Article 6

(i) Where a Business or Identifying Sign is permitted pursuant to Article 6, such Business or Identifying Sign may be, but is not required to be, a Neon Sign.

(ii) For a Residential Hotel, a Neon Identifying Sign must satisfy either of the following dimensional requirements:

a. a Sign that is not a projecting Sign shall not exceed 40 square feet in area; or

b. the dimensions of a projecting Sign shall not exceed 25 feet in height and 5 feet in width.

(iii) A Neon Sign may not have any physically moving parts.

(iv) A Neon Sign may not include flashing or blinking features, except that such Signs may include animated features.

(v) Neon Signs shall be subject to any design standards adopted by the Planning Commission, which shall promote compatibility of Neon Signs with the aesthetics and historic character of the surrounding neighborhood.

(vi) A nonconforming Neon Sign may be physically detached from the building for any required off-site repairs and maintenance, except that such maintenance and repairs shall not include replacement, alteration, reconstruction, relocation, intensification, or expansion of the Neon Sign. After the off-site repair and maintenance work is complete, the Neon Sign may be reinstalled at the premises in the same location where the Neon Sign was previously affixed.

(C) Signs permitted pursuant to this subsection (c)(11) shall be subject to all other provisions of the Planning Code, as may be amended from time to time, except as specified in this Section 249.5.

(d) Liquor Establishments. In addition to all other applicable controls set forth in this Code, Liquor Establishments in the North of Market Residential Special Use District shall be subject to the controls set forth in this Section.

(1) No Off-Sale Liquor Establishments shall be permitted in the North of Market Residential Special Use District.

(2) An Off-Sale Liquor Establishment lawfully existing in the North of Market Residential Special Use District and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation may continue operation only under the following conditions, as provided by California Business and Professions Code Section 23790:

(A) The premises shall retain the same type of retail liquor license within a license classification; and

(B) The licensed premises shall be operated continuously without substantial change in mode or character of operation.

(3) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following, provided that the type of California liquor license does not change, the location of the establishment does not change, and the square footage used for the display and sale of alcoholic beverages does not increase:

(A) A change in ownership of an Off-Sale Liquor Establishment or an owner-to-owner transfer of a California liquor license; or

(B) Re-establishment, restoration or repair of an existing Off-Sale Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or

(C) Temporary closure of an existing Off-Sale Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling.

(4) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Section 205.1; or

(B) Establishment of an Off-Sale Liquor Establishment if application for such Off-Sale Liquor Establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of this legislation; or

(C) Re-location of an existing Off-Sale Liquor Establishment in the North of Market Residential Special Use District to another location within the North of Market Residential Special Use District with conditional use authorization from the Planning Commission, provided that (i) the type of California liquor license does not, change, (ii) the square footage used for the display and sale of alcoholic beverages does not increase, and (iii) the original premises shall not be occupied by an Off-Sale Liquor Establishment unless by another Off-Sale Liquor Establishment that is also relocating

from within the North of Market Residential Special Use District. Any such conditional use authorization shall include a requirement that the establishment comes with the "Good Neighbor Policies" set forth in Subsection (d)(6) below; or

(D) A change in liquor license from a Type 21 (Off-Sale General) to a Type 20 (Off-Sale Beer and Wine), provided that the square footage used for the display and sale of alcoholic beverages does not increase.

(5) The prohibition on Off-Sale Liquor Establishments shall be interpreted to prohibit the transfer of any California Alcoholic Beverage Control Board off-sale liquor license from a location outside of the North of Market Residential Special Use District to a location within the North of Market Residential Special Use District or the issuance of any original California Alcoholic Beverage Control Board off-sale liquor license for a location within the North of Market Residential Special Use District.

(6) The following "Good Neighbor Policies" shall apply to all Liquor Establishments in the North of Market Residential Special Use District in order to maintain the safety and cleanliness of the premises and vicinity:

(A) Employees of the establishment shall walk a 100-foot radius from the premises some time between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by patrons;

(B) The establishment shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences;

(C) No alcoholic beverages shall be consumed on any outdoor property adjacent to the establishment and which is under the control of the establishment, excepting those areas of the property that are enclosed and not visible from the sidewalk. are intended for patron services, are supervised by the establishment, and are not located adjacent to any sidewalk areas;

(D) No more than 33 percent of the square footage of the windows and clear doors of the establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises;

(E) No person under the age of 21 shall sell or package alcoholic beverages;

(F) Employees of the establishment shall regularly police the area under the control of the establishment in an effort to prevent the loitering of persons about the premises; and

(G) The establishment shall promptly remove any graffiti from the exterior of the premises.

(7) For purposes of this Section, the following definitions shall apply:

(A) "Liquor Establishment" shall mean any enterprise selling alcoholic beverages pursuant to a California Alcoholic Beverage Control Board license.

(B) "Off-Sale Liquor Establishment" shall mean a Liquor Store, as defined in Section 102 of this Code.

(C) "Alcoholic Beverages" shall mean "alcoholic beverages," as defined by California Business and Professions Code Sections 23004 and 23025.

(D) "Sell" or "Sale" shall mean and include any retail transaction whereby, for any consideration, an alcoholic beverage is transferred from one person to another.

(e) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the North of Market Residential Special Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(f) Tobacco Paraphernalia Establishments. A special definition of “Tobacco Paraphernalia Establishments” applicable to the North of Market Residential Special Use District is set forth in Section 102. Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. In the North of Market Residential Special Use District, a legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned after 180 days of non-use.

rnalia Establishments” applicable to the North of Market Residential Special Use District is set forth in Section 102. Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. In the North of Market Residential Special Use District, a legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned after 180 days of non-use.

(Added by Ord. 165-85, App. 3/28/85; amended by Ord. 287-85, App. 6/6/85; Ord. 345-87, App. 8/21/87; Ord. 292-98, App. 10/2/98; Ord. 55-99, File No. 982065, App. 4/2/99; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 90-16 , File No. 151280, App. 5/27/2016, Eff. 6/26/2016; Ord. 206-22, File No. 220643, App. 10/6/2022, Eff. 11/6/2022; Ord. 70-24, File No. 231225, App. 4/5/2024, Eff. 5/6/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Former division (c)(3) deleted and former divisions (c)(4)-(14) redesignated as (c)(3)-(13); current division (c)(5) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (a), (c)(2), (c)(3)(A), (c)(3)(B), and (c)(4) amended; former division (c) (5) deleted and former divisions (c)(6)-(9) redesignated as (c)(5)-(8); former divisions (c)(10) and (c)(11) deleted and former divisions (c)(12) and (c)(13) redesignated as (c)(9) and (c)(10); division (d)(7)(B) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(3)(B) amended; divisions (c)(3)(B)(i)-(iii) added; Ord. 90-16 , Eff. 6/26/2016. Division (b) amended; divisions (c)(11)-(c)(11)(C) added; Ord. 206-22, Eff. 11/6/2022. Division (f) added; Ord. 70-24, Eff. 5/6/2024. Division (a) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(2) amended; Ord. 1-26, Eff. 2/8/2026. Division (c)(7) deleted; divisions (c)(8)-(11) redesignated as (c)(7)-(10); current division (c)(9) amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 249.6. SOUTH OF MARKET HALL OF JUSTICE LEGAL SERVICES SPECIAL USE DISTRICT.

In the South of Market Hall of Justice Legal Services Special Use District, as shown on Sectional Map 08SU of the Zoning Map, the offices of attorneys, bail and services, government agencies, union halls, and other criminal justice activities and services directly related to the criminal justice functions of the Hall of Justice shall be permitted as a Principal Use. A Notice of Special Restriction shall be placed on the property limiting non-conforming Office Uses to the activities permitted by this Section 249.6.

(Added as Sec. 822 by Ord. 115-90, App. 4/6/90; amended by Ord. 207-02, File No. 020782, App. 10/18/2002; Ord. 29808, File No. 081153, App. 12/19/2008; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; redesignated and amended by 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 redesignated, renamed, and amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 249.7. SAN FRANCISCO GATEWAY SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the “San Francisco Gateway Special Use District” (SUD) is hereby established, generally bounded by Kirkwood Avenue to the northeast, Rankin Street to the southeast, McKinnon Avenue to the southwest, and Toland Street to the northwest. The precise boundaries of the SUD are shown on Sectional Map SU10 of the Zoning Map.

(b) Purpose. The purpose of the SUD is to accommodate a unique combination of PDR (Production, Distribution, and Repair) uses, including both traditional and evolving PDR uses, and to give effect to the Development Agreement for the San Francisco Gateway Project (“Development Agreement”), as approved by the Board of Supervisors in the ordinance in File No. 250427. The SUD will advance established City policy to create, protect, and preserve PDR uses and a wide range of employment opportunities, in light of economic pressures that have reduced PDR space and employment opportunities across San Francisco. New, large-scale PDR development has been limited in San Francisco given the higher rents obtainable for other land uses, and existing PDR space that has not been redeveloped for other uses is frequently unsuitable for current PDR users. The SUD contains a large site with a single owner, and as such is uniquely positioned within the PDR districts for a large-scale, modern PDR development to meet the needs of City businesses and residents. PDR businesses provide employment opportunities for a wide range of workers, including those without college degrees or experience, at generally higher salaries than the retail sector. The development facilitated by the SUD would

provide these opportunities for a wide range of workers, both by directly creating new jobs and providing spaces and services that support other City businesses and industries.

With climate change, as well as industry and regulatory changes, PDR businesses need flexible facilities that can accommodate a variety of vehicle types and sizes. The SUD’s site-specific development controls are necessary to adapt and refine PDR district zoning controls generally designed for smaller PDR buildings with a single user. The controls will facilitate the development of high-efficiency, enclosed PDR buildings with multiple users, large PDR spaces that accommodate modern loading facilities and vehicle circulation, and the transition to electrified vehicle fleets for such users.

(c) Definitions.

“Major Modification” means a deviation of 15% or more from any dimensional or numerical standard in this SUD or in the DSG.

“Minor Modification” means a deviation of less than 15% from any dimensional or numerical standard in this SUD or in the San Francisco Gateway Design Standards and Guidelines (DSG), or any deviation from any non-numerical standard in the DSG.

(d) Relationship to the Development Agreement. This Section 249.7 shall be read and construed consistent with the Development Agreement, and all development within the SUD that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect.

(e) Relationship to Design Standards and Guidelines. The San Francisco Gateway Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21831, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy of the DSG is on file with the Board of Supervisors in File No. 250426 and is available on the Planning Department’s website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, this SUD shall prevail. The Planning Commission shall review and approve amendments to the DSG, provided, however, the Planning Director may approve minor amendments to the DSG. For the purposes of this subsection (e), “minor amendments to the DSG” shall be defined as amendments that are necessary to correct inadvertent omissions or mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement.

(f) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.7. In the event of a conflict between other provisions of the Planning Code and this Section 249.7, the provisions of this Section 249.7 shall control.

(1) Development applications for the construction of new buildings within the SUD shall require a Conditional Use Authorization for a Planned Unit Development, except those buildings constructed pursuant to Section 181(d).

(2) Uses. Except as described in this subsection (f)(2), uses shall be conditionally or principally permitted pursuant to the controls for the PDR-2 zoning district in Section 210.3. The following use controls apply in the SUD:

(A) Private Parking Garage is principally permitted, provided that such garage use shall not allow for storage or parking of personal vehicles in the form of employee, commuter, or short-term visitor parking. Within the SUD, such Private Parking Garage use may include storage and parking of automobiles, trucks, buses, vans, bicycles, motorcycles, and similar vehicles for any duration of time, and shall not be subject to provisions regulating automobile parking or loading as set forth in Article 1.5. Washing, loading, preparation for vehicle movement in and out of the garage, and light maintenance of such vehicles is permitted as accessory to the Private Parking Garage use without limitation as to the area used for such activities.

cycles, and similar vehicles for any duration of time, and shall not be subject to provisions regulating automobile parking or loading as set forth in Article 1.5. Washing, loading, preparation for vehicle movement in and out of the garage, and light maintenance of such vehicles is permitted as accessory to the Private Parking Garage use without limitation as to the area used for such activities.

(B) The addition or inclusion of electric vehicle charging and associated infrastructure shall be permitted for any principally permitted or conditionally permitted uses established within the SUD and shall not be considered a change of use, notwithstanding any restriction on Fleet Charging as an accessory use contained in the Planning Code.

(C) Parcel Delivery Service is principally permitted up to a total of 225,000 square feet of Occupied Floor Area within the SUD, and is permitted as an accessory use to any other principal use established within the SUD. Any amount

of Parcel Delivery Service use beyond this limit shall require Conditional Use authorization pursuant to Section 303(cc). (3) No more than a total of 8,500 square feet of Occupied Floor Area for Retail Sales and Service uses shall be permitted within the SUD. The use size limits on Retail Sales and Service uses as described in Section 210.3A shall not apply within the SUD.

(4) Maximum Off-Street Parking. Off-street parking is not required but shall not exceed a maximum of 1.5 spaces per 200 square feet of Gross Floor Area for all Retail Sales and Services uses, and a maximum of 1 space per 1,500 square feet of Gross Floor Area for all other uses. Where off-street parking is provided that exceeds the amounts identified above, such parking shall be classified not as accessory parking but as a conditional use.

(5) Building Height Exemptions. In addition to the building height exemptions listed in Section 260(b), the following features shall also be exempt from the height limits established by this Code:

(A) Solar Array and EV Charging System Components. Any component of a solar array system needed to collect or store solar energy, support and maintain solar panels, and transfer their captured energy, and any component of a charging system for electric vehicle charging. System components include solar panels and mounting hardware, any vertical and horizontal structures utilized to support the solar panels, fire sprinkler system components, lighting, conduit, cabling and battery storage, as well as infrastructure for electric vehicle charging. This exemption shall be limited to the top 20 feet of such features, without regard to their horizontal area.

(B) Vehicle Parking and Circulation. Parking and circulation of passenger and non-passenger vehicles, without additional structures or equipment other than trellises or similar overhead screening for such vehicles with a maximum height of 20 feet. This exemption shall apply without regard to horizontal area.

(C) Vertical Screening for Vehicle Parking and Circulation. Vertical screening for vehicle parking and circulation, with a maximum height of eight feet. This exemption shall apply without regard to horizontal area.

(D) Awnings. Horizontal awnings or other covering elements projecting from rooftop penthouses for the purpose of adequately protecting elevator and stair openings from water intrusion and damage, with a maximum height of 12 feet, and a maximum horizontal area of 100 square feet per protected opening.

(6) Streetscape and Pedestrian Improvements. The Streetscape and Pedestrian Improvements requirements set forth in Section 138.1 shall not apply within the SUD. The streetscape and pedestrian improvements included in Exhibit P to the Development Agreement shall govern within the SUD.

(7) Transportation Demand Management. The Transportation Demand Management (TDM) Program requirements set forth in Section 169 shall not apply within the SUD. The TDM provisions included in Exhibit J to the Development Agreement shall govern within the SUD.

(8) Demolition and Replacement of Industrial Buildings in PDR Districts. The demolition and replacement requirements for industrial buildings containing Industrial Uses shall not apply within the SUD for any building constructed pursuant to the Development Agreement while it is in effect.

(g) Project Review and Approval.

(1) Design Review and Approval. An applicant may submit, but is not required to submit, a design review application for review by the Planning Department for consistency with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, prior to preparing and submitting a site or building permit application. If an applicant elects to submit a design review application, the applicant must receive approval from the Planning Director, or the Planning Commission if required, before obtaining any permits for the applicable building construction (other than for demolition or site preparation). If an applicant proposes a Minor Modification or Major Modification, the applicant must obtain such Minor Modification or Major Modification through a design review application approval. Standards and limitations on design review application approval are set forth in the Development Agreement and in subsection (g)(2). Nothing in this Section 249.7 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(2) Design Review Applications and Process.

(A) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, including site plans, floor plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed building(s). The design review application shall not be required to identify infrastructure or streetscape improvements that may be required in association with the proposed building(s), which are subject to the review and approval process described in the Development Agreement. If an applicant requests a Minor Modification or Major Modification, the application shall describe proposed changes in reasonable detail, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s).

(B) Completeness. Planning Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days of the date of the application or, if applicable, within 15 days of receipt of any supplemental information requested pursuant to this section.

(C) Design Review Process. Following a determination of completeness of the design review application in accordance with subsection (g)(2)(B), Planning Department staff shall conduct design review. If an applicant submits a design review application that does not propose any Minor Modifications or Major Modifications, the Planning Director, within 30 days of the determination of completeness, shall prepare and issue a design review approval letter to the applicant if the design is found to be in compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, or notify the applicant of their determination of noncompliance. If an applicant submits a design review application that proposes Minor Modifications or Major Modifications, Planning Department staff shall prepare a staff report assessing compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, including a recommendation regarding any Minor Modifications or Major Modifications sought. The staff report shall be delivered to the applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s website for public review, within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, or the DSG, the Applicant may resubmit the application, in which case the requirements of this subsection (g)(2) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(D) Approvals and Public Hearings for Buildings.

(i) Buildings Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG. If the design review application is consistent with the quantitative standards set forth in this Section 249.7 and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to the application’s consistency with the qualitative, non-numeric, and non-dimensional elements of the DSG. Notwithstanding any other provisions of this Section 249.7, the Planning Director may, in their discretion, refer any application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG or this Section 249.7.

(ii) Buildings Seeking Major Modifications, or Minor Modifications Referred by Planning Director. If a design review application seeks one or more Major Modifications, or if a design review application that proposed a Minor Modification is referred to the Planning Commission, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting of the staff report on the design review application, or the Planning Director’s referral (as applicable), subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification, or the Minor Modification referred by the Planning Director. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the design review application, including the granting of any Major

Modifications or referred Minor Modifications in accordance with the standard of review established under this subsection (g)(2). If a Major Modification or intensification of a Planned Unit Development exception requires Planning Commission approval of a new Conditional Use Authorization, the Planning Commission shall consider such new Conditional Use Authorization in conjunction with the design review application proposing a Major Modification, and the above timelines for staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall not apply.

(iii) Notice of Hearings. Notice of any Planning Commission hearings required under this SUD shall be provided in accordance with Planning Code Section 333.

(3) Use Consistency Review. All site or building permit applications for construction of new buildings or alterations of or additions to existing structures, or for permits of occupancy that would authorize a new use or a change of use, including changes within subcategories of use (“Applications”), submitted to the Department of Building Inspection shall be forwarded to the Planning Department for use consistency review within 15 days of submittal. For purposes of this subsection (g)(3), Applications do not include any submittals for interior improvements, modifications, or alterations that do not involve a new use or change of use, or an expansion or intensification of an existing use, provided however, that any such improvement, modification, or alteration shall otherwise comply with the applicable requirements of the Planning Code. Once referred, the Department shall review the Application for consistency with the Planning Code, including this Section 249.7, the Development Agreement, the DSG, and any applicable Conditional Use Authorization. The Application shall include any documents, plans, and materials necessary to determine such consistency.

(4) Discretionary Review. No requests for discretionary review shall be accepted or heard for projects within the SUD.

(Added by Ord. 248-25, File No. 250426, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

SEC. 249.8. [ NON-PROFIT ARTS EDUCATION SPECIAL USE].[1]

(a) General. A special use district entitled the “Non-Profit Arts Education Special Use District” consisting of Assessor’s Parcel Block No. 49, Lot No. 1, which is generally bounded by Francisco Street, Jones Street, Chestnut Street, and Leavenworth Street, and is numbered as 800 Chestnut Street, is hereby established for the purposes set forth below. The boundaries of the Non-Profit Arts Education Special Use District are designated on Sectional Map No. SU01 of the Zoning Map.

(b) Purpose. The purpose of the special use district is to continue the tradition of arts education at the site of the former San Francisco Art Institute and facilitate the establishment of a Non-Profit Arts Education Institutional Use.

(c) Definition. For purposes of this special use district, a Non-Profit Arts Education Institutional Use shall mean an Institutional use in which the chief activity is not carried on as a gainful business and whose chief function is to operate as a post-secondary educational institution that gathers persons for the purposes of offering arts education. A Non-Profit Arts Education Institutional Use shall not be required to be certified by the Western Association of Schools and Colleges. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution.

(d) Controls. All provisions of the Planning Code applicable to the RH-3 District shall apply; provided that a NonProfit Arts Education Institutional Use is principally permitted and shall not be obligated to comply with Section 304.5 concerning institutional master plans.

(Added by Ord. 238-23, File No. 230924, App. 12/4/2023, Eff. 1/4/2024, Oper. 2/29/2024)

CODIFICATION NOTE

1. Ord. 238-23 did not add the Section heading. The heading has been included by the publisher for ease of reference, with square brackets to indicate that it is unofficial

SEC. 249.9. STONESTOWN SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the “Stonestown Special Use District” (SUD) is hereby established, generally bounded by Eucalyptus Drive to the north, 19th Avenue to the east, San Francisco State University

(SFSU) Campus to the south, and Buckingham Way to the west, and excluding the existing Stonestown Galleria Mall, in the southwest part of San Francisco. The boundaries of the existing Stonestown Galleria Mall are more fully described in Exhibit A-5 to the Development Agreement. The precise boundaries of the SUD are shown on Sectional Map SU13 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Stonestown Development Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 240410. The Project will provide several benefits to the City, such as a significant amount of publicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

(b) Relationship to Design Standards and Guidelines. The Stonestown Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21565, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy of the DSG is on file with the Board of Supervisors in File No. 240410 and is available on the Planning Department’s website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, this SUD shall prevail. The Planning Commission shall review and approve amendments to the DSG, provided, however, the Planning Director may approve minor amendments to the DSG. For the purposes of this subsection (b), “minor amendments to the DSG” shall be defined as amendments that are necessary to correct omissions or inadvertent mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement.

(c) Relationship to the Development Agreement. This SUD shall be read and construed consistent with the Development Agreement. All development within the Project Site that is subject to the Development Agreement must comply with the applicable requirements of the Development Agreement for so long as the Development Agreement remains in effect for the applicable development.

(d) Relationship to Other Planning Code Provisions. The provisions of this SUD and the DSG shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to: (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Use Districts), Section 249.9 (Stonestown Mixed-Use Special Use District), Section 263.36 (Stonestown Mixed Use Height and Bulk District), and Section 608.10 (Stonestown Mixed-Use Special Sign District); (3) Article 1.7 (Compliance) of the Planning Code; (4) Article 3 (Zoning Procedures) of the Planning Code, subject to the limitations set forth in this Section 249.9; (5) Article 4 (Development Impact Fees and Project Requirements that Authorize the Payment of In Lieu Fees) of the Planning Code, subject to the limitations set forth in subsection (h)(19) of this Section 249.9; and (6) any other section of the Planning Code referenced in this SUD or in the DSG (but only to the extent set forth and for the purposes stated in this SUD or the DSG).

If there is a conflict between any otherwise applicable provision of the Planning Code and this SUD, this SUD shall prevail, except as to any voter-adopted initiatives in effect as of the effective date of this SUD and, once the Development Agreement is no longer in effect, all applicable voter-adopted initiatives. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG as of the effective date of this SUD, the standard or guideline in the DSG as of the effective date of this SUD shall prevail. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG that has been amended after the effective date of this SUD, the applicable Planning Code provision shall prevail over such amended standard or guideline unless this SUD provides that the DSG governs that standard or guideline, in which case the DSG as amended shall prevail. Later amendments to the Planning Code sections referenced in the SUD shall apply where not in conflict with this SUD or DSG (as set forth above) or the Development Agreement.

(e) Definitions. Any capitalized term used in this SUD and not otherwise defined in this SUD shall have the meaning ascribed to it in the DSG, if it is defined in the DSG. If a term is not explicitly defined in this SUD or the DSG, the definitions elsewhere in the Planning Code shall apply. Later amendments to the Planning Code definitions used in this

SUD or the DSG shall apply where not in conflict with the SUD, or the DSG, or the Development Agreement. In addition to the specific definitions set forth elsewhere in this SUD, the following definitions shall govern interpretation of this SUD:

“Applicant” means the owner, or authorized agent of the owner of a development parcel.

“Base Zone” means the base of the building, defined by the ground floor or up to the third floor if podium parking is included.

“Building” means the construction of a building within the Project Site.

“Building Standards” means the standards and guidelines applicable to Vertical Improvements and any associated Privately Owned Community Improvements and Project Open Space within the SUD, consisting of the standards specified in subsection (g) and (f)(10), below, and the standards and guidelines identified as such in the DSG.

“Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours.

“Changing Building Technologies” means new generally prevailing and market standard building and engineering technologies, features, means, methods or materials (collectively, “Technologies”).

“City” means the City and County of San Francisco.

“Development Agreement” means the Development Agreement by and between the City and the developer identified therein (and its successors and assigns), including all attachments thereto, approved by the Board of Supervisors by the ordinance in Board File No. 240410, and as may be amended from time to time.

“External Courtyard” means a courtyard with at least one edge fronting a street or Project Open Space.

“Floorplate” means the gross area of a given floor of a Building as bounded by the exterior walls of a floor.

“Footprint” means square footage of the Building footprint perimeter as established by the Building’s Predominant Building Façades.

“Gross Floor Area” has the meaning set forth in Planning Code Section 102 for C-3 districts.

“Ground Floor” means the level at which the Building meets the grade.

“Hybrid Residential Uses” has the meaning set forth in subsection (f)(6)(C) of this Section 249.9.

“Internal Courtyard” means a courtyard with no edge fronting a street or Project Open Space.

“Kiosk” means a structure that is set upon the ground and is not attached to a foundation, such as a shipping container, trailer, or similar structure, from which food service and/or retail business is conducted. A Kiosk operates in a publicly accessible Project Open Space, and remains in place until the food service and/or retail business is terminated or relocated.

“Major Modification” means any deviation of more than 15% from any quantitative standard in the Planning Code, this SUD, or DSG, except as prohibited per subsection (h) of this Section 249.9, or except as otherwise included in the definition of Minor Modification.

“Maximum Buildable Area” means occupied floor area of all floors above the Base Zone. Floors that do not contain occupied floor area are excluded from the calculation of Maximum Buildable Area.

“Minor Modification” means (i) any deviation of 15% or less from any quantitative standards in the Planning Code, SUD, or the DSG, except as prohibited in subsection (h) of this Section 249.9, (ii) any deviation from any qualitative standards or any guidelines in the approved DSG, (iii) any deviation to the extent necessary to reconcile any inconsistency between the provisions of this SUD, the DSG, the Development Agreement or any attachment thereto (including but not limited to the Infrastructure Plan and the Transportation Demand Management Plan included as an attachment to the Development Agreement), or to comply with the requirements or specifications imposed by any agency with jurisdiction over all or a portion of the Project, in a manner that advances the intent of the SUD, DSG, or the Development Agreement (including the agreements and plans referenced in the Development Agreement that the parties must comply with), or is minor or incidental; and (iv) any other deviations to the extent necessary to address Changing Building Technologies or Unforeseen Site Circumstances, provided the Director in granting such deviation, makes findings that: (a) the granting of such deviation is necessary or desirable to avoid a hardship of complying with the DSG and/or SUD because of an Unforeseen Site Circumstance or Changing Building Technologies; (b) the deviation does not result in a Building of

greater total Gross Floor Area than would be permitted if the minor deviations were not otherwise granted and is generally consistent with urban form anticipated by the DSG and SUD; (c) the deviation will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and (d) the deviation will be consistent with the General Plan and in harmony with the general purpose and intent of the DSG and the SUD.

“New Construction” means all new Building construction within the SUD.

“Predominant Building Façades” means the vertical plane that aligns with the outermost edges of a Building, not including projections such as bays or balconies.

“Privately-Owned Community Improvements,” means those facilities and services that are privately-owned and privately-maintained, at no cost to the City (other than any public financing set forth in the Financing Plan, a Development Agreement exhibit), for the public benefit, but not dedicated to the City. The Privately-Owned Community Improvements include certain pedestrian paths, storm drainage facilities, the Project Open Space, bicycle facilities, and other privatelyowned facilities, as further detailed in the Development Agreement.

“Project” means the Stonestown Development Project.

“Project Open Space” means the privately owned, publicly accessible open spaces to be developed within the Project Site.

“Project Site” means the approximately 30-acre site comprised of the various subareas shown on Figure 249.9-1 that is within the Special Use District.

Figure 249.9-1 Stonestown Project Site

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project. “Publicly Accessible Sidewalk and Access Easement” means areas of horizontal building setback from the parcel boundary to accommodate required street elements.

“Senior Housing” means a Residential Use defined as dwellings that are specifically designed for and occupied by senior citizens.

“Tower” means all New Construction above 90 feet in height.

“Townhome” means a multi-story home typically with stoops and/or a patio. Townhomes may be standalone or attached by shared party walls.

“Unforeseen Site Circumstances” shall mean unanticipated circumstances related to site conditions, such as

topography, grading, geological features, final infrastructure configurations, or soil conditions.

“Vertical Improvements” means new construction of a Building and any later major exterior alteration or expansion of a previously approved Building within the SUD.

• (f) Uses.

(1) Stonestown Mixed Use District Zoning Designation. As shown on the Zoning Map, the boundaries of this SUD are coterminous with the Stonestown Mixed Use District (S-MU).

(2) Permitted Uses. The following uses set forth in Table 249.9-1, “Stonestown Permitted Uses,” below, shall be permitted as indicated within the SUD, where P means Permitted Use, C means Conditional Use as defined in Planning Code Section 303, and NP means Non-permitted Use. If a use is not specifically identified in Table 249.9-1 as a Permitted Use, Conditional Use or Non-permitted use, such use shall be a Permitted Use. Existing parking lots shall be a principally permitted use until such time as a certificate of occupancy is issued for New Construction or Project Open Space for the parcel on which such parking lot is located.

Table 249.9-1 Stonestown Permitted Uses

• Not listed below.

** This Special Use District shall not become operative as to the entirety of Parcel E3E, until the occurrence of a specified condition set forth In Section 7 of the ordinance In Board File No. 240409, enacting this Section 249.9.

(1) NP above the third floor.

(2) Subject to auxiliary structure requirements within the DSG.

(3) C above the third floor.

(4) P on rooftops.

(5) P as provided for as an interim use or as an existing permitted use as set forth in the SUD.

(6) P as provided as an accessory use or replacement parking as set forth in 249.9(f)(6)(b) of the SUD.

Land uses are consistent with definitions included in Planning Code Article 1.

Figure 249.9-2 Stonestown Zoning District

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project.

(3) Location and Operating Conditions. Planning Code Section 202.2 shall apply within the SUD, subject to the following:

(A) Section 202.2(f) (Residential Uses) shall not apply within the SUD.

(B) Notwithstanding any provision of this SUD or the Planning Code to the contrary and for the avoidance of doubt, for purposes of enforcing the location and operating conditions set forth in Section 202.2 (as modified herein), the

“property that is the subject of the violation,” as used in Section 176(b)(1) of the Planning Code, shall be limited to the Building(s) in which the establishment that is in violation is located.

(4) Conditional Uses. Only the establishment of a use that expressly requires a Conditional Use authorization under this SUD shall be subject to the requirements of Section 303 of the Planning Code, and the discontinuance or demolition of any use shall not require a Conditional Use authorization within this SUD.

(5) Intermediate Length Occupancy. Intermediate Length Occupancy Dwelling Units shall be permitted Residential Use characteristic within this SUD in accordance with subsection (f)(2), above, and Table 249.9-1. Planning Code Section 202.10 shall not apply within the SUD.

(6) Accessory Uses. Accessory Uses shall be governed by the following controls and the controls set forth in the DSG.

(A) Generally. Accessory Uses are related minor uses located on the same parcel that support any principally permitted or conditionally permitted use located on such parcel. Any use which does not qualify as an accessory use shall be classified as principally permitted, conditionally permitted, or not permitted, unless it qualifies as a temporary or interim use under this Section 249.9. Accessory Uses are permitted for up to 33% of the total floor area of the applicable principally permitted or conditionally permitted use, except this limitation shall not apply to accessory off-street parking and loading, accessory wholesaling, manufacturing or processing of foods, goods, or commodities, and Hybrid Residential Uses, which shall be subject to the controls set forth below.

(B) Accessory and Replacement Parking and Loading. Accessory parking and loading is permitted on all parcels excluding parcels containing Project Open Space. Parking is permitted within below or above ground structures subject to the requirements set forth in this SUD. Accessory parking and loading to specific uses may be located on a different parcel from the use and may be shared among various uses. Replacement parking for Stonestown Galleria Mall, as prescribed in subsection (g)(13), below, is permitted on any parcel within the SUD except Parcels NW1, NW2, and NW3. 100% of the buildable floor area of Parcels W2 and S3 is permitted as replacement parking for Stonestown Galleria Mall and parking for non-residential uses in the SUD.

(C) Uses Accessory to Dwelling Units. Medical Cannabis Dispensary as defined in Section 102 of the Planning Code shall not be permitted as an Accessory Use to a Dwelling Unit. Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses shall be permitted as Accessory Uses to a Dwelling Unit (“Hybrid Residential Uses”) if the following conditions are satisfied:

(i) Dwelling Units with a Hybrid Residential Use may only be located on the first three levels of a Building; provided that such unit has direct access to a street or open space on the ground level and the applicable Accessory Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses is located and conducted solely on the ground level of such Hybrid Residential unit.

(ii) Within Hybrid Residential units, Accessory Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses are permitted for up to 50% of the total floor area of the applicable dwelling unit.

(7) Temporary Uses. Temporary Uses are permitted consistent with Planning Code Sections 205.1 through 205.8, subject to the following:

(A) The Temporary Uses listed in Sections 205.1 through 205.7 (as modified pursuant to this SUD), where not otherwise permitted in the SUD, may be authorized as provided therein and in this SUD, up to the time limits indicated, or for such longer period of time as approved by the Planning Director, without a public hearing and without any requirement for a development phase approval (as referenced in subsection (i) of this SUD), design review approval pursuant to subsection (j) of this SUD, or a conditional use permit.

(B) The following uses may be authorized as Temporary Uses in addition to those listed in Section 205.1(a): musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out, special event and athletic events, meeting rooms, and event staging.

(C) Temporary Uses listed in Section 205.1(d) may be authorized for a period of up to 180 days. Retail Sales and Service Uses as well as Entertainment, Arts, and Recreation Uses that are a Permitted Use pursuant to Table 249.9-1 may be authorized for a period of up to 180 days as a Temporary Use.

(D) Temporary Uses listed in Section 205.1(e) (temporary signs) may be authorized in the SUD for the period set forth in Section 205.1, or such longer time as approved by the Planning Director.

(E) Temporary Uses listed in Section 205.2(a)(2) (Pop-Up Activations) may be authorized in the SUD for the period set forth in Section 205.2(a), or such longer time as approved by the Planning Director.

(F) Temporary Uses listed in Section 205.3 may be authorized for a period up to 72 hours per event for up to 12 events per year.

(G) Carts and Kiosks may be permitted as Temporary Uses pursuant to Section 205.4, but shall not block accessible paths of travel or areas for emergency vehicle access.

(H) Section 205.5 shall not apply within the SUD. Interim Uses shall be governed by the controls set forth in subsection (f)(8) (Interim Uses), below.

(8) Interim Uses. Prior to completion of the Project, the Planning Director may approve any interim uses in accordance with this subsection (f)(8) without a public hearing, a development phase approval (referenced in subsection (i), design review approval pursuant to subsection (j), below, or conditional use permit, for a period not to exceed five years if the Planning Director finds that such Interim Use will not impede orderly development consistent with this Section 249.9, the DSG, and the Development Agreement (for so long as the Development Agreement remains in effect for the applicable development). Any Interim Use listed in this subsection (f)(8) that the Planning Director determines is necessary or desirable for development under the Development Agreement, shall not require separate authorization as an Interim or Temporary Use or be subject to the five-year limitation (for example, Interim Uses incidental to environmental clean-up, construction staging, materials laydown, demolition, construction activities, storage, automobile and truck parking and loading related to construction activities, or replacement motor vehicle parking, loading, or bicycle parking for the Stonestown Galleria Mall). Any authorization or commencement of an Interim Use pursuant to this subsection (f) (8) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. The approval or commencement of an Interim Use as authorized under this subsection (f)(8) shall not be considered a conversion, discontinuance, abandonment, or change of use for purposes of this Code, notwithstanding Sections 182 and 183 of this Code. Any property for which the Interim Use is authorized shall retain its authorized land use(s). Such authorized land uses, including any nonconforming uses, shall become operative upon the expiration, termination, or abandonment of such Interim Use authorization. Any Interim Use authorized pursuant to this subsection (f)(8) shall not be required to comply with any requirements of this SUD or the Planning Code that are not expressly applicable to such Interim Use under this subsection (f)(8). Interim Uses the Planning Director may authorize include, but are not limited to:

(A) Retail Sales and Services, which may include but are not limited to the on-site assembly, production, or sale of food, beverages, and goods, and the operation of restaurants or other retail food service in temporary structures, food trucks, or food carts, with indoor or outdoor seating;

(B) Entertainment, Arts, and Recreation, both enclosed and unenclosed, including but not limited to temporary art installations, exhibits, and sales, recreational facilities and uses (such as play and climbing structures and outdoor fitness classes), and temporary structures to accommodate events (such as stages, seating, and support facilities for patrons and operations);

• (C) Public and Private Parking Lots;

• (D) Fleet Charging;

• (E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;

• (F) Institutional Use, including but not limited to after-school day activities and library services;

• (G) Site management service, administrative functions, and customer amenities and associated loading;

• (H) Rental or sales offices incidental to new development; and

(I) Trailers, recreational vehicles, or other temporary housing or administrative offices for construction workers, seasonal labor, or other workforce employment needs.

• (9) Nonconforming Uses and Structures; Existing Structures.

(A) Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to Sections 181183 and 188 of the Planning Code.

(B) Existing Structures. Notwithstanding subsection (A), existing structures shown in Figure 249.9-3 shall be considered Code-complying until such time as the City approves a building permit application for New Construction on

parcels upon which the existing structure is located. The Planning Director may allow the expansion or modification of an existing structure without requiring compliance with this Section 249.9 or the DSG, upon a determination that the expansion or modification would not impede the orderly development of the SUD consistent with this Section and the Development Agreement; provided that any modification or expansion shall be limited to 15% additional Gross Floor Area; provided further that the existing building located on Parcel E5 as of the effective date of this SUD may be modified and expanded only vertically up to 15% additional Gross Floor Area. The approval may be made without a public hearing, a development phase approval (referenced in subsection (i)), design review approval pursuant to subsection (j), or conditional use permit, so long as any expansion and/or modification complies with any applicable requirements of Planning Code Sections 136.1, 139, 145.1, and 210.1. Any existing structure damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition provided that such restoration is permitted by the Building Code and the structure’s owner files a building permit application to restore the structure to its former condition within eighteen months and diligently prosecuted to completion. For purposes of this Subsection (B), “started within eighteen months” shall mean that within eighteen months of the fire or other calamity or Act of God, the structure’s owner shall have filed a building permit application to restore the structure to its former condition.

Figure 249.9-3 Stonestown Existing Buildings and Structures

(10) Ground Floor Frontages. Within this SUD, only the ground floor controls contained in this SUD and the DSG shall apply.

(A) Each ground floor frontage as indicated in Figure 249.9-4, shall be occupied by any of the qualifying uses as indicated in Table 249.9-2 and the percentages as listed below:

(i) Priority Retail Frontage: A minimum of 80% of the length per frontage shall be occupied by any of the qualifying active uses, comprised of a minimum of 50% of the length per frontage occupied by any of the Priority Retail Uses and the remaining 30% of the length per frontage occupied by any of qualifying active uses.

(ii) Retail and Service Frontage: A minimum of 50% of the length per frontage shall be occupied by any of the Retail and Service Uses.

(iii) Active Frontage: A minimum of 50% of the length per frontage shall be occupied by any of the qualifying active uses. Standalone parking garages are exempt from the Active Frontage requirement.

(B) “Qualifying active uses” shall mean any principal, conditional, or accessory use that by its nature does not require non-transparent walls fronting streets and open space or involves the storage of goods or vehicles.

(C) Percentage of qualifying frontage shall be measured in plan against the length of the overall ground floor frontage.

(D) New Construction ground floors, excluding residential ground floor units, shall comply with Planning Code Section 145.1(c)(6) (Transparency and Fenestration).

Figure 249.9-4 Stonestown Ground Floor Frontage Controls

Table 249.9-2 Stonestown Ground Floor Frontage Controls

Notes:

(1) Hybrid Residential Use shall be defined as set forth in Section 249.9 of this SUD.

(g) Building Standards.

(1) Maximum Building Height. The height shall be as set forth on Sectional Map HT13 of the Zoning Map and as further limited and detailed in Figure 249.9-5 of this Section 249.9 (Building Height Maximum) and the DSG. As more particularly described in Sectional Map HT13, the “90 Foot Height Flex Zone” has been established to allow for the flexibility in locating the NW2 Building within the northwest corner of the site, up to a height of 90 feet. The 90 Foot Flex Height Zone allows for flexibility in the configuration and location of the NW2 Building, up to the indicated maximum height for such zone, as long as such Building conforms to the requirements of this Section 249.9 and the DSG.

Figure 249.9-5: Stonestown Building Heights Maximum

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project.

(2) Measurement of Height. Measurement of Height within the SUD shall be governed by the controls set forth in this SUD and the DSG.

(A) Method of Height Measurement. Maximum height for New Construction shall be measured from the centerline of the Building, as shown in Figure 249.9-6, from frontages identified in Figure 249.9-6. For Townhomes, measurement shall be taken from the centerline of each Townhome. The measuring point shall be taken at curb level from the Building façade at-grade within 10 feet of the parcel boundary. New Construction with façades at-grade beyond 10 feet from the property line shall maintain a measuring point at a maximum depth of 10 feet from the property line. At the Building roofline, measurement of height shall be as follows:

• (i) The highest point on the finished roof in the case of a flat roof;

• (ii) The average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form; or

• (iii) The highest point of any feature not exempted from the height measurement by subsection (g)(2)(B), below.

Figure 249.9-6 Stonestown Method of Height Measurement

• (B) Exemptions from Height Measurement. The roof features listed herein shall be exempt from the

measurement of height without regard to their horizontal area provided the limitations indicated for each are observed:

• (i) Railings, parapets, and catwalks, with a maximum height of four feet;

• (ii) Open railings, catwalks, and fire escapes required by law, wherever situated;

• (iii) Landscaping, with a maximum height of four feet for all features other than plant materials;

• (iv) Living walls up to 10 feet in height;

• (v) Flagpoles, flags, and weathervanes;

(vi) Wireless telecommunications services facilities and other antennas, dishes, and towers and related screening elements;

(vii) Warning and navigation signals and beacons, light standards, and similar devices;

(viii) Cranes, scaffolding, and batch plants erected temporarily at active construction sites;

(ix) Unroofed recreation facilities with fencing or windscreens, including but not limited to: tennis and basketball courts at roof level, sports fields and swimming pools, lighting poles or similar structures required for the nighttime enjoyment of such rooftop recreational facilities, fencing, goal boxes and other sports equipment, play equipment, netting or other semi-transparent enclosure necessary for the safe enjoyment of unroofed recreation facilities, all up to 20 feet in height;

(x) Unenclosed seating areas with tables and related windscreens, lattices, and sunshades with a maximum height of 10 feet;

(xi) Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries, and domes, where such features are not used for human occupancy;

(xii) Sustainable building features including, but not limited to photovoltaic panels and living roofs, with a maximum height of 20 feet;

(xiii) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels, or devices for the collection of solar or wind energy, and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. This exemption is subject to the requirements of the DSG for mechanical screening;

the collection of solar or wind energy, and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. This exemption is subject to the requirements of the DSG for mechanical screening;

(xiv) Elevator, stair and mechanical penthouses, fire towers, skylights, and dormer windows. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 20 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building;

(xv) Enclosed spaces related to recreational and retail use on the roof, up to 20 feet in height. Such enclosed spaces shall not exceed the lower of 30% of the horizontal areas of the roof on which the space sits, or 6,000 square feet on parcels fronting 20th Avenue and 3,000 square feet on Parcels W1, W2, W3/4, S3, and NW1. Enclosed spaces related to recreational and retail use are prohibited on Parcels NW2 and NW3; and

(xvi) Enclosed utility sheds of not more than 100 square feet, used exclusively for the storage of landscaping and gardening equipment for adjacent rooftop landscaping, with a maximum height of 8 feet.

(3) Bulk. Bulk controls within the SUD shall be governed as set forth below, and not as set forth elsewhere in the Planning Code.

(A) New Construction with an overall building Footprint area greater than 25,000 square feet is restricted to 80% Maximum Buildable Area above the podium or third floor, whichever is lower, up to 90 feet. New Construction with an overall building Footprint area over 70,000 square feet is restricted to 70% of Maximum Buildable Area above the podium or third floor, whichever is lower, up to 90 feet. The controls of this subsection (g)(3)(A) shall not apply to Parcels NW1, NW2, S3, and E4, standalone parking garages, and Tower massing above 90 feet.

(B) New Construction over 90 feet in height shall not exceed a Maximum Average Floorplate of 12,500 square feet for portions of the building over 90 feet in height. The Maximum Average Floorplate area is defined as the sum of the area of all the Floorplates above 90 feet in height, divided by the number of floors above 90 feet in height. No individual Building Floorplate above 90 feet shall exceed 14,000 square feet.

(C) New Construction over 90 feet in height shall have a maximum plan dimension of 160 feet and diagonal dimension of 190 feet for the portions of the building over 90 feet in height.

(D) New Construction shall also comply with the DSG requirements for massing, modulation, and sculpting.

(4) Lot Coverage, Side and Rear Yards; Setbacks. The DSG shall govern any and all lot coverage, side and rear yard, and setback requirements.

• (5) Floor Area Ratio. There shall be no floor-area-ratio limit within the SUD.

(6) Dwelling Unit Density. There shall be no density limit for any Residential Use within the SUD.

• (7) Dwelling Unit Mix.

(A) No less than 25% of the total number of proposed Dwelling Units in each phase or subphase in a Development Phase Approval shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units.

(B) No less than 10% of the total number of proposed Dwelling Units in each phase or subphase in a Development Phase Approval shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (g)(7)(A), above.

(C) To the extent any phase or subphase includes a number of two and/or three bedroom Dwelling Units exceeding the number of two and/or three bedroom Dwelling Units required for such phase or subphase pursuant to subsections (g) (7)(A) and (B), the number of two and/or three bedroom Dwelling Units exceeding the requirement in subsections (g)(7) (A) and (B) for such phase or subphase (a “Dwelling Unit Mix Exceedance”) may be carried over and applied to future phases or subphases in satisfaction of the requirements for such future phases or subphases. Developer shall identify any Dwelling Unit Mix Exceedance being applied to a development phase or subphase in the Development Phase Application for such phase or subphase.

(D) The Dwelling Unit mix requirement in subsections (g)(9)(A) and (B), above, shall not apply to Buildings for which 100% of the Residential Uses are: Group Housing, Affordable Units (as defined in the Development Agreement), Single Room Occupancy (SRO) Units, Student Housing, or housing specifically and permanently designated for seniors or persons with physical disabilities, including units to be occupied by staff serving any of the foregoing Residential Uses.

(8) Dwelling Unit Exposure. Dwelling Units in New Construction shall face directly onto one of the following open areas that is open to the sky, as shown on Figure 249.9-7:

(A) A public street with a minimum width of 30 feet;

• (B) A public alley or mid-block passage with a minimum width of 30 feet;

• (C) An External Courtyard, terrace or privately owned Project Open Space at least 30 feet in width; and

(D) An Internal Courtyard up to 55 feet tall as measured from the highest elevation of the courtyard, with a minimum width of 30 feet or an Interior Courtyard taller than 55 feet, as measured from the highest elevation of the courtyard, with a minimum width of 40 feet.

Figure 249.9-7 Stonestown Dwelling Unit Exposure

(9) Open Space for Dwelling Units. In addition to any Project Open Spaces, a minimum average of 27 square feet of open space per Dwelling Unit shall be provided on each residential building parcel. Such open space may be either private or common space, and may be provided in the form of courtyards, terraces, rooftops, balconies, decks or porches, or similar structures or areas. Any space provided as common usable open space shall have a minimum width of 10 feet or a minimum area of 100 square feet. Individual private residential usable spaces shall have a minimum width of three feet or a minimum area of 27 square feet. The standards for open spaces shall be governed by the controls set forth in this SUD and the DSG.

(10) Obstructions Over Streets and Alleys. New Construction obstructions over streets and alleys are permitted in compliance with Planning Code Section 136 with the following additional allowances:

• (A) Occupiable projections shall be permitted to up to four feet in depth with a minimum vertical clearance of 14 feet from the sidewalk grade.

• (B) Balconies shall be permitted to up to six feet in depth.

• (C) Aggregated occupiable projections, excluding balconies, are permitted up to 40% of the total façade area above the ground floor.

• (D) Occupiable projections are permitted to project beyond the parcel boundary over public streets, private streets, open spaces, mid-block passages, and Publicly Accessible Sidewalk and Access Easements.

(11) Other Applicable Controls. The following sections of the Planning Code shall apply within this SUD: Section 121.6 (Large Scale Retail Uses), Section 139 (Standards for Bird Safe Buildings), and Section 149 (Better Roofs; Living Roof Alternative).

(12) Streetscape Improvements. The streetscape, pedestrian improvement, and street tree planting requirements shall be governed by the controls set forth in the DSG, Infrastructure Plan and Development Agreement, and not as provided in Section 138.1(c) or elsewhere in the Planning Code.

(13) Off-Street Parking. The location and design standards for off-street parking shall be governed by the DSG and Transportation Demand Management Plan attachment to the Development Agreement (for so long as the Development Agreement is in effect) or TDM program standards adopted by the City (after termination of the Development Agreement), and not by any other provision of the Planning Code pertaining to off-street parking. Off-Street parking is not required and shall be limited to the following maximum ratios and parking counts:

Table 249.9-3

Maximum Permitted Off-Street Parking

Pursuant to subsection (j)(4), below, parking amounts may be greater on a parcel-by-parcel basis than otherwise allowed by Table 249.9-3, but shall not exceed a total of 4,861 off-street parking spaces in the SUD. Parking accessory to Residential Uses, Non-Residential Uses, and replacement parking for Stonestown Galleria Mall are permitted to be shared among uses and across various parcels, as more particularly described in the DSG.

(14) Bicycle Parking. The amount of bicycle parking and applicable design requirements shall be governed by the controls set forth in Planning Code Section 155.2 (Bicycle Parking: Applicability and Requirements for Specific Uses) and Zoning Administrator Bulletin No. 9. The location of required bicycle parking shall be governed by the controls set forth in the DSG and the Transportation Demand Management Plan attachment to the Development Agreement, and not the Planning Code.

(15) Showers and Lockers. Planning Code Section 155.4 (Requirements for Shower Facilities and Lockers) shall govern the provision of shower facilities and lockers.

(16) Off-Street Loading. Off-Street loading shall be governed by the controls set forth in the DSG and Transportation Demand Management Plan attachment to the Development Agreement.

(17) Signage. The requirements of the Stonestown Special Sign District as set forth in Article 6, Section 608.10 of this Code shall apply to signage within this Special Use District. The Stonestown Special Sign District applies to all property within this SUD, along with the Stonestown Galleria Mall, which is not subject to this SUD, as further set forth in the Stonestown Special Sign District.

(18) Inclusionary Housing Requirements. For so long as the Development Agreement is in effect with respect to a portion of the Project Site, the affordable housing requirements of the Development Agreement shall govern that portion of the Project Site. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable affordable housing requirements of the Planning Code shall apply to that portion of the Project Site, without reference to the date of any earlier environmental review application.

(19) Impact Fees. For so long as the Development Agreement remains in effect with respect to a portion of the Project Site, the impact fees payable for any Vertical Improvement on that portion of the Project Site will be determined in accordance with the Development Agreement. Article 4 of this Code (Development Impact Fees and Project Requirements that Authorize the Payment of In-Lieu Fees) shall not apply except to the extent expressly set forth in the Development Agreement. Upon expiration or termination of the Development Agreement, the provisions of Article 4 shall apply.

portion of the Project Site will be determined in accordance with the Development Agreement. Article 4 of this Code (Development Impact Fees and Project Requirements that Authorize the Payment of In-Lieu Fees) shall not apply except to the extent expressly set forth in the Development Agreement. Upon expiration or termination of the Development Agreement, the provisions of Article 4 shall apply.

(20) Relationship to State or Local Density Bonus Programs. In exchange for the benefits expressed in the Development Agreement and this Section 249.9, and as set forth in the Development Agreement, any Building within the SUD shall not be eligible for additional density or modifications to development standards allowed in any state or local law allowing additional density or modifications to development in exchange for on-site affordable housing, including but not limited to the State Density Bonus Law (California Government Code §65915 et seq. ), the Affordable Housing Bonus Program (Planning Code Section 206 et seq. ), and Planning Code Section 207.

(h) Modifications to Building Standards.

(1) Procedures for Modifications or Variances. No variances, exceptions, modifications, or other deviations from the requirements or standards of the Planning Code, SUD, and DSG, are permitted except through the procedures for granting of Minor and Major Modifications established in this subsection (h). No Minor or Major Modifications shall be granted for increases to maximum Building height or the maximum number of off-street parking spaces permitted within the entire SUD.

(2) Modification of Other Building Standards and Use Requirements. A quantitative standard may be modified only as provided in this subsection (h), on a phase-by-phase, parcel-by-parcel, or building-by-building basis.

(3) Minor Modifications. In order to grant a Minor Modification, the Planning Director must find that the proposed Minor Modification will meet the intent of the SUD and the DSG. The Planning Director may approve a Minor Modification administratively by the procedures described in subsection (j), below. The Planning Director may refer a Minor Modification to the Planning Commission for decision pursuant to the procedures described in subsection (j), below, if the Planning Director reasonably determines that the Minor Modification does not generally meet the intent of the SUD or DSG.

(4) Major Modifications. In order to grant a Major Modification, the Planning Commission must find that the proposed Major Modification achieves equal or superior design quality or provides equivalent or greater public benefits as would strict compliance with the applicable standard and meets the intent of the SUD and the DSG. The Planning

Commission shall hear any application for a Major Modification in accordance with the procedures described in subsection (j).

(i) Project Review and Approval. The following project review and approval procedures shall apply in the SUD: (1) Purpose. The design review process for this SUD is intended to ensure that new Buildings and Project Open Space are designed to exhibit high quality architectural design, and ensure consistency and compliance with the SUD and the DSG.

(2) Development Phase Approval. During the term of the Development Agreement, the Planning Department shall approve only those applications for Vertical Improvements or Project Open Spaces that are within the scope of a Development Phase Application previously approved in accordance with the Development Agreement.

(3) Design Review and Approval. Applications for design review may be submitted concurrently with or subsequent to an application for a Development Phase Approval submitted under the Development Agreement; however, timelines for review and approval described in subsection (j), below, will not commence prior to approval of a Phase Application containing the proposed Vertical Improvement or Project Open Space. To ensure that Vertical Improvements, Buildings, and Project Open Space meet the DSG and Development Agreement requirements, an Applicant shall submit a design review application and receive approval from the Planning Department, or the Planning Commission to the extent required under subsection (j)(5)(B), below, before obtaining any permits for the applicable Building or Project Open Space (other than for demolition or site preparation, or for any Temporary or Interim Uses authorized pursuant to subsection (f) of this Section 249.9). Design review applications for Project Open Space can be submitted independently, or as part of an application for any associated Vertical Improvement. Standards and limitations on design review approval are set forth in the Development Agreement and in subsection (j), below. Nothing in this Section 249.9 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(j) Design Review Applications and Process.

(1) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with this SUD and the DSG, including but not limited to site plans, sections, elevations, renderings, and landscape plans to illustrate the overall concept design of the proposed Buildings or Project Open Space. If an Applicant requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, including but not limited to narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s) that describes how the proposed modification meets the intent of the SUD and DSG and, for modification of building standards, provides architectural treatment that is equivalent or superior to strict compliance with the building standards.

etail, including but not limited to narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s) that describes how the proposed modification meets the intent of the SUD and DSG and, for modification of building standards, provides architectural treatment that is equivalent or superior to strict compliance with the building standards.

(2) Completeness. Planning staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days of receipt of the application or any supplemental information requested pursuant to this subsection (j).

(3) Design Review of Buildings and Project Open Space. Following a determination of completeness of the design review application in accordance with subsection (j)(2), above, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this SUD and the DSG, including a recommendation regarding any modifications sought. The staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s public website within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this SUD or the DSG, the Applicant may resubmit the Application, in which case the requirements of this subsection (j) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(4) Off-Street Parking. Design review applications for Vertical Improvements shall identify the number of off-street parking spaces, by use, to be allocated to the Vertical Improvement, plus the number of replacement parking spaces for the Stonestown Galleria Mall. It is the intent of this SUD that at full build-out of all parcels in the SUD, the total number of

off-street parking spaces within the SUD shall not exceed 4,861. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively for the Vertical Improvements within the SUD as a whole, as set forth in the Development Agreement and Transportation Demand Management Plan. Each application shall include both the number of off-street parking spaces allocated to the specific location and the cumulative number of offstreet parking spaces previously approved. The number of off-street parking spaces allocated to individual Vertical Improvements or parcels shall not be disapproved unless it would cause the cumulative maximum parking ratios to be exceeded.

(5) Approvals and Public Hearings for Vertical Improvements and Project Open Space.

(A) Vertical Improvements and Project Open Space Seeking No Modifications, or Minor Modifications.

Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design in writing based on its compliance with this SUD, the DSG, and the General Plan. If the design review application is consistent with the quantitative standards set forth in this SUD and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to consistency with the qualitative, non-numeric, and non-dimensional elements of the DSG. Notwithstanding any other provisions of this SUD, the Planning Director may refer an application that proposes a Minor Modification of the DSG to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG, the SUD, the General Plan, or at the applicant’s request.

(B) Vertical Improvements and Project Open Space Seeking Major Modifications. If an application for Vertical Improvements or Project Open Space seeks Major Modifications, or if a design review application is otherwise referred to the Planning Commission under subsection (j)(5)(A), above, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting of the staff report on the design review application, or the Planning Director’s referral (as applicable), subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification or the Minor Modification submitted for review under this subsection (j)(5) (B). The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the design, including the granting of any Major Modifications or Minor Modifications in accordance with the standard of review established under this subsection.

(C) Notice of Hearings. Notice of Planning Commission hearings required under this SUD shall be provided in accordance with Planning Code Section 333.

(k) Building Permits. Planning Department review of building permit applications submitted to the Department of Building Inspection for Buildings and forwarded to the Planning Department for review shall be limited to the application’s consistency with the authorizations granted pursuant to this Section 249.9.

(l) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Vertical Improvement or Privately-Owned Community Improvement or Project Open Space in the SUD.

(m) Applicability of Mitigation Measures and Monitoring Report. Compliance with applicable provisions of the Mitigation Measures and Monitoring Report, as may be amended or updated from time to time, is a required condition for all development within the SUD whether the specific approval actions are discretionary or ministerial.

(n) Operative Date for the Variant Sub-Area. The zoning controls expressed in this SUD shall not become operative as to the Variant Sub-Area, as shown on Figure 249.9-8, or any portion thereof, until a Notice of Joinder to the Development Agreement approved by the Board of Supervisors in Board File No. 240410 has been recorded, or until the Variant Sub-Area, or any portion thereof, is conveyed to the Developer. Copies of the Development Agreement, including a form of the Notice of Joinder, and a legal description of the Variant Sub-Area are on file with the Clerk of the Board of Supervisors in Board File No. 240410.

Figure 249.9-8 Stonestown Variant Sub-Area

(Added by Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

SEC. 249.10. 600 TOWNSEND STREET WEST SPECIAL USE DISTRICT.

(a) Location. A special use district entitled the “600 Townsend Street West Special Use District” (“SUD”) consisting of Assessor’s Parcel Block No. 3783, Lot No. 008, is hereby established for the purposes set forth below. The boundaries of the SUD are designated on Sectional Map No. SU08 of the Zoning Map.

(b) Purpose. The purpose of this SUD is to allow the legalization of the longstanding office use at 600 Townsend Street West.

(c) Controls. The Planning Code shall control except as otherwise provided in this Section 249.10. If there is a conflict between other provisions of the Planning Code and this Section 249.10, this Section 249.10 shall prevail.

• (1) Uses.

• (A) Office Uses shall be principally permitted on all floors.

• (B) Section 803.9(e) (“Vertical Controls for Office Uses”) shall not apply.

(2) Development Controls. For any project that receives an Office Allocation pursuant to Section 321 after January 1, 2025, and proposes a change of use to Office within the building as it exists as of the effective date of this SUD, the following development controls shall apply. These controls shall also apply in the event the existing building is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy and is replaced with a substantially similar building.

(A) Open Space. The open space requirement for changes of use to Office within Eastern Neighborhood Mixed Use Districts in Section 135.5 shall be a maximum of 2,600 gross square feet.

• (B) Bicycle Parking. The requirement for Class 2 bicycle parking in Section 155 et seq. shall not apply. All other requirements of Section 155 et seq., including Class 1 bicycle parking, shall apply.

(C) Streetscape and Pedestrian Improvements. The streetscape and pedestrian improvement requirements in Section 138.1 shall not apply.

(D) Transportation Demand Management. The Transportation Demand Management plan and program requirement in Section 169 et seq. shall not apply.

• (3) Impact Fees.

(A) Projects that file a Development Application between January 1, 2025 and November 1, 2026 to establish an Office use pursuant to this Section 249.10 shall pay only the following Development Impact Fees under the Planning Code:

• (i) Child-care (Planning Code Section 414): $0.99 per gross square foot;

• (ii) Jobs-Housing Linkage Program (Planning Code Section 413): $7.94 per gross square foot; and

• (iii) Transportation Sustainability Fee (Planning Code Section 411A): $1.87 per gross square foot.

(B) The Development Impact Fee rates prescribed in this Section 249.10 include the 33% reduction available under Section 403 and shall not be offset by any further waiver or reduction.

(Added by Ord. 47-25, File No. 250125, App. 4/17/2025, Eff. 5/18/2025)

SEC. 249.11. 530 SANSOME MIXED-USE TOWER AND FIRE STATION SPECIAL USE DISTRICT.

(a) Purpose. A Special Use District entitled “530 Sansome Mixed-Use Tower and Fire Station Special Use District” (the SUD) is hereby established, the precise boundaries of which are shown on Sectional Map SU01 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the 530 Sansome Mixed-Use Tower and Fire Station 13 Development Project (the Project), which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 250698 (the Development Agreement). The Project will provide several benefits to the City, such as a new fire station, privately owned and maintained public street improvements, and affordable housing contributions paid to the City earlier than otherwise required by the Planning Code.

(b) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control in the SUD except as otherwise provided in this Section 249.11. If there is a conflict between other provisions of the Planning

Code and this Section 249.11, this Section 249.11 shall prevail.

(c) Relationship to the Development Agreement. This Section 249.11 shall be read and construed consistent with the Development Agreement, and all development within the Project Site that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect.

(d) Conditional Use. Notwithstanding otherwise applicable use, design, project authorization, or approval process requirements set forth for development projects in the underlying C-3-O zoning district, a development project within the SUD may be approved pursuant to the conditional use authorization provisions set forth in Section 304.8.

(e) Conditional Rescission of Landmark Designation for 447 Battery Street. The otherwise applicable procedures for rescinding an Article 10 landmark designation do not apply in the SUD. The Board of Supervisors rescinds the landmark status of the building at 447 Battery Street (Assessor’s Block 0206, Lot 002; “447 Battery Street”), which rescission shall be contingent and only effective upon the City acquiring fee title to 447 Battery Street. Upon the City acquiring such fee title, the City Attorney shall cause Landmark No. 299 in Appendix A to Planning Code Article 10 to be removed from the Planning Code. Except as required under the California Environmental Quality Act, any new legislation that would impose requirements for the historic preservation or rehabilitation of the buildings within the SUD existing as of the effective date of the ordinance in Board File No. 250697 creating the SUD shall not apply unless and until this Section 249.11(e) is amended accordingly or eliminated.

(Added by Ord. 197-25, File No. 250697, App. 10/27/2025, Eff. 11/27/2025, Oper. 11/27/25)

Editor’s Note:

Section 249.22 was originally designated 249.11 when enacted by Ord. 245-25, approved 12/12/2026 and effective 1/12/2026, and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.

SEC. 249.12. 1500 MISSION STREET SPECIAL USE DISTRICT.

(a) Purpose. There shall be a 1500 Mission Street Special Use District, which is comprised of Lots 006 and 007 in Assessor’s Block 3506, whose boundaries are designated on Zoning Map SU07 of the Zoning Map of the City and County of San Francisco. This district is intended to facilitate a transit-oriented, high-density, mixed-use residential project and a City and County of San Francisco office development. This area was identified in the Downtown Plan and the Market and Octavia Area Plan of the General Plan as an area to encourage housing adjacent to the downtown and government offices near other governmental functions in the Civic Center and City Hall.

(b) Use Controls. References to the 1500 Mission Street Special Use District in this subsection shall be as of the effective date of this Section 249.12.

(1) Ground Floor Uses. Public agency office space shall be permitted at the ground floor.

(2) Residential Affordable Housing Program. The provisions of Section 249.33(b)(3) of this Code shall apply within this Special Use District, except that the Affordable Housing Fee and the off-site housing alternative shall be equivalent to 27.5% of the number of units in the project, and the on-site percentage shall be 13.5% of the number of units in the project.

(3) Usable Open Space for Dwelling Units. Requirements for common usable open space pursuant to Section 135 may be met by providing one of the publicly-accessible types delineated in Section 249.33(b)(4).

(4) Obstructions over Streets and Usable Open Space. Overhead horizontal projections intended primarily to reduce ground level wind speeds which leave at least 7½ feet of headroom may extend over a street, common usable open space, sidewalk, or setback where the depth of any such projection is no greater than the headroom it leaves, and in no case is greater than 20 feet.

(5) Lot Coverage. The provisions of Section 249.33(b)(5) shall apply within this Special Use District.

(6) Floor Area Ratio. The maximum FAR allowed shall be that described in Section 123(c), provided that it shall not be greater than 9:1. Gross Floor Area shall have the meaning as defined in Section 102, and shall include all residential

uses, except for residential uses that are affordable units as defined in Section 401 and the affordable units’ proportional share of residential common areas and amenities. Floor Area Bonuses, as set forth in Section 249.33(b)(6)(B), shall apply within this Special Use District.

(7) Mid-Block Alley. An east-west mid-block pedestrian alley of not less than 25 feet in width shall extend from South Van Ness Avenue to the western main lobby entrance of the proposed City office building. Additionally, a northsouth alley of not less than 25 feet in width shall extend from Mission Street to the aforementioned east-west mid-block pedestrian alley. These two alleys shall be subject to the provisions of Section 270.2(e) through 270.2(i), except for subsections 270.2(e)(5) and 270.2(e)(14). Additionally, the Planning Director may waive or modify subsection 270.2(e)(9) in the case of documented exceptional circumstances and operational conditions relating to the unique nature of the City’s tenancy on the site. Other provisions of Section 270.2 shall not apply within this Special Use District.

(8) Off-Street Parking. To accommodate public agency fleet parking and short-term parking associated with a public-serving permit center, the maximum amount of off-street parking that may be provided within the proposed City office building shall be one space for each 3,000 gross square feet of floor area. Off-street parking within other buildings in this Special Use District may be used on a temporary or ongoing basis as additional accessory parking for the proposed public agency office space.

(9) Dwelling Unit Exposure. Provisions of Section 140(a)(1) shall apply within this Special Use District. The additional five horizontal feet of open space required at subsequent floors pursuant to Section 140(a)(2) shall be capped at 65 feet in every horizontal dimension.

(10) Access to Off-Street Parking and Loading. In consideration of City policy to restrict curb cuts and off-street parking and loading access on South Van Ness Avenue and Mission Street, the residential component and the City office component shall each be permitted to provide separate parking and loading ingress and egress openings on the 11th Street frontage of no greater than 24 feet in width each, in lieu of the limitations set forth in Sections 145.1(c)(2) and 155(s)(5). To the extent feasible as determined by the Planning Director, in consultation with the Director of Real Property, in order to facilitate the preservation of a portion of the 11th Street façade of the existing 1500 Mission Street building, enhance pedestrian conditions, and further activate 11th Street, a shared ingress (but not egress) to both the residential component and the City office component shall be provided to reduce the residential component opening to no greater than 12 feet in width.

(Added by Ord. 101-17, File No. 170348, App. 5/24/2017, Eff. 6/23/2017)

SEC. 249.13. GEARY BOULEVARD/DIVISADERO STREET SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Divisadero Street/Geary Boulevard Special Use District, consisting of Lots 5, 5A, 6, 7, 8, 9, 9A, 10, 11 and 12 of Assessor's Block 1079 is hereby established for the purposes set forth below. (b) Purposes. The following controls, imposed in the Geary Boulevard/Divisadero Street Special Use District, will advance the policies of the Commerce and Industry Element of the City's General Plan in that they will encourage the expansion of needed health services, yet manage such expansion ensuring the preservation and integrity of residential neighborhoods in the City, and will promote the provision of adequate health services to all geographical districts and cultural groups within the City.

(c) Controls. The specific controls set forth herein shall apply only to the development of out-patient facilities affiliated with and operated by a health maintenance organization solely for the benefit of its members. Any development which does not meet the purposes set forth herein shall be governed by the underlying zoning controls.

(1) Design Review By Planning Commission. An applicant submitting an application for a proposed development and use pursuant to this Section shall be required to submit an application for design review by the Planning Commission. The design review application may be submitted concurrently with or before a building permit application.

(2) Fees. In addition to the building permit review fee set forth in Section 352, the project sponsor shall pay a fee of fifteen thousand dollars ($15,000.00) per application to compensate the Planning Department for compliance with this

Section.

(3) Principal Permitted Uses. Ground floor uses shall be limited to those set forth for NC-3 Districts. Upper floor uses shall be limited to out-patient facilities, including physicians' offices needed to providing preventive health-care, and accessory administrative uses affiliated with and operated by a health maintenance organization, provided however that the accessory administrative use shall not occupy more than 15 percent of the floor area subject to the floor area ratio. For the purposes of interpreting "out-patient facilities" under this section, such facilities shall not be deemed an office use subject to the provisions of Sections 309 through 325 et seq .

(4) Basic Floor Area Ratio. The basic floor area ratio shall be six (6) to one (1). The definitions for Gross Floor Area and Occupied Floor Area in Section 102 of this Code shall be used for calculating the floor area ratio. In addition to the floor area excluded from the floor area ratio calculation set forth in the definitions for Gross Floor Area (Subsections (b) (1) through (14) inclusive), and Occupied Floor Area, dwelling units and other residential uses as defined in this Section 249.13 shall be exempted from the floor area calculation.

(5) Dwelling Unit Density and Residential Use. The dwelling unit density shall be governed by the underlying zoning classification as set forth in the Zoning Control Table for the district in which the lot is located. For the purposes of this section, residential use shall include rooms or beds used by out-patients receiving medical treatment at the health maintenance organization, including but not limited to patients receiving treatment at the AIDS infusion center, or receiving chemotherapy treatment, regardless of the length of stay of such out-patients.

(6) Height And Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 105-X.

(7) Rear Yards. The requirements of this Code applicable to rear yards and applicable to dwelling units or other residential use may be modified by the Planning Commission as part of the design review, if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of the abutting properties will not be adversely affected; (B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to the residents; and

(C) The access to light and air for abutting properties will not be significantly impeded.

(8) Required Setbacks. The Planning Commission may impose a side setback of up to 15 feet above the building height of 65 feet if it determines that this requirement is necessary to achieve a superior architectural design.

(9) Demolitions. Demolition of any building containing residential uses and any conversion from residential to nonresidential uses above the ground floor shall be permitted provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (The San Francisco Residential Rent Arbitration and Stabilization Ordinance) are met.

If the Commission determines, during its design review, that the public benefits to be gained do not outweigh the adverse impacts from the demolition of the residential units, the Commission may impose conditions to reduce such adverse impact. The conditions may require that the applicant pay to the City Controller the sum of one hundred thousand dollars ($100,000.00) to mitigate the loss of housing units. Said amount paid to the City shall thereafter be used exclusively for the development of housing affordable to individuals or households with income not to exceed 80 percent of the median income of the San Francisco Standard Metropolitan Areas as defined by HUD.

(10) Parking. One (1) off-street parking space for every 500 square feet of occupied floor area of out-patient facility space and accessory use space shall be provided. The provisions of Section 151.1 of this Code shall govern off-street parking requirements for all other allowable uses in this Special Use District. The Planning Commission may reduce the off-street parking requirement if it finds that all or part of the off-street parking requirement is provided by existing offstreet parking serving the health maintenance organization, and that such off-street parking is located within one block of the Special Use District.

(11) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals within fifteen (15) days after action by the Planning Commission on the design review application. The procedure for appeal shall be as described in Section 308.2. The decision of the Planning Commission, or that of the Board of Appeals on appeal shall

constitute a final determination on all land use and Planning Code issues, except for review by a court of competent jurisdiction. Review by the Board of Appeals on the issuance of a building or site permit for a proposed structure for this Special Use District shall be limited to issues arising out of the San Francisco Building Code, Health Code and Fire Code. (Added by Proposition K, 11/3/92; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 24525, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (b), (c)(4), (c)(5), and (c)(11) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(10) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.14. THIRD STREET SPECIAL USE DISTRICT.

(a) Purpose. There shall be a special use district known as the Third Street Special Use District, as designated on Sectional Map No. SU10 of the Zoning Map of the City and County of San Francisco, encompassing the commercially and industrially zoned property fronting Third Street from Cesar Chavez Street to Meade Avenue. The purpose of this special use district is to enhance the social and economic vitality of Third Street as the primary neighborhood commercial district for the Bayview Hunters Points area and encourage a healthier mix of essential neighborhood-serving retail uses and by allowing for drive-up facilities as a conditional use.

• (b) Controls.

(1) A Restaurant or a Limited Restaurant, as defined in Section 102 of this Code, may have a drive-up facility only with conditional use authorization by the Planning Commission. In addition to the conditional use criteria set forth in Section 303, the Commission shall find that:

(A) The restaurant does not form a part of any continuous retail frontage (defined for purposes of this Subsection as two or more buildings which contain commercial uses and which have a continuous façade line at street level unbroken by any driveway, alley or walkway having a width greater than five feet;

• (B) The restaurant is located on a lot that:

• (i) Adjoins three city streets,

• (ii) Is not within 500 foot walking distance of an elementary or secondary school; and

• (C) The restaurant has sufficient off-street queuing space for at least eight cars and has off-street parking as required in Article 1.5 of this Code; and

(D) The proposed building massing and site planning is designed to complement the urban character of the street and respect pedestrian access along Third Street; and

(E) To the extent feasible, the project provides for additional residential development and/or other land use activities on the site.

(Added by Ord. 349-95, App. 11/3/95; amended by Ord. 67-03, File No. 021338, App. 4/18/2003; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a) and (b)(1) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 249.15. MISSION AND 9TH STREET SPECIAL USE DISTRICT.

(a) In order to provide for a mixed use development project on the Mission Street transit corridor in which 100% of Dwelling Units are affordable to low-income households, that exceeds the 120-X height limit, and that requires certain modifications to the otherwise applicable requirements for open space, exposure and floor area ratio, there shall be a Mission and 9th Street Special Use District (SUD) at 1270 Mission Street located at Lots 20 and 21 of Assessor’s Block

3701, as designated on Sectional Map SU07 of the Zoning Map. The exceptions to the applicable height, open space, floor area ratio, and exposure requirements set forth below, the rezoning of the applicable height district set forth in the ordinance in Board File No. 251250 creating this Section 249.15, and the resulting increased number of Dwelling Units

allowed by the SUD, shall be considered forms of assistance specified in Chapter 4.3 of the California Government Code and shall not be combined with additional density or concessions, waivers, or other modifications to development standards pursuant to any state or local law.

(b) Controls. All provisions of the Planning Code applicable to a C-3-G District shall apply except as otherwise provided in this Section 249.15(b).

(1) Height Exception for 100% Affordable Housing Projects. A 100% Affordable Housing Project, defined as any project where the principal Use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “lower income households,” as defined in California Health & Safety Code Section 50079.5, may exceed a height of 120 feet, up to the applicable height limit set forth in the Zoning Map.

(2) Open Space for Dwelling Units. In a 100% Affordable Housing Project, as defined in subsection (b)(1), up to 40% of the usable open space required by Section 135 may be provided off-site, but shall be located within the SUD or within 900 feet of the boundaries of the SUD. Open space must be of one or more of the following types:

• (A) An unenclosed plaza at street grade, with seating areas and landscaping;

• (B) A terrace or roof garden with landscaping;

• (C) Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width, such as sidewalk widening or building setbacks; or

(D) Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by the Planning Code or other parts of the Municipal Code.

(3) Floor Area Ratio. In a 100% Affordable Housing Project, as defined in subsection (b)(1), the floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Residential Uses as defined in Section 102. For all other projects, applicable floor area ratio limits shall apply.

(4) Exposure. In a 100% Affordable Housing Project, as defined in subsection (b)(1), Dwelling Unit exposure requirements of Section 140 shall not apply.

(c) As long as the Planning Commission has delegated its authority to the Planning Director, the Planning Director is authorized to approve only those modifications to Commission Motion No. 19768 necessary to permit construction of a 100% Affordable Housing Project as defined in subsection (b)(1), including modifications to: (1) references to the number and affordability levels of any affordable units; and (2) conditions of approval inapplicable to 100% affordable housing projects under the Planning Code.

(d) This Section 249.15 shall expire by operation of law five years after its effective date unless a project described in subsection (a) has been issued a site permit on or before that date, or the Board of Supervisors, on or before that date, extends that date. Upon expiration of this Section, the City Attorney is authorized to cause this Section 249.15 to be removed from the Planning Code.

(Added by Ord. 4-17, File No. 161067, App. 1/20/2017, Eff. 2/19/2017; amended by Ord. 45-26, File No. 251250, App. 3/26/2026, Eff. 4/26/2026)

(Former Sec. 249.15 added by Ord. 349-95, App. 11/3/95; repealed by Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

AMENDMENT HISTORY

Section amended in full; Ord. 45-26, Eff. 4/26/2026.

SEC. 249.16. OAKDALE AVENUE AND QUINT STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide affordable rental housing opportunities for low-income households for elderly or disabled persons there shall be an Oakdale Avenue and Quint Street Affordable Housing Special Use District, consisting of Lots 14 and 15

in Assessor's Block 5320, a rectangular parcel beginning at the southeasterly corner of Oakdale Avenue and Quint Street, thence easterly 50 feet along the southerly line of Oakdale Avenue for a uniform depth of 92.50 feet, as designated on Sectional Map No. SU10 of the Zoning Map. The following provisions shall apply within such special use district.

(a) Any developer of housing who agrees to construct at least 50 percent of the total units of a housing development for elderly or disabled persons or families of low or moderate income shall be entitled to a density double that otherwise permitted for the subject property. "Persons or families of low or moderate income" shall be as defined in Sections 50079.5, 50093 and 50105 of the Health and Safety Code.

(b) In this district all of the provisions of the City Planning Code for residential development shall continue to apply, including setback, rear yard, open space, height and bulk, and off-street parking standards.

(c) The controls of this Section shall remain in effect until December 31, 1999. (Added by Ord. 122-96, App. 3/28/96)

SEC. 249.17. THIRD STREET AND ARMSTRONG AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide for affordable rental opportunities for very low, lower and/or moderate income households, there shall be a Third Street and Armstrong Avenue Affordable Housing Special Use District, consisting of Lot 6 of Assessor's Block 5419, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct at least (1) 20 percent of the total units of a housing development for lower income households or (2) 10 percent of the total units of a housing development for very low income households, shall be entitled to a density bonus upon approval by the City Planning Commission as a conditional use under Section 303 of this Code.

• (b) For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of 43 percent over the number of dwelling units otherwise

permitted in the district. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units.

• (2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of low or very low income.

• (3) "Housing development" shall mean five or more dwelling units.

• (4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.

• (5) "Very low income households" is defined in Section 50105 of the Health and Safety Code.

(c) In this district all of the provisions of this Code applicable to residential development in an M-1 Zoning District shall continue to apply, including the requirement that conditional use authorization be obtained to permit residential development, except as specifically provided in Subsection (d).

(d) In this special use district a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval for a housing development subject to this Section may modify or grant the following modifications or exceptions to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code:

• (1) A modification of off-street parking requirements of Section 151.1 of this Code to allow the total number of onsite parking spaces to exceed 150 percent of the Code-required number of parking spaces;

• (2) A modification of the rear yard requirements of Section 134 of this Code to substitute at a minimum an equivalent amount of open space situated anywhere within this special use district.

• (e) The controls of this Section shall remain in effect until December 31, 2002.

(Added by Ord. 395-96, App. 10/21/96; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY Division (d)(1) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.18. NORTHEAST CHINA BASIN SPECIAL USE DISTRICT.

A Special Use District entitled the "Northeast China Basin Special Use District," the boundaries of which are shown on the Zoning Map, is hereby established for the purposes set forth below. The following provisions shall apply within the Northeast China Basin Special Use District:

(a) Purposes. In order to accommodate the development of an open-air ballpark for major league baseball with a maximum of 45,000 seats with related commercial uses, including, but not limited to, general office, shops and other retail, restaurants, live music performances and other forms of live entertainment, in a setting of waterfront public spaces in an area that:

(1) Will enhance public enjoyment of the San Francisco Bay by bringing many people of all ages to a place of public assembly and recreation adjacent to the shoreline;

(2) Will be close to downtown and within walking distance of many thousands of workers, shoppers, visitors and residents;

(3) Will be conveniently served by public transit, including an extension of Muni Metro service from Market Street to the ballpark and beyond, with convenient transfer from and to BART, Muni bus and trolley lines, Caltrain services from the Peninsula to a station near the site, and potential ferry service from various north and east bay points to the ballpark site;

(4) Will be conveniently served by the broad South of Market street grid, a new 150-foot wide King Street Boulevard in front of the ballpark and easy access to the 101 and I-280 freeways;

(5) Will have access to approximately 5,000 off-site parking spaces near the ballpark during the first five years, with possible renewal options;

(6) Will have convenient access to a sizable pool of existing and proposed on- and off-street parking which can be made available in the evening and on weekends; and, further, in order to assure that the ballpark is attractively designed and will be a visual asset to the City, there shall be a Northeast China Basin Special Use District. (b) Controls.

(1) General. The provisions of the M-2 use district established by Section 201 of this Code shall prevail except as provided in subsections(b)(2) through (4) below.

(2) Conditional Uses. An open-air ballpark with a maximum seating capacity of 45,000, Sports Stadium as defined in Section 102 of this Code, with associated parking, and various uses accessory to or related to ballpark and assembly and entertainment uses, including sports clubs, restaurants, and retail shops, shall all be permitted as Conditional Uses.

(3) Parking. In recognition of the public transit anticipated to be available to serve a ballpark in the proposed location, in recognition of the large supply of parking in the vicinity, much of which can be made available for ballpark use in the evening and on weekends, and in recognition of the availability of approximately 5,000 off-site parking spaces near the ballpark during the first five years of the ballpark’s operation, there shall be no minimum requirement for offstreet parking spaces for the Uses permitted in the Northeast China Basin Special Use District.

(4) Architectural Design. In recognition of the prominence of the location and vital importance of the uses described in Subsection (b)(2) above, such uses shall be subject to conditional use review and approval by the Planning Commission. A conditional use may be authorized by the Planning Commission if the facts presented are such to establish that the architectural design of the structure is appropriate for its intended use, location and civic purpose. This criterion shall be in lieu of the criteria set forth in Section 303(c)(1) through (4) of this Code.

(Added by Proposition B, 3/26/96; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 31118, File No. 181028, App. 12/21/2018, Eff. 1/21/2019)

AMENDMENT HISTORY

Division (b)(2) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1)-(3) amended; Ord. 311-18, Eff. 1/21/2019.

SEC. 249.19. NEW ASIA SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.

(a) Purpose. The New Asia Senior Affordable Housing Special Use District is intended to facilitate the rebuilding and reuse of property located at 758 and 772 Pacific Avenue, Assessor’s Block 0161, lots 14 and 15, for 100% affordable housing for seniors.

(b) Location. The boundaries of the New Asia Senior Housing Special Use District are shown on Special Use District Map SU01 of the Zoning Map.

(c) Controls. Except as stated in subsection (d), all the applicable provisions of the Planning Code shall apply, including a height limit of 65 feet, as shown on Height and Bulk District Map HT01 of the Zoning Map of the City and County of San Francisco.

(d) Height Exception for Certain 100% Affordable Housing Projects. A project that meets all of the following criteria shall be exempt from the 65-N height and bulk limit set forth in Section 250:

(1) Includes Residential Units, all of which are Affordable Units, as defined in Section 401, and occupied by at least one person 62 years of age or older;

(2) Includes an Institutional Community Use and/or a Commercial Use on the ground floor; and,

(3) Does not exceed a height of 155 feet, as measured by Section 260(a), but not including any exemptions set forth in Section 260(b). The preceding height limitation shall be inclusive of any additional height permissible under any state or local density bonus program that requires or permits increases in height, including Planning Code Section 206.6 and State Density Bonus Law, California Government Code Section 65915 et seq.

(Added by Ord. 256-24, File No. 240727, App. 11/14/2024, Eff. 12/15/2024)

(Former Sec. 249.19 added by Proposition F, 6/3/97; repealed by Proposition G, 6/3/2008)

SEC. 249.20. GEARY-MASONIC SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Geary-Masonic Special Use District (“District”), the boundaries of which are shown on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out helow.

(b) Purpose. In order to provide for a mixed use development project with ground floor retail, and a combination of very low income, low-income, moderate-income, middle-income, and market rate residential units, at densities higher than what otherwise would be permitted in the NC-3 zoning district and 80 foot height district, in an area well-served by transit, there shall be a Geary-Masonic Special Use District consisting of Assessor’s Block 1071, Lot 003 as designated on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco.

(c) Development Controls. Applicable provisions of the Planning Code for NCT-3 Districts as set forth in Section 752 shall apply within this Special Use District, except for the following:

(1) Use Size. Non-residential uses 3000 square feet and above shall require a conditional use under Section 121.2. Uses more than 6000 square feet in size are not permitted.

(2) Accessory Vehicle Parking. No minimum off-street parking shall be required for any use in this Special Use District. No parking shall be permitted above .5 cars for each Dwelling Unit.

(3) Car-sharing. Notwithstanding the provisions of section 166, no less than 25% of parking spaces provided shall

be an off-street car-share parking space and shall be provided on the building site. Except as expressly provided herein, all other provisions of section 166 shall apply.

• (4) Parking and Loading Access. Parking and Loading access from Masonic Avenue is not permitted.

(5) Dwelling Unit Mix. The project 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 project are provided in units with more than one bedroom.

(6) Ground Floor Non-Residential Height. Notwithstanding Section 145.1(c)(4), non-residential uses on the ground floor shall have a minimum floor-to-floor height of 12 feet, measured from the ground floor slab.

(d) Inclusionary Housing. Compliance with Section 415 et seq. shall be by payment of the affordable housing fee, or provision of on-site units, as follows:

(1) Affordable Housing Fee. Payment of the Affordable Housing Fee pursuant to Section 415.5 and subject to the following provisions:

(A) For a project providing Owned Units, the applicable percentage shall be 33% of the Gross Floor Area of residential use.

(B) For a project providing Rental Units, the applicable percentage shall be 30% of the Gross Floor Area of residential use.

(C) Use of Fees. Fees shall be payable to the Development Fee Collection Unit at DBI for deposit into the Citywide Affordable Housing Fund. MOHCD shall designate and separately account for all fees that it receives under this subsection (d)(1). The funds shall be used exclusively to acquire and construct a 100% affordable housing project on a site located within one and one-half mile of the boundaries of the SUD. If such funds have not been allocated for the acquisition or predevelopment of a project on a site within one and one-half mile of the boundaries of the SUD within five years of deposit into the Citywide Affordable Housing Fund, such funds may be used anywhere in the City and for any size project 1

(2) On-Site Inclusionary Units. On-site Units pursuant to Section 415.6 in the following amounts and income levels:

(A) In a rental project, at least 10% of units must be affordable to very low-income households, at least 4% must be affordable to low-income households, at least 4% must be affordable to moderate-income households and at least 5% must be affordable to middle-income households. For purposes of this section, rental units for very low-income households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for very low-income units. For purposes of this section, rental units for low-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning up from 65% to 90% of Area Median Income eligible to apply for low-income units. For purposes of this section, rental units for moderate-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 120% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, rental units for middle-income households shall have an affordable rent set at 120% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for middle-income units. For any affordable units with rental rates set at 110% of Area Median Income or above, the units shall have a minimum occupancy of two persons.

(B) In an ownership project, at least 11% of units must be affordable to very low-income households, at least 5% must be affordable to low-income households, at least 5% must be affordable to moderate income households and at least 5% must be affordable to middle-income households. For purposes of this section, ownership units for very low-income households shall have an affordable sales price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for very low-income units. For purposes of this section, ownership units for low-income households shall have an affordable sales price set at 105% of Area Median Income or less, with households earning up from 95% to 120% of Area Median Income eligible to apply for low-income units. For purposes of this section, ownership units for moderate-income households shall have an affordable sales price set at 130% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, ownership units for middle-income households shall have an affordable sales price set at 150% of Area Median Income or less, with households earning from 140% to 160% of Area

Median Income eligible to apply for middle-income units. For any affordable units with sales prices set at 130% of Area Median Income or above, the units shall have a minimum occupancy of two persons.

(3) The grandfathering provisions in Section 415.3(b) shall not apply. Except as expressly provided in this subsection (d), all other provisions of Section 415 shall apply.

(Added by Ord. 45-18, File No. 161109, App. 3/16/2018, Eff. 4/16/2018; amended by Ord. 70-20, File No. 191002, App. 5/1/2020, Eff. 6/1/2020; Ord. 174-21, File No. 200519, App. 10/29/2021, Eff. 11/29/2021)

(Former Sec. 249.20 added by Ord. 472-97, App. 12/23/97; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (c)(2) and (d) amended; divisions (c)(6) and (d)(1)- (d)(2) added; former divisions (d)(1) and (d)(2) redesignated as (d)(2)(A) and (d)(2)(B); Ord. 70-20, Eff. 6/1/2020; Ord. 174-21, Eff. 11/29/2021. CODIFICATION NOTE

1. So in Ord. 174-21.

SEC. 249.21. CALIFORNIA STREET AND PRESIDIO AVENUE - COMMUNITY CENTER SPECIAL USE DISTRICT.

A Special Use District entitled the "California Street and Presidio Avenue - Community Center Special Use District" (also referred to as the "California-Presidio Special Use District") the boundaries of which are shown on Sectional Map No. SU03 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below.

(a) Purposes. The purpose of this Special Use District is to provide for the development of a Community Facility, Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility or a Residential Care Facility on a site that is currently split-zoned, which will serve both the immediate neighborhood and the larger San Francisco community, with related educational, cultural, social and recreational uses, including, but not limited to, retail sales, eating and drinking facilities and parking.

(b) Controls. All provisions of the Planning Code currently applicable to the RM-1 District and Sacramento Street Neighborhood Commercial District ("Sacramento NCD") portions of the California-Presidio Special Use District shall continue to apply to those portions of the site, except as otherwise provided in this Section 249.21.

(1) Permitted Uses. The following uses (including, without limitation, all uses which are principal permitted uses in RM-1 and Sacramento NCD Districts) shall be permitted as principal uses in this Special Use District:

Community Facility, Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility or a Residential Care Facility, which may include, but are not limited to, theatre, auditorium, performance, and meeting space, classrooms, art activities, including but not limited to, dance and music studios, health club, fitness center and related uses, including, but not limited to, aerobics and cardiovascular areas, gymnasium, pools, spa and other uses incidental thereto, social services, youth and day camp, teen programs, 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), Arts Activities, Nighttime Entertainment, on-site catering, childcare, retail, roof top recreation (including, but not limited to, basketball courts, play structures and other related uses), rooftop garden and parking. Such uses shall not be limited by story and may serve both the immediate neighborhood and the larger San Francisco community. The permitted hours of operation of commercial establishments shall be from 5 a.m. to 12 a.m.; any extended hours will require conditional use authorization pursuant to Subsection (b)(2) hereunder.

(2) Conditional Uses. The Planning Commission may authorize the following uses within the California-Presidio Special Use District as a conditional use in accordance with the requirements of Section 303 of this Code:

(A) Any principally permitted use under Subsection (b)(1) above where the total floor area exceeds 130,000 gross square feet of floor area, excluding all parking and loading areas, including driveways and maneuvering areas incidental

thereto, located entirely below curb level at the center line of the building along its California Street frontage.

(B) Any use not authorized as a principal permitted use in Subsection (b)(1) which is allowed as a conditional use in either the RM-1 or Sacramento NCD Districts.

(3) Conditional Use and Architectural Design Review by Planning Commission. Any application for any new structure, or significant enlargement of any existing structure to house a use permitted within the California-Presidio Special Use District shall be subject to conditional use review and approval by the Planning Commission in accordance with the requirements in this Subsection (b)(3). The Planning Commission shall approve such application if it finds that the proposed project:

(A) Meets the height, bulk, floor area limitation, parking standards and other standards or requirements of the California-Presidio Special Use District set forth below,

(B) Is consistent with the Priority Policies set forth in Planning Code Section 101.1, and

(C) With respect to the architectural design that:

(i) The mass and façade of the proposed structure are compatible with the existing scale of the underlying RM-1 and Sacramento NCD Districts,

(ii) The façade of the proposed structure is compatible with design features of other non-residential façades and contributes to the positive visual quality of the underlying RM-1 and Sacramento NCD Districts,

(iii) The treatment of screening, service areas, lighting and general signage program is compatible with nonresidential buildings in the area or with the design and purposes of the proposed project, and

(iv) The building is designed in discrete elements which respect the scale of development in the neighborhood. The criteria in this Subsection (b)(3) shall be in lieu of the criteria set forth in Sections 303(c), Section 121.1 (Development of Large Lots, Neighborhood Commercial Districts) and Section 121.2 (Use Size Limits (Non-Residential), Neighborhood Commercial Districts) and Section 253 (Review of Proposed Buildings and Structures Exceeding a Height of 40 Feet in R Districts) of this Code. In making determinations on applications for conditional use authorization within the California-Presidio Special Use District, the Planning Commission shall consider the purposes set forth in Subsection (a) above, in addition to any other criteria to be applied hereunder.

(4) Floor Area Ratio. The floor area ratio limit shall be 2.5 to 1, provided, however, that the limit shall not apply to floor area used for off-street parking and loading and for driveways and maneuvering areas incidental thereto, where such parking and loading is located entirely below curb level as measured from the property line at the center point of the building along its California Street frontage.

(5) Height and Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 65-X.

(6) Required Setbacks - Site Coverage. The provisions of Sections 132, 134, and 136 of this Code governing setbacks shall not apply.

(7) Parking. The off-street parking requirement may be modified by the Planning Commission pursuant to the procedures for granting Conditional Use authorization set forth in Section 303 of this Code. In acting upon any application for a modification of parking requirements the Planning Commission shall consider the criteria set forth below in lieu of the criteria set forth in Section 303, or elsewhere in the Code, and shall grant the modification if it finds that:

(A) Modification of the parking requirement is justified by the reasonable anticipated auto usage by visitors of the project, including, without limitation, taking into consideration appropriate link factors due to multiple uses of programs and facilities, the normal hours of operation of such uses, programs and facilities and other factors applicable to the proposed uses; or

(B) Modification of the parking requirement will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity of the project. In making such finding, the Planning Commission may, among other things, take into consideration (i) the proposed project's net effect on parking demand as compared to the parking demand that is not currently being met because of the absence of off-street parking associated with existing uses, and (ii) whether the parking proposed for the project will decrease the deficiency that currently exists with respect to the parking that would normally be required under the Planning Code for the existing structures and uses.

Notwithstanding any other provisions of the Planning Code, parking may be made available to nearby residents, businesses and the general public for use as short-term or evening parking when not utilized by the uses authorized hereunder to which such parking is otherwise accessory.

(8) Demolitions. The demolition of all buildings in this California-Presidio Special Use District containing residential uses shall be authorized pursuant to the procedures for granting authorization set forth in Section 303 of this Code, provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (the San Francisco Residential Rent Stabilization and Arbitration Ordinance) are met. In considering whether to grant a conditional use permit for demolition, in lieu of the criteria set forth in Section 303, consideration shall be given to:

(A) The purposes of this California-Presidio Special Use District set forth in Subsection (a), above;

(B) The adverse impact on the public health, safety and welfare due to the loss of existing housing stock in the underlying RM-1 and Sacramento NCD Districts, and

(C) The hardship to the applicant if the permit is denied or a particular mitigation or condition is required. Conditional Use authorization for demolition of the building at 3272 California Street shall be subject to such conditions, if any, as the Planning Commission may reasonably require.

(9) Signs. Except as provided herein, signage shall be regulated as provided in Article 6 of this Code, subject to review in accordance with the criteria set forth in Subsection (b)(3) herein.

(A) Signs for Businesses or Other Authorized Uses.

(i) Window Signs. Window signs shall be permitted. The total area of all window signs shall not exceed 1/3 the area of the window on or in which the signs are located. Such signs may be non-illuminated, indirectly illuminated or directly illuminated.

(ii) Wall Signs. One wall sign per business or authorized use which fronts and opens on the street is permitted, provided that for a business or authorized use located at the street intersection that fronts on two streets two wall signs shall be permitted. The area of a wall sign shall not exceed 50 square feet and the height of the wall sign shall not exceed 20 feet. The wall sign may be non-illuminated, indirectly illuminated or directly illuminated.

use which fronts and opens on the street is permitted, provided that for a business or authorized use located at the street intersection that fronts on two streets two wall signs shall be permitted. The area of a wall sign shall not exceed 50 square feet and the height of the wall sign shall not exceed 20 feet. The wall sign may be non-illuminated, indirectly illuminated or directly illuminated.

(iii) Projecting Signs. One projecting sign per business or authorized use that fronts and opens on the street is permitted, provided that for a business or use located at the street intersection that fronts on two streets two signs shall be permitted. In no case shall more than five such projecting signs be permitted within this California-Presidio Special Use District. The area of the projecting signs shall not exceed 32 square feet and the height shall not exceed 30 feet. Projecting signs may be non-illuminated, indirectly illuminated, or directly illuminated.

(iv) Signs on Awnings. One awning or marquee per business or authorized use which fronts and opens on the street shall be permitted, provided that for a business or use located at a street intersection which fronts on two streets two awnings or marquees may be permitted. The area of the sign copy on such marquee shall not exceed 40 square feet and may be non-illuminated or indirectly illuminated.

Only one wall sign, awning sign, or projecting sign as described in this Subsection is permitted for each business or authorized use fronting on a street, provided that for a business or use at the intersection fronting on two streets, any two of such signs is permitted.

(B) Projecting Signs (Banner Type). Up to four banner-type projecting signs adjacent to the main entrance are permitted. The area of these projecting signs shall not exceed 32 square feet and the height shall not exceed 50 feet. Such signs shall be non-illuminated or indirectly illuminated non-fluttering fixed banner types (principally used to celebrate holidays or announce events).

(C) Identifying Sign. One project name identifying sign above the main entrance to the building shall be permitted and the area of the identifying sign shall not exceed 200 square feet and 40 feet in height. The identifying sign may be non-illuminated or indirectly illuminated.

(D) Directly Illuminated Wall Sign. A directly illuminated digitally programmable sign or signs attached to the building façade at or around the corner of the building at California Street and Presidio Avenue to display announcements

about community center events, programs and related matters consistent with the purposes and uses of the project is permitted.

Unless otherwise provided, signs described in this Section shall not exceed 100 square feet. (Added by Ord. 293-00, File No. 001759, App. 12/22/2000; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Introductory paragraph and divisions (a) and (b)(1) amended; subdivision designations amended throughout division (b); Ord. 22-15, Eff. 3/22/2015.

SEC. 249.22. NON-CONTIGUOUS SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY SITES SPECIAL USE DISTRICT.

(a) Purpose. There shall be a non-contiguous Special Use District (“SUD”) for sites owned by the City and County of San Francisco and under the jurisdiction of the San Francisco Municipal Transportation Agency (SFMTA) to enable SFMTA to use the sites for transportation and other Public uses as well as uses permitted by the underlying zoning district. This SUD also enables mixed-use residential development with characteristics not accommodated by underlying zoning. (b) Applicability. The provisions in this Section 249.22 shall apply to the following Assessor’s Block/Lots: 0019/001; 0490/009, 010, 011, 012, 013; 0635/009, 009A; 0669/012; 1072/001; 1439/035, 036, 045, 048, 049; 1440/028, 029, 030; 1453/020; 1526/002, 028, 028A; 1596/044, 045; 1730/050; 1763/044; 2647/034, 017; 2864/050; 2979A/002, 034; 2988A/007; 3582/087; 6507/023; 6972/036; 7225/013; 7226/016. Notwithstanding Planning Code Section 206.10, which prohibits projects within SUDs that implement Development Agreements from using the HC-SF Program, residential development projects within this SUD may use the HC-SF Program even when such development is associated with a Development Agreement, Project Agreement or other similar agreement.

(c) General Controls.

(1) Permitted Uses. In addition to any uses permitted by the zoning district in which the lot is located, uses permitted under Section 211.1 shall be principally permitted and uses conditionally permitted under 211.2 shall be conditionally permitted. Where there is a conflict between land use controls in the underlying zoning district and those in Sections 211.1 or 211.2, the more permissive control shall apply.

(2) Residential Density. Maximum residential density limits or Floor Area Ratio limits shall not apply to Residential Uses in the SUD. Form Based density shall apply to Residential Uses in the SUD.

(3) Measurement of Height. Notwithstanding Planning Code Section 260(a) regarding Method of Measurement, the height of a structure containing a Public Facility may be measured from the centerline of such structure along any frontage for that structure’s entire depth.

(4) Bulk and Lot Coverage. For Development projects that are in height districts that allow heights of 400 feet or greater, and are using the HC-SF Program in Section 206.10, the following bulk controls and lot coverage provisions shall apply:

(A) Notwithstanding Sections 270(i)(1)(A)(i) and 270(i)(1)(B)(i) no setbacks are required for interior property lines abutting lots with a Public Facility.

(B) Below a height of 85 feet, no rear yard or lot coverage limits shall apply. For portions of a building between 85 feet in height and 120 feet in height, the bulk controls of Section 270(i) shall not apply; rather, for a lot that does not include a Public Facility, the lot coverage shall be limited to 60% of the lot area.

(C) For portions of a building above 120 feet in height (herein “above the podium”), building mass may be provided in up to two towers that meet the bulk limits of Section 270(i)(1). However, the following exceptions to Section 270(i)(1) shall apply:

(i) Tower separation may be reduced to not less than 50 feet if the height of the shorter tower above the podium is no taller than one-half the height of the taller tower above the podium.

• (ii) A tower’s average floorplate above the podium shall be no larger than 14,000 square feet.

(iii) If there are two towers, one of the towers shall not be taller than 360 feet.

(iv) The combined maximum gross floor area of two towers, measured for floors between 120 feet and 360 feet in height shall be limited to 576,000 square feet.

(v) The average floorplate for the top 1/3 portion of a tower above the podium shall be reduced in square footage by 10% from the average floorplate of the lower 2/3 portion of the tower, and the allowed maximum dimensions in Section 270(i)(B) for such top 1/3 portion of the tower shall be reduced by 5% from the lower 2/3 portion of the tower. (vi) The standards in this subsection (c)(4)(C) are not eligible for the reduction or modification of standards in Section 206.10(d)(1)(M).

(5) Open Space. Section 135 shall apply, except as follows:

(A) On-Site Publicly Accessible Usable Open Space. The usable open space requirement may be met for projects subject to the SUD with on-site publicly accessible usable open space, including open space otherwise required by Planning Code Section 270.3. When on-site publicly accessible usable open space is provided, the maintenance, information plaque, and liability provisions of Section 270.3(e) shall apply.

(B) Off-Site Publicly Accessible Usable Open Space. When additional off-site improvements are made to meet the usable open space requirement, including improvements on adjacent sidewalks and public rights-of-way, such open space improvements shall comply with all applicable regulations of the San Francisco Municipal Transportation Agency, San Francisco Art Commission, the Department of Public Works, the Bureau of Light, Heat and Power of the Public Utility Commission, or any other public agency, as applicable. The property owner shall maintain all such improvements and meet the liability provisions of Section 270.3(e) for the life of the project.

(6) Development Impact Fees. For a development project on land subject to the SUD:

(A) With the recommendation of the SFMTA Board of Directors, the Board of Supervisors may waive all or a portion of any applicable Transportation Sustainability Fee under Section 411A, and all or a portion of any applicable Jobs-Housing Linkage Program requirements under Section 413.

(B) The provisions of Section 415 et seq. , as amended or replaced from time to time, shall apply. Notwithstanding Section 415.6(h)(1), a development project may receive development subsidies if the development provides the same number of on-site affordable units as required by the applicable on-site affordable housing requirement in Section 415 et seq. , or any temporary reduction as set forth in Sections 415A et seq. or 415B et seq. , plus an additional number of on-site affordable units equal to 25% of the applicable on-site affordable units. Additional units shall be provided as affordable to households at or below 80% of Area Median Income. Any units required to be affordable to middle- or moderate-income households under Sections 415.6(a), 415A, or 415B, as applicable, or this subsection 249.22(c)(6)(B), may instead be affordable to moderate- or low-income households. Notwithstanding Section 415.6(f)(1), the moderate and low income units may be located anywhere in the project.

(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) (Former Sec. 249.22 added by Ord. 5-02, File No. 011638, App. 1/25/2002; repealed by Ord. 215-22, File No. 220041, App. 10/28/2022, Eff. 11/28/2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AMENDMENT HISTORY

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

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

SEC. 249.24. HAIGHT STREET SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide for affordable housing for very low and low-income seniors, there shall be a Haight Street Senior Affordable Housing Special Use District, consisting of Lots 11 and 14 of Assessor's Block 1234, as designated on Sectional Map 7SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct at least (i) 20 percent of the total units of a housing development for lower-income households, or (ii) 10 percent of the total units of a housing development for very low-income

households, or (iii) at least 50 percent of the total dwelling units of a housing development for occupancy by at least one person 62 years of age or older shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.

• (b) For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of six (6) dwelling units over the number of dwelling units otherwise permitted for the subject property. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units.

(2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of lower or very low income or occupied by at least one person 62 years of age or older.

• (3) "Housing development" shall mean thirty-four (34) or more dwelling units.

• (4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.

• (5) "Very low income households" is defined in Section 50105 of the Health and Safety Code.

(c) In this special use district, all applicable provisions of the Planning Code shall continue to apply, except as otherwise provided in this Section 249.24.

(d) In this special use district, a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the goal of creating affordable senior housing. A conditional use approval for a development subject to this section may modify or grant the following modifications to or exceptions from otherwise applicable requirements of this Code, if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 303(c) of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable senior housing.

(1) A modification of or exception to the rear yard requirements of Section 134 of this Code to reduce the rear yard setback to no less than approximately 3 feet 7 inches or such other amount as provided by the current building footprint;

(2) A modification of or exception to the dwelling unit exposure requirements of Section 140 of this Code to provide that the required windows specified in Section 140 may face a public alley, public street or side yard which is less than 25 feet in width, as provided by the current building footprint;

(3) A modification of or exception to the parking requirements of Section 151.1 of this Code to provide one parking space for each 10 dwelling units;

(4) A modification of or exception to the height limitations of Section 260(b)(1)(B) of this Code to permit an average building height of approximately 60 feet based on the slope of the property within this special use district, or such other height as provided by the current building height;

(5) A modification of or exception to the open space requirements of Section 135 of this Code to reduce the open space requirements for 40 dwelling units to approximately 820 square feet.

(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code pursuant to this section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.

(f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008, the controls of this Section 249.23 shall expire on January 1, 2009.

(Added by Ord. 49-03, File No. 030155, App. 4/3/2003; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY Division (d)(3) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT.

In order to provide for the protection and enhancement of specialty retail and antique store uses in the Jackson Square area, there shall be established the Jackson Square Special Use District as designated on Sectional Map No. SU01 of the Zoning Map. The boundaries of this Special Use District shall be coterminous with the boundaries of the Jackson Square Historic District as established by Appendix B to Article 10 of this Code and further described in Section 3 of that Appendix, and shall also include Lot 4 of Block 195. The following provisions shall apply within the Jackson Square Special Use District:

(a) Purposes. These controls are intended to protect and enhance the unique retail character of the Special Use District. All decisions of the Planning Commission and Department for the establishment of ground floor use shall be guided by the following factors:

(1) Continuation and enhancement of existing ground floor retail uses are of critical importance to the character of the District and displacement of such uses should be discouraged;

(2) Attraction and retention of similar new retail establishments that conform with the character of this District should be encouraged; and

(3) Uses that greatly intensify the density of employment have a negative impact on the provision of neighborhood services, traffic circulation, and limited on- and off-street parking.

(b) Controls.

(1) General. The provisions of the C-2 District (Section 210.1) and applicable provisions of the WashingtonBroadway Special Use District (Section 239) and the Chinatown Community Business District (Section 810) shall prevail except as provided in subsections (b)(2) and (b)(3) of this Section 249.25.

(2) Conditional Uses.

(A) Office Uses, Business Services, and Institutional Uses. Office Uses, Business Services, and Institutional Uses, as defined in Section 102 of this Code, at the ground floor are subject to Conditional Use authorization pursuant to

Section 303 of this Code; provided, however, that building lobbies, entrances, and exits to and from the basement, ground floor, or upper floors, and other reasonably-sized common areas at the ground floor shall be permitted without Conditional Use authorization. In addition to the findings required under Section 303(c) for Conditional Use authorization, the Commission shall make the following findings:

(i) The use shall be necessary to preserve the historic resource and no other use can be demonstrated to preserve the historic resource.

(ii) The use shall be compatible with, and shall enhance, the unique retail character of the District.

(B) Restaurants and Bars. Restaurant uses larger than 4,000 square feet and Bar uses may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303, provided that no Conditional Use authorization shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use.

(3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code, are prohibited. (Added by Ord. 203-03, File No. 030040, App. 8/1/2003; amended by Ord. 217-06, File No. 060345, App. 8-7-2006; 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. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 29-20, File No. 191257, App. 2/14/2020, Eff. 3/16/2020; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025)

AMENDMENT HISTORY

Divisions (a) and (b)(1) amended; former divisions (b)(2)(a) and (b) redesignated as (b)(2)(A) and (B) and internal references adjusted accordingly; division (b)(3) amended; Ord. 232-14 , Eff. 12/26/2014. Divisions (b)(2)(A) and (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(2)(A) and (b)(2)(B) amended; divisions (b)(2)(B)(i)-(iv) added; Ord. 47-18, Eff. 4/16/2018. Division (b)(1) amended; Ord. 208-19, Eff. 10/21/2019. Divisions (b)(2)(A), (b)(2)(B), and (b)(2) (B)(iii)-(iv) amended; division (b)(2)(C) added; Ord. 29-20, Eff. 3/16/2020. Divisions (b)(1), (b)(2)(A), and (b)(2)(B) amended; divisions (b)(2)(B)(i)-(iv) and (b)(2)(C) deleted; Ord. 217-25, Eff. 12/15/2025.

SEC. 249.26. 2245 POST STREET SPECIAL USE DISTRICT.

(a) Establishment. A Special Use District entitled 2245 Post Street Special Use District (hereinafter the SUD) consisting of Assessor’s Parcel Block No. 1078, Lot Nos. 20 and 21 (2245-2255 Post Street), the boundaries of which are designated 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) Purpose. The purpose of the SUD is to facilitate the development of an Institutional Use featuring public exhibition space, a library, conference spaces, a lecture hall, and other community space, in addition to administrative office and archival space.

(c) Controls; Conditional Use Authorization. The Planning Commission through Conditional Use authorization may grant exceptions from otherwise applicable requirements of this Code as set forth in subsections (c)(1)-(8). Additionally, notwithstanding the parcel size requirements set forth in Planning Code Section 304(b), the Planning Commission may authorize as a Conditional Use a Planned Unit Development; provided, however, that any exceptions set forth in subsections (c)(1)-(8) may be granted by the Planning Commission and supersede any conflicting criteria or limitations set forth in Section 304(d). In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(1) Non-Residential Use Size Limits. Non-Residential Use Size Limits shall not apply.

(2) Floor Area Ratio. The maximum permitted Floor Area Ratio is 5 to 1.

(3) Bulk Limits. The Bulk Limits, as set forth in Height and Bulk District Map HT02 of the Zoning Map and Section 270, shall not apply.

(4) Active Uses. Building lobbies are permitted to occupy up to 85% of the building frontage, notwithstanding Section 145.1.

(5) Street Frontage Controls. Street frontages must be fenestrated with transparent windows and doorways for no less than 40% of the street frontage at the ground level and allow visibility to the inside of the building, notwithstanding Section 145.1.

(6) Streetscape Improvements. Section 138.1 shall not apply, subject to approval of the Director of Public Works and other affected City departments.

(7) Awnings and Marquees. The vertical distance from the top to the bottom of any permitted Awning or Marquee shall not exceed five feet, including any valance and affixed Business Sign permitted pursuant to Section 249.26(c)(8), notwithstanding Section 136.1.

(8) Signs. An additional Business Sign may be located anywhere on or affixed to an Awning or Marquee so long as: (A) the Area of such Business Sign does not exceed 60 square feet; and (B) the Business Sign does not project farther toward the curb than the Awning or Marquee itself other than for the thickness of the Sign.

(d) Impact Fee Deferral. All impact fees due under Article 4 may be deferred until the issuance of the First Certificate of Occupancy, as defined in Section 401, notwithstanding Section 402(d).

(Added by Ord. 44-26, File No. 251144, App. 3/26/2026, Eff. 4/26/2026)

(Former Sec. 249.26 added by Ord. 69-04, File No. 031791, App. 4/22/2004; repealed by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011)

SEC. 249.27. ALABAMA AND 18TH STREETS AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide for affordable housing, there shall be the Alabama and 18th Streets Affordable Housing Special Use District, consisting of Lot 1 of Assessor's Block 4021, as designated on Sectional Map 7SU of the Zoning Map. The following provisions shall apply within the Special Use District:

(a) The otherwise permitted maximum residential density for dwelling units in a project in the district may be increased to one hundred sixty percent (160%) of the dwelling unit density otherwise permitted on an as-of-right basis in the underlying M-1 zoning district if (i) no fewer than seventy-five percent (75%) of the total number of on-site units are "affordable to qualifying households," as defined in Planning Code Section 401, (ii) the affordable units remain affordable as set forth in Planning Code Section 415.8, (iii) the project comply with all other applicable requirements in Planning Code Sections 415.8 and 415.9; and (iv) the project shall have received conditional use authorization in accordance with the criteria set forth in Planning Code Sections 303 or 304, as applicable.

(Added by Ord. 118-05, File No. 050725, App. 6/21/2005; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013) AMENDMENT HISTORY

Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013.

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

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

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

• (b) Controls.

(1) Active Ground Floor Uses.

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

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

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

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

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

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

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

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

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

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

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

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

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

AMENDMENT HISTORY

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

SEC. 249.30. THIRD STREET AND OAKDALE AVENUE AFFORDABLE HOUSING SPECIAL USE

DISTRICT.

In order to provide for affordable rental and or ownership opportunities for very low, lower, and/or moderate income households, there shall be a Third Street and Oakdale Avenue Affordable Housing Special Use District at 4800 Third Street located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, consisting of Lot 45 of Assessor's Block 5322, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct at least 1) 20% of the total units of a housing development for lower income households; or 2) 10% of the total units of a housing development for very low income households; or 3) 20% of the total units in a condominium project for persons and families of moderate income shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.

• (b) For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of at least 29% over the otherwise maximum allowable residential density under the applicable zoning ordinance (one unit per 600 square feet of lot area), which is equivalent to an additional 4 units over the currently permitted 14 units.

• (2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of very low, low, or moderate income.

• (3) "Housing development" shall mean five or more dwelling units.

• (4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.

• (5) "Very low income households" is defined in Health and Safety Code Section 50105.

• (6) "Persons and families of moderate income" is defined in Section 1351 of the Civil Code.

• (c) In this special use district all of the provisions of this Code applicable to residential development in an NC-3 Zoning District shall continue to apply, except as specifically provided in Subsection (d).

(d) In this special use district a modification to, exception from, or variance from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval and a zoning variance for a housing development subject to this Section may modify or grant the following modifications, exceptions, or variances to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code or that the variance satisfies the criteria of Section 305 of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.

(1) A modification of or exception to the off-street parking requirements of Section 151.1 of this Code to allow a reduction in the number of required parking spaces to 11 spaces; and;

(2) A modification of or exception to the rear yard requirements of Section 134 of this Code to allow a rear yard in the form of an inner court.

(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.

(f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008 the controls of this Section 249.30 shall expire on January 1, 2009.

(Ord. 37-06, File No. 051563, App. 3/10/2006; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff.

1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY Division (d)(1) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.31. JAPANTOWN SPECIAL USE DISTRICT.

A Special Use District entitled "Japantown 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.

(a) Purposes. In order to maintain the cultural and historic integrity and neighborhood character of Japantown, the Japantown Special Use District is established to:

(1) Preserve and develop Japantown as a viable neighborhood by revitalizing its commercial, recreational, cultural, and spiritual identity as a local, regional, statewide, national, and international resource;

(2) Enhance the distinctive image and unique character of Japantown to passing motorists, transit riders, and pedestrians through architectural design, streetscape enhancements, signage, and other elements of the built environment;

(3) Strengthen and support Japantown's identity through recognition of its planning subdistricts including the Geary Boulevard corridor; Japantown Center; Post Street commercial core; Sutter Street community/cultural core; Buchanan Mall; Fillmore Street corridor; and surrounding residential districts; and

(4) Encourage the representational expression of Japanese architectural design and aesthetic for commercial, cultural, and institutional uses.

(b) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within such Special Use District:

(1) Conditional Use Authorization. The following activities for non-residential Uses, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303.

(A) Use Size. The establishment of a new Use or any change in Use in excess of 4,000 gross square feet.

(B) Merger. The merger of one or more existing Uses into a Use in excess of 2,500 gross square feet.

(2) For any non-residential Use subject to Conditional Use authorization and for any activity that the Planning Commission considers under its discretionary review power, the Planning Commission shall make the following additional findings:

(A) The Use is not incompatible with the cultural and historic integrity, neighborhood character, development pattern, and design aesthetic of the Special Use District; and

(B) The Use supports one or more of the purposes for establishing the Japantown Special Use District.

(Ord. 180-06, File No. 060266, App. 7/14/2006; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff.

12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Reference amended in division (b)(1)(iii); Ord. 235-14 , Eff. 12/26/2014. Introductory paragraph amended; former division (b)(1)(iii) deleted; remaining subdivisions in divisions (b)(1) and (b)(2) redesignated; division (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1)-(b)(2)(B) amended; division (b)(3) deleted; Ord. 13-26, Eff. 3/16/2026.

SEC. 249.32. LAGUNA, HAIGHT, BUCHANAN AND HERMANN STREETS SPECIAL USE DISTRICT.

(a) Purpose. In order to facilitate the development of a mixed-use project including affordable and market-rate rental and ownership dwelling units, affordable senior dwelling units welcoming to the lesbian, gay, bisexual and transgender (LGBT) senior community, community facilities, open space and retail services generally consistent with the policies of the Market and Octavia Area Plan, approved by the Board of Supervisors on October 24, 2007 (the "Area Plan"), there shall be the Laguna, Haight, Buchanan and. Hermann Streets Special Use District, applicable to the two RM-3 and NC-3 zoned blocks bounded by Laguna, Haight, Buchanan and Hermann Streets, consisting of Assessor's Blocks 857 and portions of Assessor's Block 870. The following provisions shall apply within the Special Use District:

(b) Applicability. The provisions of this Special Use District shall only apply to projects which require conditional use authorization under Section 303 of this Code. In considering the appropriateness of conditional use authorization within

the Special Use District, the Commission shall, in addition to the factors required by Section 303, consider the following factors:

(1) Parking. Consistent with the Area Plan, there shall be no minimum number of off-street parking spaces required for any use within the Special Use District. There shall be no more than 0.75 off-street parking space per unit, including dwelling units, senior dwelling units, which parking spaces may be located anywhere in the Special Use District. In addition, up to 51 replacement parking spaces may be provided in the Special Use District for the existing dental clinic located on Assessor's Block 870, Lot 3, provided that 15 of such spaces should be subject to a parking rate structure to encourage short-term use, and that the Project Sponsor AF Evans, or its successor, should use good faith efforts to agree with the owner of the dental clinic that any after tax revenue from such parking spaces should be used to support the indoor community facility; and provided that the owner of the dental clinic, within five years from the effective date of this ordinance, submits a plan consistent with Section 304.5 of this Code, for reuse of the dental clinic. The minimum number of parking spaces required for any commercial or community facility use set forth in Section 151.1 of this Code shall instead be the maximum number of spaces that can be provided for such commercial and community facility uses. (2) Off-Street Parking Standards. The off-street parking standards for both residential and non-residential parking spaces set forth in the Area Plan shall be generally applied, including that: (A) no more than 20 feet per block frontage of any building may be devoted to off-street parking ingress and egress, and such ingress and egress is not located on a Transit Preferential Street, Citywide Pedestrian Network or designated Neighborhood Commercial Street where an alternative frontage exists; (B) off-street parking at or above the ground floor be set back at least 25 feet from any street exceeding a width of 30 feet and that active uses be provided along such street frontages within the required setback; (C) vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; (D) accommodating off-street parking does not degrade the overall urban design quality of the project; (E) parking does not diminish the quality and viability of existing or planned streetscape enhancements; (F) for residential projects of 50 units or more, all residential accessory parking in excess of 0.5 spaces per unit is stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that reduces space used for parking and maneuvering, maximizes other uses, and discourages the use of vehicles for commuting for daily errands; (G) projects that provide 10 or more spaces for non-residential uses dedicate 5 percent of those spaces, rounded down, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other cooperative auto programs; (H) retail uses larger than 20,000 square feet which sell merchandise that is bulky or difficult to carry by hand or by public transit offer door-to-door delivery services and/or shuttle service; (I) car-share parking spaces be offered in at least the minimum amounts set forth in Planning Code 166; (J) accessory nonresidential parking spaces be available to the general public from the hours of 7:00 p.m. to 7:00 a.m. Monday through Friday, and at all times on Saturday and Sunday; and (K) parking spaces be leased or sold separately from the rental or purchase price of units.

huttle service; (I) car-share parking spaces be offered in at least the minimum amounts set forth in Planning Code 166; (J) accessory nonresidential parking spaces be available to the general public from the hours of 7:00 p.m. to 7:00 a.m. Monday through Friday, and at all times on Saturday and Sunday; and (K) parking spaces be leased or sold separately from the rental or purchase price of units.

(3) Loading. The minimum number of loading spaces required for any use as set forth in Section 152 of this Code shall instead be the maximum number of spaces that can be provided.

(4) Residential Density. The base residential density limits of the underlying zoning as set forth in the Zoning Control Table for the district in which the lot is located shall apply. For a project that exceeds those base density limits through a Section 304 planned unit development authorization, the policy of the Area Plan that 40 percent of on-site family units be two or more bedroom units shall apply.

(5) Impact Fees or In-Kind Provision of Community Infrastructure. The Planning Commission shall consider imposition of a community infrastructure impact fees or accept in lieu the in kind provision of community infrastructure improvements generally consistent with the priorities set forth in the Area Plan, including publicly accessible open space in excess of the residential open space requirements of this Code and an indoor community facility, of a value comparable to the Area Plan policies. In the event the Planning Commission does not accept in lieu the in kind provision of publicly accessible open space in excess of the residential open space requirements of this Code or an indoor community facility, such in kind open space and community facilities shall not otherwise be required to be provided by a project in the Special

Use District. Should impact fees, rather than in kind provision of infrastructure improvements, be provided in whole or part, such fees shall be deposited in the Market & Octavia Community Improvements Fund as proposed to be established by the Area Plan. Fees deposited in the Market & Octavia Community Improvements Fund, as proposed to be established by the Area Plan, may be used to support the indoor community facility.

(c) Affordable Housing. Should the percentage of family and senior dwelling units in a project in the Special Use District proposed to be affordable to households of low- or moderate-income meet or exceed 35 percent of the total number of Dwelling Units in the project, the proposed amendments to Section 315.4(a)(1)(A), which can be found in Board of Supervisors File Nos. 071156 and 080255, imposing an additional affordable housing fee in the Market and Octavia Plan Area, shall not apply.

(d) Waller Street. The project sponsor shall gain approval for the use of Waller Street from the Board of Supervisors prior to issuance of a building or site permit.

(e) Expiration. If a site or building permit has not been issued and construction commenced on the mixed-use project described above, the provisions of this Special Use District shall expire five years from the effective date of this legislation.

(Added by Ord. 68-08, File No. 071002, App. 4/17/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Divisions (b)(2) and (b)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (b)(1) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT.

(a) Purpose. There shall be a Van Ness & Market Residential Special Use District, which is comprised of the parcels zoned C-3-G in the Market Octavia Better Neighborhoods Plan area, and whose boundaries are designated on Sectional Map Nos. SU02 and SU07 of the Zoning Map of the City and County of San Francisco. This District is generally comprised of parcels focused at the intersections of Van Ness Avenue at Market Street and South Van Ness Avenue at Mission Street, along with parcels on both sides of Market and Mission Streets between 9th and Division Streets. This District is intended to be a transit-oriented, high-density neighborhood with a significant residential presence and a mix of neighborhood-serving uses. New development and major expansions must be predominantly residential. Other nonresidential uses that are allowed and encouraged, include arts, institutional, and retail uses. Retail controls allow for smaller retail use sizes in order to emphasize neighborhood-serving character. These uses compliment the transit rich infrastructure in the area, which includes the Van Ness MUNI Metro Station and the intersection of several major transit corridors including Van Ness, Market Street, Mission Street and other major bus lines. This area is encouraged to transition from largely a back-office and warehouse support function to downtown into a more mixed-use residential district, and serves as a transition zone to the lower scale residential and neighborhood commercial areas to the west of the C-3. A notable amount of large citywide commercial and office activity will remain in the area, including government offices supporting the Civic Center and City Hall. This area was initially identified in the Downtown Plan of the General Plan as an area to encourage housing adjacent to the downtown. As part of the city’s Better Neighborhoods Program, this concept was fully articulated in the Market and Octavia Area Plan, and is described therein.

(b) Use Controls.

(1) Residential Density. There shall be no density limit for Residential Uses 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 Market & Octavia Area Plan Fundamental Principles for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply.

not limited to height, bulk, setbacks, open space, and exposure, as well as by the Market & Octavia Area Plan Fundamental Principles for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply.

(2) Open Space Provider. The off-site open space permitted by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly

developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (A) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (B) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (C) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy.

(A) Off-Site Provision of Required Open Space. Up to 40 percent of usable open space required by Sections 135 and 138 may be provided off-site if it is within the SUD or within 900 feet of the project site and meets the standards described below for publicly accessible open space described below.

(B) Publicly-Accessible Open Space Standards.

• (i) Open Space Types. Open space must be of one or more of the following types:

a. An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas according to the Market & Octavia Area Plan;

b. An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the floor area devoted to food or beverage service;

c. An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code;

d. A terrace or roof garden with landscaping;

e. Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width and conform to the Market & Octavia Area Plan, such as sidewalk widening or building setbacks; and

f. Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by this Code, in accordance with the Market & Octavia Area Plan.

(ii) Open space must meet the following standards:

a. Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public;

• b. Be appropriately landscaped;

• c. Be protected from uncomfortable winds;

• d. Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area;

• e. Be well signed and accessible to the public during daylight hours;

• f. Be well lighted if the area is of the type requiring artificial illumination;

• g. Be designed to enhance user safety and security;

• h. Be of sufficient size to be attractive and practical for its intended use; and

• (i)1 Have access to drinking water and toilets if feasible.

(C) Maintenance. Open spaces shall be maintained at no public expense, except as might be provided for by any community facilities district that may be formed. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 of this Code.

(D) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque of no less than 24 inches by 36 inches in size shall be placed in a publicly conspicuous location outside the building at street level, or at the site of any publicly-accessible open space, identifying said open space feature and its location, stating the right of the public to use

the space and the hours of use, describing its principal required features (e.g., number of seats, availability of food service) and stating the name and address of the owner or owner's agent responsible for maintenance.

(E) Hold Harmless Requirement. The Zoning Administrator shall have authority to require a property owner to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space.

(3) Lot Coverage. The rear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80% at all levels containing a dwelling unit or group housing bedroom. The unbuilt portion of the lot shall be open to the sky except for obstructions permitted in yards per Section 136(c) of this Code. Exceptions to the 20% open area may be granted pursuant to the procedures of Section 309 of this Code.

ear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80% at all levels containing a dwelling unit or group housing bedroom. The unbuilt portion of the lot shall be open to the sky except for obstructions permitted in yards per Section 136(c) of this Code. Exceptions to the 20% open area may be granted pursuant to the procedures of Section 309 of this Code.

(4) Floor Area Ratio. For non-residential uses, the maximum Floor Area Ratio (“FAR”) allowed, except as allowed in this Section 249.33, shall be that described in Section 123(c) of this Code, provided that it shall not be greater than 9:1. For residential uses, there shall be no limits on FAR. The definition of Gross Floor Area shall be that in Section 102 of this Code as of the date of approval of this Section 249.33. The provisions of Section 124(g) of this Code shall not apply in this special use district.

(5) Micro-Retail. “Micro-Retail” shall mean a Retail Use, other than a Formula Retail Use, measuring no less than 100 gross square feet, no greater than 1,000 gross square feet and a 10 foot minimum depth from the front façade.

(A) Applicability. Micro-Retail controls shall apply to projects with new construction or alterations to greater than 50% of an existing building if located on a lot of at least 20,000 square feet. (B) Controls.

(i) Amount. Applicable development projects shall have at least one Micro-Retail unit for every 20,000 gross square feet of lot area, rounded to the nearest unit.

(ii) Location and Design. All Micro-Retail units shall be on the ground floor, independently and directly accessed from a public right-of-way or a publicly-accessible open space, and designed to be accessed and operated independently from other spaces or uses on the subject property. For projects adjacent to Privately Owned Publicly Accessible Open Spaces, free standing kiosks are allowed to meet this requirement through Planning Commission approval through a 309 exception.

(iii) Exemption. Any projects providing ground floor uses that are larger than 1,000 gross square feet and defined as Arts Activities, Child Care Facility, Community Facility, Public Facility, School or Social Service are exempt from the Micro-Retail requirement.

(iv) Exceptions. Exceptions to the micro-retail requirement may be granted pursuant to the procedures of Section 309.

(6) Accessory Parking. For projects that provide 25% or more on-site affordable housing units as defined in Section 415, accessory non-residential parking may be used jointly as accessory residential parking for residential uses within the same project, so long as the following criteria are met:

(A) the total number of independently accessible parking stalls (whether residential or non-residential) provided in such project shall not exceed the sum of the maximum amount of accessory residential and accessory non-residential parking spaces permitted by the Planning Code, and;

(B) the total number of parking spaces used as residential accessory parking shall not exceed 0.4 spaces per each Dwelling Unit.

(7) Cannabis-Related Land Uses. All cannabis-related uses, which includes Cannabis Retail (Retail Sales and Service Category), Medical Cannabis Dispensary, Industrial Agriculture, Agriculture and Beverage Processing 2, Light Manufacturing, Laboratory, Wholesale, or Parcel Delivery Service, as defined in Section 102 shall follow the land use controls of the NCT-3 Moderate-Scale Neighborhood Commercial Transit District, Section 752 of this Code.

(8) Living Roofs and Living Walls. tion (b)(12), all terms shall be as defined in Sections 102 and 149.

(B) Applicability. The requirements of this subsection (b)(12) shall apply to any building and development project that meet all of the following criteria:

• (i) The development project lot size is 5,000 square feet or larger;

(ii) The building constitutes a Large Development Project or Small Development Project under the Stormwater Management Ordinance (Public Works Code Sections 147-147.6); and

(iii) The building height is 120 feet or less.

• (C) Requirements.

(i) Notwithstanding the requirements of Section 149, at least thirty percent of the roof area shall be covered by one or more Living Roofs.

(ii) The Living Roof shall be considered in determining compliance with the Stormwater Management Ordinance. (iii) The Planning Department, after consulting with the Public Utilities Commission and the Department of the Environment, shall adopt rules and regulations to implement this subsection (b)(12) and shall coordinate with those departments to ensure compliance with the Stormwater Management Ordinance.

(iv) Projects that consist of multiple buildings may choose to locate the Living Roofs required in subsection (b) (12)(B)(i) on any rooftops within the subject project site, including on buildings that are not subject to these requirements, provided that the project as a whole provides the square footage of Living Roofs required by subsection (b)(12)(B)(i).

(v) Project sponsors are encouraged to incorporate vertical living walls on building facades, composed of climateappropriate, native, and non-invasive plantings.

(D) Waiver. If the project sponsor demonstrates to the Zoning Administrator’s satisfaction that it is physically infeasible to meet the Living Roof requirements that apply to the project, the Zoning Administrator may, in their sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), reduce the requirement stated in subsection (b)(12)(B)(i) to what is required under Section 149.

(9) Option for In-Kind Provision of Transportation Sustainability Fee. Notwithstanding the requirements of Planning Code Section 411A et seq. , development projects in this District may propose to provide transportation improvements to the City directly. In such a case, the City, at its sole discretion, may enter into an In-Kind Improvements Agreement with the sponsor of such project and issue a fee waiver for the Transportation Sustainability Fee (“TSF”) from the Municipal Transportation Agency Board of Directors (the “MTA” and the “MTA Board,” respectively), subject to the following rules and requirements:

ion improvements to the City directly. In such a case, the City, at its sole discretion, may enter into an In-Kind Improvements Agreement with the sponsor of such project and issue a fee waiver for the Transportation Sustainability Fee (“TSF”) from the Municipal Transportation Agency Board of Directors (the “MTA” and the “MTA Board,” respectively), subject to the following rules and requirements:

(A) Approval criteria. The City shall not enter into an In-Kind Improvements Agreement unless the proposed inkind improvements meet an identified community need and where they substitute for improvements that could be provided by the TSF Expenditure Program (as described in Section 411A.6). No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this InKind Improvements Agreement.

(B) Valuation. The Director of Transportation, in consultation with the Director of Planning, shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the development project shall provide the Planning Department and MTA with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates, provided it is indexed to current cost of construction.

(C) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(i) A description of the type and timeline of the proposed in-kind improvements;

(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above; and

(iii) The legal remedies in the case of failure by the development project to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(D) Approval Process. The MTA Board, with the advice of the Director of Planning and the Director of Transportation, must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Transportation is authorized to execute the Agreement on behalf of the City. If the MTA Board approves the In-Kind Agreement, it shall waive the amount of the TSF by the value of the proposed In-Kind Improvements Agreement, as determined by the Director of Transportation and the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required TSF.

-Kind Improvements Agreement, as determined by the Director of Transportation and the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required TSF.

(E) Administrative Costs. Development projects that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(10) Option for Dedication of Land.

(A) Development projects in this District may opt to fulfill the Inclusionary Housing requirement of Section 415 through the Land Dedication alternative in Section 419.6. The Land Dedication alternative is available for development projects within the District under the same terms and conditions as provided for in Section 419.5(a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development project site, as determined by the Planning Department. Any dedicated land shall be at least partly located within one mile of the boundaries of either the Market and Octavia Plan Area or the Upper Market NCT District.

(B) Notwithstanding the requirements of Section 419.5(a)(2)(H), development projects dedicating land shall obtain the required letter from the Mayor’s Office of Housing and Community Development verifying acceptance of the dedicated land no later than 180 days following Planning Commission or Planning Department approval of the development project. The Director of the Mayor’s Office of Housing and Community Development may waive application of Section 419.5(a)(2)(G).

(11) Required Minimum Dwelling Unit Mix. Development projects in this District shall comply with Section 207.6.

(12) Active Uses. For purposes of this Section 249.33, Arts Activities and Institutional Community Uses are considered to be “active uses,” as defined in Section 145.4 of this Code.

(13) Projects with on-site affordable housing units provided pursuant to a Purchase and Sale Agreement with the City that are in excess of the amount required by Planning Code Section 415 may deviate from the building floor distribution requirements of Section 415.6(f)(1) by up to 15%.

(c) In the event of a conflict between the provisions of this Section 249.33 and the provisions of Section 249.81, the 1629 Market Street Special Use District, the provisions of Section 249.81 shall control.

(d) In the event of a conflict between the provisions of this Section 249.33 and the provisions of Section 249.12, the 1500 Mission Street Special Use District, the provisions of Section 249.12 shall control.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 6320, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 153-23, File No. 221164, App. 7/28/2023, Eff. 8/28/2023; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025)

AMENDMENT HISTORY

Divisions (b)(3), (b)(6)(B)(i), and (b)(6)(B)(ii) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b)(3)(B)(i) and (b)(6)(B) (ii) amended; Ord. 62-13 , Eff. 5/10/2013. Divisions (a), (b)(2), (b)(4), and (b)(6)(A) amended; Ord. 22-15, Eff.

3/22/2015. Divisions (b)(1)-(3) amended; divisions (b)(4)(C)-(C)(vi) and (b)(4)(D)-(D)(ix) redesignated as (b)(4)(B)(i)-

(i)f. and (b)(4)(B)(ii)-(ii)i.; divisions (b)(4)(E)-(G) redesignated as (b)(4)(C)-(E); current divisions (b)(4)(B)(i), (b)(4)(B) (ii), (b)(4)(E), (b)(5), and (b)(6)(B)(i) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), (b) (3), and (b)(5) amended; divisions (b)(7)-(19), (c), and (d) added; Ord. 126-20, Eff. 8/31/2020. Division (b)(9)(B)(iii) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (b)(16)(A)-(C) amended; Ord. 153-23, Eff. 8/28/2023. Divisions (b)(1), (b)(3)- (3)(B)(ii), (b)(6)(B)-(b)(8), (b)(14)-(15), and (b)(16)(C) deleted; divisions (b)(2), (4), (5), and (6)- (6)(A) redesignated and amended as (b)(1)-(4); divisions (b)(9)-(13) and (b)(16)-(19) redesignated and amended as (b)(5)-(13); Ord. 188-25, Eff. 11/6/2025.

CODIFICATION NOTE

1. So in Ord. 63-20.

Editor's Note:

Ordinance 108-10 redesignated portions of this Sec. 249.33 as new Secs. 424 - 424.5.

SEC. 249.34. TRINITY PLAZA SPECIAL USE DISTRICT.

In order to give effect to the Development Agreement for the Trinity Plaza Development Project, there shall be the Trinity Plaza Special Use District consisting of Assessor's Block 3702, Lots 039, 051, 052, and 053 and a portion of former Jessie Street between Seventh and Eighth Streets, as designated on Sectional Map No. SU01 of the City and County of San Francisco.

(a) Special Controls. The following controls shall apply within this Special Use District:

(1) Floor Area Ratio. The floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Dwellings and other residential uses.

(2) Shadows on Public Sidewalks. The requirement regarding sunlight to public sidewalks set forth in Section 146 shall not apply.

(3) Exposure of Dwelling Units. Exceptions to the provisions of Section 140 of this Code regarding dwelling unit exposure to open areas may be granted through the process set forth in Section 309 in lieu of the process set forth in Section 305. An exception to the provisions of Section 140 shall only be granted upon a determination that the proposed design provides adequate access to air and light consistent with the intent of Section 140.

(b) The Development Agreement for the Trinity Plaza Development Project. This Special Use District is further subject to the restrictions and controls set forth in the Development Agreement for the Trinity Plaza Development Project, recorded against the property, as amended from time to time.

(Added by Ord. 90-07, File No. 061216, App. 4/27/2007; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Former division (a)(2) deleted and former divisions (a)(3) and (a)(4) redesignated as (a)(2) and (a)(3); Ord. 22-15, Eff. 3/22/2015.

SEC. 249.35. FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT.

(a) Findings. There are an unusually large number of establishments providing fringe financial services, including check cashing and payday lending, in the neighborhoods included in the Mission Alcoholic Beverage Special Use District, the North of Market Residential Special Use District, the Divisadero Street Alcohol Restricted Use District, the Third Street Alcohol Restricted Use District, and the Haight Street Alcohol Restricted Use Subdistrict. The unchecked proliferation of these businesses has the potential to displace other financial service providers, including charter banks, which offer a much broader range of financial services, as well as other desired commercial development in the City, which provides a broad range of neighborhood commercial goods and services.

(b) Establishment of the Fringe Financial Service Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the following defined areas, a noncontiguous Fringe Financial Service Restricted Use District (Fringe Financial Service RUD) is hereby established for the following properties: (1) Properties in NC-1 and NCT-3 Districts, in the Broadway (Sec. 714), Castro Street (Sec. 715), Inner Clement Street (Sec. 716), Outer Clement Street (Sec. 717), Cole Valley (Sec. 742), Excelsior Outer Mission Street (Sec. 720), Fillmore Street (Sec. 747), Upper Fillmore Street (Sec. 718), Haight Street (Sec. 719), Lakeside Village (Sec. 727), North Beach (Sec. 722), Pacific Avenue (Sec. 726), Polk Street (Sec. 723), Sacramento Street (Sec. 724), Inner Sunset (Sec. 730), 24th Street – Noe Valley (Sec. 728), Union Street (Sec. 725), and West Portal Avenue (Sec. 729) Neighborhood Commercial Districts, and in the Divisadero Street (Sec. 759), Hayes-Gough (Sec. 761), Mission Street (Sec. 754), 24th Street – Mission (Sec. 763), Upper Market Street (Sec. 764), and Valencia Street (Sec. 762) Neighborhood Commercial Transit Districts;

(Sec. 724), Inner Sunset (Sec. 730), 24th Street – Noe Valley (Sec. 728), Union Street (Sec. 725), and West Portal Avenue (Sec. 729) Neighborhood Commercial Districts, and in the Divisadero Street (Sec. 759), Hayes-Gough (Sec. 761), Mission Street (Sec. 754), 24th Street – Mission (Sec. 763), Upper Market Street (Sec. 764), and Valencia Street (Sec. 762) Neighborhood Commercial Transit Districts;

(2) Properties in the Mission Alcoholic Beverage Special Use District, as described in Section 249.60 of this Code and as designated on Sectional Maps SU07 and SU08 of the Zoning Map of the City and County of San Francisco;

(3) Properties in the North of Market Residential Special Use District, as described in Section 249.5 of this Code and as designated on Sectional Maps SU01 and SU02 of the Zoning Map of the City and County of San Francisco;

(4) Properties in the Haight Street (Section 781.9) and Third Street (Section 782) Alcohol Restricted Use Districts; and

(5) Properties in the Chinatown Community Business (CCB) (Section 810), South Park (SPD) (Section 814), and Rincon Hill (RH-DTR) (Section 827) Districts.

(c) Restrictions.

(1) No new fringe financial services shall be permitted as a principal or accessory use in the Fringe Financial Service RUD.

(2) The controls of this Section 249.35 shall also apply within a ¼ mile of the Fringe Financial Service RUD.

(3) Outside of the Fringe Financial Service RUD and its ¼ mile buffer, fringe financial services shall be subject to the zoning controls set forth elsewhere in this Code, provided that, in addition, no new fringe financial service shall be permitted as a principal or accessory use within ¼ mile of an existing fringe financial service.

(d) Exemptions. The restrictions set forth in subsection (c) above shall not be interpreted to prohibit the following:

(1) A nonprofit fringe financial service; or

(2) Any other financial service use that is not a fringe financial service. Accordingly, any applicant for a financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California, demonstrating that such financial service operates under a license of a type distinct from that issued to a "check casher" as defined in California Civil Code section 1789.31, as amended from time to time; or to a "licensee" as defined in California Financial Code section 23001(d), as amended from time to time.

(e) Continuation of Existing Prohibited Fringe Financial Service Uses. Any fringe financial service subject to the restrictions set forth in this Section 249.35 may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions:

(1) A fringe financial service lawfully existing as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of fringe financial service, so long as otherwise lawful, may continue to operate only under the following conditions:

(A) Except as provided in Subsection 249.35(e)(2) below, the premises shall retain the same type of fringe financial service license within a license classification; and

(B) Except as provided in Subsection 249.35(e)(2) below, the fringe financial service shall be operated continuously, without substantial changes in mode or character of operation.

(2) A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, the location of the establishment does not change, the square footage used does not increase, and the type of state license does not change:

(A) A change in ownership of a fringe financial service provider or a lawful transfer of a state license;

(B) Temporary closure for restoration or repair of an existing fringe financial service on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or

(C) Temporary closure of an existing fringe financial service provider for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling.

(f) Definitions. The following definitions shall apply to this Section 249.35.

(1) "Fringe Financial Service" as defined in Section 102 of this Code.

(2) A "nonprofit fringe financial service" shall mean a Fringe Financial Service that is exempted from payment of income tax under Section 23701(d) of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. Any such nonprofit Fringe Financial Service shall provide the Planning Department with a true copy(ies) of its income tax documentation demonstrating its exemption from payment of income tax under State and Federal Law.

(g) The Planning Department shall maintain information regarding the location of existing Fringe Financial Services located outside the Fringe Financial Service Restricted Use District, which information shall be presumed accurate. An applicant for a new Fringe Financial Service use may submit information to the Department to demonstrate that an existing fringe financial service use has closed or is otherwise not located within a one-quarter mile of the location of the proposed new Fringe Financial Service use.

(Added by Ord. 269-07, File No. 070671, App. 11/26/2007; amended by Ord. 75-08, File No. 071531, App. 5/9/2008; 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. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (a) and (b)(3) amended; former division (b)(6) deleted; Ord. 261-13 , Eff. 12/27/2013. Divisions (b)(1) through (5) amended; Ord. 227-14 , Eff. 12/13/2014. Divisions (b)(1) through (5) amended; Ord. 228-14 , Eff. 12/13/2014. New division (b)(1) added and former divisions (b)(1)-(3) redesignated as (b)(2)-(4); current division (b)(4) amended; former divisions (b)(4) and (b)(5) deleted; division (f)(1) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1) and (b)(4) amended; division (b)(5) added; Ord. 63-20, Eff. 5/25/2020.

SEC. 249.35A. FULTON STREET GROCERY STORE SPECIAL USE DISTRICT.

(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 onethird 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 tore1 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.

ulton 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 non-illuminated 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.

SEC. 249.35B. DESIGN AND DEVELOPMENT SPECIAL USE DISTRICT.

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 151.1 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; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (f)(1) amended; Ord. 245-25, Eff. 1/12/2026. 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.

SEC. 249.36. [REPEALED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; 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; repealed by Ord. 202-21, File No. 210497, App. 11/12/2021, Eff. 12/13/2021)

SEC. 249.37. INNOVATIVE INDUSTRIES SPECIAL USE DISTRICT.

(a) Purpose. The purpose of the Innovative Industries Special Use District is to provide affordable office space to small firms and organizations which are engaged in innovative activities, including incubator businesses and microenterprises.

(b) Geography. The boundaries of the Innovative Industries Special Use District are shown on Sectional Map No. 8SU of the Zoning Map.

• (c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, except that:

• (1) office uses shall be principally permitted uses on all stories above the ground story.

(2) retail uses shall be subject to the size controls applicable in the Urban Mixed Use District, as stated in Sec. 843.45.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011)

AMENDMENT HISTORY

Division (b) amended; Ord. 196-11 , Eff. 11/3/2011.

SEC. 249.38. SOMA YOUTH AND FAMILY SPECIAL USE DISTRICT.

(a) Purpose. The South of Market (SoMa) Youth and Family Special Use District is intended to expand the provision of affordable housing in the area defined below. In addition, this zoning is intended to protect and enhance the health and environment of youth and families by adopting policies that focus on certain lower density areas of this District for the expansion of affordable housing opportunities. The findings of Planning Code Section 419.1 concerning the provision of affordable housing are incorporated herein by reference.

(b) Geography. The general boundaries of the SoMa Youth and Family Special Use District are Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west. The Special Use District is more particularly identified in the Zoning Map.

• (c) Controls.

(1) For the entire Special Use District, all provisions of the Planning Code shall continue to apply, except for the following:

• (A) The following uses, as defined in Section 102, shall require a Conditional Use authorization, pursuant to Section 303, unless the underlying zoning is more restrictive:

• (i) Religious Facilities;

• (ii) Bars;

• (iii) Liquor Stores;

• (iv) General Entertainment;

• (v) Restaurants;

• (vi) Adult Entertainment;

• (vii) Nighttime Entertainment;

• (viii) Movie Theaters;

• (ix) Private Parking Lots and Public Parking Lots; and

• (x) Private Parking Garages and Public Parking Garages.

• (B) The Land Dedication alternative is available for any project of 55 feet or more under the same terms and conditions as provided for in Section 419 et seq.

(C) In addition to the controls above, the following provisions shall apply to all properties that are not tangent to the following streets: Howard Street, Harrison Street. Folsom Street, 4th, 5th, 6th and 7th Streets: Any project subject to Section 415 et seq. in excess of 45 feet in height within this Special Use District shall be subject to the Tier C affordable housing requirements of Sections 419 et seq .

(Added as 249.40A 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 and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) (Former Sec. 249.38 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; repealed by Ord. 105-17, File No. 170156, App. 5/26/2017, Eff. 6/25/2017) AMENDMENT HISTORY

Added as Sec. 249.40A; Ord. 302-08. Divisions (c)(1)(A)(ii) and (c)(1)(A)(v) amended; former division (c)(1)(A)(vi) deleted and former divisions (c)(1)(A)(vii)-(xi) redesignated as (c)(1)(A)(vi)-(x); Ord. 75-12, Eff. 5/23/2012. Divisions (a) and (c)(1)(B) amended; former divisions (c)(2) and (c)(2)(A) redesignated as (c)(1)(C) and amended; Ord. 62-13, Eff. 5/10/2013. Divisions (c)(1)(A)(ii), (c)(1)(A)(iii), and (c)(1)(A)(v) amended; Ord. 129-17, Eff. 7/30/2017. Section redesignated; divisions (c)(1)(A)-(c)(1)(A)(x) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 249.39. WESTERN SOMA SPECIAL USE DISTRICT.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 64-25 , approved 5/9/2025, effective 6/9/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) The Western SoMa Special Use District, as shown on Section Maps 1SU, 7SU, and 8SU of the Zoning Map, is governed by Section 303.1 of this Code, and Board of Supervisors Resolution No. 731-04.

(b) Design Standards. The construction of new buildings and alteration of existing buildings in the Western SoMa Special Use District shall be consistent with the design policies and guidelines of the “WSoMa Design Standards” as

adopted and periodically amended by the Planning Commission.

• (c) Controls. All provisions of the Planning Code shall apply except as otherwise provided in this subsection (c).

• (1) Rear Yard. The requirements of Section 134 shall apply except as follows:

(A) Front Setback Credit for Rear Yards in the RED-MX District. The required rear yard in the RED-MX District may be reduced by the distance of any provided front setback, as measured from the property line to the main building wall. The front setback shall be measured as the line of greatest depth of any portion of the front building wall that occupies at least 1/2 the width between the side lot lines of the property. However, in no case shall the rear yard be reduced to less than 15 feet.

(B) Modification. Only corner lots are eligible for rear yard modifications from the Zoning Administrator pursuant to Sections 134(f), 134(e), and 307(h) of this Code.

(2) Open Space. The requirements of Section 135 shall apply except as follows:

(A) Publicly Accessible Open Space. Dwelling units within Eastern Neighborhood Mixed Use Districts shall

provide 80 square feet per unit of useable open space regardless of whether the open space is privately or publicly accessible. Off-site, publicly accessible open space shall not qualify as required common open space pursuant to Section 135 of this Code.

(B) Roof Decks. Roof decks shall not qualify as required private or common useable open space pursuant to Section 135 of this Code. For the purpose of this section, a roof deck shall be defined as a deck located on the roof of the highest story of a building, or a deck at the highest story of a building if the enclosed gross floor area of that story is less than 50 percent of the gross square footage of the footprint of the subject building.

(3) Exposure. The dwelling unit exposure requirements of Section 140 of this Code shall apply to all bedrooms in group housing developments in newly constructed buildings, such that each bedroom faces directly on one of the open areas specified in Section 140.

(4) Nonconforming Uses. A legal nonconforming Nighttime Entertainment use located in a building that is demolished may be re-established within a newly constructed replacement building on the same lot with a Conditional Use authorization pursuant to Section 303 of this Code, and pursuant to the following criteria:

(A) The Gross Floor Area of the re-established nonconforming Nighttime Entertainment use may be increased up to 25% more than the area it occupied in the building proposed for demolition;

(B) If the nonconforming Nighttime Entertainment use is not re-established in the new building within three years of vacating the building proposed for demolition it shall be considered abandoned pursuant to Planning Code Section 183.

(5) Vertical Architectural Elements. Vertical architectural elements, pursuant to Section 263.21 of this Code, shall not be permitted.

(6) Single Room Occupancy (SRO) Units. SRO units, as defined in Section 102 of this Code, shall have a minimum size of 275 gross square feet.

(7) Recreation Facilities. The demolition of recreation facilities, as defined in subsection 249.39(c)(7)(A) of this Code, shall be governed by the following:

(A) For the purposes of this Section 249.39, a Recreational Facility shall be defined as a publicly- or privatelyowned facility of at least 10,000 gross square feet that offers free or fee-based membership to the general public and is used for recreational activities such as ice skating, bowling, swimming, soccer, tennis, racquetball, basketball, softball, baseball, and similar activities. The facility may also include play areas for children and accessory accommodations such as locker rooms and activity rooms.

(B) Demolition of an existing recreation facility shall require conditional use authorization from the Planning Commission, pursuant to Section 303 of this Code. In granting such conditional use authorization, the Planning Commission must also find the following:

(i) The project sponsor demonstrates that the loss of the recreational facility and the associated services to the neighborhood or to the population of existing users can be met by other recreational facilities that:

a. are either existing or proposed as part of the associated project;

• b. are or will be within the boundaries of the Western SoMa Special Use District; and

• c. will provide similar facilities, services, and affordability as the recreational facility proposed to be removed.

(8) Formula Retail Uses. In addition to existing findings required in Planning Code Section 303.1 for Formula Retail uses requiring Conditional Use authorization in the Western SoMa Special Use District, the Planning Commission shall consider the following criteria.

• (A) Size. The new formula retail use shall be similar in size to other nearby retail uses. For the purposes of this subsection, “nearby” shall mean all other retail uses on the subject and opposite block face.

(B) Clustering. The new formula retail use shall have sufficient separation from other formula retail uses in the area and would thereby avoid clustering. For purposes of this subsection, “sufficient separation” shall mean no more than two formula retail uses on the proposed block face and two formula retail uses on the opposite block face.

• (C) Design. The new formula retail use should:

• (i) not be located in a standalone building, have a drive-thru window, or have multiple curb cuts;

• (ii) be integrated with nonformula uses within the same building or development;

• (iii) have its primary retail frontage, and provide pedestrian access, from a public sidewalk and not from a parking lot;

• (iv) provide publicly accessible open space whenever possible.

• (D) Other. The new formula retail use should participate in formalized local resident job hiring programs.

• (9) Major Developments Requesting Height Bonuses.

• (A) Applicability. The controls of this Subsection shall apply to any project that meets all of the following thresholds:

• (i) The project site is greater than .5 acre;

• (ii) The project is located within a split height district;

• (iii) The project proposes a building with a height above its permitted base height;

• (iv) The project is not located in the SALI District.

(B) Controls. The project shall require conditional use authorization from the Planning Commission pursuant to Section 303 of this Code, and shall not require a Large Project Authorization if otherwise required under Section 329, and shall be subject to the following criteria:

• (i) As a component of such conditional use authorization, the project may seek specific exceptions to the provisions of this Code as provided under Section 329;

• (ii) The space-efficient parking criteria of Section 151.1(g)(1)(B)(i) shall only apply to parking on the ground floor and above, and shall not apply to parking located below grade in basement levels;

• (iii) Horizontal mass reductions controls, pursuant to Section 270.1 of this Code, shall not apply;

• (iv) The project shall demonstrate that it minimizes the impacts of proposed non-residential uses on any adjacent properties in the RED and RED-MX Districts. Specifically, the following potential conflicts shall be addressed:

a. Social Interaction. Given the diversity of uses and users in Western SoMa, large developments should appropriately buffer conflicting uses, such as housing and late night uses, and commercial uses and playgrounds.

b. Hours of Operation. Hours of operation for commercial uses within the project shall consider their proximity and potential impacts to residential uses within the project and near the development site.

c. Site Access. Avoid loading and vehicular entries near pedestrian entries, open space, and high traffic areas, and locations that would disturb other users on the site.

d. Environmental Conflicts. Commercial uses that create noise, fumes, and light shall be designed to minimize any impacts on sensitive users of the site. Buildings shall be designed to minimize the impact of wind and shadows on open spaces on the development site and adjacent properties.

e. Architectural Design. Locate fenestration, decks, doors, and open spaces to minimize potential on-site conflicts between uses and users (e.g. residential and commercial uses).

(v) Projects on development sites of 3 acres or greater are permitted to contain up to 24,999 gross square feet of office use, and up to 24,999 gross square feet of retail use, regardless of the controls of the underlying zoning district.

(vi) Projects on development sites greater than .5 acre, but less than 3 acres, shall be subject to the Tier B affordable housing requirements of Section 419.3(b)(2) of this Code.

(Added as Sec. 823 by Ord. 206-06, File No. 060483, App. 7/25/2006; amended by Ord. 35-08, File No. 080156, App. 3/17/2008; 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. 204-14, File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; amended by Ord. 69-25, File No. 241208, App. 5/9/2025, Eff. 6/9/2025)

(Former Sec. 249.39 added by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014)

AMENDMENT HISTORY

Section 823 header and division (a) amended; former divisions (b) and (c) deleted and new divisions (b) and (c) added; Ord. 42-13, Eff. 4/27/2013. Division (a) amended; Ord. 56-13, Eff. 4/27/2013. Divisions (a) and (c)(9)(A) amended; Ord. 204-14, Eff. 11/8/2014. References amended in divisions (a) and (c)(10); Ord. 235-14, Eff. 12/26/2014. Division (c)(9)(A) amended; Ord. 14-18, Eff. 3/12/2018. Divisions (c)(9) and (c)(9)(A) amended; Ord. 115-19, Eff. 7/29/2019. Divisions (c) and (c)(9)(A) amended; Ord. 22-23, Eff. 3/26/2023. Section redesignated as Sec. 249.39; divisions (c)(4)-(c)(4)(B) amended; former divisions (c)(6) and (c)(9)-(c)(9)(B) deleted; former divisions (c)(7), (c)(10), and (c)(11) redesignated as (c)(6), (c)(8), and (c)(9); former divisions (c)(8) and(c)(8)(A) redesignated as unnumbered and (B); new divisions (A), (c) (7), and (c)(7)(A) added; Ord. 70-23, Eff. 6/3/2023. Divisions (c)(7) and (c)(7)(A) deleted; division (c)(4)(A) amended; unnumbered division after (c)(6) designated as (c)(7) and amended; Ord. 69-25, Eff. 6/9/2025.

SEC. 249.40. POTRERO CENTER MIXED-USE SPECIAL USE DISTRICT.

(a) Purpose. The Potrero Center Mixed-Use Special Use District is intended to facilitate the continued operation of the shopping center located at 2300 16th Street, which is characterized by large formula retail sales and services, while providing an appropriate regulatory scheme for a potential phased mixed-use redevelopment of the shopping center in the future.

(b) Geography. The boundaries of the Potrero Center Mixed-Use Special Use District shall consist of Assessor's Block 3930A, Lot 002 as designated on the Zoning Map of the City and County of San Francisco and generally bound by Bryant Street to the west, 16th Street to the south, Potrero Avenue to the east, and Assessor's Blocks 3931A, 3921A and 3922A to the north.

(c) Controls. All provisions of the Planning Code shall continue to apply, except for the following:

(1) Floor Area Ratio. The maximum floor area ratio (FAR) set forth in Section 124 shall not apply to Retail Sales and Services uses or to Gym uses. The maximum FAR for Retail Sales and Service uses and Gym uses shall not exceed 3.0:1.

(2) Use Size Limitations for Retail Sales and Services and Gyms. The use size limitations and ratio requirements applicable to Retail Sales and Service uses and Gym uses of Sections 121.6(a), 803.9(g), 843.45 and 843.51 shall not apply. Retail Sales and Service uses and Gym uses are principally permitted, and the replacement of one such use or tenant by another such use or tenant in an existing store or gym, regardless of its size, is permitted. Newly constructed space for Retail Sales and Service uses or Gym uses larger than 25,000 gross square feet per use or the expansion of an existing Retail Sales and Services use or Gym use by more than 25,000 new gross square feet per use shall require conditional use authorization pursuant to the provisions of Section 303.

(3) Formula Retail. The Formula Retail requirements of Sections 303.1 and 843.46 shall not apply. Formula Retail uses shall be permitted, unless the use is otherwise prohibited or requires conditional use authorization pursuant to other subsections of Section 843.

(4) Housing Requirements. The Potrero Center is one of the largest properties in the UMU zoning district that provides a unique opportunity for a mixed-use project with the provision of a significant amount of affordable housing, through either on-site inclusionary units, a dedication of a portion of the land or the air rights of the property to the City. This would enable the City (or another affordable housing developer) to develop affordable housing on such dedicated portion or provide for a combination of both on-site inclusionary housing and land dedication. The City supports such affordable housing production in this location, rather than in an off-site location or locations. The provisions of Table 419.5 shall be modified to increase the off-site affordable unit election and in lieu fee election requirements from 27 percent to 30 percent of the total number of units produced in the principal project. The findings of Section Section1 419.5(a)(2) concerning the provision of affordable housing are incorporated herein by reference.

(5) Land Dedication Election. The Land Dedication Alternative for the provision of inclusionary housing units specified in Section 419.5(a)(2) may be satisfied incrementally over time in the event that portions of the SUD are redeveloped in phases and may be satisfied through the dedication to the City of air space parcels above or adjacent to retail, parking or other uses, as well as through dedications of land, upon the approval of the Mayor’s Office of Housing or a successor entity, and provided the requirements of Section 419.5(a)(2) are otherwise satisfied. (Added by Ord. 304-08, File No. 081334, App. 12/19/2008; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Reference amended in division (c)(3); Ord. 235-14 , Eff. 12/26/2014. Division (c)(2) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (c)(4) and (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. CODIFICATION NOTE

1. So in Ord. 63-20.

SEC. 249.40A. [REDESIGNATED.]

(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)

SEC. 249.41. 901 BUSH STREET SPECIAL USE DISTRICT.

(a) In order to facilitate development of the 901 Bush Project in a manner consistent with City policies and neighborhood character, there shall be the 901 Bush Special Use District consisting of Assessor's Block 0282, Lot 001 as designated on the Zoning Map of the City and County of San Francisco and generally bounded by Bush Street to the north, Taylor Street to the East, and Assessor's Block 0282 Lots 017 and 022 to the west and south, respectively.

(b) All the applicable provisions of the Planning Code for RC-4 Districts shall apply within this Special Use District except for the following:

(1) Residential Density. The maximum density ratio for Dwelling Units in RC-4 Districts as set forth in RC Zoning Control Table shall not apply. Density in the Special Use District shall not exceed one Dwelling Unit for each 120 square feet of lot area.

(2) Rear Yard. The rear yard requirements established by Section 134 of this Code shall not apply. The rear yard depth shall be 9 percent of total lot depth.

(3) Open Space. The dimensional requirements for useable open space established by Section 135(g) of this Code shall not apply.

(4) Affordable Housing. Notwithstanding the terms of Sections 415 et seq. of this Code, and due to the unique circumstances of the site, the existing building, and the property's history; the existing residential project within this Special Use District shall contain five on-site inclusionary affordable housing units that meet all other requirements of Sections 415 et seq.

(c) The terms of this Special Use District shall apply only to the existing building on the subject lot and all successor lots or units that may be created though a subdivision. Any demolition, new construction, or building additions within this Special Use District shall be subject to all applicable terms of the Planning Code in effect at the time of the demolition, new construction, or building addition.

(Added by Ord. 175-08, File No. 080850, App. 7/30/2008; amended by Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Division (b)(5) references corrected; Ord. 62-13 , Eff. 5/10/2013. Division (b)(1) amended; former division (b)(4) deleted and former division (b)(5) redesignated as (b)(4); Ord. 22-15, Eff. 3/22/2015.

SEC. 249.41A. [REPEALED.]

(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.

SEC. 249.42. INDIA BASIN INDUSTRIAL PARK SPECIAL USE DISTRICT.

In order to provide continued enhancement and protection of certain retail, office, and social service uses in the India Basin Industrial Park area, and to generally retain setback requirements previously required under the India Basin Industrial Park Redevelopment Plan, there shall be an India Basin Industrial Park Special Use District, the boundaries of which are shown on Sectional Map Nos. SU08 and SU10 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within this Special Use District:

(a) Parcels in close proximity to Third Street. Parcels numbers 5203/043, 5203/083, 5203/084, 5211/028-054, 5235/012, 5235/015, 5242/001, 5242/002, 5242/007, and 5242/031, are subject to the provisions of the PDR-2 District except as provided below:

(1) Office Uses. Office uses, as defined in Planning Code Section 102 shall not be subject to the use size limits for Office uses in the PDR-2 District set forth in the PDR Zoning Control Table and the non-residential use size limits in the PDR-2 District set forth in the PDR Zoning Control Table, however, a new or expanded Office use is not permitted if the total amount of Office use on one of the parcels designated above would exceed 50,000 gross square feet.

(2) Retail Uses. Retail Sales and Service uses as defined in Section 102 shall not be subject to the use size limits for Retail uses in the PDR-2 District set forth in the PDR Zoning Control Table and the non-residential use size limits for the PDR-2 District set forth in the PDR Zoning Control Table, however, any individual new or expanded Retail use that contains a gross floor area greater than 5,999 square feet shall require Conditional Use authorization pursuant to Section 303 and must comply with the criteria of Sections 121.2(a)(1) through (3) of this Code.

(3) Institutional Uses. Social Service and Philanthropic Facilities as defined in Section 102 shall not be subject to the use-size limit for the PDR-2 District set forth in the PDR Zoning Control Table. Child-Care facilities as defined in

Section 102 shall be principally permitted. Health Service uses, as defined in Section 102 of this Code, primarily providing outpatient care in medical, psychiatric or other healing arts shall be principally permitted if the gross floor area of such facility is less than 7,000 square feet. Such clinics may be affiliated with a medical institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. Health Service uses primarily providing outpatient care in medical, psychiatric or other healing art with a gross floor area equal to or greater than 7,000 square feet, whether or not affiliated with a Hospital, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans, shall require Conditional Use authorization pursuant to Section 303.

(4) Off-Street Parking. The minimum off-street parking requirements set forth in Section 151.1 of this Code shall not apply. However, for the purpose of determining the maximum amount of parking allowed as an accessory use under Section 204.5, the amount of parking required shall be the amount set forth in Section 151.1.

(b) Front Setbacks. All parcels within this Special Use District shall provide landscaped front setbacks at depths and along frontages identified in this Subsection. The intent is to maintain and reinforce existing landscaped front setbacks, including the landscaped berms, India Basin Industrial Park signs, and tree hedges. Such setbacks shall be completely and appropriately landscaped and shall remain unpaved and devoted to plant material, excepting reasonable space necessary for ingress and egress to properties. Except as set forth in this Subsection for corner properties, only those permitted obstructions identified in Section 132(f) shall be permitted within such front setback. Corner properties with frontage along more than one street identified below shall provide the required setback along all applicable frontages with two exceptions: (1) the required setback along each frontage may be reduced to the depth of the front setback of an existing building on an adjacent lot along the same frontage, provided that the adjacent building occupies at least half of the width of the adjacent lot, and (2) building elements may extend into portions of the required setback, resulting in an irregular setback, provided that the total area of the resulting setback along each frontage is at least equal to the total area of the setback that would otherwise be required. The required front setbacks are as follows:

• (1) Third Street, east side, north of Burke Avenue, 10 feet.

• (2) Third Street, east side, south of Burke Avenue, 15 feet.

• (3) Evans Avenue, north side, 15 feet.

• (4) Evans Avenue, south side between Third Street and Mendell Street, 15 feet.

• (5) Cargo Way, south side, 15 feet.

(Added by Ord. 68-09, File No. 081561, App. 5/1/2009; amended by Ord. 141-09, File No. 090420, App. 7/2/2009; Ord.

26-12 , File No. 111078, App. 2/14/2012, Eff. 3/15/2012; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 306-18, File No. 180935, App. 12/21/2018, Eff. 1/21/2019; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (a) and [former] (a)3. amended; Ord. 26-12 , Eff. 3/15/2012. Former divisions (a)1.-4. redesignated as (a)(1)-(4) and amended; former divisions (b)1.-5. redesignated as (b)(1)-(5); Ord. 22-15, Eff. 3/22/2015. Division (a) amended; Ord. 306-18, Eff. 1/21/2019. Division (a)(4) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.43. THIRD STREET AND LE CONTE AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide for affordable rental opportunities for very low and lower income households, there shall be a Third Street and Le Conte Avenue Affordable Housing Special Use District at 6600 Third Street located at the northeast corner of the block bounded by Le Conte Avenue, Third Street and Keith Street, consisting of Lot 9 of Assessor's Block 5476, as designated on Sectional Map SU10 of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct all of the units of a housing development for very low income or lower income households shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.

• (b) For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of at least 2.3 times the otherwise maximum allowable residential density under the applicable RM-1 zoning ordinance (one unit per 800 square feet of lot area), which is equivalent to an additional 40 units over the currently permitted 33 units.

(2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of very low or lower income.

(3) "Housing development" shall mean five or more dwelling units.

(4) "Lower income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a lower income family of a size

equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(5) "Very low income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a very low income family of a size equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(c) In this special use district all of the provisions of this Code applicable to residential development in an RM-1 Zoning District shall continue to apply, except as specifically provided in Subsection (d).

(d) In this special use district a modification to, or exception from, otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A planned unit development approval for a housing development subject to this Section may grant the density bonus and the following modifications and exceptions to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 304(d) of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.

(1) A modification of or exception to the off-street parking requirements of Section 151.1 of this Code to allow a reduction in the number of required parking spaces to 21 spaces; and;

(2) A modification of or exception to the rear yard requirements of Section 134 of this Code; and

(3) A modification of the height measurement point to allow the building height to be measured from the mid-point of the Third Street frontage.

(e) In evaluating a planned unit development use application to grant the density bonus and modifications to or exceptions from the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.

(f) In the event that a building or site permit for the units as described in Subsection (a) has not been issued by December 31, 2014, the controls of this Section 249.43 shall expire on January 1, 2015.

(Added by Ord. 262-09, File No. 091036, App. 12/18/2009; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY Division (d)(1) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.44. HUNTERS VIEW SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Hunters View Special Use District is hereby established for the Hunters View Housing Authority site within the City and County of San Francisco.

(b) Purpose. The San Francisco Housing Authority, in partnership with the San Francisco Redevelopment Agency, proposes to demolish the existing public housing on the Hunters View site and to develop a mixture of public housing, affordable rental and ownership housing, and market-rate housing to replace it. It is anticipated that the project will be developed in multiple phases. Proceeds from the sale of the market rate units will be used to cross-collateralize the construction of the public housing and rental units. In order to achieve a successful program, the density of the Hunters View site will be increased from 267 units to up to 800 units. Due to the difficult topography of the site, such density cannot be achieved without an increase in the density limit for the site. Similarly, because of the desire to integrate key non-residential supportive uses, allowances for some non-residential uses will be necessary.

r to achieve a successful program, the density of the Hunters View site will be increased from 267 units to up to 800 units. Due to the difficult topography of the site, such density cannot be achieved without an increase in the density limit for the site. Similarly, because of the desire to integrate key non-residential supportive uses, allowances for some non-residential uses will be necessary.

(c) Density. The Planning Department may approve individual phases of a project within the Hunters View Special Use District at a density that exceeds the limitations of the underlying use district if:

(i) the subject phase of the project was contemplated by and authorized as part of a planned unit development for the site authorized by the Planning Commission under Section 304 of this Code; and

(ii) the subject phase of the project is in general conformity with any Design for Development or other design guidelines approved by the Planning Commission as part of the planned unit development.

(d) Uses. Notwithstanding any restrictions on uses in the underlying zoning applicable to the Hunters View Special Use District, or that are set forth in Planning Code Section 304, 304(d)(5), or other sections of this Code, uses that are either principally or conditionally permitted within an NC-1 District are principally permitted within the Hunters View Special Use District if the criteria set forth in subsection (c) above are met.

For purposes of this section, a project phase may include subdivisions and the establishment of new uses through tenant improvements.

(Added by Ord. 201-08, File No. 080692, App. 8/22/2008)

Editor's Note:

This section originally was designated 249.39 when enacted by Ord. 201-08. The section was redesignated at the request of the City in order to avoid conflicting with previously existing material.

SEC. 249.45. VISITACION VALLEY/SCHLAGE LOCK SPECIAL USE DISTRICT.

A Special Use District entitled the "Visitacion Valley/Schlage Lock Special Use District" is hereby established for a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map SU10 of the Zoning Maps of the City and County of San Francisco, and which includes properties generally fronting Bayshore Boulevard between Tunnel Avenue in the north and the San Francisco/San Mateo County line in the south, and properties fronting Leland Avenue between Bayshore Boulevard and Cora Street. The following provisions shall apply within the Special Use District:

(a) Purpose. This Special Use District is intended to facilitate the conversion of the vacant Schlage Lock site into a vibrant, transit-oriented mixed use development which will be a model of sustainability and to provide for infill development on vacant and underdeveloped properties along Bayshore Boulevard and Leland Avenue.

The Special Use District includes two zones - Zone 1 and Zone 2, as defined below. Within Zone 1, an increase of height and allowable density via form-based development controls will be required in order to achieve sufficient densities to support a transit-oriented development, to support certain neighborhood-commercial uses such as a moderate-sized supermarket, and to achieve the community's goals for a vibrant, well-designed model of sustainability. Within both Zones 1 and 2, in order to achieve a successful program, additional design guidelines will be required.

Therefore, the Visitacion Valley/Schlage Lock Design for Development and the Open Space and Streetscape Master Plan, both as adopted by the Planning Commission and periodically amended as provided herein, were developed to provide the specific Development Controls and Design Guidelines which, in cooperation with underlying San Francisco

Planning Code requirements and the requirements of this Special Use District, will regulate development within the Special Use District and guide it towards the goals described above.

A Development Agreement, approved by the Board of Supervisors in Ordinance No. 149-14 , applies to Zone 1 of this Special Use District.

(b) Definitions.

"Development Agreement" shall mean the Development Agreement By and Between the City and County of San Francisco and Visitacion Development LLC, a Subsidiary of the Universal Paragon Corporation Relative to the Development Known as The Schlage Lock Development Project, approved by the Board of Supervisors in Ordinance No. 149-14 .

"Old Office Building" shall mean the existing historic building at the northern corner of Zone 1 and located at 2201 Bayshore Boulevard.

"Open Space and Streetscape Master Plan" shall mean the document adopted by the Planning Commission in Resolution No. 19163, approved by the Board of Supervisors as part of this Special Use District, and found in Clerk of the Board File No. 140445, and as may be amended from time to time. The Open Space and Streetscape Master Plan is herein incorporated by reference.

"Visitacion Valley/Schlage Lock Design for Development" or "Design for Development" shall mean the document adopted by the Planning Commission in Resolution No. 19163, approved by the Board of Supervisors as part of this Special Use District, and found in Clerk of the Board File No. 140445, and as may be amended from time to time. The Design for Development is herein incorporated by reference.

"Zone 1" shall have the meaning set forth in the Design for Development, and shall generally mean the Schlage Lock industrial site, located at the southern border of San Francisco where Bayshore Boulevard converges with Tunnel Avenue. "Zone 2" shall have the meaning set forth in the Design for Development, and shall generally mean the segments of Bayshore Boulevard and Leland Avenue adjacent to the Schlage Lock site.

he meaning set forth in the Design for Development, and shall generally mean the Schlage Lock industrial site, located at the southern border of San Francisco where Bayshore Boulevard converges with Tunnel Avenue. "Zone 2" shall have the meaning set forth in the Design for Development, and shall generally mean the segments of Bayshore Boulevard and Leland Avenue adjacent to the Schlage Lock site.

(c) Controls Generally. Development in the Special Use District shall be regulated by the controls contained in the Design for Development, as adopted by the Planning Commission and periodically amended, the controls specifically enumerated in this Section 249.45, and the Planning Code, to the extent such controls do not conflict with the Development Agreement. Where not explicitly superseded by definitions or controls established in the Design for Development or this Section 249.45, the definitions and controls of the Planning Code shall apply. All procedures and requirements of Article 3 shall apply to this Special Use District to the extent that they are not in conflict with this Section or the Development Agreement.

The Planning Commission may amend the Design for Development or the Open Space and Streetscape Master Plan upon initiation by the Planning Department or upon application by an owner of property within the Special Use District (or his or her authorized agent) to the extent that such amendments are consistent with this Special Use District, the General Plan, and the approved Development Agreement.

(d) Controls in Zone 2. Development in Zone 2 of the Special Use District shall be regulated by the relevant requirements of the Planning Code and shall generally conform to the Design Guidelines contained within the Design for Development. The Design Controls of the Design for Development shall not apply to development in Zone 2.

(e) Controls in Zone 1. Development in Zone 1 of the Special Use District shall be regulated by the controls contained in this Section 249.45(e) and the Design for Development. Where not explicitly superseded by definitions and controls established in this Section 249.45(e) or the Design for Development, the definitions and controls in this Planning Code shall apply except where those controls conflict with the Development Agreement. The following shall apply only in Zone 1 of the Special Use District:

(1) Impact Fees. Although the Mixed Use-General District (MUG) zoning designation is used in Zone 1, the Special Use District is located outside of the Eastern Neighborhoods Plan Area and therefore the Eastern Neighborhoods Impact Fees and Public Benefits Fund requirements set forth in Section 423 shall not apply.

(2) Use Requirements.

(A) Permitted and Conditional Uses. Uses are defined as set forth in Article 8 of this Code unless otherwise specified in this Section 249.45. Except as specifically set forth below, all uses principally permitted in the MUG are principally permitted and all uses requiring a conditional use approval in the MUG shall require a conditional use approval.

(B) Formula Retail Uses. Formula Retail uses as defined in Section 303.1, except those uses set forth in subsection (e)(2)(C) below, shall be principally permitted subject to the following requirements:

(i) Within 21 days of the filing of a building permit application for formula retail use and the determination by the Planning Department that the application is complete for the purposes of its review and complies with all relevant Planning Code provisions, including this Special Use District and the Design for Development, notice shall be mailed to owners and occupants within 300 feet of the subject property, anyone who has requested a block book notation, and the relevant neighborhood group list for Visitacion Valley for a 30-day public review and comment period. This notice shall comply with the noticing requirements of Section 312. During this public review period, members of the public may request a project sponsor-hosted public meeting to be held on or proximate to the proposed project site. Such a meeting is only required if at least two members of the public submit such a request in writing to the Planning Department. If such a meeting is required, it shall take place after the close of the public review period and prior to any decision by the Planning Director, or the Planning Commission if required, to approve such an application. A representative from the Planning Department shall attend any such meeting. Documentation that the meeting took place shall be submitted to the Planning Department consistent with the Department's pre-application meeting proof of meeting requirements and shall be kept with the project file. The Planning Director, or Planning Commission if required, shall not approve a formula retail project prior to any such required meeting.

(ii) The Planning Director shall retain the discretion to disapprove a proposed formula retail use, with the exception of those uses set forth in section (iii) below, based on but not limited to the following considerations: the concentration of formula retail uses in the area; the demand for the proposed goods or services; and the use mix and other uses within 1/4 mile of the proposed use.

(iii) Grocery stores, pharmacies, and financial services, except fringe financial services, shall be exempted from sections (i) and (ii) above.

• (C) Prohibited Uses. The following uses shall be prohibited within this Special Use District:

• (i) Auto repair services;

(ii) Office, except in existing buildings or as an accessory use to other permitted uses. The floor controls set forth in Section 803.9(e) for the MUG zoning designation shall not apply to office use in the Old Office Building or to the existing building located on Assessor’s Block and Lot No. 5100-007;

• (iii) Wholesale sales;

• (iv) Motor vehicle repair;

• (v) Automobile tow;

• (vi) Storage and distribution;

• (vii) Surface parking lots;

(viii) Commuter or park-and-ride parking, defined as any automobile parking in a garage or lot that is available for parking for longer than four hours and available for use by individuals who are not residents, workers, or visitors to the uses in the Special Use District or the immediate vicinity; and

• (ix) Drive-through establishments.

(D) Temporary Uses. A temporary use may be authorized by the Planning Director for a period not to exceed 4 years if the Director finds that such use: (i) will not impede orderly development within the Special Use District; (ii) is consistent with this Special Use District, the Design for Development, Open Space and Streetscape Master Plan, and

Development Agreement; and (iii) would not pose a nuisance to surrounding residential uses. In addition to those uses set forth in Section 205, such interim uses may include but are not limited to: mobile or temporary retail or food/beverage services; farmers' markets; arts or concert uses; temporary parking; and rental or sales offices incidental to new

development. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

(3) Density of Dwelling Units. Dwelling unit density shall be governed by the controls set forth in the Design for Development. The maximum number of dwelling units within Zone 1 shall be 1,679 units.

(4) Residential Affordable Housing Requirement. The provisions of Section 415 shall apply except as otherwise agreed to in the Development Agreement.

(5) Retail Size Limits. There shall be no retail size limits for grocery stores.

(6) Building Standards.

(A) Vertical Control for Office. Vertical floor controls for office set forth in Section 803.9 shall not apply in existing buildings on the site.

(B) Height. Height of a building or structure shall be defined, measured, and regulated as provided for in Sections 102 and 260 where applicable, and as below in the following scenarios:

(i) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, the measurement point shall be taken at the back of sidewalk level on such a street. The plane determined by the vertical distance at such point may be considered the height limit at the opposite (lower) end of the lot, provided the change in grade does not enable an additional story of development at the downhill property line. This takes precedence over Section 260(a)(1)(B).

(ii) Where the change in grade does enable an additional floor of development, height must be measured from the opposite (lower) end of the lot.

(iii) Where there is conflict with Section 102 or Section 260 of the Code, the requirements of this Special Use District shall apply.

(iv) In addition to the exceptions listed in Section 260(b), the following shall also be exempt from the height limits:

(aa) Architectural elements related to design of rooftop open space, such as open air roof terraces, which shall not be enclosed, but may include partial perimeter walls if required for safety.

(bb) The corner portion of occupied space on the northeastern corner of Leland Avenue and Bayshore Boulevard may extend up to ten feet above the maximum height, provided: its dimension along each facade is no greater than the distance to the facade's nearest massing break or facade design feature used to reduce the building's visual scale on the floor below (see Design for Development, Massing Guideline 2); and it is part of a common, private open space consistent with Design Guideline 4 in the Private Open Space section of the Design for Development or is designed as a solarium per Section 134(f)(4).

(C) Building Bulk. Bulk and mass limitations shall be as follows:

(i) No building wall that fronts a street or other publicly accessible right-of-way may exceed a maximum continuous length of 100 feet without a massing break or change in apparent face. Massing breaks or changes in apparent face may be accomplished through the options set forth in the Design for Development.

(ii) Building facades shall incorporate design features at intervals of 20-30 feet (measured horizontally along the building facade) that reduce the apparent visual scale of a building. Such design features may include but are not limited to window bays, porches/decks, setbacks, changes to facade color, or building material.

(iii) The floor plates of upper floors of building, defined as the top 1-2 floors, shall have setbacks equal to a minimum of 15% of the floor plate size relative to the floor immediately below, except for those parcels designated as 10, 11, and 12 in the Design for Development where the minimum shall be 10%. A minimum of 1/3 of the required setback area shall be a full two stories in height, as set forth in the Design for Development.

(D) Unit Mix. At least 30 percent of the dwelling units in each building with residential uses shall contain at least two bedrooms.

(E) Front Setbacks. Front setbacks are not permitted along Bayshore Boulevard and Leland Avenue. Front setbacks are required along Raymond Avenue, where buildings shall be set back five to eight (5-8) feet. In all other areas,

setbacks may range from zero to a maximum of eight (0-8) feet. The setback shall be consistent along major building bays.

(F) Required Ground Floor Commercial Frontages. Ground floor retail uses are required along the western sections of Leland Avenue, as described in the Design for Development, and as set forth in Design for Development Figure 2.2.

(G) Required Ground Floor Residential Entrances. Residential entrances are required to line streets, as described in the Design for Development, and as set forth in Design for Development Figure 2.2.

(H) Usable Open Space for Non-Residential Uses. Non-residential uses are not required to provide usable open space.

(I) Usable Open Space for Dwelling Units. Usable open space meeting the standards of Section 135 shall be provided for each dwelling unit in the following ratios: 60 square feet if private; or 50 square feet if common. Space in a public right-of-way, publicly-accessible pathways (as illustrated in Figure 2.4 of the Design for Development), or public open space required by the Development Agreement, including Leland Park, Visitacion Park, or Blanken Park (each as defined in the Design for Development), shall not be counted toward satisfaction of the requirements of this subsection.

(7) Off-Street Automobile Parking. Off-street accessory parking shall not be required for any use, and may be provided in quantities up to the maximum number of spaces specified in Table 1 below.

Table 1. Off-Street Parking Limits.

(A) An individual building may exceed applicable accessory off-street parking ratios by up to 10% without being considered a Major Modification, Minor Modification, or otherwise inconsistent with the Special Use District or the Design for Development so long as the total maximum accessory off-street parking permitted for Zone 1 is not exceeded at full Zone 1 build out.

(B) Collective provision and joint use of required off-street parking. Off-street parking spaces for all uses other than residential shall be located on the same lot as the use served, as an accessory use; or within a distance of no more than 800 feet, consistent with the use provisions applicable to the district in which such parking is located.

(8) Car-Share Parking. Required car-share spaces available to a certified car-share organization meeting the requirements of Section 166 may be provided as follows: on the building site; or at an on-street or off-street location within 800 feet of the building site and clustered near key locations such as transit nodes or retail.

(9) Modifications to Building Standards. Modification of the controls set forth in this Section 249.45(e) and the Design for Development may be approved on a project-by-project basis as follows:

(A) No Modifications or Variances Permitted. No modifications or variances are permitted for the following standards: parking maximums or height limits. Except as explicitly provided in subsections 249.45(e)(9)(B) and (C) below, no other standard set forth in this Special Use District or in the Design for Development may be modified or varied.

(B) Major Modifications. A "Major Modification" is any deviation of more than 10 percent from any quantitative standard in this Special Use District or the Design for Development. A Major Modification may be approved only by the Planning Commission at a public hearing according to the procedures set forth in subsection 249.45(e)(11)(G), and the

Planning Commission's review at such hearing shall be limited to the Major Modification. Without limitation, each modification listed below in Table 2. Major Modifications is a Major Modification.

Table 2. Major Modifications

Bulk and Massing. A deviation of more than 10 percent from any numerical standard set forth in Section 249.45(e)(6)(C) and the Massing Section (Controls 1-3) of the Design for Development. Ground Floor Entrances. A deviation of more than 10 percent from any dimensional standard set forth in the Residential Entrances & Retail Entrances controls in the Design for Development. Private Open Space. Modification of any numerical standard forth in Section 249.45(e)(6)(I) and the Private Open Space Section Controls of the Design for Development. Car Sharing. Modification of any car-sharing numerical standard set forth in Section 249.45(e)(8) and in the Off-Street Parking Requirements Section of the Design for Development. Public Realm. A deviation of more than 10 percent from any dimensional standard set forth in the Street and Pathway Design Controls Section and the Public Open Space Controls Section of the Design for Development.

Notwithstanding any other provisions of this Section, the Planning Director may refer a proposed Modification, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the standards set forth in the Design for Development. The Planning Commission may not impose conditions of approval that conflict with the Development Agreement.

(C) Minor Modifications. Any modification to the building standards of this Special Use District and contained in the Design for Development not considered a Major Modification pursuant to subsection (B) above shall be considered a Minor Modification. Except as permitted in accordance with subsection (B) above, a Minor Modification is not subject to review by the Planning Commission and may be approved by the Planning Director according to the procedures described in subsection 249.45(e)(11)(F).

contained in the Design for Development not considered a Major Modification pursuant to subsection (B) above shall be considered a Minor Modification. Except as permitted in accordance with subsection (B) above, a Minor Modification is not subject to review by the Planning Commission and may be approved by the Planning Director according to the procedures described in subsection 249.45(e)(11)(F).

(10) Development Phase Review and Approval. No application for an individual building project shall be approved unless it is consistent with and described in an approved Development Phase Application, as described in the Development Agreement. The Development Phase Approval process, as set forth in greater detail in the Development Agreement, is intended to ensure that all buildings within a phase as well as new infrastructure, utilities, open space and all other improvements promote the purpose of the Special Use District and meet the requirements of the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Master Plan. Each Development Phase Application shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, including implementation of all applicable mitigation measures, consistent with the Development Agreement, Design for Development, Open Space and Streetscape Master Plan, and any other supporting documents to the Development Agreement. Implementation of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as set forth in the Development Agreement.

(11) Design Review and Approval. The design review process is intended to ensure that all new buildings within Zone 1, the public realm associated with each new building, and any community improvements exhibit high quality architectural design, promote the purpose of the Special Use District, and meet the requirements of the Design for Development and Open Space and Streetscape Master Plan. Design review by the Planning Department is required for the construction, expansion, or major alteration of or additions to all structures within this Special Use District, as well as construction of any parks over ½ acres in size that will not be acquired by the Recreation and Park Department.

(A) Pre-application Meeting. Prior to filing any site and/or building permit application, the project sponsor shall conduct a minimum of one pre-application meeting. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department's pre-application meeting procedures, including but not

limited to the submittal of required meeting documentation. A Planning Department representative shall attend such meeting.

(B) Staff Consistency Review. All site and/or building permit applications for construction of new buildings or major alterations of or major additions to existing structures within Zone 1 submitted to the Department of Building Inspection shall be forwarded to the Planning Department. The Planning Department shall review the applicable application to ensure consistency with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan, and other relevant Planning Code requirements. Department staffs consistency review shall be completed within sixty (60) days of the Department's determination that the application is complete, including submission of such documents and materials as are necessary to determine such consistency, including site plans, sections, elevations, renderings, landscape plans and exterior material samples to illustrate the overall concept design of the proposed new buildings (or major alterations or additions) and such other materials as may be necessary or appropriate given the permit, including any modifications, sought. Any submission must also identify its consistency with, or effect on, any phasing or other requirements relating to any Public or Community Improvements.

(C) Notification. After staff review described in section (B) above and no less than 30 days prior to Planning Director or Planning Commission action on an application, notice will be provided according to Section 312.

(D) Post-Application Meeting for Site and Building Permit Applications and Parks and Public Open Space Subject to Design Review. The following requirement applies to applications for site and/or building permits and parks or other public open space subject to design review and approval under this Subsection 249.45(e)(11). During the 30-day public review period under this Subsection 249.45(e)(11), the project sponsor shall hold a public meeting on or proximate to the proposed project site. A representative from the Planning Department shall attend any such meeting. Documentation that the meeting took place shall be submitted to the Planning Department consistent with the Department's preapplication meeting proof-of-meeting requirements and shall be kept with the project file. The Planning Director, or Planning Commission if required, shall not approve a such a project prior to any such required meeting.

(E) Staff Report. Upon completion of staff consistency review, staff will issue a Staff Report to the Planning Director describing consistency of the proposed project with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan, and other relevant Planning Code requirements, and stating a recommendation on any modifications, if any, being sought. Such Staff Report shall be delivered to the applicant no less than 10 days prior to Planning Director action on any application, including any Modification, and shall be kept on file for public review.

, the Design for Development, and the Open Space and Streetscape Master Plan, and other relevant Planning Code requirements, and stating a recommendation on any modifications, if any, being sought. Such Staff Report shall be delivered to the applicant no less than 10 days prior to Planning Director action on any application, including any Modification, and shall be kept on file for public review.

(F) Director Determination. The Planning Director's approval or disapproval of any such Application, along with any Minor Modification if applicable, shall be limited to a determination of its compliance with this Section, the Design for Development, and the Open Space and Streetscape Master Plan, as applicable. If the project is consistent with the quantitative standards set forth in the Special Use District, the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Plan, the Planning Director's discretion to approve or disapprove the project shall be limited to the project's consistency with the Design for Development and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Minor Modifications, in accordance with the procedures of subsection (G)(ii) below.

(G) Approvals and Public Hearings.

(i) Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan.

(ii) Projects Seeking Major Modifications. The Planning Commission shall hold a public hearing for all projects seeking one or more Major Modifications and for any project seeking one or more Minor Modifications that the Planning Director, in his or her sole discretion, refers to the Commission. The Planning Commission shall consider all

comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the project design, including the granting of any Major or Minor Modifications.

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

ant, to property owners and occupants within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and by posting on the subject property at least 10 days prior to the date of the hearing.

(12) Design Review and Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Plan requirements an application for design review shall be submitted to the Planning Department and design review approval granted by the Planning Director, or the Planning Commission if required, consistent with the Development Agreement before any separate permits are obtained for the construction of any Community Improvement within or adjacent to the Special Use District.

(13) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects within Zone 1.

(14) Appeal and Decision on Appeal. The decision of the Planning Director to grant or deny any project, including any Minor Modification, or of the Planning Commission to grant or deny any Major Modification, may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body. A decision of the Planning Commission with respect to a Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1.

(Added by Ord. 73-09, File No. 090223, App. 5/8/2009; amended by Ord. 150-14, File No. 140445, App. 7/24/2014, Eff.

8/23/2014; 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. 47-25, File No. 250125, App. 4/17/2025, Eff. 5/18/2025)

AMENDMENT HISTORY

Section amended essentially in its entirety, Ord. 150-14, Eff. 8/23/2014. Divisions (e)(2)(B), (e)(6)(B)- (B)(iii) amended; Ord. 202-18, Eff. 9/10/2018. Division (e)(2)(C)(ii) amended; Ord. 296-18, Eff. 1/12/2019. Division (e)(2)(C)(ii) amended; Ord. 47-25, Eff. 5/18/2025.

Editor's Note:

This section originally was designated 249.40 when enacted by Ord. 73-09. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section subsequently has been amended under its current number, as documented in the history note above.

SEC. 249.46. VETERANS COMMON SPECIAL USE DISTRICT.

In order to facilitate the development of the Veterans Commons Project for homeless veterans, that shall be a Veterans Commons Special Use District, consisting of Assessor's Block No. 3513, Lot No. 07, at the street location address 150 Otis Street, and as designated on Sectional Map No. SU07 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within the Veterans Common Special Use District:

of the Veterans Commons Project for homeless veterans, that shall be a Veterans Commons Special Use District, consisting of Assessor's Block No. 3513, Lot No. 07, at the street location address 150 Otis Street, and as designated on Sectional Map No. SU07 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within the Veterans Common Special Use District:

(a) Construction of Affordable Housing Project. The property in the Veterans Commons Special Use District may be converted from public institutional special to a residential housing project with attendant meeting rooms, community kitchens and ancillary services, and property management offices.

(b) Controls. Notwithstanding any other provisions of this Code, the following controls shall govern uses in this Special Use District:

(1) This Special Use District shall permit uses consistent with the RTO (Residential Transit Oriented) subject to the exceptions listed below:

• (A) Rear Yard. The rear yard requirements under Section 134 shall not apply.

• (B) Usable Open Space. The usable open space requirements under Section 135(d) shall not apply.

• (C) Sunlight and Dwelling Unit Exposure. The sunlight and dwelling unit exposure requirements of Section 140 shall not apply to any west facing units.

• (D) Section 155.2 Bicycle Parking. Bicycle parking requirements under Section 155.2 shall not apply.

• (E) Section 207.6 Dwelling Unit Mix. The two-bedroom unit requirements under Section 207.6 shall not apply.

(2) Density. Notwithstanding the density requirements in the Zoning Control Table for the district in which the lot is located, the Special Use District shall allow up to 76 dwelling units (or a ratio of no less than 89.41 sq. ft./dwelling) in a single building.

(3) On-site Social Services. The area dedicated to on-site social services/special service provision shall be no greater than 6,300 sq. ft. and shall be located in or below the ground story.

(Added by Ord. 110-10, File No. 100330, App. 5/27/2010; amended by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff.

9/6/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Former divisions (b)(1)(i)-(v) redesignated as (b)(1)(A)-(E); division (b)(1)(D) amended; Ord. 183-13 , Eff. 9/6/2013. Division (b)(2) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 249.47. 1500 PAGE STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.

(a) General. A special use district entitled the "1500 Page Street Affordable Housing Special Use District,"consisting of Assessor's Block 1223, Lot 004, is hereby established for the purposes set forth below. The boundaries of the 1500 Page Street Affordable Housing Special Use District are designated on Sectional Map No. SU06 of the Zoning Map.

(b) Purpose. The purpose of the special use district is to facilitate the rehabilitation of a vacant residential care facility to be used for up to 16 residential dwelling units for persons who qualify as "lower income households" or "very low income households," as defined by this Section 249.47, and one manager's unit.

• (c) Definitions. For purposes of this Section, the following definitions shall apply:

(1) "Lower income households" shall be as defined in Section 50079.5 of the California Health and Safety Code.

(2) "Very low income households" shall be as defined in Section 50105 of the California Health and Safety Code.

(d) Use Controls. In this special use district, all applicable provisions of the Planning Code shall continue to apply, except as otherwise provided in this Section 249.47. A conditional use approval shall be required for any development subject to this Section 249.47 and such conditional use may modify or grant the following exceptions from or

modifications to the requirements of this Code if the facts presented establish that the exception or modification satisfies the criteria of subsections 303(c)(1) through 303(c)(3) of this Code. In determining whether to allow exceptions under this Section 249.47, the Planning Commission shall, in addition to the criteria set forth in Section 303(c) of this Code, consider the extent to which the project seeking the exception would be available to persons who qualify as "lower income households" or "very low income households."

The following exceptions to or modifications from the requirements of this Code are appropriate in order to further the goal of preserving and enhancing a residential use for persons who qualify as "lower income households" or "very low income households."

(1) Dwelling Unit Density. Dwellings for lower income households and very low income households plus one manager's unit at a density ratio of up to one dwelling unit for each approximately 295 square feet of lot area are permitted.

(2) Usable Open Space. There shall be a minimum of approximately 69 square feet of usable common space for each dwelling unit with a minimum horizontal dimension of 11 feet.

(3) Dimensions of Usable Open Space. One dimension in each of the proposed open spaces may be a minimum horizontal of 11 feet.

(4) Obstructions in Required Rear Yard. One fence/gate system no more than 11 feet in height may be permitted as an obstruction in the required rear yard.

(5) Obstructions in Required Front Setback. One fence/gate system no more than 11 feet in height may be permitted as an obstruction in the required front setback.

(6) Unit Exposure. The dwelling unit exposure requirement shall not apply to up to five units that face the north property line.

(7) Removal of Existing Off-Street Parking. The removal of two existing off-street parking spaces shall be permitted.

(e) Sunset Provision. This Section 249.47 shall expire five years after its initial effective date unless the development authorized by this Section has received a building permit or, in the case of a site permit, an addendum that authorizes construction of the development, or the Board of Supervisors extends or re-enacts this Section 249.47 before its expiration date. Upon expiration of this Section 249.47, the City Attorney shall cause it to be removed from the Planning Code. (Added by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

eceived a building permit or, in the case of a site permit, an addendum that authorizes construction of the development, or the Board of Supervisors extends or re-enacts this Section 249.47 before its expiration date. Upon expiration of this Section 249.47, the City Attorney shall cause it to be removed from the Planning Code. (Added by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

SEC. 249.49. TELEGRAPH HILL – NORTH BEACH RESIDENTIAL SPECIAL USE DISTRICT.

(a) Purposes. To regulate the amount of off-street parking and limit the installation of garages in all residential structures in order to ensure that they do not increase the level of automobile traffic, increase pollution, cause the removal of on-street parking spaces, or impair pedestrian use on narrow public rights-of-way in the District; and to preserve existing affordable housing by preventing the addition of off-site parking, which provides an incentive to convert existing affordable residential buildings to market-rate housing.

(b) Applicability. The provisions of this Special Use District shall apply to the RH and RM zoned parcels within the area bounded by Bay Street on the north, The Embarcadero and Sansome Street on the east, Broadway on the South, and Columbus Avenue on the west, as shown on Sectional Map SU01 of the Zoning Map.

(c) Controls.

(1) Number of Off-Street Residential Parking Spaces. Up to 0.5 parking spaces for each Dwelling Unit, subject to the controls and procedures of Section 249.49(c) and Sections 155(r) and 155(t). Not Permitted above this amount.

(2) Installation of a Parking Garage. Installation of a garage in an existing or proposed residential building of two or more units requires a mandatory discretionary review hearing by the Planning Commission. In order to approve the installation of any garage in these districts, the Commission shall find that: (1) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction of ground-story retail or commercial space; (2) the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit; (3) the building has not had two or more evictions within the past 10 years, with each eviction associated with a separate unit(s), (4) the garage would not front on an Alley pursuant to Section 155(r)(1) of this Code or on a public right-of-way narrower than 41 feet, and (5) the proposed garage opening/ addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code.

Prior to issuance of any required notification under Section 311 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the Department shall independently verify, and the Department shall determine whether the project complies with (4) and (5) above. If the project sponsor does not provide such signed affidavit, or the garage would front on an Alley or public right-of-way narrower than 41 feet, the Department shall disapprove the application and no Planning Commission hearing shall be required.

nd (3) above, which the Department shall independently verify, and the Department shall determine whether the project complies with (4) and (5) above. If the project sponsor does not provide such signed affidavit, or the garage would front on an Alley or public right-of-way narrower than 41 feet, the Department shall disapprove the application and no Planning Commission hearing shall be required.

(Added by Ord. 77-10, File No. 091165, App. 4/16/2010; amended by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

New division (b) added and former division (b) redesignated as current division (c); Ord. 176-12 , Eff. 9/6/2012. Divisions (a) and (c)(2) amended, Ord. 196-17, Eff. 11/4/2017. Divisions (c)(1), (c)(2), and final undesignated paragraph amended; Ord. 136-21, Eff. 9/4/2021. Division (c)(2) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.50. CANDLESTICK POINT ACTIVITY NODE SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Candlestick Point Activity Node Special Use District, the boundaries of which are designated on Sectional Map Nos. SU09 and SU10 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below. The Candlestick Point Activity Node Special Use District is generally bounded by Jamestown Avenue north of Hunters Point Expressway and south of Giants Drive to the south and southwest; Bayview Hill Park to the southwest; Gilman Park to the northwest; the southwest, northwest, and northeast outer boundaries of Alice Griffith Housing to the north; the San Francisco Bay shoreline along Candlestick Point State Recreation Area from Arelious Walker Drive to Hunters Point Expressway to the east and south. The boundaries of the Candlestick Point Activity Node Special Use District correlate with the boundaries of both the Candlestick Point Activity Node and Zone 1 of Area B of the Bayview Hunters Point Redevelopment Project Area, as amended on August 3, 2010. A large portion of the Candlestick Point State Recreation Area is included in this Special Use District.

int Expressway to the east and south. The boundaries of the Candlestick Point Activity Node Special Use District correlate with the boundaries of both the Candlestick Point Activity Node and Zone 1 of Area B of the Bayview Hunters Point Redevelopment Project Area, as amended on August 3, 2010. A large portion of the Candlestick Point State Recreation Area is included in this Special Use District.

(b) Purpose. The purpose of the Candlestick Point Activity Node Special Use District is to enable development of the Candlestick Point - Hunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, performance venue, and community uses) with significant open space and public realm improvements, as provided for in Zone 1 of the Bayview Hunters Point Redevelopment Plan, as amended on August 3, 2010, the Candlestick Point Design for Development document dated June 3, 2010, and the Candlestick Point Subarea Plan of the Bayview Hunters Point Area Plan of the San Francisco General Plan. Among its many goals, this Special Use District seeks to: create additional public parks and public open space, particularly along the waterfront; improve the quality, availability, and affordability of housing; build the Alice Griffith housing site; and provide commercial opportunities and jobs for residents of the Bayview. Integral to the intended mixed-use development is the provision of buildings at a variety of heights, ranging from approximately 40 feet to 420 feet tall.

(c) Controls. All provisions of the Planning Code that would otherwise apply in the Candlestick Point Activity Node Special Use District are superseded by the Bayview Hunters Point Redevelopment Plan, as amended on August 3, 2010, and the Candlestick Point Design for Development document dated June 3, 2010 except as provided therein. Amendments to land use and development controls under the Bayview Hunters Point Redevelopment Plan or to the Candlestick Point Design for Development document dated June 3, 2010 shall be as provided in each of those respective documents. (Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 249.51. HUNTERS POINT SHIPYARD PHASE 2 SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Hunters Point Shipyard Phase 2 Special Use District is hereby established for the purposes set forth below. The boundaries of the Hunters Point Shipyard Phase 2 Special Use District consist of Block 4591A, Lot 79, Block 4591C, Lots 010, 209 and 210, and Block 5491, Lot 211, as designated on Sectional Map No. SU09 of the Zoning Map of the City and County of San Francisco. The boundaries of the Hunters Point Shipyard Phase 2 Special Use District are depicted on the Land Use Map attached to the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010.

se District consist of Block 4591A, Lot 79, Block 4591C, Lots 010, 209 and 210, and Block 5491, Lot 211, as designated on Sectional Map No. SU09 of the Zoning Map of the City and County of San Francisco. The boundaries of the Hunters Point Shipyard Phase 2 Special Use District are depicted on the Land Use Map attached to the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010.

(b) Purpose. The purpose of the Hunters Point Shipyard Phase 2 Special Use District is to enable development of the Candlestick Point - Hunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, sports fields and stadium, artist space, and other community uses) with significant open space and public realm improvements, as provided for in the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010, the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010, and the Hunters Point Shipyard Area Plan of the San Francisco General Plan. Among its many goals, this Special Use

District seeks to: create additional public parks and public open space, particularly along the waterfront; improve the quality, availability, and affordability of housing; provide a possible site for an NFL stadium; and provide commercial opportunities and jobs for residents of the Bayview.

(c) Controls. All provisions of the Planning Code that would otherwise apply in the Hunters Point Shipyard Phase 2 Special Use District are superseded by the Hunters Point Shipyard Redevelopment Plan, as amended, dated August 3, 2010 and the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010 except as provided therein. Amendments to land use and development controls under the Hunters Point Redevelopment Plan or to the Hunters Point Shipyard Phase 2 Design for Development document shall be as provided in those respective documents. (Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 249.52. TREASURE ISLAND/YERBA BUENA ISLAND SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. In order to give effect to the Treasure Island/Yerba Buena Island Project as approved by the Board of Supervisors (File Nos. 110226 and 110291), there shall be a Treasure Island/Yerba Buena Island Special Use District as designated on Sectional Map SU14 of the Zoning Maps of the City and County of San Francisco. The boundaries of the Treasure Island/Yerba Buena Island Special Use District include all areas of Treasure Island and Yerba Buena Island as shown on Sectional Map ZN14. Any property within the Special Use District owned by the United States Department of Labor, United States Coast Guard, Federal Highway Administration or California Department of Transportation is hereby declared to be in a P (Public Use) District unless reclassified in accordance with the provisions of this Code. The purpose of this Special Use District is to facilitate the City's long-term goal of implementing the creation of a new City neighborhood on Treasure Island and Yerba Buena Island, which will provide benefits to the City such as significant amounts of new affordable housing, increased public access and open space, transportation improvements, extensive infrastructure improvements, and recreational and entertainment opportunities, while creating jobs and a vibrant, sustainable community. This Special Use District shall supersede, in its entirety, all other provisions of this Planning Code that would otherwise be applicable to Treasure Island and Yerba Buena Island except with respect to (1) Planning Code sections adopted by ballot proposition prior the effective date of the Ordinance adopting this Special Use District, which consist of the sections of the Planning Code adopted or amended by Proposition M (1986) (Section 101.1 [General Plan Consistency and Implementation], Section 164, and Sections 320-325); Proposition K (1984) (Shadow Ban) (Section 295); Proposition G (2002) (General Advertising Signs Prohibited) (Sections 602.7 and 611); and Proposition G (2006) (Limitation on Formula Retail in NC Districts) (Section 703.4); (2) any Planning Code sections adopted or amended in connection with this Special Use District, including Sections 105 (Zoning Map); 201 (Use Districts); 263.26 (Treasure Island/Yerba Buena Island Height and Bulk District) and 249.52 (Treasure Island/Yerba Buena Island Special Use District), and (3) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein).

de sections adopted or amended in connection with this Special Use District, including Sections 105 (Zoning Map); 201 (Use Districts); 263.26 (Treasure Island/Yerba Buena Island Height and Bulk District) and 249.52 (Treasure Island/Yerba Buena Island Special Use District), and (3) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein).

(b) Jurisdiction. Within this Special Use District, property subject to the public trust for commerce, navigation and fisheries and governed by the Treasure Island Conversion Act of 1997 (the "Tidelands Trust") is designated on Figures 1 and 2 as the Tidelands Trust Overlay Zone. The Treasure Island Development Authority ("TIDA"), as public trust grantee under the Treasure Island Conversion Act of 1997 ("Conversion Act"), has jurisdiction over any Vertical Development or uses in the Tidelands Trust Overlay Zone and any other tidelands or submerged lands within its jurisdiction pursuant to its authority under the Conversion Act, as well as Horizontal Development. The Planning Commission has jurisdiction over any Vertical Development or use of property that is not subject to Tidelands Trust, designated on Figure 1 as outside the Tidelands Trust Overlay Zone, and reserves review and approval rights over certain Vertical Development of property subject to the Tidelands Trust as more specifically set forth in this Special Use District.

(c) Tidelands Trust Overlay Zone. The Tidelands Trust Overlay Zone shown on Figures 1 and 2 illustrates the areas of the Islands subject to the Tidelands Trust after completion of all of the Tidelands Trust exchanges contemplated under the Treasure Island Public Trust Exchange Act (SB 543, as amended by SB 815 and SB 833, the "Exchange Act"), which

is State legislation authorizing an exchange of Public Trust lands between Treasure Island and Yerba Buena Island, consistent with the proposed development program. To the extent that property not included in the Tidelands Trust Overlay Zone would be subject to the Tidelands Trust prior to the applicable exchange implemented under the Exchange Act, the restrictions of the Tidelands Trust Overlay Zone apply until the exchange is effected. To the extent property shown in the Tidelands Trust Overlay Zone would not be subject to the Tidelands Trust prior to the applicable exchange, the restrictions of the Tidelands Trust Overlay Zone do not apply until the exchange is effected.

rior to the applicable exchange implemented under the Exchange Act, the restrictions of the Tidelands Trust Overlay Zone apply until the exchange is effected. To the extent property shown in the Tidelands Trust Overlay Zone would not be subject to the Tidelands Trust prior to the applicable exchange, the restrictions of the Tidelands Trust Overlay Zone do not apply until the exchange is effected.

(d) Relationship to Design for Development. The Treasure Island + Yerba Buena Island Design for Development (“Design for Development”), adopted by the Planning Commission (Motion No. 18330) and approved by the Board of Supervisors as part of this Special Use District, and as may be amended from time to time as provided herein, sets forth development and use Standards and Guidelines applicable within this Special Use District. Said Design for Development is hereby incorporated by reference. Any term used in this Special Use District and not otherwise defined shall have the meaning ascribed to it in the Design for Development. TIDA shall have exclusive jurisdiction and approval rights over amendments to the Design for Development that affect only horizontal development. Other than as specified above, the Planning Commission may initiate and adopt amendments to the Design for Development, or may approve amendments to the Design for Development upon recommendation by TIDA or a written request or application from an owner or lessee of property (or their authorized agent) within this Special Use District. Prior to taking any action to amend the Design for Development, the Planning Commission or Planning Director shall refer the matter to the TIDA Board for review and the TIDA Board shall have 30 days to submit its recommendation to the Planning Commission, unless extended as set forth below. This referral to the TIDA Board shall not be necessary in the following instances: (1) when TIDA is the party requesting the proposed amendments, or (2) when the TIDA Board concurs with the proposed amendments initiated by an owner or lessee of property and recommends the amendments to the Planning Commission. The Planning Commission may approve, conditionally approve, or disapprove the proposed amendments within 30 days of receipt of the TIDA Board’s recommendation or concurrence or, if the TIDA Board fails to submit a recommendation after the proposed amendments are referred to the TIDA Board by the Planning Commission or Planning Director, within 30 days of the expiration of the TIDA Board’s 30-day review period..1 If there is no regular meeting of the TIDA Board within such 30day review period, then such period shall be extended until the next regular meeting of the TIDA Board; provided, however, that the TIDA Board’s review period shall not exceed 60 days from the date the proposed amendments are referred by the Planning Commission or Planning Director. The Planning Commission may not approve an amendment to the Design for Development if it finds that the amendment is inconsistent with this Special Use District, the General Plan, and the approved Development Agreement by and between the City and County of San Francisco and Treasure Island Community Development, LLC relative to the development of Naval Station Treasure Island (File No. 110226) (the “Development Agreement”).

not approve an amendment to the Design for Development if it finds that the amendment is inconsistent with this Special Use District, the General Plan, and the approved Development Agreement by and between the City and County of San Francisco and Treasure Island Community Development, LLC relative to the development of Naval Station Treasure Island (File No. 110226) (the “Development Agreement”).

(e) Development Controls. Development and uses of property within this Special Use District shall be regulated by the controls contained herein and in the Design for Development, provided, however, that if there is any inconsistency between this Special Use District and the Design for Development, this Special Use District shall control.

(1) Zoning Designation. The applicable zoning designations shall be as set forth on Figure 1, consisting of the following zoning districts: Treasure Island Residential (TI-R), Treasure Island Mixed Use (TI-MU), Treasure Island Open Space (TI-OS), and Treasure Island Public/Civic/Institutional (TI-PCI). The applicable zoning designation shall be as set forth on Figure 2, consisting of the following zoning districts: Yerba Buena Island Residential (YBI-R), Yerba Buena Island Mixed Use (YBI-MU), Yerba Buena Island Open Space (YBI-OS), and Yerba Buena Island Public Services/Civic/Institutional (YBI-PCI), each as defined in the Design for Development. In addition, portions of this Special Use District shall be subject to a Tidelands Trust Overlay Zone as set forth on Figures 1 and 2 and further defined in the Design for Development.

Figure 1: Treasure Island Zoning Designations.

Figure 2: Yerba Buena Island Zoning Designations

(2) Uses. The uses listed in Figure 3 are permitted in this Special Use District as indicated by the following symbols in the respective column for each district: (i) P – permitted as a Principal Use in this zoning designation; (ii) IC – subject to approval as an Island Conditional Use pursuant to the procedures set forth in subsection (h) below; (iii) blank – not permitted in this zoning designation.

Figure 3: Treasure Island and Yerba Buena Island Permitted Uses

(3) Temporary Uses. A temporary use may be authorized by the Executive Director of TIDA ("Executive Director") (for uses located within the Tidelands Trust Overlay Zone) or the Planning Director (for uses located outside the Tidelands Trust Overlay Zone) without a public hearing for a period not to exceed 90 days for any of the following uses: booths for charitable, patriotic, or welfare purposes; exhibitions, festivals, circuses, concerts, or neighborhood carnivals; open-air sales of agriculturally produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; and automobile and truck parking and loading associated with an authorized temporary use. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; and automobile and truck parking and loading associated with an authorized temporary use. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.

(4) Interim Uses. An interim use listed in this section may be authorized by the Executive Director (for uses located within the Tidelands Trust Overlay Zone) or Planning Director (for uses located outside the Tidelands Trust Overlay Zone) without a public hearing for a period not to exceed 5 years if the applicable Director finds that such use will not impede orderly development within this Special Use District consistent with the Design for Development and Development Agreement; provided, however, that any interim use listed in this section that is integral to development contemplated by the Development Agreement or any other disposition and development agreement with TIDA, as determined by the applicable Director, shall be permitted without requiring such authorization. Interim uses within the Tidelands Trust Overlay Zone are subject to review by the Executive Director for compliance with the Tidelands Trust and TIDA policies. Such interim uses include: rental or sales offices incidental to new development; structures and uses incidental to environmental clean-up, demolition and construction pursuant to an approved Major Phase of Development; storage; automobile and truck parking and loading related to the construction activities related to Horizontal Development and Vertical Development. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application. (5) Non-Conforming Uses. TIDA shall provide for the reasonable continuance, modification and/or termination of uses and structures existing as of the date of adoption of the Special Use District and Design for Development that do not comply with the Special Use District or the Design for Development, provided that such use or structure is generally compatible with the development and uses authorized under the Special Use District and Design for Development. The Executive Director (for property located within the Tidelands Trust Overlay Zone), or the Planning Director (for property not located within the Tidelands Trust Overlay Zone) may authorize additions, alterations, reconstruction, rehabilitation, reuse of vacant buildings or changes in use of land or buildings for uses that do not conform to the Special Use District,

subject to a determination that such authorization would not impede the orderly development of the area subject to this Special Use District.

(6) Building Standards.

(A) Building Height. The applicable height limits for this Special Use District shall be as set forth on Sectional Map HT14 of the Zoning Maps of the City and County of San Francisco. As more particularly described on Section Map HT14, underlying height zones range from 25 feet to 125 feet on Treasure Island and 35 feet to 75 feet on Yerba Buena Island. "Flex Height Zones" have been established on Treasure Island to allow for the flexibility in locating tall buildings within the overall built form of the island, and range from 240 feet to 450 feet. The Flex Height Zones allow for a variety of building types to be built up to the indicated maximum height for their zone as long as they conform to the relevant applicable Standards for Bulk, Massing and Tower Separation as described herein, and Figure 6, Bulk and Massing Controls Matrix. The location of tall buildings in relation to each other and to the lower buildings is controlled by the building separation requirements set forth in subsection (e)(6)(B), Tower Separation, below. Height shall be measured and regulated as provided in the Design for Development and not as provided in Article 2.5.

(B) Tower Separation.

(i) Portions of buildings taller than 125 feet located within a Flex Height Zone that are taller than the underlying height zone shall maintain a minimum distance of 115 feet clear from any portion of another building taller than its underlying height zone. This distance is to be measured by a 115 feet circular offset from the inscribed building perimeter at its outermost points on all levels above the underlying height zone, as shown on Figure 4. The requirements of this subsection shall not apply to buildings located on blocks C1, C2-B, C2-H and M1, as identified on Figure 1.

Figure 4: Tower Separation

(ii) Buildings located within a Flex Height Zone that are located on blocks IC1, IC2, IC3 and IC4 and E1, E2, E3, E4, E5, E6, E7 and E8, as identified on Figure 1, shall maintain a clear corridor extending a minimum distance of 500 feet perpendicularly to any other building taller than 85 feet, as shown on Figure 5. The corridors shall be aligned orthogonally, perpendicularly and parallel to the north-south avenues, and extend from the buildings' furthermost points regardless of orientation. The requirements of this subsection shall not apply to buildings located on blocks B1, B2, B3 and M1, as identified on Figure 1.

Figure 5: Corridors

(C) Building Bulk. With respect to development on Treasure Island, the applicable bulk limitations shall be as set forth on Figure 6. With respect to development on Yerba Buena Island, the following requirements shall apply: (i) buildings extending more than 35 feet above grade shall, above the third floor, step back a minimum distance of 10 feet horizontal for every 10 feet vertical; (ii) buildings fronting on the downhill edge of a street or Drive Court where buildings on the uphill side are allowed shall have a maximum height of 25 feet, however for no more than 50% of the width of a residential townhouse unit or lot, but in no instance more than 18-feet increments, the maximum height may be increased to 35 feet; (iii) the height extension referenced in (ii) may not be joined to a similar extension or an adjoining unit or lot and must be configured in a manner that allows potential views from an adjacent uphill unit or lot both over and through the subject unit or lot; (iv) buildings shall be no longer than 150 feet in length, and the maximum plan dimension of a building or structure shall be the greatest plan dimension parallel to the long axis of the building at a given level; (v) the maximum apparent face or elevation length shall be 75 feet; (vi) Mid-rise Buildings on block 4Y (as identified on Figure 1) shall be subject to additional bulk and massing requirements set forth in Section Y4.5.5 of the Design for Development; and (vii) on blocks 1Y, 2Y, 3Y and 4Y, a minimum of 1 cross stairway running perpendicular to the topographical contours of the land and no closer than 150 feet from either end of the parcel (measured parallel to the topographical contours) shall be required and integrated into the Island-wide pedestrian trail system.

Figure 6: Treasure Island Bulk and Massing

(D) Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth on Figures 7 and 8.

Figure 7: Treasure Island Required Setbacks

Figure 8: Yerba Buena Island Required Setbacks

(7) Off-Street Automobile Parking. Off-street parking shall not be required for any use, and may be provided in quantities up to the maximum number of spaces specified in Figures 9 and 10. Compliance with the off-street parking standards specified in Figures 9 and 10 shall be determined in accordance with subsection (g)(4)(D)(iv) below, and further provided that no application for Vertical Development that includes off-street automobile parking shall be accepted as complete unless TIDA has authorized submittal of the application and certified that the proposed amount of parking complies with the Island-wide parking maximums.

Figure 9: Treasure Island Permitted Off-Street Parking

Figure 10: Yerba Buena Island Off-Street Parking

(f) Review and Approval of Horizontal Development. TIDA shall have exclusive jurisdiction over Horizontal Development in this Special Use District subject to all applicable permit requirements of other City agencies. Horizontal Development shall be subject to and regulated by the Design Review and Document Approval Procedure attached as an exhibit to the Disposition and Development Agreement, as such procedures may be amended from time to time.

(g) Review and Approval of Vertical Development.

(1) Purpose. The Vertical Development design review process for Treasure Island and Yerba Buena Island is intended to ensure that new private buildings within Treasure Island and Yerba Buena Island are designed to complement the aesthetic of the development, exhibit high quality architectural design and promote the purpose of this Special Use District.

(2) Applicability. Vertical Development within the Tidelands Trust Overlay Zone, or on other tidelands and submerged lands within its jurisdiction pursuant to its authority under the Conversion Act, is within TIDA jurisdiction and shall be subject to the procedures set forth in subsection (g)(5). Vertical Development outside of the Tidelands Trust Overlay Zone is within Planning Department jurisdiction and shall be subject to the procedures set forth in subsection (g) (4).

(3) Applications.

(A) Required Applications. The construction, major alterations, or additions to Vertical Development within this Special Use District shall require approval of Schematic Design Documents and building permits. The definition of major alterations and additions to Vertical Development is set forth in the Design for Development. If the proposed project is located within the Tidelands Trust Overlay Zone, the application shall be submitted to and reviewed by TIDA. If the proposed project is located outside the Tidelands Trust Overlay Zone, the application shall be submitted to and reviewed by the Planning Department. For purposes of this section, "Schematic Design Documents" shall mean documents

containing a schematic design level of detail for a specific Vertical Development improvement. Each such application for approval may be filed by the owner, lessee or authorized agent of the owner or lessee of the property for which the Vertical Development approval is sought.

(B) Contents. Each application shall contain the documents and materials necessary to determine consistency with this Special Use District and the Design for Development. If a Major Modification (as defined in subsection (g)(4)(D) below) is sought in accordance with the allowances of this Section, the application also shall contain a written description for each modification sought that describes how the proposed project meets the full intent of this Special Use District and the Design for Development.

(C) Completeness. TIDA or Planning Department staff, as applicable, shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. If staff does not so advise the applicant, the application shall be deemed complete.

IDA or Planning Department staff, as applicable, shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. If staff does not so advise the applicant, the application shall be deemed complete.

(D) Pre-Submission Conference. Not less than 30 days prior to submitting a Schematic Design Document application, the applicant shall submit to TIDA and the Planning Department, preliminary maps, plans and design sketches for the proposed Vertical Development and a statement describing compliance with the applicable land use restrictions and limitations set forth in the applicable Vertical Disposition and Development Agreement. Within 20 days, staff shall review submitted materials and advise the applicant whether the materials would be considered a complete application. TIDA's review of the pre-submittal materials shall also include a review for compliance with the applicable Vertical Disposition and Development Agreement as required for TIDA's submittal of its letter of authorization required as part of the application submittal materials. If requested by the applicant and not less than 15 days prior to submitting a Schematic

Design Document application, the applicant and TIDA or Planning Department staff, as applicable, shall hold at least one pre-submission meeting regarding the project at a mutually agreeable time.

(4) Schematic Design Document Applications under Planning Commission Jurisdiction.

(A) Staff Review. Each application for Schematic Design Document approval under Planning Commission jurisdiction shall be subject to an administrative review process by the Planning Department. Prior to consideration for project approval, and not more than 60 days (for applications pertaining to structures 70 feet or fewer in height) or 80 days (for applications pertaining to structures over 70 feet in height) after such application is complete or deemed complete, staff shall review the application to determine whether it complies with this Special Use District and the Design for Development. Staff shall issue a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the applicant not less than 10 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review.

(B) TIDA Consultation. Upon receipt of a complete application, a copy of such application shall be submitted to TIDA. Should TIDA wish to provide further comments beyond those provided at the pre-submittal stage, it shall submit its comments to the Planning Department no later than 30 days following receipt of the application. Planning Department staff shall consider TIDA comments in drafting its staff report.

ation.** Upon receipt of a complete application, a copy of such application shall be submitted to TIDA. Should TIDA wish to provide further comments beyond those provided at the pre-submittal stage, it shall submit its comments to the Planning Department no later than 30 days following receipt of the application. Planning Department staff shall consider TIDA comments in drafting its staff report.

(C) Planning Director Approval. Except for projects seeking one or more Major Modifications, the Planning Director shall approve, conditionally approve or disapprove a project's Schematic Design Documents, including any Minor Modifications sought, without a hearing based on its compliance with this Special Use District and the Standards set forth in the Design for Development. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design for Development, the Planning Director's discretion to approve, conditionally approve, or disapprove the project shall be limited to the project's consistency with the qualitative Standards and Guidelines of the Design for Development and the General Plan. The Planning Director may not impose any condition of approval that conflicts with the Development Requirements (as such term is defined in the Development Agreement). Upon approval, the Planning Director shall assign to each approved assessor's block and/or lot the applicable zoning designation and height and bulk classification. The Planning Director shall, promptly, mail notice of his or her determination to the applicant, TIDA, and owners of real property within 300 feet of all exterior boundaries of the project area, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and any other person who has requested notice.

(D) Modifications to Standards. Modification of the Standards set forth in this Special Use District and contained in the Design for Development may be approved on a project-by-project basis as follows:

(i) No Modifications. No modifications or variances are permitted for the following Standards in this Special Use District: district-wide maximum off-street auto parking ratios, and height limits.

(ii) Major Modifications. A Major Modification shall be (i) any deviation of more than 10% from any quantitative Standard in this Special Use District or the Design for Development or (ii) any modification of the maximum building floor plates. A major modification may be approved only by the Planning Commission at a public hearing, and the Planning Commission’s review at such hearing shall be limited to the Major Modification. Notwithstanding any other provisions of this Section 249.52, the Planning Director may refer a proposed modification, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the Standards set forth in the Design for Development. The Planning Commission may not impose conditions of approval that conflict with the Development Requirements (as such term is defined in the Development Agreement).

(iii) Minor Modifications.

a. Any modification to the building standards of this Special Use District and contained in the Design for Development not considered a Major Modification pursuant to subsection (ii) above shall be deemed to be a Minor

Modification. Except as permitted in accordance with subsection (ii) above, a Minor Modification is not subject to review by the Planning Commission.

b. In addition to the Minor Modifications of 10% or less from any quantitative Standard in this SUD or the Design for Development, the Planning Director may also grant a deviation from the building standards in this SUD or the Design for Development to the extent necessary to reconcile any inconsistency between the provisions of the SUD, the Design for Development, the Development Agreement or any attachment thereto (including but not limited to the Infrastructure Plan referenced in the Development Agreement), or to comply with the requirements or specifications imposed by any agency with jurisdiction over all or a portion of the Project, in a manner that advances the intent of the SUD, Design for Development, or the Development Agreement (including the agreements and plans referenced in the Development Agreement that the parties must comply with), or is minor or incidental.

c. The Planning Director may grant any other deviations from the building standards in this SUD or the Design for Development to the extent necessary to address Changing Building Technologies or Unforeseen Site Circumstances, as defined herein, or, at the Director’s election, may request Planning Commission review of any such request for a deviation, provided the Director or the Planning Commission (as applicable) in granting such deviation, makes findings that the granting of such deviation:

1. is necessary or desirable to avoid a hardship of complying with the text of this SUD and/or the Design for Development because of an Unforeseen Site Circumstance or to Changing Building Technologies; and

2. the deviation will not result in a building of greater total gross floor area than would be permitted if the minor deviations were not otherwise granted and is generally consistent with urban form anticipated by the SUD and the Design for Development; and

3. will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and

4. such deviation will be consistent with the General Plan and in harmony with the general purpose and intent of the SUD and the Design for Development.

d. For the purposes of this SUD and the Design for Development, “Changing Building Technologies” shall mean new generally prevailing and market standard building and engineering technologies, features, means, methods or materials (collectively, “Technologies”).

e. For purposes of this SUD and the Design for Development, “Unforeseen Site Circumstances” shall mean unanticipated circumstances related to site conditions, such as topography, grading, geological features, final infrastructure configurations, or soil conditions.

(iv) Off-Street Parking. A project that exceeds applicable parking ratios on a project-level basis shall not be considered a Major Modification, Minor Modification or otherwise inconsistent with the Special Use District or the Design for Development, subject to the further limitations of this Section (iv). Except as further provided herein, no new off-street parking may be approved by Planning or TIDA at the following increments of development that would cause the aggregate parking ratio in the Special Use District to cumulatively exceed the applicable ratios, including both built and entitled but-not-yet-built Vertical Development: every 2,000 net new housing units and every 100,000 gross square feet of non-residential uses in new or rehabilitated buildings (each residential and non-residential threshold, a "Development Increment"). Notwithstanding the foregoing, for the first two Development Increments, a deviation of up to 10% shall be permitted and not be considered a Major Modification, Minor Modification or otherwise inconsistent with the Special Use District or the Design for Development. No exceedance of the parking ratios applicable to any Development Increment after the first two residential and non-residential Development Increments shall be permitted. The Development Increments shall commence as of the effective date of this ordinance and shall not include interim or temporary uses as defined in this Special Use District.

(E) Public Hearing for Large Projects. Prior to decision by the Director of Planning pursuant to Subsection (g)(4) (C) above, each project subject to the below criteria shall be presented at a regularly scheduled hearing of the Planning Commission. Such hearing shall be calendared within 30 days after the application is complete or deemed complete. If a

public hearing is required under subsection (g)(4)(D) and this subsection (g)(4)(E), the Planning Commission shall jointly calendar and hear both items, to take action on the Major Modification and to provide comment only on the project design. The Director of Planning shall consider all comments from the public and the Planning Commission in making his or her decision to approve, conditionally approve, or disapprove the project design. Criteria necessitating public hearing are as follows:

(i) The project includes the construction of a new building greater than 70 feet in height, or includes a vertical addition to an existing building resulting in a total building height greater than 70 feet; or

(ii) The project involves a net addition or new construction of more than 25,000 gross square feet of commercial space.

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

(5) Schematic Design Document Applications Under TIDA Jurisdiction.

(A) TIDA Design Review. Each application for Schematic Design Document approval under TIDA jurisdiction shall be subject to an administrative review process by TIDA staff. Not more than 60 days (for applications pertaining to structures 70 feet or fewer in height) or 80 days (for applications pertaining to structures over 70 feet in height) after such application is complete or deemed complete, staff shall review the application to determine that it complies with this Special Use District and the Design for Development and shall issue a staff report to the TIDA Board, including a recommendation for any modifications sought. If the application would be subject to Planning Commission action as a Major Modification under subsection (g)(4)(D) or Planning Commission review as a large project under subsection (g)(4) (E) if the project were located outside the Tidelands Trust Overlay, the TIDA staff report shall also be delivered to the Planning Department.

(B) Planning Commission Election. For any application for which the Planning Department receives the TIDA staff report pursuant to subsection (g)(5)(A), within 30 days of receipt of the report, the Planning Commission may, by majority vote, elect to hold a hearing on a Schematic Design Documents application, which hearing shall be held within 30 days of such election. The Planning Commission's review shall be limited to the consistency of the building design with this Special Use District and the Design for Development, and on that basis alone, the Planning Commission shall submit its recommendation to the TIDA Board.

majority vote, elect to hold a hearing on a Schematic Design Documents application, which hearing shall be held within 30 days of such election. The Planning Commission's review shall be limited to the consistency of the building design with this Special Use District and the Design for Development, and on that basis alone, the Planning Commission shall submit its recommendation to the TIDA Board.

(C) Review by TIDA Board. The TIDA Board shall calendar the application as follows: (i) for any application for which the Planning Department does not receive the TIDA staff report pursuant to subsection (g)(5)(A), the TIDA Board shall calendar the application for its next regularly scheduled hearing after receipt of the staff report for which an agenda has not been finalized; (ii) for any application for which the Planning Department receives the TIDA staff report pursuant to subsection (g)(5)(A), if upon the expiration of the Planning Commission's 30 day election period, the Planning Commission has not elected to hold a hearing on the Schematic Design Documents application, the TIDA Board shall calendar the application for its next regularly scheduled meeting for which an agenda has not been finalized; or (iii) if, prior to the expiration of the Planning Commission's 30 day election period, the Planning Commission has elected to hold a hearing on the Schematic Design Documents application, the TIDA Board shall calendar the application for its next regularly scheduled meeting for which an agenda has not been finalized after the date that the Planning Commission takes action on the application at its public hearing. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design for Development, the TIDA Board's discretion to approve, conditionally approve or disapprove the project shall be limited to the project's consistency with the qualitative Standards and Guidelines set forth in the Design for Development. The TIDA Board may not impose any condition of approval that conflicts with the Development Requirements (as such term is defined in the Development Agreement). If the TIDA Board objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth

in Section (g)(5)(B), TIDA shall provide notice of such decision to the Planning Commission, and TIDA shall have the right to appeal the design recommendations to the Board of Supervisors pursuant to the procedures for appeal set forth in subsection (i) below.

(D) Review of Historic Resources. Any review under this section of Schematic Design Documents for a historic resource identified in the Design for Development shall be subject to the additional review requirements set forth therein.

(6) Building Permit Approval. Each building permit application submitted to the Department of Building Inspection shall be forwarded to the Planning Department if the application pertains to property located outside of the Tidelands Trust Overlay Zone or TIDA if the application pertains to property located within the Tidelands Trust Overlay Zone. Staff of the applicable agency shall review the building permit application for consistency with the authorizations granted pursuant to this Section. No building permit may be issued for work within this Special Use District unless Planning Department or TIDA staff, as applicable, determines such permit is consistent with the approved Schematic Design Documents and the Standards set forth in the Design for Development.

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

(h) Island Conditional Use Permits. For Island Conditional Uses within the Tidelands Trust Overlay Zone, upon written request by the property owner or lessee (or his or her designated agent), the Executive Director may approve an Island Conditional Use permit without a hearing if he or she finds that, at the size and intensity contemplated: (i) the proposed use will make a positive contribution to the character of the Special Use District; (ii) the proposed use is compatible with the neighborhood or community; and (iii) the proposed use is compliant with the Tidelands Trust as more particularly described in Section T3.4.2 of the Design for Development; provided, however, that the Executive Director, in his or her discretion, may refer the matter to the TIDA Board for decision at a public hearing. TIDA may adopt procedures for reviewing and acting on Island Conditional Use permits. Island Conditional Uses outside the Tidelands Trust Overlay Zone shall be subject to review and approval by the Planning Commission in the same manner as set forth in Sections 303 et seq. for conditional uses, except that the Planning Commission shall not use the criteria set forth in Sections 303 et seq. and instead shall approve or conditionally approve the Island Conditional Use if it finds that, at the size and intensity contemplated: (i) the proposed use will make a positive contribution to the character of the Special Use District; and (ii) the proposed use is compatible with the neighborhood or community.

(i) Appeal and Decision on Appeal.

(A) Planning. A decision of the Planning Director or the Planning Commission under this Special Use District, other than a decision with respect to an Island Conditional Use, may be appealed to the Board of Appeals within 10 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth how the Planning Director or the Planning Commission, as applicable, erred in granting, conditioning, or denying an application under this Section. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations as are placed on the Planning Commission or Planning Director by Charter or by this Special Use District, approve, disapprove or modify the appealed decision. If the determination of the Board of Appeals differs from that of the Planning Director or Planning Commission, the Board of Appeals shall state its reasons in writing. A decision of the Planning Commission with respect to an Island Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1, except that the decision also may be appealed independently by the applicant or TIDA without complying with the property owner subscription requirements of Section 308.1.

(B) TIDA. If the TIDA Board objects to or seeks to substantially modify a design recommendation or determination taken by the Planning Commission under subsection (g)(5)(B) above, it shall take action to file an appeal of the Planning Commission recommendation or determination to the Board of Supervisors, which shall be evidenced by filing a written notice of appeal with the Clerk of the Board of Supervisors. The Board of Supervisors shall hear the appeal within 30 days of TIDA's determination to appeal. The Board of Supervisors' review of the Planning Commission decision shall be limited to the design issues that are the subject of the appeal. The Board of Supervisors may disapprove the decision of the Planning Commission by a majority vote, and may not impose any condition of project approval that conflicts with the

Development Requirements (as such term is defined in the Development Agreement) or is inconsistent with TIDA's authority as trustee under the Conversion Act.

(j) Fees. Each of the Planning Director and the Executive Director shall require an applicant or permittee to pay a fee in an amount sufficient to recover actual time and materials costs that the Planning Department and TIDA incurs in reviewing and processing any application under this Section. The applicable Director also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing or administration of a particular application, action, or procedure if such costs are not separately assessed in accordance with the Development Agreement. Whenever such fees are or will be charged, the applicable Director, upon request of the applicant or permittee, shall provide in writing the basis for the fees or an estimate of the fees to be charged.

, incur in connection with the processing or administration of a particular application, action, or procedure if such costs are not separately assessed in accordance with the Development Agreement. Whenever such fees are or will be charged, the applicable Director, upon request of the applicant or permittee, shall provide in writing the basis for the fees or an estimate of the fees to be charged.

(Added by Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; 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. 94-24, File No. 240199, App. 5/10/2024, Eff. 6/10/2024)

AMENDMENT HISTORY

Division (e)(6)(A) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (a) and (g)(4)(E) amended; Ord. 188-15 , Eff. 12/4/2015. Division (e)(2) Fig. 3 amended; Ord. 166-16 , Eff. 9/10/2016. Division (e)(2) and Fig. 3 amended; division (g) (4)(E) amended; Ord. 202-18, Eff. 9/10/2018. Division (e)(2) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (d), (e)(6)

(C), and (g)(4)(D)(ii) amended; division (g)(4)(D)(iii) redesignated as (g)(4)(D)(iii)- (iii)a.; divisions (g)(4)(D)(iii)b.-(iii)e. added; Figure 6 repealed and replaced; Ord. 94-24, Eff. 6/10/2024.

CODIFICATION NOTE

1. So in Ord. 94-24.

SEC. 249.53. PRESIDIO-SUTTER SPECIAL USE DISTRICT.

(a) Establishment of Special Use District. The Presidio-Sutter Special Use District is hereby established to facilitate the development of a mixed-use community project on an underutilized site ("project"). The site is located at 800 Presidio at the southeast corner of the block bounded by Presidio Avenue, Sutter Street, Lyon Street, and Post Street and consists of Lot 13 of Assessor's Block 1073, as designated on Sectional Map SU10 of the Zoning Map of the City and County of San Francisco.

(b) Purpose. The purpose of the Special Use District is to allow a project that will provide affordable rental housing opportunities for very low and lower income households and include a modern, state of the art community center that provides a variety of youth and other services to the Western Addition and the broader San Francisco community. To achieve this purpose, the project will:

(1) Include affordable rental housing, thus furthering the City's policy that new housing, especially permanent affordable housing, be provided in appropriate locations which meets identified housing needs;

(2) Designate up to 50 percent of the affordable units for transitional age youths between the ages of 18 and 24;

(3) Have density and height bonuses for the affordable housing component of the project that are consistent with and will promote State policies and laws that encourage the construction of affordable housing;

(4) Include a state-of-the-art community center that will provide educational, cultural, social and recreational services to both the Western Addition and the larger San Francisco community in a multicultural, nurturing, and supportive environment where individuals and community groups feel welcome;

(5) Provide youth services that will fulfill an acute need existing in the Western Addition community that could direct young peoples' energies toward activities that can facilitate these young people becoming independent, successful adults; and

To address the educational, academic, social and/or recreational needs and interests of youth in the Western Addition, the community center could provide programs that include an award winning media youth radio program, a research library, an archive to develop scholarship programs, a computer center to provide computer training, an early childhood development center, an after-school program, organized sports, a mentoring program, youth leadership development, and other youth activities. The community center may also provide senior and other adult services.

(c) Definitions. For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of no more than 0.5 times the otherwise maximum allowable residential density pursuant to a Planned Unit Development application in a RM-1 zoning district (one unit per 600 square feet of lot area minus one), which is equivalent to an additional 18 units over the currently permitted 36 units.

(2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of very low or lower income.

(3) "Housing development" shall mean five or more dwelling units.

(4) "Lower income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a lower income family of a size equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(5) "Very low income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a very low income family of a size equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(d) Planned Unit Development. In this special use district, a modification to, or exception from, otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A Planned Unit Development approval for a housing development subject to this Section may grant the height bonus, density bonus, and a modification or exception to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 304(d) of this Code.

order to further the critical goal of creating affordable housing. A Planned Unit Development approval for a housing development subject to this Section may grant the height bonus, density bonus, and a modification or exception to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 304(d) of this Code.

(e) Controls. Notwithstanding any other provision of this Code, the following controls shall govern the uses in the Presidio-Sutter Special Use District.

(1) In this special use district all of the provisions of this Code applicable to residential development in an RM-1 Zoning District shall continue to apply, except as specifically provided in Subsections (A) and (B) below. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.

(A) Height and Bulk. The applicable Height and Bulk for the Presidio-Sutter Special Use District shall be 40-X to 55-X. The Planning Commission may approve a height increase above 40' only for an affordable housing development or a mixed-use development with an affordable housing component.

(B) Dwelling Unit Density Bonus. A density bonus beyond that allowed conditionally under this Code may be approved by the Planning Commission only if more than 60 percent of the units in the housing development or the housing component of a mixed-use project will be permanently affordable to very low and lower income households. In considering the height increase and bonus density, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable. The maximum height increase and density bonus allowed under a Planned Unit Development may be granted only if 100 percent of the units of the housing development component, except for the manager's unit, are rental units permanently affordable to very low income or lower income households.

(Added by Ord. 137-11, File No. 110658, App. 6/29/2011, Eff. 7/29/2011)

SEC. 249.54. EXECUTIVE PARK SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Executive Park Special Use District is hereby established for Assessor's Block 4991, Lots 024, 061, 065, 074, 075, 078, 085 and 086 and Assessor's Block 5076, Lots 012 and 013, generally bounded by Harney Way on the south, Highway 101 on the west, Executive Park Boulevard North on the north and Executive Park Boulevard East on the east, and is set forth in Sectional Map No. SU10 of the Zoning Map of the City and County of San Francisco.

reby established for Assessor's Block 4991, Lots 024, 061, 065, 074, 075, 078, 085 and 086 and Assessor's Block 5076, Lots 012 and 013, generally bounded by Harney Way on the south, Highway 101 on the west, Executive Park Boulevard North on the north and Executive Park Boulevard East on the east, and is set forth in Sectional Map No. SU10 of the Zoning Map of the City and County of San Francisco.

(b) Purpose. The purpose of the Executive Park Special Use District (SUD) is to accommodate and encourage medium to high density, mixed-use, predominately residential development at the location of an existing office park. The new mixed-use development is envisioned to tie together the new development with existing and approved residential development north and east of the SUD, along with long-established neighborhoods to the west. The SUD provides controls tailored to Executive Park's unique circumstances: the existing area does not feature a fine-grained street and block pattern typical of San Francisco residential development adequate to serve the access, circulation and open space needs of the envisioned urban residential and mixed use neighborhood. Also, some portions of the area may become part of dedicated public right-of-way as a result of the anticipated future widening of Harney Way and redesign of on-ramps and off-ramps to Highway 101 at Alana Way and Harney Way. The SUD anticipates a new mixed-use, predominately residential neighborhood, with a fine-grained block and street pattern and new open space, and provides for the transfer of buildable density from portions of the area that may become part of dedicated public right-of-way to other parts of the area, among other provisions.

(c) Controls. The Planning Code provisions for the underlying use district shall control except as provided below.

(1) Executive Park Design Guidelines. In addition to the Planning Code provisions, developments in the SUD shall comply with the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan of the General Plan, approved by the Board of Supervisors by Ordinance No. 143-11, on file with the Clerk of the Board of Supervisors in File No. 110624 and the Executive Park Design Guidelines as established by Planning Commission Resolution 18352, on file with the Clerk of the Board of Supervisors in File No. 110626 and incorporated into this Section by this reference. The Executive Park Design Guidelines also are on file with the Planning Department in File No. 2006.0422EMUTZ.

• (2) Uses.

(A) Retail Sales and Service Uses as defined in Planning Code Section 102 are principally permitted at street level throughout the SUD when individual establishments are less than 10,000 square feet of gross floor area. Retail establishments equal to or greater than 10,000 square feet of gross floor area require Permit Design Review under Section 309.2 of this Code. Tenant spaces that are expanded to be 10,000 square feet or greater after initial approval will require addition review under Section 309.2.

level throughout the SUD when individual establishments are less than 10,000 square feet of gross floor area. Retail establishments equal to or greater than 10,000 square feet of gross floor area require Permit Design Review under Section 309.2 of this Code. Tenant spaces that are expanded to be 10,000 square feet or greater after initial approval will require addition review under Section 309.2.

(B) Ground floor retail is required at the two southern corners of the intersection of Executive Park Boulevard North and Thomas Mellon Circle. (Portions of Block 4991, Lots 085 and 086). For each corner, retail frontage is required for a minimum of 100 feet along Executive Park Boulevard North and 50 feet along Thomas Mellon Circle.

(C) Child-Care facilities as defined in Section 102 of this Code are principally permitted.

(D) Community Facilities and Private Community Facilities as defined in Section 102 of this Code are principally permitted.

(E) Non-accessory parking is not permitted.

(3) Required Residential to Non-Residential Use Ratio. Non-residential uses are limited to one occupiable square foot for every six occupiable square feet of residential use.

(4) Density Transfer.

(A) In accordance with the provisions of this Subsection, (i) the density allowed on Block 4991, Lots 024, 061, 065 and 078, and Block 5076, Lots 012 and 013, may be transferred to any other lot within the SUD north of Alana Way or north of the proposed Harney Way setback line and (ii) if the portion of Assessor's Block 4991, Lot 085 south of the Harney setback line becomes its own lot through a subdivision action, the new lot south of the setback line may transfer its density to any other lot north of Alana Way or north of the Harney setback line pursuant to the procedures described in this Subsection. The Blocks and Lots in the SUD and the location of the proposed Harney Way setback line are shown on

the map in Figure 249.54(A). In addition, a detailed description of the Harney Way setback line is on file with the Clerk of the Board of Supervisors in File No. 110625 and incorporated into this Section by this reference.

Figure 249.54(A)

(B) To transfer density, a Notice of Special Restriction ("NSR") must be recorded against lots that both provide and receive the density transfer. Prior to recording a NSR for a density transfer, the Planning Department must have verified that the density transfer proposed is authorized by this Subsection. The NSR shall explicitly state the square footage of the providing lot, and the maximum number of residential units and the maximum gross square footage of non-residential uses that are being forgone on the providing lot and transferred to the receiving lot or lots. If density is being distributed between more than one lot, the NSR shall explicitly state how much density each lot is receiving. The NSR must also explicitly state that by transferring density, the providing lot is foregoing all rights to develop on the providing lot the number of units and amount of non-residential square footage transferred. In all cases, lots receiving density transfers will continue to be subject to all relevant controls and guidelines notwithstanding new maximum allowed density. The NSR memorializing the transfer must be approved as to form by the City Attorney.

(5) Family Size Units. Section 207.6 applies to lots within the SUD.

(6) Harney Way Setback. No building shall be built on the southern side of the Harney setback line as shown on Figure 249.54(A) and described in the detailed description of the Harney Way setback line on file with the Clerk of the Board of Supervisors in File No. 110625. Residential and non-residential densities that would have otherwise been allowed south of the setback line may be applied to other portions of the lot or transferred to other lots within the SUD pursuant to Section 249.54(c)(4).

(7) Site Coverage. Rear yard provisions of Planning Code Section 134 do not apply. The maximum site coverage of any building is 75 percent of the site area as measured at the grade level of the building's main pedestrian entry and at each succeeding level or story of the building. The site area used to create new publicly accessible streets, will be credited toward the area required to be unbuilt when calculating the site coverage. The location of proposed new publicly accessible streets and resulting new formulated blocks are shown in Figure 249.54(B).

Figure 249.54(B)

(8) Open Space. For all residential uses, 75 square feet of open space is required per dwelling unit. All residential open space must meet the provisions described in Section 135, except where modified through Design Review under Section 309.2. Open space requirements may be met with the following types of open space: "private usable open space" as defined in Section 135(a) of this Code, "common usable open space" as defined in Section 135(a) of this Code, and "publicly accessible open space" as defined in Section 135(h) and (i) of this Code, except that in the case of new publicly accessible streets, "publicly accessible open space" does not include the curb-to-curb area that is open to vehicles and includes only the sidewalk area. At least 36 square feet of open space per dwelling unit must be provided on-site.

ned in Section 135(a) of this Code, and "publicly accessible open space" as defined in Section 135(h) and (i) of this Code, except that in the case of new publicly accessible streets, "publicly accessible open space" does not include the curb-to-curb area that is open to vehicles and includes only the sidewalk area. At least 36 square feet of open space per dwelling unit must be provided on-site.

Exceptions to this requirement may be sought through the Section 309.2 approval process. For purposes of this Section "on-site" means the area within the new formulated blocks shown in Figure 249.54(B). On-site includes setback area, but not areas used to create new publicly accessible streets.

(9) Obstructions. Provisions in the Executive Park Design Guidelines shall be used in-lieu of Planning Code Section 136 in determining allowable obstructions.

(10) Off-Street Parking. The minimum off-street parking requirements set forth in Section 151.1 shall not apply. However, for the purpose of determining the maximum amount of parking allowed as an accessory use under Section 204.5, the amount of parking required by this Code shall be the amount specified in Section 151.1 for the use or activity.

(11) Parking Location in Building. Parking shall be located below the grade of the floor of the main pedestrian entrance to the building, with exceptions for (A) parking ingress and egress, and (B) parking spaces dedicated to car sharing, vanpools, and handicap accessible parking spaces. Notwithstanding the above, for sloping lots, building floor dedicated to parking may be partially above grade, if fully wrapped with active uses as defined by Planning Code Section 145.1.

(12) Off-street Loading. Off-street loading pursuant to Section 152 through 152.2 is not required. There is no limit to the number of allowed loading spaces as long as loading facilities meet the Executive Park Design Guidelines.

(13) Car Sharing. The car sharing provisions of Planning Code Section 166 shall apply to lots within the SUD.

(14) Signs. Sign controls for NC-2 Districts shall apply to the SUD in-lieu of sign controls for the underlying use district.

(15) Streetscape and Other Infrastructure Improvements.

(A) General Requirements For New Publicly Accessible Streets and Improvements to Existing Streets. For each building or phase of development, all bordering streets, including proposed new publicly accessible streets as shown on Figure 249.54(B), shall be fully improved for the entire width of the right-of-way consistent with the Executive Park Subarea Plan and the Executive Park Design Guidelines. If a proposed building or phase does not directly connect with Thomas Mellon Drive, Executive Park Boulevard West, Executive Park Boulevard North or Executive Park Boulevard East, construction of the building or phase must also include right-of-way improvements leading to at least one of these streets. Said improvements must be completed and operational prior to the issuance of the first certificate of occupancy, whether temporary or final ("the time of occupancy"), as required by the conditions of approval for each building or phase of development.

(B) General Requirements for New Publicly Accessible Open Space. To provide adequate public open space, the Executive Park Subarea Plan and Executive Park Design Guidelines identify three new public open space areas in the SUD as shown in Figure 249.54(B). For any building or phase of development that is immediately adjacent to any of the three identified open spaces in the SUD as shown in Figure 249.54(B), the construction of the open space shall be completed to the satisfaction of the City prior to the issuance of any temporary or final certificate of occupancy. This requirement applies to the first such building or phase of development adjacent to the open space.

(C) Planning Commission approval of a building or phase under Section 309.2 shall incorporate conditions for each building or phase that clearly identifies which portions of the publicly accessible streets and open space in Figure 249.54(B) will be constructed pursuant to Subsections (A) and (B) above.

The Planning Commission may make exceptions to these General Requirements in formulating the related conditions of approval in extraordinary circumstances, such as but not limited to: (1) a subject right-of-way or open space is wholly or partially on a property under different ownership; or (2) strict adherence to the delivery schedule pursuant to the General Requirements would require a portion of a newly constructed right-of-way or open space to be demolished and reconstructed within two years given construction phasing.

In making such exceptions, the Planning Commission shall include conditions that will assure either of the following: (1) that the delivery of open space or right-of-way improvements otherwise generally required at the time of occupancy be delivered no more than two years after said occupancy as guaranteed by a letter of credit acceptable to the City Attorney's Office or other instrument providing a similar level of guarantee acceptable to the City Attorney's Office; or (2) delivery of other public improvements as described in the Executive Park Subarea Plan of equal or greater value at the time of occupancy of the related build or phase of development.

two years after said occupancy as guaranteed by a letter of credit acceptable to the City Attorney's Office or other instrument providing a similar level of guarantee acceptable to the City Attorney's Office; or (2) delivery of other public improvements as described in the Executive Park Subarea Plan of equal or greater value at the time of occupancy of the related build or phase of development.

(D) Street improvements must comply with any applicable provisions of the San Francisco Charter or Municipal Code and adopted implementing regulations, including, without limitation, those contained in the City's Subdivision Code and Public Works Code regarding street lighting, sidewalk paving, stormwater management, landscaping and design of public structures.

(E) Conditions of approval of a building or phase within the SUD shall require the abutting property owner or owners to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner(s) and their successors and assigns of the respective property to be solely liable for any damage or loss occasioned by any act.

(F) Project Sponsors shall apply for all required permits for changes to the legislated sidewalk widths and street improvements and pay all required fees.

(Added by 144-11, File No. 110625, App. 7/18/2011, Eff. 8/17/2011; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (c)(1) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (c)(2)(A), (C), and (D) amended; Ord. 22-15, Eff. 3/22/2015. Division (c)(10) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.55. LOMBARD AND SCOTT STREET AFFORDABLE GROUP HOUSING SPECIAL USE DISTRICT.

In order to facilitate the establishment of affordable group housing use on the subject property, there shall be established the Lombard and Scott Street Affordable Group Housing Special Use District located at 3151-3155 Scott Street (Assessor's block 0937, Lot 001), as designated on Sectional Map 2SU of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within the Special Use District.

(a) Purpose. The Lombard and Scott Street Affordable Group Housing Special Use District is hereby established in order to facilitate the development of an affordable group housing project exclusively for transition-age youth.

(b) Applicability. The provisions of this Special Use District shall apply only to an affordable group housing project exclusively for transition-age youth by a nonprofit housing developer that receives funding from the San Francisco Mayor's Office of Housing to develop the project and any successors or assigns of the developer.

(c) Conditional Use Approval. In this Special Use District exceptions from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing for transition-age youth. A conditional use approval shall be required for any development subject to this Section 249.55. Such conditional use may grant the following exceptions from the requirements of this Code if the facts presented establish that the exceptions satisfy the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code. The following exceptions from the requirements of this Code are appropriate in order to further the goal of preserving and enhancing a group housing use for transition-age youth.

(i) Density. An affordable group housing project meeting the requirements of subsection (b) above is authorized to have a density of up to 24 units of group housing and one manager's unit, with a minimum number of 143 square feet of lot area for each bedroom. The rules for calculating density set forth in Section 208 of this Code shall apply.

(ii) Rear Yard. The rear yard requirement for NC-3 zoning districts set forth in Section 134 of this Code shall not apply to a rehabilitation project authorized by this Special Use District.

(iii) Open Space. The useable open space requirements for NC-3 zoning districts set forth in Section 135 of this Code shall not apply to a rehabilitation project authorized by this Special Use District.

(iv) Exposure. The exposure requirement set forth in Section 140 of this Code shall not apply for interior group housing units that do not face Scott Street or Lombard Street to a rehabilitation project authorized by this Special Use District.

(d) Expiration of Special Use District. In the event that the group housing facility described in subsection (a) has not received a certificate of final completion or certificate of final occupancy by December 31, 2015, the authorization and right vested by this ordinance shall be deemed void and cancelled, and this section 249.55 shall expire on January 1, 2016. (Added by Ord. 209-11, File No. 110589, App. 10/24/2011, Eff. 11/23/2011)

SEC. 249.59. CALLE 24 SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Calle 24 Special Use District, the boundaries of which are shown on Sectional Maps SU07 and SU08 of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purpose. The Calle 24 Special Use District is intended to preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District while accommodating new uses and recognizing the contributions of the Latino

community to the neighborhood and San Francisco. Realizing the purpose of the Calle 24 Special Use District will require the participation and coordination of residents, businesses, public agencies, and other community stakeholders. City agencies, including the Office of Economic and Workforce Development, will actively engage with new commercial uses to help achieve the purposes of the Calle 24 Special Use District. Such City agencies may act as resource for residents, businesses, and other community stakeholders when realizing and promoting the purposes of the Calle 24 Special Use District, including coordinating business partnerships, product offerings, and employment commitments. Specifically, the Calle 24 Special Use District is established to:

(1) Preserve and enhance the unique character of the Calle 24 Special Use District and recognize Latino cultural heritage through contextual architectural design, storefront size, signage, streetscape enhancements, artwork, and other elements of the built environment;

(2) Support the production or offerings of local or Latino artwork, arts activities, and crafts by retaining, developing, promoting, or offering these within the Calle 24 Special Use District;

(3) Preserve the contributions of Legacy Businesses to the history and identity of the Special Use District and the Calle 24 Latino Cultural District by preserving a Legacy Business;

(4) Retain, enhance and promote neighborhood serving businesses and institutions that serve a variety of households by making services and products available and accessible to residents, including immigrant and low-income and moderate-income households;

(5) Retain, enhance, and promote neighborhood-serving businesses and institutions that strengthen economic opportunities for local residents by developing partnerships amongst existing and new local businesses, institutions, vendors, and micro entrepreneurs; and

(6) Retain, enhance and promote neighborhood-serving businesses and institutions that enhance economic and workforce opportunities for local residents by coordinating with the Office of Economic and Workforce Development to engage with the City’s workforce system to provide employment opportunities, career trainings, and formal partnerships to identify and address both business and community workforce needs.

(c) Definitions. Whenever used in this Section 249.59, the following words and phrases shall have the definitions provided here:

“Calle 24 Latino Cultural District” shall refer to that area as established by Board of Supervisors Resolution No. 20114;

“Cultural Heritage” shall refer to those elements, both tangible and intangible, that help define the beliefs, customs and practices of a particular community. Tangible elements may include land, buildings, public spaces, or artwork. Intangible elements may include organizations and institutions, businesses, and cultural activities and events. These elements are rooted in the community’s history and are important in maintaining its identity.

nts, both tangible and intangible, that help define the beliefs, customs and practices of a particular community. Tangible elements may include land, buildings, public spaces, or artwork. Intangible elements may include organizations and institutions, businesses, and cultural activities and events. These elements are rooted in the community’s history and are important in maintaining its identity.

“Legacy Business” shall refer to a business as defined under the Administrative Code Section 2A.242 and included in the Legacy Business Registry.

(d) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within the Calle 24 Special Use District:

(1) Eating and Drinking Establishments. In addition to other prohibitions on such uses found within this Code, a new Restaurant use, new Limited-Restaurant use, new Bar use, or the physical expansion of any such existing use shall be prohibited where the concentration of those uses exceeds, or would exceed with the proposed use or physical expansion of an existing use, 35% of the total commercial frontage as measured in linear feet within the immediate area of the subject site. For the purpose of calculating the concentration of commercial frontage, the “immediate area” shall mean all properties located within 300 feet of the subject property within the Calle 24 Special Use District and in a zoning district that is not Residential or Public Use. Any project for which a development application, as defined in Section 401, was submitted by March 31, 2017 and any change in use from an existing Limited-Restaurant use to a Restaurant use shall be exempt from the requirements of this Section 249.59(d)(1).

(2) Conditional Use Authorization. The following, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303:

(A) First Story Commercial Use Space Mergers. Any merger of first story commercial use space where the merger would result in first story commercial use space greater than 799 gross square feet.

(B) Legacy Business. Any new non-residential use where the immediately prior use was a Legacy Business. This requirement shall not apply:

(i) where the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed; or

(ii) where the Legacy Business has removed itself or otherwise been removed from the Legacy Business Registry.

(C) A First Story Health Service use.

(3) Compatibility of Uses. For any commercial use that is subject to Conditional Use authorization under this Section 249.59 or any other section of the Planning Code, the Planning Commission shall make the following additional findings:

(A) Any physical improvements associated with the proposed use are, on balance, in conformity with any Calle 24 Design Guidelines adopted by the Planning Commission; and

(B) The use supports at least four of the purposes for establishing the Calle 24 Special District set forth in Section 249.59(b) above.

(Added by Ord. 85-17, File No. 170028, App. 3/31/2017, Eff. 4/30/2017; 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)

AMENDMENT HISTORY

Division (d)(2)(C) amended; Ord. 202-18, Eff. 9/10/2018. Division (d)(1) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT.

The Mission Alcoholic Beverage Special Use District (SUD) applies to the area generally bounded by Guerrero Street, San Jose Avenue, Randall Street, Mission Street, Cesar Chavez Street, Potrero Avenue and Fourteenth Street, as designated on Sectional Maps 7SU and 8SU of the Zoning Map of the City and County of San Francisco. The controls apply only within the boundaries of the SUD. There is a large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in this area. Bars and Restaurants are concentrated on the commercial corridors of Valencia Street, Mission Street, and 24th Street. Liquor Stores selling off-site liquor are distributed throughout this area. This concentration of alcoholic beverage establishments has contributed to numerous peace, health, safety and general welfare problems in the area.

The SUD, which has been in effect since 1987, was established to prohibit new establishments, or expansion of existing establishments, selling alcoholic beverages within the area and prohibited the transfer of liquor licenses. This has resulted in a freezing of entitlements that have less rigorous required operating conditions than are required today. While a net increase in Liquor Stores will continue to be prohibited, the transfer of a liquor license is permissible if the operating conditions currently in effect in the City and County of San Francisco are imposed on the transferee. The area would also benefit from new Grocery Stores of any size that may incidentally sell alcoholic beverages.

The following restrictions shall apply within such district:

(a) Prohibition of New Liquor Stores. No new Liquor Store, shall be permitted in the SUD, except that an existing Liquor Store may relocate pursuant to subsection (c) below.

(b) Allowed Alcohol-related Uses. Certain uses which are not likely to generate negative impacts on the surrounding area shall be allowed within the SUD as set forth below:

(1) The following uses shall be eligible for liquor licenses transferred from within the SUD as well as licenses transferred from outside the SUD:

(A) Bona Fide Eating Places. A Restaurant Use operating as a Bona Fide Eating Place shall be permitted to serve alcoholic beverages in this SUD.

(B) Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A "nonprofit theater" shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. A "non-profit theater" shall not include any dance hall, as defined in Section 1022 of the Police Code, a billiard parlor, pool hall, bowling alley, or Adult Business.

(C) Bowling Alleys and Mini-Golf Courses. A bowling alley or a mini-golf course shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such bowling alley or mini-golf course. General Entertainment uses, excluding those uses that require a Place of Entertainment permit, shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such General Entertainment use.

(D) Single Screen Movie Theaters. A single screen Movie Theater shall be permitted to serve alcoholic beverages, provided that (i) such use contains only a single screen and auditorium, (ii) only beer and wine are offered for consumption, and (iii) such beer and wine are: a. only consumed on the premises and primarily in the main theater auditorium, b. only sold and consumed by ticketholders and only immediately before and during performances, and c. only offered in conjunction with the screening of films and not as an independent element of the establishment that is unrelated to the viewing of films.

(E) Music Entertainment Facility. A music entertainment facility with a California Department of Alcoholic Beverage Control (ABC) Type 90 license shall be permitted to serve alcoholic beverages in this SUD.

(2) The following uses shall be eligible for liquor licenses transferred from within the district:

(A) General Groceries or Specialty Groceries that are 5,000 square feet or smaller. Such use shall require a Conditional Use authorization and shall be limited to a Type 20 Liquor License for Specialty Groceries and General Groceries, except that such use shall not sell a single beer or malt beverage in a container size of 24 oz. or smaller, or sell any malt beverage with an alcohol content greater than 5.7% by volume; or any wine in a container size less than 375 ml or with an alcohol content of greater than 15% by volume, except for “dinner wines” that have been aged two years or more and maintained in a corked bottle.

(B) General Groceries or Specialty Groceries that are greater than 5,000 square feet.

(C) A new or relocated Bar shall be considered pursuant to the underlying zoning, except that such authorization shall be as a Conditional Use. A new Bar shall use a liquor license transferred from another Bar from within the SUD.

(c) Existing Liquor Establishments. For purposes of this subsection, "liquor establishment" shall mean any establishment licensed by the State of California to sell alcoholic beverages except for those uses listed in subsection (b) (1)-(2) above. Any liquor establishment lawfully existing prior to the effective date of this Ordinance No. 180-13 and licensed by the State of California for the retail sale of alcoholic beverages, so long as otherwise lawful, is considered a nonconforming use pursuant to Section 180 , and is subject to the restrictions of Sections 181 and 183 with the following exceptions:

(1) Renovation and Repair. Temporary closure of an existing liquor establishment for not more than 120 days for repair, renovation or remodeling is allowed so long as such repair, renovation, or remodeling brings the existing use into closer conformity with the controls of this SUD, with the underlying zoning, or with urban design principles found elsewhere in this Code for active ground floor commercial spaces.

(2) Relocation. Relocation of an existing liquor establishment in this SUD to another location within this SUD may be allowed with Conditional Use authorization from the Planning Commission.

(3) Expansion. An existing liquor establishment may expand its use with Conditional Use authorization from the Planning Commission. In reviewing the application for such expansion, the Commission shall consider the establishment's

prior operating conditions.

(d) Good Neighbor Policies. The operating conditions established in Section 202.2 of this Code shall apply to all liquor establishments in this SUD in order to maintain the safety and cleanliness of the premises and vicinity. In addition, all new, relocated, or expanded liquor establishments, and any liquor establishment with a license referred for review to the Planning Department by the State of California Department of Alcohol Beverage Control, shall comply with the requirements set forth below. Liquor establishment shall have the meaning set forth in subsection (c) above.

(1) The liquor establishment shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and any adjacent parking, as appropriate to maintain security, without disturbing area residences.

(2) No more than 33% of the square footage of the windows and clear doors of the liquor establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner than ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. Street facing facades shall maintain at least 50% clear and visually-permeable glazing.

For any use authorized pursuant to a Conditional Use authorization after the effective date of Ordinance No. 143-14 repeated violations of the Good Neighbor Policies set forth in this subsection (d), of the operating conditions set forth in Section 202.2 of this Code, or of any conditions associated with a Condition of Approval shall require a hearing at the Planning Commission to consider revocation of the Conditional Use authorization.

(e) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Mission Alcoholic Beverage Special Use Subdistrict are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(f) Restaurants and establishments with ABC License Type 75. The following provisions shall apply to all parcels located east of the western boundary of the Mission Street Neighborhood Commercial Transit District (including parcels fronting 14th Street and east of Mission Street) and north of Cesar Chavez Street:

(1) Any proposed Restaurant use, as defined in Planning Code Section 102, must obtain Conditional Use authorization from the Planning Commission pursuant to Planning Code Section 303.

(2) New establishments with ABC License Type 75 are prohibited. Existing ABC License Type 75 establishments located within the SUD may relocate, subject to the underlying zoning district, within the SUD. (Added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. 220-11 , File No. 110767, App. 11/15/2011, Eff. 12/15/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 180-13 , File No. 130459, App. 8/7/2013, Eff. 9/6/2013; Ord. 143-14 , File No. 140236, App. 7/18/2014, Eff. 8/17/2014; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 273-18, File No. 180803, App. 11/20/2018, Eff. 12/21/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Formerly codified as Sec. 781.8; see that section for prior legislative history. Section redesignated; Ord. 140-11, Eff. 8/4/2011. Former divisions (c), (d), and (e) redesignated as [now former] (c)(1), (c)(2), and (d), respectively; [former] divisions (c)(3) and (c)(4) added; Ord. 220-11 , Eff. 12/15/2011. [Former] divisions (c)(1) and (c)(3) amended; Ord. 75-12 , Eff. 5/23/2012. [Former] divisions (c)(1) and (c)(2) amended; Ord. 56-13 , Eff. 4/27/2013. Undesignated introductory material and division (a) amended; new division (b) added; former division (b) redesignated as (c) and amended; former division (c) deleted; new division (d) added; former division (d) redesignated as (e); Ord. 180-13 , Eff. 9/6/2013. Divisions (b)(1)(C) and (d) amended; Ord. 143-14 , Eff. 8/17/2014. Division (a) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (a), (b)(1)(A)-(D), (b)(2)(A)-(C), and (d) amended; Ord. 129-17, Eff. 7/30/2017. Division (d)(2) and subsequent undesignated paragraph amended; Ord. 202-18, Eff. 9/10/2018. Divisions (f)-(f)(2) added; Ord. 273-18, Eff. 12/21/2018.

Undesignated paragraph following division (d)(2) amended; Ord. 63-20, Eff. 5/25/2020. Division (b)(1)(E) added; Ord. 249-23, Eff. 1/14/2024.

SEC. 249.61. 17TH AND RHODE ISLAND STREET GROCERY STORE SPECIAL USE SUBDISTRICT.

In order to facilitate the development of a neighborhood grocery store at 17th and Rhode Island Street in the Potrero Hill neighborhood, in an area that does not have a proliferation of off-sale Type 20 or Type 21 liquor establishments and previously was zoned M-1 (which permitted liquor stores as a principal permitted use), there shall be a 17th and Rhode Island Street Grocery Store Special Use Subdistrict, applicable to the NC-3 zoned block bounded by 17th Street, Rhode Island Street, Mariposa Street and Kansas Street (Assessor's Block 3978, Lot 1). The following provisions shall apply within the Special Use Subdistrict:

(a) One off-sale Type 20 and Type 21 liquor store, as defined by Section 102 of this Code, is permitted as a conditional use on the first or second story, provided that it is operated as an integral element of a grocery store of not less than 30,000 gross square feet.

(b) Nighttime Entertainment, as defined by Section 102 of this Code, shall not be permitted. (Added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Formerly codified as Sec. 781.10; see that section for prior legislative history. Section renumbered; Ord. 140-11, Eff. 8/4/2011. Divisions (a) and (b) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 249.62. THIRD STREET ALCOHOL RESTRICTED USE DISTRICT.

There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Bayview area. The existence of this many alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems in the area, including loitering, littering, drug trafficking, prostitution, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents and of visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area.

(a) In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Third Street Alcohol Restricted Use District (“Third Street Alcohol RUD”) is hereby established for the property in the area generally bounded by Islais Creek to the north, Quint Street, Phelps Street, Tampa Street, Bridgeview Drive, Newhall Street, Venus Street, and Egbert Avenue to the west, US Highway 101 to the south, and Mendell Street, La Salle Avenue, Keith Street, Palou Street, Jennings Street, and Ingalls Street to the east, as designated on Sectional Map Numbers 8 and 10.

• (1) No new on-sale or off-sale Liquor Establishment shall be permitted in the Third Street Alcohol RUD.

• (2) The prohibition on Liquor Establishments in subsection (a)(1) shall not be interpreted to prohibit the following:

• (A) Temporary uses, as described in Planning Code Sections 205.1 or 205.3;

(B) Establishment of a Liquor Establishment if application for such Liquor Establishment is on file with the California Department of Alcoholic Beverage Control (“ABC”) prior to the effective date of Ordinance No. 67-03 establishing the Third Street Alcohol RUD (May 19, 2003);

• (C) Sales of wine and brandy pursuant to an ABC License Type 2;

• (D) Sales and manufacturing of beer pursuant to an ABC License Type 23.;1 or

(E) Establishment of an on-sale Liquor Establishment with an ABC License Type 42 within the Bayview Neighborhood Commercial District, pursuant to a conditional use authorization as provided in Section 303.

(3) Continuation of Existing Prohibited Liquor Establishments. In the Third Street Alcohol RUD, any Prohibited Liquor Establishment may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions.

(A) A Prohibited Liquor Establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of Liquor Establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:

(i) Except as provided by Subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

(ii) Except as provided by Subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.

(B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License ("ABC" License) does not change except as indicated:

(i) A change in ownership of a Prohibited Liquor Establishment or an owner-to-owner transfer of an ABC License;

(ii) Re-establishment, restoration or repair of an existing Prohibited Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God;

(iii) Temporary closure of an existing Prohibited Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling;

(iv) Re-location of an existing Prohibited Liquor Establishment in the Third Street Alcohol RUD to another location within the same Third Street Alcohol RUD with conditional use authorization from the City Planning Commission, provided that the original premises shall not be occupied by a Prohibited Liquor Establishment, unless by another Prohibited Liquor Establishment that is also relocating from within the Third Street Alcohol RUD; or

(v) A change from a Type 21 (off-sale) to a Type 20 (off-sale beer and wine) license or a change from any Alcohol Beverage Control Board License type to a Type 41 (on-sale beer and wine - eating place).

(b) The following shall apply to all liquor establishments in the Third Street Alcohol RUD in order to maintain the safety of the premises and vicinity:

(1) Liquor establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences; and

(2) No more than 33 percent of the square footage of the windows and clear doors of Liquor establishments shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises.

(c) Definitions.

"Liquor establishment" shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.

“Off-sale liquor establishment” shall mean any Liquor Store use as defined in Section 102 of this Code.

"On-sale liquor establishment" shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board license type 40 (on-sale beer), type 42 (on-sale beer and wine public premises), type 48 (on-sale general-public premises) or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-

sale establishments may include but are not limited to bars serving alcoholic beverages. It shall not include types 41, 47, 51, 52, 59, 60, 61, 67, 70 or 75.

"Prohibited liquor establishment" shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Third Street Alcohol RUD and licensed by the State of California for the retail sale of alcoholic beverages for on- or off-site consumption, so long as otherwise lawful.

(d) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Third Street Alcohol Restricted Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(Added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. 35-14 , File No. 131121, App. 4/3/2014, Eff. 5/3/2014; Ord. 248-14 , File No. 140875, App. 12/17/2014, Eff. 1/16/2015; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 21-25, File No. 240932, App. 3/7/2025, Eff. 4/7/2025)

AMENDMENT HISTORY

Formerly codified as Sec. 782; see that section for prior legislative history. Section header amended and section renumbered; Ord. 140-11, Eff. 8/4/2011. Division (a)(2)(C) added; Ord. 35-14 , Eff. 5/3/2014. Division (a)(2)(D) added; subdivision designations amended within divisions (a)(3)(A), (a)(3)(B), and (c); Ord. 248-14 ; Eff. 1/16/2015. Division (c) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a)-(a)(2)(D) amended; division (a)(2)(E) added; Ord. 21-25, Eff. 4/7/2025.

CODIFICATION NOTE

1. So in Ord. 21-25.

SEC. 249.63. CAYUGA/ALEMANY SPECIAL USE DISTRICT.

A Special Use District entitled the Cayuga/Alemany Special Use District (Cayuga/Alemany SUD, or SUD), is hereby established for the purpose set forth in this Section 249.63.

(a) Location. The Cayuga/Alemany SUD is at 915 Cayuga Avenue and is generally bounded by Cayuga Street, Ocean Avenue, Alemany Boulevard, and Onondaga Avenue, and consists of Lot 039 of Assessor’s Block 6954, as designated on Sectional Map SU11 of the Zoning Map.

(b) Purpose. The purpose of the Cayuga/Alemany SUD is to give effect to the Development Agreement for the 915 Cayuga Project, as approved by the Board of Supervisors in the ordinance in File No. 190249. The Cayuga/Alemany SUD will facilitate the construction of a residential development project that provides family size housing of two or more bedrooms, and on-site affordable housing units, both at levels exceeding City requirements.

(c) Controls. All provisions of the Planning Code applicable to the Excelsior Outer Mission Neighborhood Commercial District shall apply to the Cayuga/Alemany SUD except as otherwise provided in this Section 249.63 .

(1) Dwelling Unit Density. There shall be no residential density limit within this SUD.

(2) Dwelling Unit Mix. The following dwelling unit mix criteria shall apply in this SUD:

(A) No less than 70% of the total number of proposed Dwelling Units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units;

(B) No less than 10% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Any

fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (c)(2)(i).

(3) Inclusionary Housing. The requirements of Section 415 of this Code shall apply in this SUD, except as expressly provided herein.

(A) Compliance with Section 415 shall be by providing affordable units on-site in accordance with Section 415.6. Payment of an affordable housing fee under Section 415.5, or construction of units off-site under Section 415.7 are not permitted to satisfy Section 415.

(B) The number of Affordable Units constructed on-site shall be 50% of the number of all units constructed on-site.

(i) Ten percent of the units shall be affordable to households earning 55% of Area Median Income, with households earning up to 65% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(i).

(ii) Ten percent of the units shall be affordable to households earning 80% or less of Area Median Income, with households earning from 65% to 90% of Area Median Income eligible to apply for units under this subsection (c)(3)(B) (ii).

(iii) Thirty percent of the units shall be affordable to households earning up to 100% of Area Median Income, with households earning from 90% to 130% of Area Median Income eligible to apply for units under this subsection (c)(3) (B)(iii).

(4) Demolition of Dwelling Units. No discretionary review or Conditional Use authorization pursuant to Section 317 or any other section of this Code shall be required for the demolition of any Dwelling Unit within this SUD.

(5) Development of Large Lots. Conditional Use authorization pursuant to Section 121.1 shall not be required.

(6) Off-Street Loading. Off-street loading spaces pursuant to Section 152 shall not be required.

(7) Off-Street Parking. Any increase in the number of off-street parking spaces subsequent to issuance of a first certificate of occupancy shall be subject to all applicable provisions of this Code, except that no new Conditional Use Authorization shall be required. Off-street parking shall not exceed a ratio of oneparking1 space for each dwelling unit.

(8) Planned Unit Developments. No Planned Unit Development under Planning Code Section 304 shall be authorized.

(9) Conditional Use. New residential development within the SUD shall be reviewed and approved in accordance with the Conditional Use authorization process of Section 303.

(A) In acting on any application for Conditional Use within this SUD, the Commission shall consider the Conditional Use requirements set forth in subsection 303(c), and in addition shall consider whether facts are presented to establish, based on the record before the Commission, one or more of the following:

(i) The proposed project promotes housing affordability by increasing the housing supply.

(ii) The proposed project provides housing on-site at levels significantly higher than the requirements of Section 415.

(B) In acting on any application for Conditional Use within this SUD, the Commission may modify the following requirements as stated:

(i) Rear Yard. The required rear yard per Section 134 may be reduced to no less than 25% of the lot area. Rear yard shall be provided at the lowest story containing a Dwelling Unit and at each succeeding story.

(ii) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140(a)(2) for up to 60% of dwelling units, or 75 units, whichever is more, may be satisfied through qualifying windows facing an unobstructed open area that is no less than nine feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(iii) Open Space. The open space requirements of Section 135 may be reduced to no less than 80 square feet per unit if private open space, or 100 square feet per unit if common open space, and there shall be no minimum required dimensions for private open space in inner courtyards. Any other space credited as private open space shall have a minimum horizontal dimension of six feet and a minimum area of 36 square feet. Any space credited as common usable open space shall have a minimum horizontal dimension of ten feet and a minimum area of 100 square feet.

(Added by Ord. 92-19, File No. 190250, App. 5/17/2019, Eff. 6/17/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

(Former Sec. 249.63 added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; repealed by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

AMENDMENT HISTORY

Divisions (c)(2)(i) and (ii) redesignated as (c)(2)(A) and (B) and amended; designation of division (c)(3)(B)(iii) corrected; Ord. 63-20, Eff. 5/25/2020.

CODIFICATION NOTE

1. So in Ord. 92-19.

SEC. 249.64. PARKMERCED SPECIAL USE DISTRICT.

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

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

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

(2) Uses.

(A) Principally Permitted Uses. The following uses are principally permitted:

(i) Parkmerced Residential (PM-R). Dwelling Units; Live/Work Units, provided any such Live/Work Unit is intended for small home business; community gathering spaces such as community rooms and kitchens, business centers, recreation facilities, and art facilities; and Child Care Facilities not larger than 5,000 occupied square feet;

(ii) Parkmerced Mixed Use – Social Heart (PM-MU1). All uses permitted in PM-R; locally serving Retail Sales and Service uses not larger than 15,000 occupied square feet per business establishment; one General Grocery Store not larger than 50,000 occupied square feet; and Business Service, Design Professional, and Non-Retail Professional Service Uses, provided such Non-Retail Uses shall not exceed 10,000 occupied square feet per business if located on the ground floor of any building;

(iii) Parkmerced Mixed Use – Neighborhood Commons (PM-MU2). All uses permitted in PM-R; locally serving Retail Sales and Service Uses not larger than 5,000 occupied square feet per business establishment; and Business Service, Design Professional, and Non- Retail Professional Service Uses not larger than 5,000 occupied square feet per business, provided that such use does not occupy more than 2,000 occupied square feet per business establishment on the ground floor;

(iv) Parkmerced School (PM-S). Child Care Facilities, pre-schools and one elementary school; all uses permitted in PM-R provided at least 25,000 square feet of the above School uses have been constructed or approved

within the district. Pursuant to this zoning designation, child care facilities, pre-schools and elementary school uses shall provide direct access to adjacent, dedicated public open spaces;

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

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

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

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

(i) any use that is not principally permitted in a given district and is not prohibited by Section (b)(2)(C) below; (ii) any use in excess of the maximum occupied square footage permitted as a principally permitted use by Section (b)(2)(A);

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

(iv) a Wireless Telecommunications Services Facility. This proposed use is subject to the Conditional Use criteria set forth in Section 303, in addition to the criteria set forth below.

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

(C) Prohibited Uses. The following uses shall be prohibited within this Special Use District: Drive-Up Facility; Adult Business; and General Advertising Sign. Notwithstanding Sections (b)(1)(A) and (b)(1)(B) above, any NonResidential Use that could pose a nuisance to surrounding Residential Uses shall be prohibited.

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

(4) Building Standards.

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

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

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

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

on a daily, weekly, monthly or annual basis) until such time as sufficient additional development is completed to bring the overall parking ratios in conformance with the applicable ratio. At Project completion, the ratio for off-street parking constructed shall not exceed the above ratios or the following total amounts, whichever is less: 8,900 residential spaces; and 550 non-residential spaces.

(6) Usable Open Space Requirements for Dwelling Units. Usable open space meeting the standards of Section 135 of this Code shall be provided for each Dwelling Unit in the following ratios: 36 square feet if private or 48 square feet if common. In no event shall any space in a public right-of-way, publicly-accessible “paseo” (as defined in the Parkmerced Design Standards and Guidelines), or public open space required by the Development Agreement, including Juan Bautista Circle, the Transit Plaza, the Farm, the Sports Fields, Belvedere Gardens, the Neighborhood Commons or the Community Gardens (each as more specifically defined in the Parkmerced Design Standards and Guidelines), be counted in satisfaction of the requirements of this subsection (b)(6).

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

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

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

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

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

Figure 3: Major Modifications

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

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

Figure 4: Minor Modifications

Figure 4: Minor Modifications Development Blocks and Easements. A deviation of 10 percent or less from the dimensional standards set forth in Section 02.01.03 (Pedestrian Paseos), Section 02.01.05 (Pedestrian Walks) and Figure 02.01B (Pedestrian Paseos and Walks) of the Parkmerced Design Standards and Guidelines. View Corridors. Modification of the planting specifications set forth in Section 02.02.01 (Neighborhood Controls – View Corridors) of the Parkmerced Design Standards and Guidelines. Lot Coverage and Usable Open Space. A deviation of 10 percent or less from the numerical standards set forth in Sections 03.02.04 (Usable Open Space), 03.02.05 (Semi-Private Open Space), and 03.02.06 (Private Open Space) of the Parkmerced Design Standards and Guidelines. Bulk and Massing. A deviation of 10 percent or less from the numerical standards set forth in Section (b)(4) of this Special Use District and Section 03.04 (Building Controls – Bulk + Massing) of the Parkmerced Design Standards and Guidelines. Setbacks. A modification of the standards set forth in Section 03.05 (Building Controls – Setback) of the Parkmerced Design Standards and Guidelines. Streetwall. A modification of the standards set forth in Section 03.06 (Building Controls – Streetwall) of the Parkmerced Design Standards and Guidelines. Residential Base. A modification of the standards set forth in Section 03.07 (Building Controls – Residential Base) of the Parkmerced Design Standards and Guidelines. Commercial Base. A modification of the standards set forth in Section 03.08 (Building Controls – Commercial Base) of the Parkmerced Design Standards and Guidelines.

Façade. A modification of the standards set forth in Section 03.09 (Building Controls – Façade) of the Parkmerced Design Standards and Guidelines.

Building Top. A modification of the standards set forth in Section 03.10 (Building Controls – Building Top) of the Parkmerced Design Standards and Guidelines. Lighting. A modification of the standards set forth in Section 03.13 (Building Controls – Lighting) of the Parkmerced Design Standards and Guidelines. Car Parking and Storage. Modification of the standards set forth in Section 4.02 (Car Parking + Storage) of the Parkmerced Design Standards and Guidelines; notwithstanding the foregoing, modification of Sections 04.02.01 (Off-Street Parking), 04.02.02 (Parking Location) and 04.02.05 (Unbundled Parking) shall not be allowed. Loading and Servicing. Modification of the standards set forth in Section 04.03 (Loading + Servicing), except Section 04.03.05 (Limited Impact) (modification of which shall be deemed a Major Modification), of the Parkmerced Design Standards and Guidelines.

(d) Project Review and Approval.

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

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

accordance with the allowances of this Section, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the Parkmerced Design Standards and Guidelines and provides architectural treatment and public benefit that are superior to strict compliance with the standards.

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

(4) Approvals and Public Hearings.

(A) Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District and the Parkmerced Design Standards and Guidelines and the findings and recommendations of the staff report. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Parkmerced Design Standards and Guidelines, the Planning Director's discretion to approve or disapprove the project shall be limited to the project's consistency with the qualitative elements of the Parkmerced Design Standards and Guidelines and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Minor Modifications, in accordance with the

procedures of subsection (B) below. If a Minor Modification is not sought, any Planning Commission review of the project shall be limited to the project's consistency with the qualitative elements of the Parkmerced Design Standards and Guidelines. Upon approval the Planning Director shall, promptly, mail notice of the determination to the applicant and owners of real property within 300 feet of all exterior boundaries of the project area, using for this purpose the names and addresses shown on the citywide assessment roll in the Office of the Tax Collector, and any other person who has requested such notice.

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

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

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

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

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

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

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

y proposed project that triggers the construction of a Community Improvement pursuant to the Development Agreement Phasing Plan or any project mitigation measure. The Community Improvement design review application shall include site plans, sections, elevations, renderings, and landscape plans, the purpose of which is to illustrate the overall concept design of the proposed Community Improvement.

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

application if it so conforms or propose modifications to the design review application to ensure its conformance. Any proposed modifications shall be consistent with the requirements of the Development Agreement, for so long as it is in effect.

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

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

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

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

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

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

(Added by Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011; amended by Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Division (b)(2)(B) amended; division (b)(2)(B)(iv) added; Ord. 166-16 , Eff. 9/10/2016. Divisions (b)(2)(A)(i)-(iv), (b)(2) (A)(vi), (b)(2)(C), (b)(5), (b)(6), and (d)(8) amended; Ord. 129-17, Eff. 7/30/2017. Division (b) amended; Ord. 249-23, Eff. 1/14/2024.

SEC. 249.65. BAYSHORE BOULEVARD HOME IMPROVEMENT SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Bayshore Boulevard Home Improvement Special Use District, the boundaries of which are designated on Sectional Maps SU08 and SU10 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below. The Bayshore Boulevard Home Improvement Special Use District consists of properties on lots fronting Bayshore Boulevard from Jerrold Avenue south to the I-280 Freeway, the west side of Loomis Street from Jerrold Avenue south to the I-280 Freeway, Oakdale Avenue from Loomis Street to Bayshore Boulevard, Marengo Street from Bayshore Boulevard to Waterloo Street and the west side of Boutwell Street from Industrial Street south to the I-280 Freeway, and also include some lots on Cortland Avenue; the blocks and lots included in the Bayshore Boulevard Home Improvement Special Use District are designated in amendments to Sectional Maps SU08 and SU010 of the Zoning Map of the City and County of San Francisco.

(b) Purpose. The purpose of the Bayshore Boulevard Home Improvement Special Use District is to encourage and promote businesses of varying types that are focused on home improvement, particularly those that emphasize sensitivity to the environment and sustainable use of natural resources through products offered and/or treatment of the site and building. The Bayshore Boulevard Home Improvement Special Use District intends to create a mixed commercial district, which includes retail and production, distribution and repair businesses, to enable synergies between retail and other businesses dedicated to the physical improvement of property and related home furnishings. The intent of this district is also to retain and promote locally grown businesses and to provide employment opportunities at a wide range of levels for local residents. The Special Use District is located in a Redevelopment Plan Area, for which local hiring is an explicitly stated goal. The Bayview Hunters Point "Employment and Contracting Policy," an adopted Redevelopment Agency document, establishes construction, permanent, and trainee goals for certain types of projects in the area. These goals meet or exceed the requirements of Chapter 83 of the San Francisco Administrative Code (First Source Hiring Policy) and San Francisco's CityBuild Program. This Special Use District was created in conjunction with other citywide initiatives to physically and economically improve the project area and create a coherent and identifiable place in San Francisco for consumers to find home improvement related businesses and services.

s of Chapter 83 of the San Francisco Administrative Code (First Source Hiring Policy) and San Francisco's CityBuild Program. This Special Use District was created in conjunction with other citywide initiatives to physically and economically improve the project area and create a coherent and identifiable place in San Francisco for consumers to find home improvement related businesses and services.

(c) Controls. The following controls shall apply in the Bayshore Boulevard Home Improvement Special Use District: (1) A Retail Sales and Services use as defined in Section 102 of this Code, except for Motels and Hotels, shall be permitted regardless of the use size limitations in the PDR Zoning Control Table, however the use size controls set forth in Section 121.6 and Table 210.3A shall continue to apply.

(2) Establishment of any of the following uses shall require Conditional Use authorization under Section 303 of this Code:

(A) a Formula Retail use as defined in Section 303.1 of this Code that is 10,000 square feet or larger;

(B) a Liquor Store as defined in Section 102 of this Code;

(C) a Drive Up Facility as defined in Section 102 of this Code;

• (D) an Adult Business establishment as defined in Section 102 of this Code;

(E) an Automotive use as defined in Section 102 of this Code; and

(F) a Fringe Financial Service as defined in Section 102 of this Code.

(3) No off-street parking spaces shall be required. The maximum permitted number of accessory off-street parking spaces shall be that which would apply to accessory off-street parking for a PDR-2 District absent this Special Use District.

(4) The following projects shall be consistent with the policies and guidelines of the "Bayshore Boulevard Home Improvement District Design Guidelines" as adopted by the Planning Commission and amended from time to time:

• (A) New construction; or

• (B) An increase in gross floor area of more than 25 percent.

(5) The provisions set forth in Section 202.7 of this Code, which relate to demolition of industrial buildings in PDR districts, shall not apply.

(6) Formula retail uses as defined in Section 303.1 of this Code that are 10,000 square feet or larger shall be subject to the Redevelopment Agency's Bayview Hunters Point "Employment and Contracting Policy."

(d) Conditional Use Authorization Criteria. In evaluating any Conditional Use Authorization application pursuant to these controls, the Planning Commission shall consider the following criteria in addition to the criteria of Section 303:

(1) The proposal is in conformity with the purpose and intent of the Bayshore Boulevard Home Improvement Special Use District;

(2) The proposal contributes to the sustainable character and function of the Bayshore Boulevard Home Improvement SUD;

(3) The proposal is consistent with the policies and guidelines of the Bayshore Boulevard Home Improvement District Design Guidelines.

(Added by 313-10, File No. 101313, App. 12/21/2010; amended by 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; 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. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Divisions (c)(1) and (c)(5) amended; Ord. 56-13 , Eff. 4/27/2013. References amended in divisions (c)(2)(A) and (c)(7); Ord. 235-14 , Eff. 12/26/2014. Divisions (c)(1) and (c)(2)(A)-(F) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (c)(1) and (c)(2)(A) amended; Ord. 188-15 , Eff. 12/4/2015. Division (c)(5) amended; former division (c)(6) deleted; former division (c)(7) redesignated as division (c)(6); Ord. 202-18, Eff. 9/10/2018.

SEC. 249.66. CHINATOWN TRANSIT STATION SPECIAL USE DISTRICT.

(a) Purpose. In order to facilitate the construction of the Central Subway, the extension of the Third Street Light Rail Line from the Caltrain Terminal at 4th Street and King Street to an underground station in Chinatown, there shall be a Chinatown Transit Station Special Use District consisting of Lot 1, of Assessor's Block 0211, as designated on Sectional Map SU01 of the Zoning Map of the City and County of San Francisco.

(b) Special Controls. The following controls apply to projects within the special use district and to any subsequent alterations or changes in use in a building approved under this Section.

All otherwise applicable provisions of the Planning Code shall apply to this Special Use District with the exception of Sections 312 and 317.

(Added by Ord. 41-12 , File No. 111210, App. 3/5/2012, Eff. 4/4/2012; amended by Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)

AMENDMENT HISTORY

Former division (b)(1) undesignated and amended; Ord. 208-19, Eff. 10/21/2019.

Editor’s Note:

See also Ord. 40-12 , File No. 111211, App. 3/5/2012, Eff. 4/4/2012 ("Zoning Map Amendment - Chinatown Transit Station Special Use District").

SEC. 249.67. ART & DESIGN EDUCATIONAL SPECIAL USE DISTRICT.

(a) Purpose. The Art & Design Educational Special Use District is intended to facilitate the continued operation of the California College of the Arts campus at 1111 Eighth Street, which is characterized by instruction in industrial arts and/or fine arts, while providing an appropriate regulatory scheme for a potential phased expansion of the campus in the future.

(b) Geography. The boundaries of the Art & Design Educational Special Use District are shown on Sectional Map No. SU08 of the Zoning Map. The area includes Parcel numbers 3808/004, 3820/002, 3913/002, and 3913/003.

(c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, including but not limited to the provisions of the PDR-1-D zoning district, except as otherwise provided in this Section.

(1) Postsecondary Educational Institutional Uses. Postsecondary educational institutional uses are exempted from use size limitations and shall be permitted as of right. Postsecondary educational institutional uses for the purposes of academic, professional, business or fine-arts education shall have an institutional master plan considered by the Planning Commission pursuant to Section 304.5 of this Code.

(2) Student Housing. Student Housing, as defined by Section 102 of this Code, is permitted subject to the following requirements:

(A) For any housing project within this Special Use District, the standards for development project review, entitlement process, and impact fees of the UMU District shall apply.

(B) The total number of beds on all parcels within the Special Use District shall not exceed 750. The number of beds per parcel is not limited, but will be determined by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage.

(3) Temporary Structures. The Zoning Administrator may authorize a temporary structure without a public hearing provided that the structure is occupied by a use that is permitted by right or is a use authorized by this Section 249.67. (Added by Ord. 108-13 , File No. 111278, App. 6/21/2013, Eff. 7/21/2013; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Division (c)(2) amended; former divisions (c)(2)(i) and (ii) redesignated as (c)(2)(A) and (B); Ord. 22-15, Eff. 3/22/2015.

SEC. 249.68. CESAR CHAVEZ/VALENCIA STREETS MEDICAL USE SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Cesar Chavez/Valencia Streets Medical Use Special Use District, the boundaries of which are shown on Sectional Map No. SU07 of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purposes. To provide the floor area ratio necessary to develop an improved and expanded medical center – including medical office building – on the site that has been long occupied by the existing St. Luke's Hospital and Medical Center and to allow compliance with State of California mandates for seismically safe hospitals at the current St. Luke's site, there shall be a Cesar Chavez/Valencia Streets Medical Use Special Use District consisting of Assessor's Block 6576, Lot 021, Assessor's Block 6575, Lots 001 and 002, and the portion of San Jose Avenue located between Cesar Chavez Street and 27th Street, and their successor Blocks and Lots, bounded to the south by Duncan Street, San Jose Avenue, and 27th Street; to the north by Cesar Chavez Street; to the east by Valencia Street; and to the west by residential parcels adjacent to Guerrero Street, as designated on Section Map SU07 of the Zoning Map of the City and County of San Francisco.

(c) Controls. All the applicable provisions of the Planning Code for the RH-2 Districts shall apply within this Special Use District except for the following:

(1) Floor Area Ratio. A floor area ratio of up to 2.6:1.0 shall be permitted by Conditional Use Authorization, if such Conditional Use Authorization is part of a hospital, medical center – including a medical office building – or other medical institution.

(Added by Ord. 132-13 , File No. 120358, App. 7/11/2013, Eff. 8/10/2013, Oper. 9/9/2013)

SEC. 249.69. CHINESE HOSPITAL SPECIAL USE DISTRICT.

(a) Purposes. In order to facilitate the development of a new Chinese Hospital located at 835 and 845 Jackson Street, (Assessor's Block 0192, Lot 041), which development will insure the retention and continuation of general acute health care services to local residents, the Chinese Hospital Special Use District ("Chinese Hospital SUD") is established as

shown on Sectional Map SU01 of the Zoning Map of the City and County of San Francisco. The Chinese Hospital SUD consists of Assessor's Block 0192, Lot 041.

(b) Controls. All provisions of the Planning Code currently applicable to the Chinatown Residential Neighborhood Commercial District ("CRNC") shall apply to the Chinese Hospital SUD, except as specifically provided in this Section 249.69. The following controls shall apply in the Chinese Hospital SUD:

(1) Conditional Use Authorizations. In making determinations on applications for conditional use authorizations under Section 303 of this Code, the Planning Commission shall consider the purposes set forth in subsection (a) above, in addition to the criteria set forth in Section 303. In addition to the conditionally permitted uses in the CRNC District, uses that exceed the use size maximums set forth in Section 121.4 shall be permitted as a conditional use.

(2) Signs. In addition to any signs permitted in the CRNC District (including as provided in Section 607.2), the following shall be permitted:

(A) One sign, which may be illuminated 24 hours per day, seven days per week, up to 28 feet in width, with an area not to exceed 42 square feet, placed on top of a marquee that is no greater than 58 feet in width, projecting no more than 6 feet from the facade of the building and not exceeding twenty feet in height at the principal entrance to the hospital; and

(B) One sign, which may be illuminated 24 hours per day, seven days per week, up to 12 feet in width with an area not to exceed 12 square feet, placed on top of a marquee that is no greater than 14 feet in width, projecting no more than 6 feet from the facade of the building and not exceeding a twenty feet in height at the emergency entrance to the hospital.

(3) Lot Size. In addition to the criteria of Section 303 of the Code and Section (b)(1) above, and in lieu of the criteria in Section 121.3, the Planning Commission shall consider whether the proposed use will serve the neighborhood, in whole or in significant part, when making determinations on applications for conditional use authorizations under Section 121.3.

(4) Floor Area Ratio. The applicable floor area ratio for hospitals or medical centers shall be 6.8:1.

(5) Open Space Requirements. For institutional developments exceeding 10,000 gross square feet, the requirements of Section 135.1 shall not apply, provided that:

(A) Any such development provide one square foot of usable open space for every 130 square feet of gross floor area; and

(B) The design of the open space is approved by the Planning Commission.

(6) Streetscape and Pedestrian Improvements. The requirements of Section 138.1(c)(1) shall not apply, provided that a landscape and street improvement plan for a project and/or any adjacent street or alley space is approved by the Planning Commission.

(7) Maximum Street Frontages. The requirements of Section 145.3 governing street frontages shall not apply.

(8) Hours of Operation. Hospitals and medical centers may operate 24 hours per day, seven days per week. (Added by Ord. 192-12 , File No. 120475, App. 9/14/2012, Eff. 10/14/2012)

Editor's Note:

See also Ord. 193-12 , File No. 120753, App. 9/14/2012, Eff. 10/14/2012 ("General Plan Amendment - Chinese Hospital Special Use District").

SEC. 249.70. [EXPIRED.]

(Added by Ord. 33-13 , File No. 130019, App. 3/6/2013, Eff. 4/5/2013 ; amended for technical corrections 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; expired 4/5/2018)

Editor's Note:

This section's enacting ordinance provides "This Ordinance shall become operative only upon the later of 30 days from the date of passage or the date that a lease authorized by SFMTA Resolution 13-023, regarding use of 1731 Powell for extraction of the tunnel boring machines for the Central Subway project, becomes effective. A copy of said Resolution is on file with the Board of Supervisors in Board File Number 130019." See Ord. 33-13 § 6.

SEC. 249.71. YERBA BUENA CENTER MIXED-USE SPECIAL USE DISTRICT.

(a) General. A special use district entitled the "Yerba Buena Center Mixed-Use Special Use District," consisting of Assessor's Block 3706, Lots 093 and 275, and portions of Assessor's Block 3706, Lot 277, is hereby established for the purposes set forth below. The boundaries of the Yerba Buena Center Mixed-Use Special Use District are designated on Sectional Map No.1 SU of the Zoning Map.

(b) Purpose. The purpose of the special use district is to facilitate the development of a mixed-use project at the corner of Third Street and Mission Street, which will include cultural/museum, residential, and retail/restaurant. Including a museum component within the project will strengthen the district of cultural institutions that are already established in the area, including SFMOMA, the Yerba Buena Center for the Arts, the Museum of the African Diaspora, the Contemporary Jewish Museum, the Cartoon Art Museum, the Children's Creativity Museum, and the California Historical Museum.

(c) Use Controls. The following provisions shall apply to the special use district:

(1) Cultural Uses. The special use district shall require the development of at least 35,000 net square feet of cultural, museum, or similar public-serving institutional use with frontage on Jessie Square as part of the project. Pursuant to the terms of the Purchase and Sale Agreement (the "Purchase Agreement") between the Successor Agency to the Redevelopment Agency of the City and County of San Francisco (the "Successor Agency") and the project sponsor, (A) before any other project use may receive a certificate of occupancy, the "core-and-shell" of the cultural, museum, or similar public-serving institutional use must be constructed; and (B) the project sponsor must contribute to an operating endowment to the museum at the times specified in the Purchase Agreement.

(2) Permitted Uses. The principally permitted uses in the special use district include (A) the cultural use set forth in Section 249.71(c)(1) above; (B) a residential development with approximately 4,800 square feet of retail/restaurant space; and (C) all uses that are principally permitted in the C-3-R District. The uses in the special use district shall include, at a minimum (A) the cultural use set forth in Section 249.71(c)(1) above; (B) no fewer than 145 dwelling units; and (C) ground-floor retail or cultural space in the Aronson Building. All uses which are conditionally permitted with conditional use authorization in the C-3-R District are conditionally permitted with conditional use authorization in the special use district to the extent such uses are not otherwise designated as principally permitted uses pursuant to this Section 249.71(c)(2).

(3) Inclusionary Affordable Housing Program. Development within the special use district shall be subject to the Inclusionary Affordable Housing Program, as set forth in Sections 415 through 415.9, through the payment of an in-lieu fee, which is currently equal to 20% of the total number of residential units in the principal project. Additional affordable housing requirements are expected to be imposed through negotiations with the Successor Agency to the Redevelopment Agency above and beyond the requirements of Sections 415 through 415.9.

(4) Floor Area Ratio. The floor area ratio limits set forth in Sections 123 and 124 for C-3-R Districts shall not apply within the special use district.

(5) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140 shall not apply within the special use district.

(6) Rooftop Screening. Section 260(b)(1)(F) shall apply within the special use district, except that the rooftop form created by any additional building volume shall not exceed 30 feet in height, measured as provided in Section 260(a), and shall not exceed a total volume, including the volume of the features being enclosed, equal to three-fourths of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 30.

(7) Bulk. The bulk limits for new construction in the special use district at heights above 160 feet shall be as set forth in Table 1 below:

Table 1: Bulk Limits for New Construction At Heights Above 160 Feet

Max Floor Plate

13,000 gsf

(8) Protected Street Frontages.

(A) Section 155(r)(4)(A)-(B) shall not apply within the special use district.

(B) For the purposes of Section 155(r)(4)(C), the project does not have alternative frontage to Third Street and Mission Street, and therefore curb cuts accessing off-street parking or loading off Third Street and Mission Street may be permitted as an exception pursuant to Section 309 and Section 155(r)(4)(C).

(9) Dwelling Unit Density. No conditional use authorization pursuant to Section 303(c) is required for a dwelling unit density which exceeds the density ratios specified in Section 215 for the C-3-R District.

(d) Interpretation. In the event of inconsistency or conflict between any provision of this Section 249.71 and any other provision of the Planning Code, this Section 249.71 shall prevail.

(e) Sunset Provision. This Section 249.71 shall be repealed 5 years after its initial effective date unless the Project has received a first construction document or the Board of Supervisors, on or before that date, extends or re-enacts it. (Added by Ord. 177-13 , File No. 130570, App. 8/2/2013, Eff. 9/1/2013; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (c)(8)(A)-(B) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.73. JEWISH HOME OF SAN FRANCISCO SPECIAL USE DISTRICT.

A Special Use District entitled the Jewish Home of San Francisco Special Use District (“District”), the boundaries of which are shown on Special Use District Map SU11 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set out below.

(a) Purpose. The purpose of the District is to facilitate the provision of a Residential Care Facility for the elderly, accomplished by augmenting existing residential care facilities with additional residential care facility and supportive uses, beyond those typically permitted within a Residential Care Facility, as defined in Planning Code Section 102, that will provide a comprehensive array of programs, services, and levels of housing and care to reach a broader spectrum of the senior population, including both resident and non-resident seniors. The District will facilitate an institutional development pattern appropriate for a Residential Care Facility for the elderly, while also respecting the surrounding neighborhood context. To achieve this purpose, this District will:

(1) Provide skilled nursing facilities and licensed residential care facilities for the elderly, and

(2) Provide a range of uses and services to residents, visitors, employees, and the general public. Such uses may be accessory to the Residential Care Facility, or may be principal uses, when permitted. These uses may include Health Service Uses (including but not limited to medical office, laboratories and outpatient clinics); acute care psychiatric hospital uses; other Institutional Uses (including but not limited to religious facilities, adult day care, assembly and social services); Personal Services; administrative office space; and Retail Uses.

(b) Controls. Applicable provisions of the Planning Code shall apply except as otherwise provided in this Section 249.73. In the event of a conflict between other provisions of the Planning Code and this District, this Section 249.73 shall control.

(1) Accessory Uses. In this District, exceptions from otherwise applicable requirements of the Planning Code may be appropriate to further the goals set forth in this Section 249.73. Accessory uses within this District shall be governed by Planning Code Section 703(d). Outpatient services, acute care psychiatric hospital uses, and all other uses listed in Section 249.73(a)(2) shall be permitted as Accessory Uses and may be made available to non-resident seniors.

(2) Non-Residential Uses. In this District, exceptions from otherwise applicable requirements of the Planning Code may be appropriate to further the goals set forth in this Section 249.73 to provide care for the elderly. In addition to the uses that are otherwise permitted as principal or conditional uses in the RH-2 Zoning District, Non-Residential uses

permitted within the Excelsior Outer Mission Street Neighborhood Commercial District shall also be permitted as a Planned Unit Development modification pursuant to Planning Code Section 304(d)(5), provided, however, that such uses shall not be limited to serving only residents of the immediate vicinity.

(3) Floor Area Ratio. The permitted floor area ratio for any individual lot within the District shall not exceed 2.1:1; provided, however, the cumulative floor area ratio for the entire District shall not exceed 1.8:1.

(4) Rear Yards. The rear yard requirements of Planning Code Section 134 shall not apply to any Non-Residential use within this District.

(5) Off-Street Automobile Parking. No more than a total of 224 off-street accessory parking spaces may be permitted within this Special Use District, provided that any parking proposed above the 224 parking space maximum shall not be considered accessory parking but as a principal use that shall require conditional use authorization. In considering an application for a conditional use for any such parking, the Planning Commission shall consider the criteria set forth in Section 157 of this Code.

(6) Signs. Signage shall be regulated as provided in Section 607.1 of this Code for an NC-3 District, except that up to four identifying signs within the District shall be permitted, and the height of wall signs shall not exceed 30 feet on the wall to which the sign is attached.

(Added by Ord. 187-15, File No. 150846, App. 11/4/2015, Eff. 12/4/2015; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Undesignated introductory paragraph and division (b)(1) amended; Ord. 202-18, Eff. 9/10/2018.

Editor's Note:

See also Ord. 186-15, File No. 150845, App. 11/4/2015, Eff. 12/4/2015, regarding General Plan amendments relating to this Special Use District.

SEC. 249.74. FIFTH AND MISSION SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Fifth and Mission Special Use District ("District"), the boundaries of which are shown on Sectional Map SU01 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out below.

(b) Purpose. The purpose of the District is to give effect to the Development Agreement for the Fifth and Mission Project as approved by the Board of Supervisors in Ordinance No. 206-15, The District will facilitate the reuse of underutilized lands in downtown San Francisco, including the San Francisco Chronicle, Camelline and Dempster Buildings; unify zoning of the lots included in the District; to encourage mixed-use development of the District as an integrated whole; and provide benefits to the City such as open space, cultural, arts, residential and commercial uses proximate to major transit routes, affordable housing, job opportunities and streetscape improvements.

The District expands existing residential density provisions to require at least 40% 2-bedroom units in residential buildings and permits cultural, centralized open space, retail, office and related uses, as well as child care, affordable housing, a first source hiring program, affordable housing fees, transit and transportation fees, art and school fees, bicycle parking, and streetscape improvements.

In addition, at build-out, under a Development Agreement, which will take effect only if the District takes effect, the developer would provide a broad array of community benefits in excess of existing City requirements and without displacing residents: 40% of the total 600 units of market rate housing as affordable housing; more than one acre of public open space in place of parking lots and on the historic Chronicle Building rooftop; earlier affordable housing fees dedicated to the area surrounding the project, as well as land for affordable senior housing; support for youth development programs in the immediate project area; a workforce program funding job readiness, barrier removal, job resources for disadvantaged adults and information and communication internships and training, as well as specialized construction

rooftop; earlier affordable housing fees dedicated to the area surrounding the project, as well as land for affordable senior housing; support for youth development programs in the immediate project area; a workforce program funding job readiness, barrier removal, job resources for disadvantaged adults and information and communication internships and training, as well as specialized construction

training and a local business utilization program; anticipated annual average of approximately 1,200 construction jobs during construction, approximately 3,150 new permanent jobs, and an approximately $12,100,000 annual increase in general fund revenues; a transportation program providing for specific sidewalk and pedestrian improvements; a transportation management program; a transit fee for specific area improvements to enhance bicycle and pedestrian safety; a contribution of the existing historic Dempster Building to non-profit cultural, arts and other uses and funding for its rehabilitation; funds for capital improvements and studies for the historic Old Mint Building; and funding for the establishment of the Filipino Cultural Heritage District.

(c) Relationship to Design for Development. The Fifth and Mission Design for Development dated September 3, 2015 adopted by the Planning Commission (Resolution No. 19465) and Board of Supervisors as part of this Special Use District (the "Design for Development") sets forth design Standards and Guidelines (as defined therein) for implementing the development controls applicable to the District. A copy of the Fifth and Mission Design for Development is on file with the Clerk of the Board of Supervisors in File No. 150787 and is incorporated herein by reference, and as may be amended from time to time by the Planning Commission upon application by the property owner.

(d) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section and the Design for Development. In the event of a conflict between other provisions of the Planning Code, the Design for Development, or this District, the provisions of this District shall control.

(1) Additional Permitted Uses.

(A) Active Ground Floor Uses. In addition to ground floor uses permitted within the C-3-S district, any retail, office, education or cultural use is permitted at the ground floor level of an existing historic building, or of a new building with frontage on Howard Street if: (i) the use does not require non-transparent walls facing the street; (ii) no less than 60% of the linear street-facing frontages of each such use are fenestrated with a minimum of 70% transparency; and (iii) for office uses, internal partitions are set back from street frontages by at least 20 feet from street-facing windows. The area of glazing that counts to-ward the transparency requirement must be unobstructed by solid window coverings, window signs, or other features or characteristics that impede visibility from the public realm into the interior of the ground floor of the building as further depicted in the Design for Development.

re set back from street frontages by at least 20 feet from street-facing windows. The area of glazing that counts to-ward the transparency requirement must be unobstructed by solid window coverings, window signs, or other features or characteristics that impede visibility from the public realm into the interior of the ground floor of the building as further depicted in the Design for Development.

(B) At least 25% of the linear frontage of the ground floor of each building shall contain "active commercial uses" as defined by Section 145.4(c), excluding frontage dedicated to parking and loading access, building egress, and mechanical and core systems. The active commercial uses required by this subsection shall be provided within the first 25 feet of building depth, at a minimum. The foregoing shall not apply to building frontage on Natoma or Minna Streets or to building frontage on Lots 076 (the "Dempster Building"), 042 (the "Camelline Building"), 093 (the "Chronicle Building"), and 097 (the "Examiner Building") of Assessor's Block 3725.

(C) Retail, office, education, and cultural uses below the ground floor are permitted.

(2) Additional Conditional Uses. In addition to the Conditional Use requirements of the C-3-S district, the following uses shall require Conditional Use authorization:

(A) Those uses identified in Planning Code Section 249.40A(c)(1)(A)(i) through (iv) and 249.40A(c)(1)(A)(vi) through (x), but excepting Restaurant uses; and

(B) Formula Retail uses, consistent with the requirements of Planning Code Section 303.1.

(3) Density of Dwelling Units and Dwelling Unit Mix. Dwelling unit density is not limited by lot area. Each building containing residential units shall contain an average of four dwelling units on each residential floor. Individual residential buildings shall meet the minimum dwelling unit mix requirements set forth in Planning Code Section 207.6(c) (1).

(4) Building Standards.

(A) Building Height. The applicable height limits shall be as set forth in Height Map HT01 of the Zoning Maps of the City and County of San Francisco, and shall be measured and regulated as provided in Article 2.5, with the following exceptions for parcels zoned 365-X or 450-S:

(i) Vertical extensions permitted by Section 260(b)(1)(G) shall not be subject to percent coverage or dimensional limitations otherwise applicable;

• (ii) No more than two buildings with heights greater than 220 feet shall be permitted; and

(iii) Such buildings shall be designed to maintain a minimum 25 foot difference in structure height, inclusive of architectural penthouses or screens.

• (B) Building Bulk. The bulk limitations shall be as set forth in Article 2.5, except as provided below and in the Design for Development.

(i) Maximum Building Base Heights. The base height limitations shall be as set forth in the following Figure 1: Base Height Table:

Figure 1: Base Height Table.

• The existing Chronicle, Camelline, and Dempster Buildings shall be retained, and thus the height and bulk limitations for these parcels shall conform to those buildings' height and bulk.

(ii) 365-X Controls. For any parcel within a 365-X Height and Bulk district, the bulk limitations shall be as set forth in Figure 2, 365-X Bulk Table:

Figure 2. 365-X Bulk Table

• Note: Maximum Length, Maximum Diagonal, and Maximum Average Floor Area are separately applicable to each apparent tower, and gsf is measured by gross floor area, where applicable. Refer to the Design for Development depiction of Base, Lower, and Upper Towers.

(C) Building Setbacks.

(i) Tower Separation. In lieu of the provisions of Section 132.1(d), tower separation requirements shall be applicable to buildings greater than 145 feet in height, as follows:

a. Minimum Separation. Above 145 feet, the distance between subject buildings shall be no less than an average of 75 feet, measured in ten-foot intervals (in plan) along the two most proximate facades, with no less than 55 feet between the two buildings at a single point, defined as a corner or facet in plan of no more than three feet in length, of a

building facade or with no less than 65 feet between a single point in plan and a building face, as illustrated in Figure 3, below.

Figure 3. Minimum Tower Separation Requirements (Plan View).

b. Fifth Street Separation. For buildings with frontage on Fifth Street, those portions of said frontage above 145 feet shall be separated by a minimum of 100 feet.

(ii) Rear Yard Setback and Dwelling Unit Exposure. In light of the high-density nature of the District, and provisions herein and in the Design for Development that provide for access to light and air for residential units and to the usable open space within and adjacent to the District, rear yard setback provisions of Section 134 shall not apply. The dwelling unit exposure requirements of Section 140 shall not apply. All dwelling units shall face onto a public right of way at least 20 feet in width or onto an open area within the District (which may include rooftops of adjacent buildings within the District) that is unobstructed at the level of the unit in question for no less than 25 feet in every horizontal dimension. The open area may be situated within the same parcel containing the dwelling units subject to the requirement or may be located on an abutting parcel within the District, provided that, under either scenario, there are no obstructions (other than those authorized in this subsection (d)(4)(C)(ii)) between the dwelling units and the open area in question.

(D) District FAR. Notwithstanding the limitations on base and maximum permitted floor area ratios or allocations for existing structures on single lots set forth in Article 1.2, the permitted floor area ratio for the entire District shall not exceed 11 to 1.

(E) Building Projections and Canopies. Non-occupiable architectural design or wind baffling features are permissible as set forth in the Design for Development.

(5) Off-Street Automobile Parking and Freight Loading and Service Vehicle Facilities.

(A) Any accessory off-street parking shall be provided in one or more completely below-grade garages located within the District and the total accessory parking spaces therein available for use at any given time shall be limited to the maximum amount cumulatively permitted under subsections (5)(B) and (C), below, for uses with certificates of occupancy at that time. The continued use of surface parking lots existing at the time this District is adopted is permitted, and, as long as such existing lots are in use, the spaces in such lots shall not count against the maximum amount cumulatively permitted or be considered non-accessory.

(B) Cumulative residential off-street parking is permitted up to one car for every (i) four dwelling units constructed on Lots 089-091, and (ii) two dwelling units constructed on Lot 097.

(C) Non-residential off-street parking is permitted not to exceed 3.5% of gross floor area of the use to which the parking is accessory.

(D) Off-street loading and service vehicle spaces shall be provided as set forth in the Design for Development.

(E) Width and Location of Vehicular Openings.

(i) Entrances, curb cuts, and facade openings for off-street parking and loading areas may be no more than 27 feet wide if the driveway includes a five-foot wide bicycle lane and no more than 22 feet wide if it does not, except that one entrance, curb cut, and facade opening of up to 30 feet shall be permitted for an off-street combined automobile parking and freight loading entrance/exit from Howard Street and one entrance, curb cut, and facade opening of up to 25 feet wide shall be permitted for off-street freight loading egress onto Minna Street.

(ii) For the purposes of Section 155(s)(5), "single development" shall mean an individual building.

(6) Bicycle Parking. The provisions of Sections 155.1-155.4 are applicable, except as follows:

• (A) Class 1 bicycle parking may be provided on any combination of the ground floor, first below-grade automobile parking floor and in locations and subject to methods of parking and access identified in the Design for Development.

(B) Class 1 bicycle parking for non-residential uses may be consolidated within the District. Class 2 bicycle

parking for all uses may be consolidated within the District but shall be provided within 150 feet of each primary building entrance identified in the Design for Development.

(C) Shower facilities and lockers required of any building may be provided anywhere within the District, so long as facilities are provided in the amount required by Section 155.4, and are distributed among at least two buildings within the District. Such facilities shall be available free of charge to commercial tenants and employees of all buildings within the District.

(7) Open Space.

(A) Open space provided in accordance with the Design for Development on any lot within the District may be used to satisfy open space requirements of both residential and non-residential uses within the District. Any open space used to satisfy child care use licensing or other requirements may be used in calculating residential and non-residential open space requirements within the District.

(B) On a District-wide basis, at least 15% of all required open space shall be exclusively for residential use and be located within buildings containing residential uses or at ground-level immediately adjacent to and directly accessible from buildings containing residential uses. All buildings and lots within the District are considered to be part of a mixed nonresidential/residential project for the purposes of Section 138(g) of the Code.

(C) Access to open space not exclusively for residential use may be restricted for up to 12 days per year for up to six hours per event. Additionally, open space not exclusively for residential use located above the ground floor may be similarly restricted for up to an additional 12 days per year for up to six hours per event for events that start after 6:00 p.m. Public access to open space that is above the ground floor may be limited to reasonable business hours.

stricted for up to 12 days per year for up to six hours per event. Additionally, open space not exclusively for residential use located above the ground floor may be similarly restricted for up to an additional 12 days per year for up to six hours per event for events that start after 6:00 p.m. Public access to open space that is above the ground floor may be limited to reasonable business hours.

(8) Streetscape Improvements. The streetscape and street tree planting requirements of Section 138.1(c) shall not apply. Streetscape improvements and street tree plantings shall occur in accordance with the Design for Development.

(9) Ground Level Pedestrian Wind Limitations. Compliance with Section 148 as to wind hazards and comfort shall be determined on a District-wide basis using a District-wide study prepared to assess the combined effects of development within the District and not on an individual building basis. As to pedestrian comfort, the following shall apply in lieu of the criteria in Section 148: Where a District-wide wind study establishes that development at one or more locations in the District may cause ground-level wind speeds to exceed, more than 10% of the time year round, between 7:00 a.m. and 6:00 p.m., the comfort levels of 11 m.p.h. equivalent wind speed in areas of substantial pedestrian use or seven m.p.h. equivalent wind speed in public seating areas, wind baffling measures identified in the Design for Development shall be incorporated into new development as appropriate to address such exceedances.

(10) Artworks. For the purposes of Section 429 et seq . of this Code, "on-site" or "on the site" shall mean the entire District.

(11) Internal Wayfinding Signs. In addition to the signs permitted under Section 607, internal wayfinding signs shall be permitted as set forth in this Subsection (11). For the purposes of this Subsection, "Internal Wayfinding Signs" shall mean signs located entirely on private property that are intended exclusively to direct pedestrians on sidewalks and other open spaces within and adjacent to the District to buildings or businesses located within the District. No portion of any Internal Wayfinding Sign may exceed a height of 10 feet. Internal Wayfinding Signs may not exceed 12 square feet in area and no more than twelve such signs may be permitted within the District.

property that are intended exclusively to direct pedestrians on sidewalks and other open spaces within and adjacent to the District to buildings or businesses located within the District. No portion of any Internal Wayfinding Sign may exceed a height of 10 feet. Internal Wayfinding Signs may not exceed 12 square feet in area and no more than twelve such signs may be permitted within the District.

(12) Transferable Development Rights. No transferable development rights may be certified or sold from any property within the District, and no transferable development rights may be applied to any property within the District. (e) Project Review and Approval. Development applications within the District shall be reviewed and approved in accordance with the conditional use authorization process of Section 303. The provisions of this Section, Section 303, and the Design for Development shall apply in lieu of Section 309, including any references thereto or determinations thereunder. For purposes of this subsection (e), development applications do not include alterations to the Dempster or Camelline Buildings, or any internal modifications or alterations, provided however that any such alteration or modification shall otherwise comply with applicable requirements of the Planning Code.

(1) Consistency Review. Once a conditional use authorization has been approved by the Commission, all site and/or building permit applications for construction of new buildings or alterations of or additions to existing structures (''Applications") submitted to the Department of Building Inspection shall be forwarded to the Planning Department for

consistency review. Specifically, the Department shall review the Application for consistency with this Section, the Design for Development, and the conditional use authorization applicable to the site subject to the Application. The Application shall include any documents and materials necessary to determine such consistency, including site plans, sections, elevations, renderings, landscape plans and exterior material samples to illustrate the overall concept design of the proposed new buildings (or alterations or additions), and any other materials the Department determines are necessary or appropriate given the permit sought. The Application shall also note its consistency with, or effect on, any phasing or other requirements relating to public realm improvements.

(2) Staff Report. Except for projects deemed by the Planning Director to be routine or minor in nature, Planning Department staff shall issue a Staff Report to the Planning Director assessing the Application. The Staff Report shall be delivered to the applicant no less than 10 days prior to Planning Director action on any Application and shall be kept on tile for public review.

(3) Director Determination. The Planning Director shall approve or disapprove the Application based on its compliance with this Section, the Design for Development, and any applicable conditional use authorization. Prior to making a decision on the Application, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and the Planning Commission. The Planning Director may require public notice of any such hearing, or of the determination, including, but not limited to mailed notification, site postings, newspaper publication, or publication on the Planning Department website.

(4) Applications Not in Substantial Conformance Prohibited. In no event may the Planning Director or Commission approve an Application that is not in substantial conformance with this Section and the Design for Development, or that permits any of the following: (A) a reduction of total open space area below that required herein; (B) a reduction in minimum Class I or Class II bicycle parking space requirements; (C) increases in maximum floor plate area; or (D) a reduction of minimum tower separation.

(5) Discretionary Review. No request for discretionary review shall be accepted or heard for projects within the District.

(Added by Ord. 205-15 , File No. 150787, App. 12/2/2015, Eff. 1/1/2016; 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)

AMENDMENT HISTORY

Divisions (d)(2) and (d)(2)(A) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a) and (d)(4) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 249.75. SUNNYDALE HOPE SF SPECIAL USE DISTRICT.

(a) Purpose. In order to give effect to the Development Agreement for the Sunnydale HOPE SF development project as approved by the Board of Supervisors in an ordinance in Board File No. 161164, there shall be a Sunnydale HOPE SF Special Use District as designated on Sectional Map SU-11 of the Zoning Maps of the City and County of San Francisco. The purpose of the Special Use District is to allow a project that will replace the Sunnydale and Velasco public housing projects with a mixed-use and mixed-income development of affordable dwelling units in a number in excess of the existing public housing units, market-rate dwelling units, neighborhood commercial, and community facility uses, and new infrastructure improvements, including streets, sidewalks, utilities, and open spaces. (b) Definitions.

“Design Standards and Guidelines” shall mean the Sunnydale HOPE SF Design Standards and Guidelines adopted by the Planning Commission in Resolution No. 19790, approved by the Board of Supervisors as part of this Special Use District, and found in Board File No. 161162, and as may be amended from time to time. The Design Standards and Guidelines is herein incorporated by reference.

“Development Agreement” shall mean the Development Agreement By and Between the City and County of San Francisco and Sunnydale Development Company, LLC, a joint venture of Mercy Housing California and The Related

Companies of California, approved by the Board of Supervisors in an ordinance in Board File No. 161164. “Master Infrastructure Plan” or “MIP” shall mean the Sunnydale HOPE SF approved by the Board of Supervisors as part of the Development Agreement and found in Board File No. 161164, and as may be amended from time to time. The MIP is herein incorporated by reference.

(c) Development Controls. The controls contained in the Design Standards and Guidelines shall regulate development in the Sunnydale HOPE SF Special Use District, except for those controls specifically enumerated in this Section 249.75. Where not explicitly superseded by definitions established in the Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 of the Planning Code shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement. The Planning Commission may amend the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or any party to the Development Agreement, to the extent that such amendments are consistent with this Special Use District, the General Plan, and the Development Agreement. The Zoning Administrator may approve minor amendments to the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or any party to the Development Agreement. For the purposes of this subsection (c), “minor amendments” shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the Design Standards and Guidelines and are consistent with the intent of the Design Standards and Guidelines, this Special Use District, the General Plan, and the Development Agreement.

(1) Zoning Designation. The applicable zoning designation shall be as set forth in Zoning Map ZN-11, consisting of the Residential, Mixed, Low Density (RM-1) district. The Planning Code provisions for the underlying RM-1 use district shall control except to the extent they conflict with the provisions of this Section 249.75. Notwithstanding the foregoing sentence, this Special Use District and the Design Standards and Guidelines shall apply only to construction and other activities that further implement the Sunnydale HOPE SF development project. For proposed activities other than implementation of the Sunnydale HOPE SF development project (e.g., changes of use in existing buildings, alterations to existing buildings prior to commencement of the project), the underlying RM-1 controls shall continue to apply.

(2) Uses.

(A) Permitted Uses. In addition to the uses permitted in the RM-1 district, those uses that are principally or conditionally permitted in a Small-Scale Neighborhood Commercial District (NC-2) use district shall be permitted in this Special Use District to the same extent as in a NC-2 district; provided, however, that Liquor Stores and Medical Cannabis Dispensaries shall not be permitted in this Special Use District and that Conditional Use size thresholds for NonResidential Uses in an NC-2 District shall not apply to Institutional and Health Service uses. Public Facility uses shall be principally permitted.

(B) Ground Floor Uses. Notwithstanding anything in this Section 249.75 to the contrary, “active uses” as defined in Section 145.1(b)(2) or Health Service uses shall be required at the ground floor frontages along the west side of Hahn Street between Sunnydale Avenue and Center Street, as identified in the Development Agreement, and the south side of Sunnydale Avenue between Hahn Street and A Street, as identified in the Development Agreement; provided, however, that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units. (3) Dwelling Unit Density. The controls set forth in the underlying RM-1 use district shall govern dwelling unit density within the Special Use District. However, greater dwelling unit density than permitted by the underlying RM-1 use district may be provided on individual lots, as long as the overall density of the Special Use District does not exceed the density allowed by the underlying RM-1 zoning for the entire Special Use District, accounting for density that could be permitted as a Planned Unit Development pursuant to Section 304. The overall density limit shall be determined by the size and configuration of the lots within this Special Use District as they exist at the time of the adoption of this Special Use District.

(4) Building Standards.

(A) Building Height. The applicable height limits for this Special Use District shall be as set forth on Section Map HT-11 of the Zoning Map of the City and County of San Francisco. Height shall be measured and regulated as provided in the Design Standards and Guidelines and not as provided in Article 2.5 of the Planning Code, except that the exemptions to height limits set forth in Section 260(b) shall apply. Measurement of height may be modified through a Major Modification process.

(B) Building Bulk. Except as described in the Design Standards and Guidelines, there are no bulk limitations for this Special Use District.

(C) Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth in the Design Standards and Guidelines and not as provided in Article 1.2 of the Planning Code.

(D) Open Space. The usable open space requirement shall be set at 80 square feet per unit. The Design Standards and Guidelines shall set forth the methods for satisfying the open space requirement.

(E) Sign controls. Sign controls for NC-2 Districts shall apply to the Special Use District for commercial establishments in-lieu of sign controls for the underlying use district.

(5) Off-Street Automobile Parking. There is no minimum off-street parking requirement for any use in this Special Use District. Upon completion of the Sunnydale HOPE SF Project, the number of off-street parking spaces within this Special Use District shall not exceed: one parking space per residential dwelling unit and one parking space per 500 square feet of occupied commercial, institutional, and community facility space. Car share parking spaces shall be provided in the amounts set forth in Section 166. Collective off-street parking pursuant to Section 160(a) shall be permitted such that the amount of parking on a particular lot may exceed the maximum parking allowed for uses on that lot so long as the amount of parking for the entire Special Use District does not exceed the overall maximum amount allowed.

(6) Bicycle Parking. Bicycle parking shall be provided as required by the Planning Code.

(7) Streetscape and Public Realm Requirements. In lieu of the requirements of Section 138.1, each building shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, consistent with the Development Agreement, Design Standards and Guidelines, and other supporting documents to the Development Agreement. Construction of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as provided by the Development Agreement.

(8) Residential Affordable Housing Requirement. The provisions of Section 415 shall not apply, except as otherwise stipulated in the Development Agreement.

(d) Modifications to Building Standards. Modification of the Building Standards, including measurement of height, set forth in subsection (c) above and as outlined in the Design Standards and Guidelines may be approved on a project-byproject basis and according to the procedures of subsection (e).

The following Controls as provided in the Design Standards and Guidelines document cannot be modified:

The following Controls as provided in the Design Standards and Guidelines can only be modified through the Major Modification process as described in subsection (e)(4)(b), below:

If a modification for any of the Controls in the Design Controls and Guidelines that are listed below is sought such that the modification would deviate by 10% or more from the quantitative standard, the Major Modification process described in subsection (e)(4)(B) would be required.

For any other modification being sought from the Controls in Chapters 4, 6 and 7 of the Design Standards and Guidelines document, the Minor Modification process described in subsection (e)(4)(A), below, would be required.

(e) Project Review and Approval.

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

(2) Development Phase Approval. The Planning Department shall only approve applications for individual building projects that are consistent with and described in an approved Development Phase Application. The Development Phase Approval process, as set forth in greater detail in the Development Agreement, is intended to ensure that all buildings within a phase as well as new infrastructure, utilities, open space and all other improvements promote the purpose of the HOPE SF Program, the Special Use District and meet the requirements of the Sunnydale Development Agreement. The Planning Director shall act on a Development Phase Application within 60 days after a Development Phase Application is deemed complete upon his or her determination that the Development Phase Application is complete.

ties, open space and all other improvements promote the purpose of the HOPE SF Program, the Special Use District and meet the requirements of the Sunnydale Development Agreement. The Planning Director shall act on a Development Phase Application within 60 days after a Development Phase Application is deemed complete upon his or her determination that the Development Phase Application is complete.

(3) Building Design Review and Approval. The construction, expansion, or major alteration of, or additions to, all structures within this Special Use District requires applications for design review described in this Section 249.75. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Design Review Application. The owner or authorized agent of the owner of the property for which the design review is sought may file applications for design review. Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, and if the related Phase Application has been approved, the application will be deemed complete. The application shall include the documents and materials necessary to determine consistency with this Special Use District, the Design Standards and Guidelines, and the applicable requirements of the Development Agreement, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings, and conformance with any phasing plan. If any requests for a Major Modification or Minor Modification are sought in accordance with the allowances of this Section 249.75, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the Design Standards and Guidelines and provides architectural treatment and public benefit that are equivalent to or superior to strict compliance with the standards.

(A) Pre-application Meeting. Not more than 6 months prior to filing a Building Design Review application, the project sponsor shall conduct a minimum of one pre-application meeting with the public. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation.

ths prior to filing a Building Design Review application, the project sponsor shall conduct a minimum of one pre-application meeting with the public. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation.

(B) Staff Design Review. The Department shall perform administrative design review for each application as further detailed in the Development Agreement. Department staff shall review the project to determine if it complies with this Special Use District, the Design Standards and Guidelines, the Development Agreement, an approved Development Phase Application, and any applicable mitigation measures. The Department shall complete the initial review and respond to the project sponsor within 60 days of receiving a complete application. The Department staff shall have 30 days to respond to any modifications or revisions submitted by the project sponsor after the submission of the initial application. Upon completing review, Department staff may draft a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications to the project. The staff report shall be delivered to the applicant no less than 14 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review. The Department shall provide public notice of the staff report and recommendation no less than 14 days prior to action on the application by the Planning Director or Planning Commission. Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as maintained by the Planning Department, and all individuals having made a written request for notification for the project site pursuant to Planning Code Section 351.

(4) Approvals and Public Hearings.

(A) Projects Not Seeking Major Modifications. Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District, the Design Standards and Guidelines, the Development Phase Design Review approval, and the findings and recommendations of the staff report. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design Standards and Guidelines, the Planning Director’s discretion to approve or disapprove the project shall be limited to the project’s consistency with the qualitative elements of the Design Standards and Guidelines and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Major Modifications, in accordance with the procedures of subsection (B) below. If a Major Modification is not sought, any Planning Commission review will be informational only, will be limited to the project’s consistency with the

qualitative elements of the Design Standards and Guidelines, and will not result in any action by the Planning Commission.

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

(C) Notice of Hearings. The Department shall provide notice of hearings required by subsections (A) and (B) above as follows: (i) mail notice to the project applicant, property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing.

addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing.

(5) Design Review and Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Design Standards and Guidelines and the Master Infrastructure Plan requirements, the project sponsor shall submit an application and receive approval from the Planning Department, or the Planning Commission if required, prior to obtaining any permits for the construction of any Community Improvement within or adjacent to the Special Use District. Design approval for major open space Community Improvements (not associated with an individual building or block development and not improvements that are to be owned and operated by the Recreation and Park Department on behalf of the City and County of San Francisco), along with any stand alone community center building shall be subject to the Design Review procedure set forth in subsection (e)(3), above. The Recreation and Park Department shall conduct Design Review for improvements owned and operated by, and under the jurisdiction of, that Department.

(6) Building Permit Approval by the Planning Department. The project sponsor shall notify the Department of Building Inspection when submitting a building permit application that the application must be routed to the Planning Department for review. Planning Department staff shall review the building permit application for consistency with the authorizations granted pursuant to this Section 249.75. The Department of Building Inspection shall not issue a building permit for work within this Special Use District unless Planning Department staff determines such permit is consistent with the standards set forth in the Design Standards and Guidelines, as they may be modified by a Minor Modification or a Major Modification, to the extent such standards regulate building design. The Design Review process described in this Special Use District and the Development Agreement shall supersede the review and notification process otherwise required by Section 311.

(7) Discretionary Review. The Planning Department shall not accept, and the Planning Commission shall not hear, requests for discretionary review for projects subject to this Section 249.75.

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

(9) Appeal and Decision on Appeal. Any person aggrieved by the decision of the Planning Director to grant or deny any project, including any Minor Modification, or of the Planning Commission to grant or deny any Major Modification, may appeal the decision to the Board of Appeals within 10 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth the alleged error in the interpretation of the provisions of this Code or the Design Standards and Guidelines or the alleged abuse of discretion on the part of the Planning Director or Planning Commission, which error or abuse is the basis for the appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations placed on the Planning Commission or Planning Director by Charter, this Code, and the Development Agreement, approve, disapprove, or modify the appealed decision by a vote of four of its members. Notwithstanding anything to the contrary in the Business and Tax Regulations Code, if the determination of the Board

differs from that of the Planning Director or Planning Commission, the Board of Appeals shall, in a written decision, make findings specifying the error of interpretation or abuse of discretion on the part of the Planning Director or Planning Commission, and the specific facts relied upon, that are the basis for the Board’s determination. As set forth in Section 308.1, the Board of Supervisors shall hear appeals of the Planning Commission’s Conditional Use decisions.

(10) Interim Uses. An interim use may be authorized by the Planning Director, pursuant to the Design Review procedures outlined in subsection (e)(3) of this Special Use District for a period not to exceed 5 years, if the Director finds that such use: (A) will not impede orderly development within the Special Use District; (B) is consistent with intent Special Use District and Development Agreement; and (C) would not pose a nuisance to surrounding residential uses. In addition to those uses set forth in Section 205, such interim uses may include, but are not limited to: farmers’ markets, arts or concert uses, and rental or sales offices incidental to new development. Temporary or semi-temporary structures may be permitted under this subsection (10) for resident-serving community facilities such as wellness centers, or other improvements intended to facilitate phased development of the Project. An authorization granted pursuant to this subsection (10) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only if the Planning Director approves the action after receiving a new application. (Added by Ord. 16-17, File No. 161162, App. 2/3/2017, Eff. 3/5/2017; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Division (c)(5) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (c)(2)(A)-(B) amended; Ord. 202-18, Eff. 9/10/2018.

SEC. 249.76. POTRERO HOPE SF SPECIAL USE DISTRICT.

(a) Purpose. In order to give effect to the Development Agreement for the Potrero HOPE SF development project as approved by the Board of Supervisors in an ordinance in Board File No. 161161, there shall be a Potrero HOPE SF Special Use District as designated on Sectional Map SU-08 of the Zoning Maps of the City and County of San Francisco. The purpose of the Special Use District is to allow a project that will replace the Potrero Terrace and Annex public housing projects with a mixed-use and mixed-income development of affordable dwelling units in a number in excess of the existing public housing units, market-rate dwelling units, neighborhood commercial, and community facility uses, and new infrastructure improvements, including streets, sidewalks, utilities, and open spaces.

(b) Definitions.

“Design Standards and Guidelines” shall mean the Potrero HOPE SF Design Standards and Guidelines adopted by the Planning Commission in Resolution No. 19796, approved by the Board of Supervisors as part of this Special Use District, and found in Board File No. 161159, and as may be amended from time to time. The Design Standards and Guidelines is incorporated by reference herein.

“Development Agreement” shall mean the Development Agreement By and Between the City and County of San Francisco and Potrero Development Company, LLC, a venture of Bridge Housing,

approved by the Board of Supervisors in an ordinance in Board File No. 161161.

“Master Infrastructure Plan” or “MIP” shall mean the Potrero HOPE SF Master Infrastructure Plan approved by the Board of Supervisors as part of the Development Agreement and found in Board

File No. 161161, and as may be amended from time to time. The Master Infrastructure Plan is incorporated by reference herein.

(c) Development Controls. The controls contained in the Design Standards and Guidelines shall regulate development in the Potrero HOPE SF Special Use District, except for those controls specifically enumerated in this Section 249.76. Where not explicitly superseded by definitions established in the Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 of the Planning Code shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development

Agreement. The Planning Commission may amend the Design Standards and Guidelines upon initiation by the Planning

Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or by any Party to the Development Agreement, to the extent that such amendments are consistent with this Special Use District, the General Plan, and the Development Agreement. The Zoning Administrator may approve minor amendments to the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or by any Party to the Development Agreement. For the purposes of this subsection (c), “minor amendments” shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the Design Standards and Guidelines and are consistent with the intent of the Design Standards and Guidelines, this Special Use District, the General Plan, and the Development Agreement.

(1) Zoning Designation. The applicable zoning designation shall be as set forth in Zoning Map ZN-08, consisting of the Residential, Mixed, Moderate Density (RM-2) district. The Planning Code provisions for the underlying RM-2 use district shall control except to the extent they conflict with the provisions of this Section 249.76. Notwithstanding the foregoing sentence, this Special Use District and the Design Standards and Guidelines shall apply only to construction and other activities that further implement the Potrero HOPE SF development project. For proposed activities other than implementation of the Potrero HOPE SF development project (e.g., changes of use in existing buildings, alterations to existing buildings prior to commencement of the project), the underlying RM-2 controls shall continue to apply. (2) Uses.

(A) Permitted Uses. In addition to the uses permitted in the RM-2 district, those uses that are principally or conditionally permitted in a Small-Scale Neighborhood Commercial District (NC-2) use district shall be permitted in this Special Use District to the same extent as in a NC-2 district; provided, however, that Liquor Stores and Medical Cannabis Dispensaries shall not be permitted in this Special Use District and that Conditional Use size thresholds for NonResidential Uses in an NC-2 District shall not apply to Institutional and Health Service uses. Public Facility uses shall be principally permitted.

(B) Ground Floor Uses. Notwithstanding anything in this Section 249.76 to the contrary, “active uses” as defined in Section 145.1(b)(2) Health Service uses shall be required at the ground floor frontages on 24th Street between Arkansas Street and Missouri Street; provided, however, that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units.

ound Floor Uses.** Notwithstanding anything in this Section 249.76 to the contrary, “active uses” as defined in Section 145.1(b)(2) Health Service uses shall be required at the ground floor frontages on 24th Street between Arkansas Street and Missouri Street; provided, however, that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units.

(3) Dwelling Unit Density. The controls set forth in the underlying RM-2 use district shall govern dwelling unit density within the Special Use District. However, greater dwelling unit density than permitted by the underlying RM-2 use district may be provided on individual lots, as long as the overall density of the Special Use District does not exceed the density allowed by the underlying RM-2 zoning for the entire Special Use District, accounting for density that could be permitted as a Planned Unit Development pursuant to Section 304. The overall density limit shall be determined by the size and configuration of the lots within this Special Use District as they exist at the time of the adoption of this Special Use District.

(4) Building Standards.

(A) Building Height. The applicable height limits for this Special Use District shall be as set forth on Section Map HT-08 of the Zoning Map of the City and County of San Francisco. Height shall be measured and regulated as provided in the Design Standards and Guidelines and not as provided in Article 2.5 of the Planning Code, except that the exemptions to height limits set forth in Section 260(b) shall apply. Measurement of height may be modified through a Major Modification process.

(B) Building Bulk. Except as described in the Design Standards and Guidelines, there are no bulk limitations for this Special Use District.

(C) Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth in the Design Standards and Guidelines and not as provided in Article 1.2 of the Planning Code.

(D) Open Space. The usable open space requirement shall be set at 80 square feet per unit. The Design Standards and Guidelines shall set forth the methods for satisfying the open space requirement.

(E) Sign Controls. Sign controls for NC-2 Districts shall apply to the Special Use District for commercial establishments in-lieu of sign controls for the underlying use district.

(5) Off-Street Automobile Parking. There is no minimum off-street parking requirement for any use in this Special Use District. Upon completion of the Potrero HOPE SF Project, the number of off-street parking spaces within this Special Use District shall not exceed: one parking space per residential dwelling unit and one parking space per 500 square feet of occupied commercial, institutional, and community facility space. Car share parking spaces shall be provided in the amounts set forth in Section 166. Collective off-street parking pursuant to Section 160(a) shall be permitted such that the amount of parking on a particular lot may exceed the maximum parking allowed for uses on that lot so long as the amount of parking for the entire Special Use District does not exceed the overall maximum amount allowed.

(6) Bicycle Parking. Bicycle parking shall be provided as required by the Planning Code.

(7) Streetscape and Public Realm Requirements. In lieu of the requirements of Section 138.1, each building shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, consistent with the Development Agreement, Design Standards and Guidelines, and other supporting documents to the Development Agreement. Construction of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as provided by the Development Agreement.

(8) Residential Affordable Housing Requirement. The provisions of Section 415 shall not apply, except as otherwise stipulated in the Development Agreement.

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

The following Controls as provided in the Design Standards and Guidelines document cannot be modified:

The following Controls as provided in the Design Standards and Guidelines can only be modified through the Major Modification process as described in subsection (e)(4)(B), below:

If a modification for any of the Controls in the Design Controls and Guidelines that are listed below is sought such that the modification would deviate by 10% or more from the quantitative standard, the Major Modification process described in subsection (e)(4)(B) would be required.

For any other modification being sought from the Controls of the Design Standards and Guidelines document for Chapter 4, Section 2 and Chapter 5 of the Design Standards and Guidelines, the Minor Modification process described in subsection (e)(4)(A), below, would be required.

(e) Project Review and Approval.

(1) Purpose. The design review process for this Special Use District is intended to ensure that new buildings within

this Special Use District are designed to complement the aesthetic quality of the development, exhibit high quality architectural design, and promote the purpose of this Special Use District.

(2) Development Phase Approval. The Planning Department shall only approve applications for individual building projects that are consistent with and described in an approved Development Phase Application, as described in the Development Agreement. The Development Phase Approval process, as set forth in greater detail in the Development Agreement, is intended to ensure that all buildings within a phase as well as new infrastructure, utilities, open space, and all other improvements promote the purpose of the HOPE SF Program and the Special Use District and meet the requirements of the Development Agreement. The Planning Director shall act on a Development Phase Application within 60 days after receipt of a complete Development Phase Application upon his or her determination that the Development Phase conceptual design is complete.

(3) Building Design Review and Approval. The construction, expansion, or major alteration of, or additions to, all structures within this Special Use District requires applications for design review described in this Section 249.76. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Design Review Application. The owner or authorized agent of the owner of the property for which the design review is sought may file applications for design review. Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, and if the related Phase Application has been approved, the application will be deemed complete. The

ication for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, and if the related Phase Application has been approved, the application will be deemed complete. The

application shall include the documents and materials necessary to determine consistency with this Special Use District, the Design Standards and Guidelines, and the applicable requirements of the Development Agreement, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings, and conformance with any phasing plan. If any requests for a Major Modification or Minor Modification are sought in accordance with the allowances of this Section, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the Design Standards and Guidelines and provides architectural treatment and public benefit that are equivalent to or superior to strict compliance with the standards.

(A) Pre-application Meeting. Not more than 6 months prior to filing a Building Design Review application, the project sponsor shall conduct a minimum of one pre-application meeting with the public. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation.

ths prior to filing a Building Design Review application, the project sponsor shall conduct a minimum of one pre-application meeting with the public. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation.

(B) Staff Design Review. The Department shall perform administrative design review for each application as further detailed in the Development Agreement. Department staff shall review the project to determine if it complies with this Special Use District, the Design Standards and Guidelines, the Development Agreement, an approved Development Phase Application, and any applicable mitigation measures. The Department shall complete the initial review and respond to the project sponsor within 60 days of receiving a complete application. The Department staff shall have 30 days to respond to any modifications or revisions submitted by the project sponsor after the submission of the initial application. Upon completing review, Department staff may draft a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications to the project. The staff report shall be delivered to the applicant no less than 14 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review. The Department shall provide public notice of the staff report and recommendation no less than 14 days prior to action on the application by the Planning Director or Planning Commission. Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as maintained by the Planning Department, and all individuals having made a written request for notification for the project site pursuant to Planning Code Section 351.

(4) Approvals and Public Hearings.

(A) Projects Not Seeking Major Modifications. Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District, the Design Standards and Guidelines, the Development Phase Design Review approval, and the findings and recommendations of the staff report. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design Standards and Guidelines, the Planning Director’s discretion to approve or disapprove the project shall be limited to the project’s consistency with the qualitative elements of the Design Standards and Guidelines and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Major Modifications, in accordance with the procedures of subsection (B) below. If a Major Modification is not sought, any Planning Commission review will be informational only, will be limited to the project’s consistency with the qualitative elements of the Design Standards and Guidelines, and will not result in any action by the Planning Commission.

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

(C) Notice of Hearings. The Department shall provide notice of hearings required by subsections (A) and (B) above as follows: (i) mail notice to the project applicant, property owners within 300 feet of the exterior boundaries of the

property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing.

addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing.

(5) Design Review and Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Design Standards and Guidelines and the Master Infrastructure Plan requirements, the project sponsor shall submit an application and receive approval from the Planning Department, or the Planning Commission if required, prior to obtaining any permits for the construction of any Community Improvement within or adjacent to the Special Use District. Design approval for major open space Community Improvements (not associated with an individual building or block development and not improvements that are to be owned and operated by the Recreation and Park Department on behalf of the City and County of San Francisco), along with any stand alone community center building shall be subject to the Design Review procedure set forth in subsection (e)(3), above. The Recreation and Park Department shall conduct Design Review for improvements owned and operated by, and under the jurisdiction of, that Department.

(6) Building Permit Approval by the Planning Department. The project sponsor shall notify the Department of Building Inspection when submitting a building permit application that the application must be routed to the Planning Department for review. Planning Department staff shall review the building permit application for consistency with the authorizations granted pursuant to this Section 249.76. The Department of Building Inspection shall not issue a building permit for work within this Special Use District unless Planning Department staff determines such permit is consistent with the standards set forth in the Design Standards and Guidelines, as they may be modified by a Minor Modification or a Major Modification, to the extent such standards regulate building design. The Design Review process described in this Special Use District and the Development Agreement shall supersede the review and notification process otherwise required by Section 311.

(7) Discretionary Review. The Planning Department shall not accept, and the Planning Commission shall not hear, requests for discretionary review for projects subject to this Section 249.76.

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

(9) Appeal and Decision on Appeal. The decision of the Planning Director to grant or deny any project, including any Minor Modification, or of the Planning Commission to grant or deny any Major Modification, may be appealed to the Board of Appeals by any person aggrieved within 10 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth the alleged error in the interpretation of the provisions of this Code or the Design Standards and Guidelines or the alleged abuse of discretion on the part of the Planning Director or Planning Commission, which error or abuse is the basis for the appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations placed on the Planning Commission or Planning Director by Charter, this Code, and the Development Agreement, approve, disapprove or modify the appealed decision by a vote of four of its members. Notwithstanding anything to the contrary in the Business and Tax Regulations Code, if the determination of the Board differs from that of the Planning Director or Planning Commission, the Board of Appeals shall, in a written decision, make findings specifying the error of interpretation or abuse of discretion on the part of the Planning Director or Planning Commission, and the specific facts relied upon, that are the basis for the Board’s determination. A decision of the Planning Commission with respect to a Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1.

(10) Interim Uses. An interim use may be authorized by the Planning Director, pursuant to the Design Review procedures outlined in subsection (e)(3) of this Special Use District for a period not to exceed 5 years, if the Director finds that such use: (A) will not impede orderly development within the Special Use District; (B) is consistent with intent Special Use District and Development Agreement; and (C) would not pose a nuisance to surrounding residential uses. In

addition to those uses set forth in Section 205, such interim uses may include, but are not limited to: farmers’ markets; arts or concert uses; and rental or sales offices incidental to new development. Temporary or semi-temporary structures may be permitted under this subsection (10) for resident-serving community facilities such as wellness centers, or other improvements intended to facilitate phased development of the Project. An authorization granted pursuant to this subsection (10) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only if the Planning Director approves the action after receiving a new application.

(Added by Ord. 13-17, File No. 161159, App. 2/3/2017, Eff. 3/5/2017; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; 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)

AMENDMENT HISTORY

Division (c)(5) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (c)(2)(A)-(B), (e)(4)(C), and (e)(10) amended; Ord. 20218, Eff. 9/10/2018. Division (e)(3)(B) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 249.77. [REPEALED.]

(Added by Ord. 143-17, File No. 170296, App. 7/21/2017, Eff. 8/20/2017; amended by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; repealed by Ord. 253-25, File No. 240637, App. 12/17/2025, Eff. 1/17/2026)

SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT.

(a) Purpose. To implement the goals, objectives, and policies of the Central SoMa Plan (Ordinance No. 280-18, on file with the Clerk of the Board of Supervisors in File No. 180185), the Central SoMa Special Use District (SUD) is hereby established.

(b) Geography. The SUD is within the South of Market (SoMa) neighborhood, and its boundaries generally run from 2nd Street to the east to 6th Street to the west, and from Townsend Street to the south to an irregular border that generally follows Folsom, Howard, and Stevenson Streets to the north, as more specifically shown on Sectional Maps 1SU and 8SU of the Zoning Map.

• (c) Land Use Controls.

• (1) Active Uses. The controls of Section 145.1 and 145.4 shall apply, except as specified below:

• (A) Active uses, as defined in Section 145.1, are required along any outdoor publicly-accessible open space;

• (B) An Office Use is not an “active use” on the ground floor;

• (C) POPOS, as defined in Section 138, is an “active use” on the ground floor;

• (D) Hotels and Production, Distribution, and Repair uses, both as defined in Section 102, shall be considered

• “Active commercial uses,” as defined in Section 145.4(c).

• (E) Active uses shall be required within the first 10 feet of building depth if any of the following conditions apply:

• (i) The use is a Micro-Retail use located on a Narrow Street as defined in Section 261.1(b)(1); or

• (ii) The use is along a Narrow Street provided there is a doorway provided every 25 feet along the street frontage, at minimum.

(F) Notwithstanding the exemptions found in Section 145.1(d)(4), PDR uses shall meet the following transparency and fenestration requirements:

(i) Building facades greater than 50 linear feet shall be required to be fenestrated with transparent windows and doorways for no less than 30% of the street frontage at the ground level and allow visibility into the building. The use of dark or mirrored glass shall not count towards the required transparent area.

• (ii) Building facades up to 50 linear feet are not required to be transparent.

• (2) Nighttime Entertainment. Nighttime Entertainment uses are principally permitted, regardless of the underlying zoning district, in the area bounded by 4th Street, 6th Street, Bryant Street, and Townsend Street.

• (3) Hotels. Hotels in the Central SoMa SUD are not subject to the land use ratio requirements of Section 803.9(g).

• (4) Retail.

(A) Formula Retail. Formula Retail Uses, as defined in Section 303.1, that are also Bar, Restaurant or Limited Restaurant Uses, as defined in Section 102, shall not be permitted.

(B) Micro-Retail. “Micro-Retail” shall mean a Retail Use, other than a Formula Retail Use, measuring no less than 100 gross square feet and no greater than 1,000 gross square feet.

(i) Applicability. Micro-Retail controls shall apply to new non-residential development projects on lots of 20,000 square feet or more.

(ii) Controls.

a. Amount. Applicable development projects are required to have at least one Micro-Retail unit for every 20,000 square feet of lot area, rounded to the nearest unit.

b. Location and Design. All Micro-Retail units shall be on the ground floor, independently and directly accessed from a public right-of-way or publicly-accessible open space, and designed to be accessed and operated independently from other spaces or uses on the subject property.

c. Type. Formula Retail uses, as defined in Section 303.1, are not permitted as Micro-Retail.

(5) PDR and Community Building Space Requirements.

(A) For purposes of this subsection, “Community Building Space” shall mean space provided for a Social Service, Institutional Community, Community Facility, or Public Facility Use or for a Legacy Business.

(B) In addition to the requirements of Section 202.8, any newly constructed project that contains at least 50,000 gross square feet of office and any addition that increases the original building’s gross floor area by at least twenty percent and results in at least 50,000 gross square feet of net office in the building shall provide one of the following:

(i) An amount of space for PDR Uses or Community Building Space, or a combination thereof, that is the greater of the following:

a. the square footage of PDR space required by the controls of Section 202.8, or

b. on-site dedication of space for PDR Uses or Community Building Space, or a combination thereof, that is equivalent to 40 percent of the lot area, in which case for purposes of this Section 249.78(b)(5), the following areas are exempted from the calculation of the lot area: land dedicated to a building whose housing units consist entirely of Affordable Housing Units as defined in Section 401; publicly accessible open space and mid-block alleys that are fully open to the sky except for obstructions permitted pursuant to Section 136 or under a cantilevered portion of the building for up to 10% of space pursuant to Section 138(d)(2); any portion of the lot or lots containing a building dedicated primarily to residential use; and ground floor space dedicated to a Child Care Facility. For purposes of this subsection, “on-site” means anywhere on the subject project lot or lots.

(ii) Establishment off-site, through new construction, addition, or change of use, of a minimum of 150 percent of gross square feet of the on-site PDR requirement for PDR Uses or for Community Building Space. Such off-site space shall be located within the area bounded by Market Street, Second Street, King Street, Division Street, and South Van Ness Avenue; or

(iii) Preservation of existing PDR uses off-site, at a minimum of 200 percent of the on-site requirement, for the life of the project that is subject to the requirements of this subsection (6). This off-site PDR shall be located on one or more lots in the area bounded by Market Street, Second Street, King Street, Division Street, and South Van Ness Avenue. The PDR space preserved off-site shall not include any space already required to be preserved pursuant to this Section or Section 202.8.

(C) The PDR and Community Building Space requirements of this subsection may be reduced by 25 percent for any project subject to any contract or agreement meeting the requirements of California Civil Code Section 1954.28(d), including but not limited to a development agreement approved by the City under California Government Code Section 65864 et seq. if, pursuant to the terms of such agreement, the required replacement space is rented, leased, or sold at 50 percent below market rate for PDR space for the life of the project. Such restrictions on the rent, lease, or sale price shall be recorded on the subject property as a Notice of Special Restrictions.

(D) Any project that meets the requirements of this subsection 249.78(c)(5) and the PDR replacement requirements of Section 202.8 shall not be subject to the Conditional Use Authorization required by Section 202.8.

(E) Any development application submitted to the Planning Department for a project that is subject to the PDR and Community Building Space requirements of this Section 249.78 or the PDR replacement requirements of Section 202.8 shall include the following materials:

(i) Documentation demonstrating that the applicant has provided written notification to all existing PDR tenants that the applicant intends to develop the property pursuant to this Section 249.78.

(ii) Documentation demonstrating that the applicant has provided all existing PDR tenants with information regarding the Central SoMa PDR Relocation Fund described in the Central SoMa Implementation Program Document, and PDR Sector Assistance for Displaced Businesses available from the Office of Economic and Workforce Development (OEWD) or its successor agency.

(F) For the Key Site described in Section 329(e)(2)(E) at the northeast corner of the intersection of 5th Street and Brannan Street, consisting of Block 3777, Lots 045, 050, 051, and 052, the PDR and Community Building Space Requirement pursuant to this subsection (5) shall be reduced by up to 15,000 gross square feet sitewide by the amount of ground floor space designated for any of the following uses: (i) Grocery, General, (ii) Pharmacy, (iii) Personal Services, not to exceed 2,500 gross square feet, and (iv) Retail Sales and Services limited to: Self-service laundromats and dry cleaning; Household goods and service (including paint, fixtures, hardware, and building materials); Pet supply stores and pet grooming services; Florists, plant and gardening stores; Home furnishings, furniture, and appliances; Books and magazines, stationery, greeting cards, toys and gifts, office supplies, copying service, music, and sporting goods; Art, fabric, and craft supplies; Bicycle sales and repair; and Stores primarily selling used or secondhand goods. (6) Use on Large Development Sites.

(A) Applicability. South of Harrison Street on sites larger than 40,000 square feet that entail new construction or an addition of 100,000 square feet or more.

(B) Use Requirement. At least two-thirds of the Gross Floor Area of all building area below 160 feet in height shall be non-residential.

(C) Residential Bonus Program. Projects on large development sites identified in subsection 249.78(c)(6)(A) shall be eligible for an exception from the use requirement in subsection 249.78(c)(6)(B), provided that the projects satisfy all of the following:

(i) the project complies with the Better Streets Plan, the setback requirements of Planning Code Section 132.4(d) (2)(C), and the streetscape requirements of Section 138.1;

(ii) the project does not exceed 600 feet in height, inclusive of any waivers or concessions obtained pursuant to Sections 206.5 or 206.6, and does not seek concessions or incentives of any requirements in this Section 249.78(c)(6); and

(iii) if the project is located on a certain Key Site identified in Section 329(e)(2), the project complies with the development impact requirements as described below:

a. On the Key Site identified in Section 329(e)(2)(B), the project provides On-site Land Dedication for 100% Affordable Housing development;

b. On the Key Site identified in Section 329(e)(2)(E), the project provides On-site Land Dedication for 100% Affordable Housing development, a street-level, publicly-accessible open space of not less than 39,000 contiguous square feet, and publicly-accessible street or open space extensions of Freelon and Welsh Streets;

c. On the Key Site identified in Section 329(e)(2)(F), the project provides On-site Land Dedication for 100% Affordable Housing, publicly-accessible street or open space extensions of Freelon and Morris Streets, and street-level, publicly-accessible open spaces combined of not less than 31,000 square feet (inclusive of any non-vehicular open space extensions of Freelon and Morris Streets);

d. On the Key Site identified in Section 329(e)(2)(G), the project provides On-site Land Dedication for 100% Affordable Housing, and either a publicly-accessible open space and streetscape improvements adjacent to and within the Bluxome Street right-of-way or an indoor public recreation facility.

e. On the Key Site identified in Section 329(e)(2)(H), the project provides publicly-accessible, street-level open space of not less than 9,000 square feet in total, inclusive of building setbacks along 4th and Townsend Streets that widen the sidewalks and a plaza at the corner of 4th and Townsend Streets of not less than 5,000 square feet.

(iv) A project on a Key Site that receives a residential bonus pursuant to Section 249.78(c)(6)(C) may be eligible for a waiver or reduction of applicable requirements under Section 406.

(v) Land Dedication for 100% Affordable Housing. For purposes of this Section 249.78 (c)(6), “Land Dedication for 100% Affordable Housing” as applied to projects on the Key Sites identified in this section means fully or partially satisfying the project’s affordable housing requirements of Sections 413 et seq. and 415 et seq. under Sections 413.6 and 419.5 by providing no less than 10,000 square feet or a minimum capacity of 75 units of affordable housing, provided that if the combined full requirements of Section 413 et seq. and Section 415 et seq. as applied to the proposed project would not result in a land dedication site of at least 10,000 square feet or a minimum capacity of 75 units of affordable housing, then the proposed project on the Key Site may instead meet the requirements of Sections 413 et seq. and 415 et seq. as otherwise provided for in this Code.

(vi) Publicly-accessible Open Space, Streets, Street Extensions, and Recreational Facilities. For purposes of

this Section 249.78 (c)(6), publicly-accessible street, open space, street extensions, and recreation facilities as applied to projects on the Key Sites identified in this section means fully or partially satisfying the open space requirements under Sections 135, 138, 249.78, 270.2, and 890, and fully or partially satisfying the infrastructure fees required by Sections 423 and 433 in kind, provided that the proposed project shall not be required to provide publicly-accessible, street-level open space, street extensions, or recreation facilities in excess of the cumulative requirements of the Planning Code sections identified in this subsection 249.78(c)(6)(C)(vi).

(7) Single Room Occupancy. Single Room Occupancy units that are Dwelling Units are Not Permitted in the Central SoMa SUD except in buildings that consist of 100% affordable units. For the purposes of this subsection (c)(7), “affordable units” shall mean units rented, leased, or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco (“Lower Income Households”), as determined by Title 25 of the California Code of Regulations Sections 6928 and 6932 and implemented by the Mayor’s Office of Housing and Community Development.

ction (c)(7), “affordable units” shall mean units rented, leased, or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco (“Lower Income Households”), as determined by Title 25 of the California Code of Regulations Sections 6928 and 6932 and implemented by the Mayor’s Office of Housing and Community Development.

(8) Group Housing. Group Housing uses are Not Permitted in the Central SoMa SUD except Group Housing uses that are also defined as Student Housing, Senior Housing, or Residential Care Facility, are designated for persons with disabilities, are designated for Transition Age Youth as defined by the Mayor’s Office of Housing and Community Development, or are contained in buildings that consist of 100% affordable units. For the purposes of this subsection (c) (8), “affordable units” shall mean units rented, leased, or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco (“Lower Income Households”), as determined by Title 25 of the California Code of Regulations Sections 6928 and 6932 and implemented by the Mayor’s Office of Housing and Community Development.

(d) Urban Design and Density Controls.

(1) Prevailing Building Height and Density. In order to ensure adequate provision of infrastructure and services in an area transitioning from industrial uses to more intensive residential and commercial uses through adoption of the Central SoMa Plan, Prevailing Building Height and Density Limits are herein established.

(A) Applicability. The controls of this subsection (d)(1) shall apply to any project that is subject to Section 434(b). (B) Controls. Notwithstanding the height limit indicated on the Zoning Map and the Floor Area Ratio controls of subsection (3) below, the following Height and Floor Area Ratio controls shall apply:

(i) For all projects on lots where the Zoning Map indicates a height limit of 85 feet or greater, the height of the project shall be limited to 85 feet in height and the project lot or lots shall be limited to a maximum Floor Area Ratio of 4.0:1.

(ii) For projects on lots where the Zoning Map indicates a height limit of less than 85 feet, the project lot or lots shall be limited to a maximum Floor Area Ratio of 3.0:1.

(C) Height and Density Bonus for Participation in CFD. A project may exceed the Prevailing Building Height and Density Limits of subsection (B) up to the maximum height and density otherwise permitted in this Code and the Zoning Map in cases where the project sponsor elects to develop a project subject to Section 434.

(2) Design of Buildings. New construction shall comply with the “Citywide Urban Design Guidelines” as adopted and periodically amended by the Planning Commission.

(3) Floor Area Ratio. There shall be no maximum Floor Area Ratio limit for lots within the CMUO, MUR, MUG, and WMUO Districts in this SUD.

• (4) Living and Solar Roofs and Living Walls.

• (A) Definitions. For the purpose of this subsection, all terms shall be as defined in Sections 102 and 149.

• (B) Applicability. Any development that meets all of the following criteria:

• (i) The development lot is 5,000 square feet or larger; and

• (ii) The building constitutes a Large Development Project or Small Development Project under the Stormwater Management Ordinance (Public Works Code Secs. 147-147.6); and

• (iii) The building height is 160 feet or less.

• (C) Requirements.

(i) Notwithstanding the requirements of Section 149, at least fifty percent of the roof area shall be covered by one or more Living Roofs.

(ii) Residential projects subject to this subsection (d)(4) shall comply with Green Building Code Section 4.201.2, which sets forth requirements for solar photovoltaic systems and/or solar thermal systems.

(iii) Non-residential projects shall comply with Green Building Code Section 5.201.1.2, which sets forth requirements for solar photovoltaic systems and/or solar thermal systems.

(iv) The Living Roof shall be considered in determining compliance with the Stormwater Management Ordinance.

(v) The Planning Department, after consulting with the Public Utilities Commission and the Department of the Environment, shall adopt rules and regulations to implement this subsection (d)(4) and shall coordinate with those departments to ensure compliance with the Stormwater Management Ordinance.

(vi) Projects that consist of multiple buildings may choose to locate the required elements in this subsection (d)(4) (i)-(v) on any rooftops within the subject project, including on buildings that are not subject to these requirements, provided the equivalent amount of square footage is provided elsewhere on the project site.

(vii) In addition, project sponsors are encouraged to incorporate vertical living walls on building facades, composed of climate-appropriate, native/non-invasive plantings.

(D) Waiver. If the project sponsor demonstrates to the Zoning Administrator’s satisfaction that it is physically infeasible to meet the Living Roof requirements as written for the project in question, the Zoning Administrator may, in his or her sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), reduce the requirements stated in subsection (C) from fifty percent to thirty-three percent.

(5) Renewable Electricity.

(A) Definitions. For the purpose of this subsection, “greenhouse-gas free” shall mean energy resources qualifying as renewable pursuant to California Public Resources Code Chapter 8.6, Section 25741(a) and from hydroelectric facilities of 30 megawatts or greater.

(B) Applicability. This subsection shall apply to any newly constructed commercial or residential building or major renovation to an existing building, as defined by San Francisco Green Building Code Section 202.

(C) Requirements.

(i) All projects shall commit, as a condition of approval, to fulfilling all on-site electricity demands through any

combination of on-site generation of 100% greenhouse gas-free electricity and purchase of electricity from 100% greenhouse gas-free sources for a period of not less than 25 years from issuance of the first construction document.

(ii) The Planning Department, after consulting with the Public Utilities Commission, Department of Building Inspection, and the Department of the Environment, shall adopt rules and regulations to implement this subsection.

(6) Lot Coverage and Exposure.

(A) Lot Coverage. For residential uses, the rear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all levels containing residential uses, except that on levels that include only lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal feet from a property line fronting a street or alley, up to 100 percent lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to subsections (1) through (23) of Section 136(c) of this Code. Where there is a pattern of mid-block open space for adjacent buildings, the unbuilt area of the new project shall be designed to adjoin that mid-block open space.

(B) Exposure. Notwithstanding the residential unit exposure requirements of Section 140(a)(2), if a residential unit in the Central SoMa SUD does not face either a public street or a public alley pursuant to Section 140(a)(1), the unit shall face an open area that measures no less than 20 feet in all horizontal directions on the subject lot. Such open area need not be increased in its horizontal dimensions for the floors above.

(7) Lot Merger Restrictions.

(A) Applicability. Lots that meet both of the following criteria shall be subject to the lot merger restrictions of this Section:

(i) Lots containing one or more buildings with California Historic Resources Status Code 1, 2, 3, 4, 5, or 6L, as identified in a survey adopted by the Historic Preservation Commission; and

(ii) Lots with any single street frontage under 200 feet in length.

(B) Control. Any lot to which this subsection is applicable shall not merge with an adjacent lot in such a way that any existing street frontage of under 200 feet is increased to 200 feet in length or longer.

• (C) Exemptions.

(i) The street frontages of lots abutting the north side of Perry Street and the street frontages along Harrison Street on Block 3763 in lots 099 and 100 are exempt from this control.

(ii) On blocks of less than 200 feet in length between streets or alleys, an applicable lot may merge with an adjacent non-applicable lot if the non-applicable lot is a corner lot.

(8) Open Space. A project whose housing units consist entirely of Affordable Housing Units, as defined in Section 401, shall provide at least 36 square feet of usable Open Space, as set forth in Section 135, per unit unless the project is located directly adjacent to a publicly-owned park in which case such project shall not be required to provide usable Open Space.

(9) Wind Standards. Wind standards shall apply pursuant to Section 148.

(10) PDR Floor Heights. PDR space that is subject to the requirements of Section 202.8 or 249.78(c)(5) shall have a minimum internal floor-to-floor height of 17 feet.

(11) Dwelling Unit Exposure. The requirements of Section 140 shall apply, except that the required windows (as defined by Section 504 of the San Francisco Housing Code) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall face on an open area as follows:

(A) For units constructed above 85 feet in height, the required windows shall face directly on an open area that is no less than 15 feet by 15 feet;

(B) 10% of units constructed at or below 85 feet may face directly onto an open area that is no less than 15 feet by 15 feet; and

(C) Where required windows are built on an open area, pursuant to 140(a)(2), the requirements to increase the horizontal dimension at each subsequent floor do not apply.

(e) Community Development Controls.

(1) Affordable Housing Funds. Affordable Housing Fees for projects within the Central SoMa Special Use District shall be subject to Section 415.5(f)(1)(D).

(2) Land Dedication.

(A) Residential projects in this SUD may opt to fulfill the Inclusionary Housing requirement of Section 415 through the Land Dedication alternative contained in Section 419.6.

(B) Non-Residential projects in this Special Use District may opt to fulfill their Jobs-Housing Linkage Fee requirement of Section 413 through the Land Dedication alternative contained in Section 413.6.

(3) TDR Requirements for Large Development Sites. The transfer and use of TDR by Large Development Sites in the Central SoMa SUD is subject to the controls of Section 128.1.

• (B) Requirement.

(i) A project subject to this subsection (3) will be considered a “Development Lot,” pursuant to Section 128.1;

(ii) To exceed a Floor Area Ratio of 3:1, a Development Lot shall acquire one Unit of TDR from a Transfer Lot, as defined in Sections 128 and 128.1, per square foot of development up to a Floor Area Ratio of 4.25:1. Above 4.25:1, the acquisition of additional TDR is not required.

(4) Onsite Childcare Facilities. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 414.4, the sponsor of an Office or Hotel project on a Key Site, as defined in Section 329(e), shall elect its choice of the options described in subsection (A), (B) and (E) of Section 414.4(c)(1) to fulfill any requirements imposed pursuant to Section 414.4 as a condition of approval. The Planning Commission shall review the project for compliance with Section 414.4. In addition, the following process shall apply:

(A) The Commission may grant an exception to the provisions of Section 414.5(A), 414.6(A), or 414.9(A) if it finds that one or all of the following apply:

(i) The space is being provided to the proposed child-care provider at a below-market rate rent and/or at a significantly reduced cost.

(ii) The proposed child-care provider provides services consistent with the goals and expenditures of the Child Care Capital Fund in Section 414.14, which may include activities including, but not limited to, providing care affordable to households of low and moderate income, or providing care that fulfills unmet needs for child care by age group and/or neighborhood, as determined through a needs assessment conducted by the Director of the Office of Early Care & Education, or its successor.

(B) If the Commission determines that none of the options described in subsection (A), (B), and (E) of Section 414.4(c)(1) is feasible, the sponsor may elect any of the other options in subsection 414.4(c)(1). Feasibility may be determined by, among other things, the sufficiency of the existing supply of child care facilities in the Central SoMa SUD, the inability to provide suitable space that would meet childcare licensing requirements, a determination by the Commission that the site is not a suitable location for child care provision, and financial feasibility.

(f) Effect of Litigation. In the event that any person or entity files a lawsuit in any court challenging any new development requirement imposed as part of the Central SoMa Plan that generates revenue to fund the Central SoMa Public Benefits Program, then upon the service of such lawsuit upon the City and County of San Francisco, the City will not approve any application or grant any entitlement for development of any non-residential use in the Central SoMa SUD that could not be approved but for the adoption of this ordinance and that has not yet received a first construction document, unless and until 12 months have passed or legislation is enacted to address the challenged development requirement, whichever is sooner. Unless and until 12 months have passed or legislation is enacted to address the challenged development requirement, whichever is sooner, the City shall deny any complete permit application on or before the date the Permit Streamlining Act requires approval or disapproval of the project, based on the uncertainty of the validity of the challenged development requirement.

(g) Non-Severability. If any new development requirement imposed as part of the Central SoMa Plan that generates revenue to fund the Public Benefits Program contained in the Central SoMa Implementation Program; or any subsection, sentence, clause, phrase, or word thereof; becomes unenforceable as a result of a final decision of a court of competent jurisdiction, the City will not approve any application or grant any entitlement for any non-residential development in the Central SoMa SUD that has not yet received a first construction document.

Program contained in the Central SoMa Implementation Program; or any subsection, sentence, clause, phrase, or word thereof; becomes unenforceable as a result of a final decision of a court of competent jurisdiction, the City will not approve any application or grant any entitlement for any non-residential development in the Central SoMa SUD that has not yet received a first construction document.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (e)(2)(B) amended; Ord. 251-19, Eff. 12/16/2019. Divisions (d)(1)(B), (d)(1)(B)(ii), and (d)(2) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (c)(5)(B), (d)(5)(C)(i), (d)(10), (e)(1), and (e)(3) amended; division (d)(6) amended and redesignated as (d)(6)-(d)(6)(A); divisions (c)(5)(F) and (d)(6)(B) added; divisions (e)(3)(A)-(e)(3)(B)(ii) deleted; Ord. 47-21, Eff. 5/17/2021. Division (c)(1)(B) amended; Ord. 70-23, Eff. 6/3/2023. Divisions (a), (c)(6)-(c)(6)(B), (c)(7), and (c)(8) amended; divisions (c)(6)(C)-(c)(6)(C)(vi) added; Ord. 37-25, Eff. 5/4/2025. Division (c)(1)(F) amended; Ord. 12425, Eff. 9/1/2025. Division (d)(9) amended; divisions (d)(9)(A)-(E) deleted; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.79. PIER 70 SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. To facilitate the City’s long-term goal of redevelopment and revitalization of a portion of Pier 70, a Special Use District entitled the “Pier 70 Special Use District” (SUD) is hereby established. The boundaries of the SUD are shown on Sectional Map SU08 of the Zoning Map. The purpose of this SUD is to give effect to the Development Agreement (DA) and Disposition and Development Agreement (DDA) for the Pier 70 Mixed-Use Project (Project), as approved by the Board of Supervisors in the Ordinance contained in Board File No. 170863. The Project will provide several benefits to the City, such as a significant amount of affordable housing (through the inclusionary housing requirements of this SUD, and through additional inclusionary requirements, provision of land, and funding for affordable housing as provided for in the Affordable Housing Exhibit of the DDA), increased public access and open space, facilities for small-scale manufacturing, extensive infrastructure improvements, and replacement space for Noonan Building tenants, while creating jobs, housing, and a vibrant community as contemplated under California Assembly Bill 418 (AB 418) (Stats. 2011, ch. 477), which made Pier 70-specific amendments to the Burton Act (Stats. 1969, ch. 1333).

e DDA), increased public access and open space, facilities for small-scale manufacturing, extensive infrastructure improvements, and replacement space for Noonan Building tenants, while creating jobs, housing, and a vibrant community as contemplated under California Assembly Bill 418 (AB 418) (Stats. 2011, ch. 477), which made Pier 70-specific amendments to the Burton Act (Stats. 1969, ch. 1333).

(b) Role of Port Commission. The majority of the property within the SUD is under the jurisdiction of the Port Commission, and Port lands are subject to land use controls additional to this Municipal Code. As authorized under AB 418, the Port may hold, use, conduct, operate, maintain, manage, administer, regulate, improve, sell, lease, encumber, and control nontrust lands and improvements within the SUD for any purpose on conditions specified in AB 418. In the event of a conflict between this Code and the Burton Act, AB 418, or the McAteer-Petris Act (Cal. Gov’t Code §§ 66600 et seq. ), state law shall prevail.

(c) Relationship to Design for Development. The Pier 70 Design for Development (Design for Development), adopted by the Planning Commission and Port Commission and as may be periodically amended, sets forth Standards and Guidelines applicable within the SUD and is incorporated here by reference. Any term used in this Section 249.79 and not otherwise defined in this Code shall have the meaning ascribed to it in the Design for Development. The Port shall have exclusive jurisdiction and approval rights over amendments to the Design for Development that affect only open space and right-of-way development within the SUD, which include Design for Development, Chapter 3 (Open Space Network); Chapter 4 (Streets and Streetscapes); Section 7.2 (Street Lighting); Section 7.3 (Open Space Lighting); Section 7.6 (Wayfinding Signage); and Section 7.8 (Public Art). Other than as specified above, the Port Commission and the Planning Commission may amend the Design for Development upon initiation by either body or upon application by an owner or ground lessee of property within the SUD, to the extent that such amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission shall approve any such amendment to the Design for Development that does not exclusively affect the open space and right-of-way Chapters and Sections of the Design for Development identified in this subsection (c) as being within the exclusive jurisdiction of the Port Commission.

(d) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.79, the Design for Development, and the DA (so long as the DA is in effect). In the event of a conflict between other provisions of the Planning Code and the Design for Development or this Section 249.79 (and further subject to subsection (e) below), this Section 249.79 and the Design for Development shall control.

f the Planning Code shall control except as otherwise provided in this Section 249.79, the Design for Development, and the DA (so long as the DA is in effect). In the event of a conflict between other provisions of the Planning Code and the Design for Development or this Section 249.79 (and further subject to subsection (e) below), this Section 249.79 and the Design for Development shall control.

(e) Development Controls. Development and uses of property within the SUD shall be regulated by the controls contained in this Section 249.79 and in the Design for Development, provided, however, that if there is any inconsistency between this Section and the Design for Development, this Section shall control.

(f) Definitions. If not explicitly superseded by definitions established in this Section 249.79 or the Design for Development, the definitions in this Code shall apply. Later amendments to the definitions in this Code shall apply where not in conflict with this Section 249.79, the Design for Development, or the DA. In addition to the specific definitions set forth elsewhere in this Section 249.79, the following definitions shall govern interpretation of this Section:

“Applicant” means the ground lessee, owner, or authorized agent of the owner or ground lessee of a development parcel.

“Building Standards” means the standards applicable to Buildings and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (h) and the standards identified as such in the Design

for Development.

“Executive Director” means the Executive Director of the Port of San Francisco.

“Historic Building” means one of the existing structures commonly known as Historic Building 2, Historic Building

12, or Historic Building 21, which are part of the Union Iron Works Historic District (listed on the National Register of Historic Places).

“Horizontal Development” means construction of Public Facilities.

“Major Modification” means a deviation of 10% or more from any dimensional or numerical standard in this SUD or in the Design for Development, except as explicitly prohibited per subsection (i).

“Minor Modification” means a deviation of less than 10% from any dimensional or numerical standard in this SUD or in the Design for Development, except as explicitly prohibited per subsection (i), or from any non-numerical standard in the Design for Development.

“Proposition F” means the Union Iron Works Historic District Housing, Waterfront Parks, Jobs and Preservation Initiative adopted by the voters on November 4, 2014.

“Public Facilities” include completed utility infrastructure; recreational, open space, and public access areas; public rights-of-way; and other improvements in the public realm that will be under City and Port jurisdiction when accepted. “Vertical DDA” means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant’s development of Vertical Improvements.

ture; recreational, open space, and public access areas; public rights-of-way; and other improvements in the public realm that will be under City and Port jurisdiction when accepted. “Vertical DDA” means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant’s development of Vertical Improvements.

“Vertical Improvements” means new construction of a Building and any later expansion or major alteration of or addition to a previously approved Building within the SUD.

(g) Uses.

(1) Permitted Uses. The following uses set forth in Table 249.79(g)(1) below shall be permitted as indicated within the SUD, where P means Permitted Use and NP means Non-permitted Use.

Table 249.79(g)(1)

Table 249.79(g)(1)

Notes:

• (1) Ground Floor Residential on Illinois Street is NP.

• (2) Tourist Hotel is NP.

• (3) Service, Health is NP.

• (4) Office Use is NP on Ground Floor.

• (5) Office Use is P on Ground Floor only.

• (6) Movie Theater is P if no more than three screens.

• (7) Movie Theater is NP.

• (8) Livery Stables are NP.

(9) Automobile Assembly, Food Fiber and Beverage Processing 1, Light Manufacturing, Metal Working are P. Other Industrial Uses are NP.

(10) Food Fiber and Beverage Processing 1, Light Manufacturing are P on Ground Floor only if Building contains Residential.

(11) PDR Automotive Services Station, Storage, Stable, and Utility Yard are NP. PDR Automotive Service Station are P if Predominant Use is District Garage.

• (12) PDR Uses not already restricted as NP herein are P on the Ground Floor only if Building contains Residential.

• (13) Parking Lots are NP (except as provided for in Section 249.79(g)(3) as an interim use).

• (14) Accessory Parking is P.

• (15) Hospital is NP.

• (16) Automotive Retail is NP.

(17) The gross floor area of Office uses within the SUD shall not exceed 1.75 million square feet. No amount of Office use may be approved that would cause the total gross floor area of Office use within the SUD to exceed 1.75 million square feet, taking into account the total amount of gross floor area of Office use within Vertical Improvements and Historic Buildings that have received design approval under subsections (l)(6) or (l)(4), as applicable, whether completed or not.

(2) Temporary Uses. The Executive Director may approve without a public hearing any of the following uses (“Temporary Uses”) for a period not to exceed 90 days, or for such longer period of time as may be approved by the Executive Director under any Port lease or license: booths for charitable, patriotic, or welfare purposes; markets; exhibitions, festivals, circuses, musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; mobile food and temporary retail establishments; and automobile and truck parking and loading associated with any authorized temporary use. The Executive Director may authorize recurring Temporary Uses (such as a weekly farmers market) under a single authorization.

(3) Interim Uses. The Executive Director may approve any use listed in this subsection (“Interim Use”) without a public hearing for a period not to exceed five years if the Executive Director finds that such Interim Use will not impede orderly development consistent with this Section 249.79, the Design for Development, and the DA. Interim Uses are limited to uses in the existing Historic Buildings, unimproved areas, and open spaces. Any Interim Use listed in this subsection that is integral to development under the DA, DDA, or Vertical DDA, and is permitted by the Port under any Port lease or license shall not require separate authorization as an Interim or Temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this subsection 249.79(g)(3) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim Uses the Executive Director may authorize include, but are not limited to:

• (A) Retail activities, which may include the on-site assembly, production or sale of food, beverages, and goods, the

operation of restaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts;

• (B) Temporary art installations, exhibits, and sales;

• (C) Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes);

• (D) Motor vehicle and bicycle parking;

• (E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;

• (F) Educational activities, including but not limited to after-school day camp and activities;

• (G) Site management service, administrative functions and customer amenities and associated loading;

• (H) Rental or sales offices incidental to new development; and

• (I) Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating and support facilities for patrons and operations.

• (4) Nonconforming Uses. The Executive Director may allow the reasonable continuance, modification, or expansion

of existing uses and structures that do not comply with this Section 249.79 or the Design for Development upon a determination that the use would not impede the orderly development of the SUD consistent with this Section, the DA, the DDA, and any Vertical DDA.

• (5) Ground Floor Frontages.

(A) Priority Retail Frontages. As listed below, a minimum of 50% of the shaded Priority Retail Frontage zone shown in Figure 1 shall be occupied by the following uses (each, a “Priority Retail” use) as defined in Section 2.2 of the Design for Development (Ground Floor Uses):

(i) Retail Sales and Service Use (including Personal Services and excluding Health Services, Financial Services, Retail Professional Services, and Retail Automotive Use);

• (ii) PDR Use (including Industrial Use); and

• (iii) Entertainment, Arts, and Recreation Use.

(B) As an exception to the above, Parcel E4, due to its waterfront location, shall require a minimum of 33% Priority Retail of the extent of the east and south frontages. The Priority Retail uses on Parcel E4 may consolidate required linear feet on a single designated frontage.

(C) The minimum depth of regulated uses for all Priority Retail frontages is 25 feet from the subject facade. A maximum of 40 feet of lobby frontage per building may count towards linear Priority Retail frontage requirement.

(D) Retail and Service Frontages. To embed a broader set of active uses elsewhere on the site, including community facilities and personal services, Retail and Service Frontages shall occur along the northern and southern waterfront edge, as well as along the 200-foot portion of Parcel C1 facing Orton Plaza and on key gateways into the site from Illinois Street and corners adjacent to the Maryland Street corridor between 21st and 22nd Streets, as shown in

Figure 1. Specified frontage zones shall be limited to the Priority Retail uses listed in subsection 249.79(g)(5)(A) plus the following additional uses (each, a “Priority Service Use”) for a minimum of 50% of the shaded Retail and Services frontage zone identified in Figure 1:

• (i) Health Services;

• (ii) Financial Services;

• (iii) Retail Professional Services;

• (iv) Institutional Use; and

• (v) Non-Retail Sales and Service Use;

• (vi) For Parcel C1 only, small Offices up to 5,000 square feet;

(vii) For Parcel C1 only, ground floor residential may qualify as a permitted active use to meet this requirement if the building is 100% affordable housing.

(E) The minimum Retail and Service depth shall be \25 feet. If Parcel C1 is built as a garage, the minimum depth shall be 20 feet to preserve parking layout feasibility.

(F) Office Frontages. Ground floor office uses on 20th and 22nd Streets, as shown on Figure 1, shall not exceed 75% of the frontage for Parcels A, B, F, G, HDY, H1, and H2. Remaining portions of those frontages shall provide usable spaces for a viable non-office use, including all Priority Retail uses listed in 249.79(g)(5)(A) and Priority Service Uses listed in 249.79(g)(5)(D).

Figure 1: Ground Floor Frontage Controls.

(h) Building Standards.

(1) Building Height and Bulk. The height and bulk limits shall be as set forth on Sectional Map HT08 of the Zoning Map and as further limited and detailed in Figure 2 of this Section 249.79 (Building Height Maximum) and the Design for Development.

Figure 2: Building Heights Maximum.

(2) Measurement of Height. Measurement of Height shall be governed by the controls set forth in Section 6.4 of the Design for Development (Maximum Building Height) and not as provided in Section 260.

(3) Lot Coverage and Rear Yards. Lots shall not be required to comply with any rear yard and lot coverage requirements set by this Code.

(4) Off-Street Parking. Off-street automobile parking shall not be required for any use. Total parking spaces for the SUD shall not exceed the maximum number of spaces listed in the Table 249.79(h)(4) below. Planning will determine compliance with the off-street parking standards in accordance with Subsection 249.79(l)(5) below. These requirements may be modified pursuant to implementation of the Project’s Transportation Demand Management (TDM) requirement, as set forth in the DDA.

(5) Bicycle Parking. The amount of bicycle parking required shall be governed by the controls set forth in the Planning Code, but the location and design of required bicycle parking shall be governed by the controls set forth in the Design for Development.

• (6) Dwelling Unit Density. There shall be no density limit for any residential use.

• (7) Dwelling Unit Exposure. The provisions of Section 140 shall not apply. Dwelling units in new construction shall face onto one of the following open areas that is open to the sky:

• (A) A public street, public alley, or mid-block passage (public or private) at least 20 feet in width;

• (B) An exterior courtyard or terrace at least 25 feet in width that is open to a public street, public alley, mid-block passage (public or private);

• (C) A public open space that is at least 25 feet in width, including Irish Hill, a landscape feature;

• (D) An interior courtyard at least 25 feet in width and a maximum height of 55 feet;

• (E) An interior courtyard at least 40 feet in width without regard to height; or

• (F) Undeveloped airspace over rooftops of either adjacent buildings within the SUD or a building on the same

parcel where such building has been built to the maximum height limit allowed pursuant to this Section 249.79.

• (8) Open Space for Dwelling Units. In addition to any publicly-accessible open spaces described in the Design for

Development, a minimum of 40 square feet of open space per dwelling unit shall be provided on each residential building parcel. Such open space may be either private or common space, and may be provided in the form of courtyards, terraces,

rooftops, balconies, or other facilities. The standards for open spaces shall be governed by the controls set forth in the Design for Development and not as provided in Section 135.

(9) Permitted Obstructions. Permitted obstructions over the street, alley, yard, setback, or open space (also referred to as Projections) shall be governed by the controls set forth in the Design for Development and not as provided in Section 136.

(10) Streetscape Improvements. The streetscape and street tree planting requirements shall be governed by the controls set forth in the Design for Development and not as provided in Section 138.1(c).

(11) Off-Street Loading. The loading requirements of Article 1.5 of the Code shall not apply. Off-Street loading shall be governed by the controls set forth in Section 5.5 and 5.6 of the Design for Development, describing number of loading spaces, loading space locations and dimensions, loading spaces for historic buildings, location of refuse and recycling, and loading access locations.

(12) Signage. The requirements of Article 6 of this Code, as well as the signage guidelines of the Port, shall not apply. Building signage within the Special Use District shall be regulated by Sections 7.5 (General Signage), 7.6 (Wayfinding Signage) and 7.7 (Building Signage) of the Design for Development, regulating signage design and location for buildings and the public realm. Signage regulations in the Design for Development supplement the following signage plans to be approved by the Executive Director and the Planning Department pursuant to the DDA as follows: the Pier 70 Public ROWs Signage Plan, the Pier 70 Park Parcels Signage Plan(s) and the Pier 70 Interpretive Signage Plan(s) to be approved by the Executive Director, and the Pier 70 Building Signage Plan approved by both the Executive Director and Planning Director.

(13) Inclusionary Housing Requirements. The requirements of Section 415 shall apply subject to the following provisions:

(A) For any Rental Housing Project, each housing development project shall pay a fee based on the number of units equivalent to the 23% of the number of units in the principal rental housing project. If the project sponsor is eligible and elects to provide on-site affordable rental units, the number of affordable units constructed on-site shall be 20% of all units constructed on the project site. The Rental Units shall have an affordable rent set at an average of 80% of Area Median Income or less.

(B) For any housing development project consisting of Owned Units, each project shall pay a fee based on the number of units equivalent to the 28% of the number of units in the principal housing project.

(14) Impact Fees. Vertical Improvements within the SUD that are subject to the DA shall be required to pay impact fees in accordance with the DA. In recognition of the high level of in-kind improvements provided under the Design for Development and related project documents, all other Vertical Improvements within the SUD, whether subject to the DA or not, shall not be required to pay the Eastern Neighborhoods Impact Fees and Public Benefits Fund requirements set forth in Section 423.

(15) Transportation Fee. Vertical Improvements that are subject to the DA shall be required to pay transportation fees in accordance with the DA, which fees shall be used by SFMTA in accordance with the Transportation Plan attached to the DA. All other Vertical Improvements within the SUD shall pay to SFMTA a “Transportation Fee” that SFMTA shall use to pay for uses permitted by the TSF Fund under Section 411A.7, including SFMTA and other agencies’ costs to design, permit, construct, and install a series of transportation improvements in the area surrounding the Pier 70 SUD. The Transportation Fee will be calculated for each Vertical Improvement at 100% of the applicable TSF rate without a discount under Section 411A.3(d) as if it were a Project submitted under Section 411A.3(d)(3).

(i) Modifications to Building Standards. Modification of the Building Standards may be approved on a project-byproject basis according to the procedures of set forth below.

(1) No Modifications or Variances Permitted. No modifications or variances are permitted for (A) Maximum Height established under Section (h)(1); (B) maximum building stories established in Standard 6.4.2 of the Design for Development (Maximum Stories); (C) maximum off-street parking ratios (except as provided in subsection (l)(5) below); (D) minimum required bicycle parking quantities established in Article 1.5 of the Planning Code; or (E) Standard 6.18.1

(Key Facades 200-350 Feet in Length) and Standard 6.18.2 (Key Facades 350 Feet or More in Length) of the Design for Development regulating architectural treatment of primary and secondary facades. Except as explicitly provided in subsections (i)(2) and (3) below, no other standard set forth in this Section 249.79 or in the Design for Development shall be modified or varied.

(2) Minor Modifications. The Planning Director may approve a Minor Modification administratively by the procedures described in subsection 249.79(l)(6)(A).

(3) Major Modifications. The Planning Commission shall hear any application for a Major Modification according to the procedures described in subsection 249.79(l)(6)(B).

(j) Review and Approval of Development Phases and Horizontal Development. The Port Commission shall grant a Phase Approval in accordance with the DDA for the Phase that includes the applicable Vertical Improvements before Planning may approve an application for design review under this Section 249.79. In addition to any hearings required under the DDA, prior to Port Commission approval the Developer shall make an informational presentation of each Phase Submittal to the Planning Commission and the Historic Preservation Commission, and seek comment from these commissions. Pursuant to subsection (l)(5) below and as further established in the DDA, the Planning Director shall review the off-street parking program proposed in the subject phase for consistency with the off-street parking requirements set forth in this Section 249.79 prior to Port Commission approval of the Phase Application.

(k) Review and Approval of Open Space. The Port Commission shall have exclusive jurisdiction over the review of proposed publicly-owned open space within the SUD for consistency with the Design for Development, including program, design, and the inclusion of any ancillary structures. Any privately-owned publicly-accessible open space on any of the development parcels shall be reviewed and approved by Planning as part of the associated Vertical Improvement.

(l) Design Review and Approval of Vertical Improvements.

(1) Applications. Applications for design review are required for all Vertical Improvements prior to issuance of building permits. An application for design review shall be filed at the Port by the owner or authorized agent of the owner of the property for which the design review is sought. Each application shall include the documents and materials necessary to determine consistency with this Section and the Design for Development, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings. If an Applicant requests a Major or Minor Modification, the application shall contain descriptive material such as narrative and supporting imagery, if appropriate, that describes how the proposed Vertical Improvement meets the intent of the SUD and Design for Development and provides architectural treatment and public benefit that are equivalent or superior to strict compliance with the standards.

(2) Completeness. Port and Planning staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. Review by Port staff shall also include a review for compliance with the requirements of the applicable Vertical DDA (or, if the Vertical DDA has not been executed at the time of application submittal, for compliance with the requirements of the form of Vertical DDA approved by the Board of Supervisors and the information provided in Developer’s applicable Appraisal Notice submitted under the DDA).

(3) Staff Design Review of Buildings. Each application for Vertical Improvements shall be subject to the administrative design review process set forth in this subsection (l). Upon a determination of completeness (or deemed completeness), staff shall conduct design review and prepare a staff report determining compliance of the Vertical Improvement with this Section 249.79 and the Design for Development, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and posted on the Department’s website for public review, within 60 days of the determination of completeness.

If staff determines that the Vertical Improvement is not compliant with the Design for Development and this Section 249.79, it will notify the Applicant within the applicable 60-day period, in which case, the Applicant may resubmit the

Application and the requirements under subsection (l)(1) through subsection (l)(3) apply anew, except the time for staff review shall be 30 days.

(4) Port Review of Historic Buildings. Following the informational presentation by the Developer and receipt of comments, if any, from the Planning Commission and Historic Preservation Commission pursuant to subsection (j) above, Port staff shall review schematic designs for each Historic Building in accordance with the procedures set forth in the ground lease between Port and the Applicant for the applicable Historic Building. Port staff review shall include a determination of consistency with the Design for Development and applicable mitigation measures, including compliance with Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(5) Off-Street Parking. It is the intent of this SUD that at full build-out of all parcels in the SUD, the total number of off-street parking spaces within the SUD shall not exceed the applicable maximum parking ratios specified in Table 249.79(h)(4) above. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively for the SUD as a whole. As part of the Phase Submittal process required under the DDA and discussed in subsection (j) above, the Port shall refer to the Planning Director for approval the parking data information submitted by the developer setting forth the total number of residential units and total gross floor area of office space for the proposed phase and for all prior approved phases (without regard to whether or not the Buildings have been constructed) along with an updated estimate of maximum future buildout of residential units and office spaces within the SUD. For Phases 1 and 2, the Phase Submittal may exceed the maximum parking ratios for proposed and previously approved parking spaces by up to 10%, provided the cumulative buildout for that phase does not exceed 90% of the expected full buildout within the SUD for either residential units or office space. For Phases thereafter, the Planning Director may determine whether to allow a 10% deviation above the maximum parking ratios allowed for the SUD, taking into account the expected Project program at full build-out. To ensure compliance with the maximum parking ratios on a periodic basis during the phased build-out of the SUD, Planning shall not otherwise approve new off-street parking proposed within a Vertical Improvement if it determines that the amount of off-street parking proposed for the Vertical Improvement would cause the SUD to exceed the total number of parking spaces approved under the current Phase Submittal plus all prior approved Phase Submittals.

(6) Approvals and Public Hearings for New Development.

(A) New Construction. Within 20 days after the delivery and posting of the staff report in accordance with subsection (l)(3), the Planning Director shall approve or disapprove the Vertical Improvement design and any Minor Modifications based on its compliance with this Section 249.79 and the Design for Development and the findings and recommendations of the staff report. If the Vertical Improvement is consistent with the numeric standards set forth in this Section 249.79 and the Design for Development, the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the Design for Development and the General Plan. Notwithstanding any other provisions of this Section 249.79, the Planning Director may refer an Application that proposes modification to the non-numeric elements of the Design for Development, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the Standards set forth in the Design for Development.

(B) Vertical Improvements Seeking Major Modifications. Upon delivery and posting of the staff report under subsection (l)(3), the Planning Commission shall calendar the item for a public hearing within 20 days or at the next regular meeting thereafter of the Planning Commission (or special meeting, at the Planning Commission’s discretion), subject to any required noticing, for any application for Vertical Improvements seeking one or more Major Modifications and for any Vertical Improvement seeking Minor Modifications that the Planning Director, in his or her sole discretion, refers as a Major Modification. The Planning Commission shall consider all comments from the public and the

recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major or Minor Modifications.

(C) Notice of Hearings. Notice of hearings required by subsection (B) above shall be provided as follows:

(i) by mail not less than 20 days prior to the date of the hearing to the Vertical Improvement applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

(ii) by posting on the subject property at least 10 days prior to the date of the hearing.

(m) Building Permit Approval. For projects subject to the jurisdiction of the Port, the Chief Harbor Engineer shall review each building permit application for consistency with the authorizations granted pursuant to this Section 249.79. For projects outside the jurisdiction of the Port, DBI shall review each permit application for consistency with the authorizations granted pursuant to this Section 249.79. The Chief Harbor Engineer and DBI shall not issue any building permit for work within the SUD that has not obtained design review approval in accordance with subsections (l)(6)(A) and (B) above to the extent applicable, or is inconsistent with standards in this Section 249.79 or the Design for Development.

(n) Change of Use. Before issuing any building permit or other permit or license, or for a permit of Occupancy that would authorize a new use, a change of use or maintenance of an existing use of any land or structure contrary to the provisions of this Section 249.79 or the Design for Development, the Chief Harbor Engineer or DBI, as applicable, shall refer the matter to the Planning Department for a consistency determination to be provided to the Chief Harbor Engineer or DBI, as applicable, within 15 days of referral.

(o) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Building in the SUD.

(Added by Ord. 225-17, File No. 170864, App. 11/15/2017, Eff. 12/15/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Divisions (g)(5)(vii)-(viii) redesignated as divisions (g)(5)(vi)-(vii); Ord. 202-18, Eff. 9/10/2018.

SEC. 249.80. MISSION ROCK SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the Mission Rock Special Use District (SUD), the boundaries of which are shown on Sectional Map SU08 of the Zoning Maps of the City and County of San Francisco, is hereby established to facilitate the City’s long-term goal of development of a new Mission Rock neighborhood. The purpose of this SUD is to implement the Mission Rock Affordable Housing, Parks, Jobs and Historic Preservation Initiative approved by City voters on November 3, 2015 (Proposition D), and give effect to the Development Agreement (DA), Disposition and Development Agreement (DDA) and related transactional documents as approved by the Board of Supervisors in ordinances in File Nos. 171313 and 180092, which will provide benefits to the City such as, among other things, development of a mixed-use, transit-oriented community on the waterfront near public transit, major new housing, including a significant amount of affordable housing, increased public access and open spaces, extensive infrastructure improvements, shops, restaurants, cafes, neighborhood-serving retail, community spaces, commercial/office and light industrial/production space, preservation and renovation of historic Pier 48, job creation, responsiveness to climate change and resulting sea level rise, and the generation of revenue to fund public improvements.

ng, increased public access and open spaces, extensive infrastructure improvements, shops, restaurants, cafes, neighborhood-serving retail, community spaces, commercial/office and light industrial/production space, preservation and renovation of historic Pier 48, job creation, responsiveness to climate change and resulting sea level rise, and the generation of revenue to fund public improvements.

(b) Role of Port Commission. The property within the SUD is under the jurisdiction of the Port Commission. As authorized under the Burton Act and AB 2797, the Port may hold, use, conduct, operate, maintain, manage, administer, regulate, improve, sell, lease, encumber, and control non-trust lands and improvements within the SUD for any purpose on conditions specified in the Burton Act and AB 2797. In the event of a conflict between this Code and the Burton Act, AB 2797, or the McAteer-Petris Act (Cal. Gov’t Code §§ 66600 et seq. ), state law shall prevail.

(c) Relationship to Design Controls. The Mission Rock Design Controls (Design Controls or DC), adopted by the Planning Commission and the Port Commission and as may be periodically amended, sets forth Standards and Guidelines, applicable within the SUD. A copy of the Design Controls is on file with the Clerk of the Board of Supervisors in File No. 170940 and available on the Board’s website, and is incorporated herein by reference as though fully set forth. Any term

used in this Section 249.80 and not otherwise defined in the SUD or this Code shall have the meaning ascribed to it in the Design Controls. The Port shall have exclusive jurisdiction and approval rights over amendments to the Design Controls that affect only open space and right-of-way (including streetscape) development within the SUD, which includes Chapters 2 through 4 of the Design Controls and could include, depending on the context and application to the open space/streetscape areas within Port jurisdiction, the following: Design Controls Section 5.1 (Designing for Environmental Change: Site Grading and Differential Settlement), Section 5.3 (Active Edges), Section 5.4 (Public Passages), Section 5.7 (Parkfront Zone), Section 6.6 (Environmental Comfort), Section 7.1 (Interpretative Signage, Regionally Appropriate Vegetation), Section 7.4 9 (Signage), and Section 7.5 (Lighting). Other than amendments to sections of the Design Controls identified in this subsection (c) as being within the exclusive jurisdiction of the Port Commission as specified above, the Port Commission and the Planning Commission may amend the Design Controls upon initiation by either body or upon application by an Applicant, to the extent that such amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission must approve any amendment to the Design Controls that does not exclusively affect the open space and right-of-way Chapters under the exclusive jurisdiction of the Port Commission. In the event of any conflict between the SUD and the Design Controls, the SUD shall prevail.

uch amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission must approve any amendment to the Design Controls that does not exclusively affect the open space and right-of-way Chapters under the exclusive jurisdiction of the Port Commission. In the event of any conflict between the SUD and the Design Controls, the SUD shall prevail.

(d) Relationship to Other Planning Code Provisions. The provisions of this SUD and the Design Controls shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Mission Rock Mixed Use District), Section 249.80 (Mission Rock Special Use District), Section 291 (Mission Rock Height and Bulk District), and Section 901 (Applicability of Article 9 Provisions and Other Provisions of the Planning Code); (3) Planning Code sections adopted by ballot proposition prior to the effective date of the ordinance (in Board of Supervisors File No. 170940) adopting this SUD as follows, and only to the extent that such provisions are applicable under the ballot proposition to development within the SUD: sections of the Planning Code adopted or amended by Proposition M (November, 1986) (Sections 101.1, 164, and 320-325); Proposition K (June, 1984) (Section 295); and Proposition G (March, 2002) (Sections 602.7 (recodified at 602) and 611) and (4) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein). Sections of the Planning Code adopted by ballot proposition that are limited geographically and do not apply to the SUD are Proposition G (Small Business Protection Act) (November, 2006) (Section 303.1); and Proposition X (Limitation on Conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use) (November, 2016) (Section 202.8). In the event of a conflict between any provisions of the Planning Code that are incorporated herein by reference pursuant to subsection (d)(4) above and the Design Controls or this Section 249.80, this Section 249.80 and the Design Controls shall control. Later amendments to the code sections referenced in this subsection as applicable in the SUD shall apply where not conflict with this SUD, the DC or the DA.

(e) Definitions. If not explicitly superseded by definitions established in this SUD or in the DC, the definitions in this Code shall apply. In addition to the specific definitions set forth elsewhere in this Section 249.80, the following definitions shall govern interpretation of this Section:

“Active Uses” means Active Uses as defined and described in Chapter 1 of the Design Controls.

“Applicant” means the ground lessee, owner, or authorized agent of the owner or ground lessee of a development parcel on the Project Site.

“Block” is a development Block as depicted on Figure 249.80-MR1.

“Building Standards” means the standards applicable to Buildings and any associated privately-owned open spaces within the Project Site as specified in subsection (g).

“Commercial Uses” means all Institutional Uses and Non-Retail Sales and Services, but excluding Hospital, Commercial Storage, Wholesale Sales, and Wholesale Storage.

“DDA” means the Disposition and Development Agreement by and between the Port and Developer regarding development of Vertical Improvements and Horizontal Improvements on the Project Site.

“Executive Director” means the Executive Director of the Port of San Francisco.

“Horizontal Improvement” means public capital facilities and infrastructure built or installed at the Project Site. Horizontal Improvement1 include Shoreline Improvements, Public Space, Public ROWs, and Utility Infrastructure, and exclude Site Preparation and Vertical Improvements, all as such terms are more particularly defined in the DDA.

“Major Modification” means a deviation of 10% or more from any dimensional or numerical Standard in the Design Controls or Building Standard in the SUD, except as limited by subsection (j)(1) below; provided, however, that any such deviation from a Standard in Chapter 5 of the Design Controls shall be deemed a minor modification. Major Modification also means a change to a standard that is non-numeric but is absolute, such as locations of curb cuts.

“Minor Modification” means a deviation of (1) less than 10% from any dimensional or numerical Standard in the Design Controls or Building Standard in the SUD, except as limited by subsection (j)(1) below; or (2) from any nonnumerical (other than non-numeric, absolute) or qualitative Standard in the Design Controls.

“Other Uses” means Community Recycling Collection Center, Open Recreation Area, Passive Outdoor Recreation, Public Transportation Facility, Utility Installation, and Wireless Telecommunications Facility.

“Parking Garage” means either a Private Parking Garage or Public Parking Garage as further described in subsection 249.80(g)(7) and the Design Controls.

“Phase” means a phase of development as defined in the DDA.

“Production Uses” means all Agricultural and Industrial Uses, but excluding Large Scale Urban Agriculture; Automobile Wrecking; Food, Fiber and Beverage Processing 2; Hazardous Waste Facility; Junk Yard; Power Plant; Shipyard; Storage Yard; Storage, Volatile Materials; Truck Terminal; and all Non-Retail Automotive Uses.

“Project Site” means the Project Site for the Mission Rock development, as more particularly described in the DDA. “Proposition D” means the Mission Rock Affordable Housing, Parks, Jobs and Historic Preservation Initiative, which San Francisco voters approved on November 3, 2015.

“Residential Uses” means Residential Uses as defined in Section 102, including Single Room Occupancy and Student Housing and excluding any residential component of an Institutional Use.

“Retail Uses” means all Retail Sales and Services, and Retail Entertainment, and Arts and Recreation Uses; but excluding Adult Business, Motel, Fringe Financial Services, Self-Storage, Livery Stable, and Sports Stadium. Retail Automotive Uses are not permitted.

“Standard” means the category of design control described in the Chapter Summary to the Design Controls.

“Vertical DDA” means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant’s development of Vertical Improvements at the Project Site.

“Vertical Improvements” means new construction of a Building or the rehabilitation of Pier 48 at the Project Site, and any later expansion or major alteration of or addition to a previously approved Building at the Project Site. (f) Uses.

(1) Mission Rock Mixed Use District Zoning Designation. The Mission Rock Mixed Use District (MR-MU) is the zoning designation for the Mission Rock site and is co-terminus with the boundaries of the Mission Rock Special Use District. This Special Use District Section 249.80 and other Sections referenced herein establish all zoning controls for the MR-MU district.

(2) Permitted Uses. Uses principally permitted within the SUD are set forth in Table 249.80-MR1. Figure 249.80MR1 and Table 249.80-MR1 identify each development block and a primary land use designation for that development block. Additional requirements that apply to certain primary land use designations in a block, and the clarification of permitted uses on publicly-accessible open spaces described in the Design Controls are set forth in subsections (f)(2)(A) through (D) below. Permitted uses at the ground floor are set forth in subsection (f)(3) below. All uses are allowed in this SUD unless otherwise explicitly prohibited as identified in this subsection (f). The intent of this subsection is that the Planning Director, or the Executive Director in the case of temporary and interim uses, interpret permitted uses broadly to allow for uses that may not currently exist or be identified in this subsection (f) but that are consistent with the classes of

expressly identified permitted uses. The major categories of permitted uses in the SUD as set forth in Table 249.80-MR1 are: Residential, Production (which includes Industrial and Agricultural uses), Commercial, Retail, Parking Garage and Other Uses.

(A) On Blocks primarily designated as Residential Mixed Use, at least 60% of the gross square footage of the Buildings above the ground floor in each Block shall consist of Residential Uses. The minimum 60% requirement shall be considered cumulatively on each subject Block, starting with the first Vertical Improvement on the Block. No Vertical Improvement or change of use may be approved if it causes the gross square footage on the Block as a whole, considering all existing and approved uses on the Block, to fall below 60% Residential Uses.

ch Block shall consist of Residential Uses. The minimum 60% requirement shall be considered cumulatively on each subject Block, starting with the first Vertical Improvement on the Block. No Vertical Improvement or change of use may be approved if it causes the gross square footage on the Block as a whole, considering all existing and approved uses on the Block, to fall below 60% Residential Uses.

(B) On Blocks primarily designated as Commercial Mixed Use, at least 60% of the gross square footage of the Buildings above the ground floor in each Block shall consist of Non-Residential Uses. The minimum 60% requirement shall be considered cumulatively on each subject Block, starting with the first Vertical Improvement on the Block. No Vertical Improvement or change of use may be approved if it causes the gross square footage on the Block as a whole, considering all existing and approved uses on the Block, to fall below 60% Non-Residential Uses.

(C) Hotel Uses are considered Commercial Uses in this SUD and in the DC except where otherwise specified therein, and in the DA for fee calculation purposes. The Design Controls contain a more detailed description of design and other controls that govern Hotel Uses.

(D) The principally permitted use on publicly accessible open spaces as described in the Design Controls is Open Space/public access, subject to continuing maritime use on the south side of the apron and consistency of public access therewith, all as set forth in the DA and the Design Controls.

Table 249.80-MR1 Land Uses(1)

P=Permitted.

NP=Not Permitted.

Notes:

(1) See Table 249.80-MR2 and Figure 249.80-MR2 for Ground Floor Controls. This Table 249.80-MR1 applies to uses above the ground floor.

(2) The following uses are permitted in areas designated for Production Uses only as accessory to Production Uses in accordance with subsection 249.80(f)(7): Heavy Manufacturing 1 (woodworking mill only), Heavy Manufacturing 2 (rendering or reduction of fat, bones, or other animal material only), Heavy Manufacturing 3 (candles (from tallow), dye, enamel, lacquer, perfume, printing ink, refuse mash, refuse grain, or soap only), Wholesale Sales, and Wholesale Storage.

(3) See Section 249.80(g)(7) for Building Standards that apply to off-street parking. Automotive Repair and Automotive Wash are permitted as accessory to all Parking Garages.

(4) See Section 249.80(f)(2)(A) for additional requirements that apply on Residential Mixed Use Blocks. See Section 249.80(f)(2)(C) for additional requirements that apply to Hotels.

(5) See Section 249.80(f)(2)(B) for additional requirements that apply to Commercial Mixed Use Blocks.

(6) A Flex Block can be developed as either a Commercial Mixed Use or Residential Mixed Use Block.

(7) District-Serving Utility Installation as defined in the Design Controls is the only Other Use permitted; in addition, Active Uses are permitted.

Figure 249.80-MR1 Land Use Designation by Block

(3) Ground Floor Frontage Zones. Ground Floor Frontage Zones are required as indicated in Table 249.80-MR2 and Figure 249.80-MR2 below and include permitted land uses and minimum frontage depths.

Table 249.80-MR2 - Ground Floor Frontage Zone Controls(1), (2)

Notes:

• (1) See Design Controls Table 5.5 for more detailed controls that govern these zones.

• (2) A Child Care Facility is a permitted use in all ground floor frontage zones.

Figure 249.80-MR2 Frontage Zones

(4) Temporary Uses. The Executive Director may approve without a public hearing any of the following uses (“Temporary Uses”) for a period not to exceed 90 days, or for such longer period of time as may be approved by the Executive Director under any Port lease or license: booths for charitable, patriotic or welfare purposes; markets; exhibitions, festivals, circuses, musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meetings rooms and event staging; mobile food and temporary retail establishments; and automobile and truck parking and loading associated with any authorized temporary use. The Executive Director may authorize recurring Temporary Uses (such as a weekly farmers market or concert series) under a single authorization.

(5) Interim Uses. The Executive Director may approve any interim use listed in this section without a public hearing for a period not to exceed five years if the Executive Director finds that such use will not impede orderly development consistent with this Section 249.80, the Design Controls, and the DA. Interim uses under this subsection (f)(5) are limited to uses at Pier 48 and the existing unimproved areas, open space and surface parking lots in the SUD area. Any interim use listed in this section that is integral to development under the DA, DDA or Vertical DDA and permitted by the Port under any Port lease or license shall not require separate authorization as an interim or temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this subsection (f)(5) shall not exempt the Applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim uses that the Executive Director may authorize include, but are not limited to the following or similar activities:

(A) Retail activities, which may include the on-site assembly, production or sale of food, beverages and goods, the operation of restaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts;

• (B) Temporary art installations, exhibits, and sales;

• (C) Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes);

• (D) Motor vehicle and bicycle parking;

• (E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;

• (F) Educational activities, including but not limited to after-school day camp and associated activities;

• (G) Site management service, administrative functions and customer amenities and associated loading;

• (H) Rental or sales offices incidental to new development; and,

• (I) Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating and support facilities for patrons and operations.

(6) Nonconforming Uses. The Executive Director may allow the reasonable continuance, modification, or expansion of existing uses and structures that do not comply with this Section or the Design Controls under the terms and conditions set forth in the DDA.

(7) Accessory Uses. Accessory uses are governed by the provisions of Planning Code Section 204 that apply to C Districts, with the following modifications:

(A) Table 249.80-MR1 identifies certain Production Uses and two non-Retail Sales and Service Uses (Wholesale Sales and Storage, Wholesale) that are permitted in the SUD only as accessory to another principally permitted Production Use. Such accessory uses must be related to the underlying principal Production Use and are limited to up to 33% of the total floor area occupied by such principal Production Use.

(B) In parking garages, car washing and minor automotive maintenance and repair activities shall be permitted as accessory uses.

• (g) Building Standards.

(1) Density of Dwelling Units. There shall be no dwelling unit density limit within the SUD.

• (2) Floor Area Ratio. There shall be no floor area ratio limit within the SUD.

• (3) Lot Coverage and Rear Yard. There shall be no lot coverage or rear yard requirements in the SUD.

(4) Usable Open Space Requirements for Dwelling Units. In addition to any publicly-accessible open spaces described in the Design Controls, a minimum of 36 square feet of open space if private, or 48 square feet of open space if common, shall be provided for each dwelling unit. Such open space may be on the ground and on decks, balconies, porches or other facilities and shall be provided on the same development block as the unit to be served. The standards for open spaces shall be governed by the Design Controls.

(5) Dwelling Unit Exposure. All dwelling units shall face onto a public or private right-of-way, or onto an open area, defined as:

(A) A public street, publicly accessible alley, or mid-block passage (public or private) at least 20 feet in width.

(B) An exterior courtyard or terrace that is open to a public street, public alley, mid-block passage (public or private), or public open space and at least 25 feet in width.

(C) An interior courtyard at least 25 feet in width, with adjacent walls up to a maximum height of 55 feet, or 40 feet in width with adjacent walls 55 feet or higher.

(D) Undeveloped airspace over rooftops of either adjacent Buildings within the SUD or a Building on the same parcel where such Building has been built to the maximum height allowed pursuant to Section 291.

(6) Building Height and Bulk. Building height and bulk limits and controls within the SUD shall be as set forth in Planning Code Section 291 .

(7) Off-Street Parking. Off-street automobile parking shall not be required for any use in this SUD. At Project buildout, total parking spaces in the SUD shall not exceed 3,100. Up to 3,000 parking spaces are permitted in the Parcel D2 parking garage or a combination of Parcel D2 parking garage and a below grade parking garage beneath Mission Rock Square. A maximum of 100 additional spaces in aggregate are permitted in other Vertical Improvements in the SUD. There shall be a minimum of 31 car share spaces at buildout of the SUD, located in any combination of the parking garage on Parcel D2, underground parking garage beneath Mission Rock Square and other Vertical Improvements in the SUD area. Phasing and amounts of parking for each Vertical Improvement shall be governed by the DDA.

(8) Off-Street Loading. Off-street loading spaces are not required in the SUD, and loading shall be governed by Design Controls Chapters 4 and 5.

(9) Bicycle Parking; Showers and Lockers. Bicycle parking, and the provision of showers and lockers shall be governed by Planning Code Sections 155.1-155.4 provided, however, that:

(A) the number of Class I bicycle parking spaces shall be provided at the higher of the ratios set forth in Planning Code Section 155.2 or the following: Residential: one space per dwelling unit; Commercial and Production Uses: one space per 2,500 square feet of Commercial or Production Use; and Retail: one space per 3,750 square feet of Retail Use;

(B) Class II bicycle parking spaces shall not be required pursuant to Section 155.2 but shall be provided at the ratios and based on the criteria and locations set forth in the Transportation Demand Management requirements in the DDA on a Phase basis pursuant to the DDA in connection with Horizontal Improvements; and,

(C) in lieu of the Zoning Administrator waiver process, the Minor Modification and Major Modification process in subsection (m) below shall apply.

(10) Signage. Signage in the publicly accessible open spaces described in subsection (f)(2) and along public realm streets and rights-of-way identified in the Design Controls Chapters 2 through 4, shall be subject to public realm signage standards and guidelines to be established as part of the first Phase submittal, as set forth in the DA and DDA. Signage for Buildings, including parking garages, in the SUD shall be governed by the provisions of Planning Code Article 6 that

apply in the C-3 District. In lieu of the permit process described in Planning Code Section 604, all signage in the SUD shall be reviewed and approved by the Port in accordance with the DA and DDA.

(11) Transportation Demand Management. Transportation Demand Management requirements shall be governed by the DA and DDA.

(h) Zoning Procedures.

(1) Institutional Master Plans. Each Post-Secondary Educational Institutional use, including Group Housing affiliated with and operated by any such institution, shall comply with the applicable provisions of Planning Code Section 304.5, following the requirements and procedures for such uses in C-3 Districts.

(2) Removal of Dwelling Units. The removal of Dwelling Units in the SUD shall be governed by Planning Code Section 317, in accordance with the procedures of Section 303 of this Code.

(3) Health Care Services Master Plan. Any change of use to a Medical Use that would occupy 10,000 gross sf of floor area, or any expansion of an existing Medical Use that would add at least 5,000 gross square feet of floor area, is subject to Planning Code Section 342.

(4) Places of Entertainment. Planning Code Section 314 (Places of Entertainment) shall not apply in the SUD. In lieu of this requirement, through the DDA the Port will address disclosures to residents regarding the proximity of Places of Entertainment to the Residential Uses.

(5) Good Neighbor Policies. Planning Code Section 803.5 (Good Neighbor Policies) shall not apply in the SUD. The Port will enforce substantially similar policies through the DDA and Vertical DDA.

(6) Retail Leasing Program. Planning Code Section 303.1 (Formula Retail) shall not apply in the SUD. In lieu of this requirement, through the DDA the Port will require a Merchandising Program as part of each Phase submittal. Each Vertical Improvement will be required to be consistent with the Merchandising Program, which will include standards and guidelines that, among other things, provide for a range of retail types and an appropriate mix of local, regional and national retail tenants.

(i) Processing and Impact Fees. Processing and impact fees, including inclusionary housing requirements, for development in the SUD are governed by the DDA and DA.

(j) Modification to Building Standards. Modification of the Building Standards may be approved as authorized by

this subsection (j) on a project-by-project basis according to the procedures of subsection (m).

• (1) No Modifications Permitted. Major and Minor Modifications under subsection (m) are not permitted for:

• (A) maximum height and bulk established in Section 291;

• (B) maximum off-street parking amounts established in subsection (g);

• (C) minimum Class 1 bicycle parking quantities established in subsection (g); or,

• (D) land use requirements established in subsection (f).

Modifications to other Building Standards and provisions of this SUD are governed by subsection (m).

• (2) Minor Modifications. The Planning Director may approve a Minor Modification administratively according to the procedures described in subsection (m).

• (3) Major Modifications. The Planning Commission shall hear any application for a Major Modification according to the procedures described in subsection (m).

(k) Review and Approval of Development Phases. The Port must approve a Phase application in accordance with the DDA for the Phase that includes the applicable Vertical Improvements before Planning may approve an application for design review under this Section 249.80. In addition to any hearings required under the DDA, prior to Port Commission approval and during the applicable Phase Submittal review period, the Developer shall make an informational presentation of each Phase Submittal to the Planning Commission and only as to the Phase Submittal that includes Pier 48, also to the Historic Preservation Commission, and seek comment from these Commissions.

(l) Review and Approval of Open Space. The Port has exclusive jurisdiction over the review of proposed publiclyowned open space and right-of-way (including streetscape) within the SUD. The Port’s exclusive jurisdiction review authority includes determinations of consistency with the Design Controls, including program, design, and the inclusion of

any associated or ancillary structures. Any privately-owned, publicly-accessible open space on any of the development parcels shall be reviewed and approved by Planning as part of the associated Vertical Improvement.

(m) Design Review and Approval of Vertical Improvements.

(1) Applications. Applications for design review are required for all Vertical Improvements prior to issuance of site or building permits. An Applicant shall file for design review at the Port for the property for which the design review is sought, with a copy delivered simultaneously to the Planning Department. Each application shall include the documents and materials necessary to determine consistency with this Section and the Design Controls, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed Buildings. If an Applicant requests a Major or Minor Modification, the application shall contain descriptive material such as narrative or supporting imagery, if appropriate, that describes how the proposed Vertical Improvement meets the intent of the SUD and Design Controls and provides architectural treatment and public benefit that are equivalent or superior to strict compliance with the Standards or Building Standards.

(2) Completeness. Port and Planning staff shall review the application for completeness and jointly advise the Applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. Completeness review by Port staff will also include a review for compliance with the requirements of the applicable Vertical DDA (or, if the Vertical DDA has not been executed at the time of application submittal, for compliance with the requirements of the form of Vertical DDA approved by the Board of Supervisors and the information provided in Developer’s applicable Appraisal Notice submitted under the DDA).

eview by Port staff will also include a review for compliance with the requirements of the applicable Vertical DDA (or, if the Vertical DDA has not been executed at the time of application submittal, for compliance with the requirements of the form of Vertical DDA approved by the Board of Supervisors and the information provided in Developer’s applicable Appraisal Notice submitted under the DDA).

(3) Staff Design Review for Buildings. Each application for Vertical Improvements shall be subject to the administrative design review process set forth in this subsection (m)(3). Upon a determination of completeness (or deemed completeness), staff shall conduct design review and prepare a joint staff report determining compliance of the Vertical Improvement with this Section 249.80 and the Design Controls, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and posted on the Department’s website for public review, within 60 days after the determination of completeness (or deemed completeness). If staff determines that the Vertical Improvement is not compliant with the Design Controls and this Section 249.80, it will notify the Applicant within the applicable 60-day period, in which case the Applicant may resubmit the application and the requirements under this subsection (m)(3) shall apply anew, except that the time for staff review shall be 30 days.

(4) Port Review for Pier 48. Port staff shall review the schematic design for Pier 48 in accordance with the timeframes and procedures set forth in this subsection (m) above or as otherwise set forth in the DDA, except that the Port will not refer the application to the Planning Department. The application will be processed by Port staff, and actions designated for the Planning Director in subsection (m) will be undertaken by the Port Director. Port staff review shall include a determination of consistency with the Design Controls and applicable mitigation measures, including compliance with Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(5) Approvals and Public Hearings for New Development.

(A) New Construction. Within 20 days after the delivery and posting of the staff report in accordance with subsection (m)(3), the Planning Director shall approve or disapprove the Vertical Improvement design and any Minor Modifications based on its compliance with this Section 249.80 and the Design Controls and the findings and recommendations of the staff report. If the Vertical Improvement is consistent with the numeric Building Standards set forth in this Section 249.80 and the Standards in Design Controls, then the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the Design Controls or the General Plan. Notwithstanding any other provisions of this Section 249.80, the

tent with the numeric Building Standards set forth in this Section 249.80 and the Standards in Design Controls, then the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the Design Controls or the General Plan. Notwithstanding any other provisions of this Section 249.80, the

Planning Director may refer an application that proposes modification to the non-numeric elements of the Design Controls to the Planning Commission, even if not otherwise classified as a Major Modification, if the Planning Director determines that the proposed modification does not meet the intent of the Standards in the Design Controls.

(B) Vertical Improvements Seeking Major Modifications. This subsection applies to Vertical Improvements seeking one or more Major Modifications and any Vertical Improvements seeking Minor Modifications that the Planning Director, in his or her sole discretion, refers as a Major Modification. Upon delivery and posting of the staff report under subsection (m)(3), the Planning Commission shall calendar the item for a public hearing within 20 days or at the next regularly scheduled Planning Commission meeting thereafter (or a special meeting, at the Planning Commission’s discretion), subject to any required noticing. The Planning Commission shall consider all comments from the public, the recommendations of the consolidated Port/Planning staff report, and the recommendations of the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major or Minor Modifications.

(C) Notice of Hearings. Notice of hearings required by subsection (m)(5)(B) above shall be provided as follows: (i) by mail not less than 20 days prior to the date of the hearing to the Vertical Improvement Applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

(ii) by posting on the subject property at least 10 days prior to the date of the hearing.

(n) Building Permit Approval. The Chief Harbor Engineer shall review each site/building permit application for consistency with the authorizations granted pursuant to this Section. The Chief Harbor Engineer shall not issue any site/building permit for work within the SUD that is inconsistent with such authorization.

(o) Change of Use. Before issuing any building permit or other permit or license, or for a permit of Occupancy that would authorize a new use, a change of use or maintenance of an existing use of any land, Building or Structure, the Chief Harbor Engineer shall refer the matter to the Planning Department for a consistency determination within 15 days of referral. If the determination is not provided within 15 days, then the submittal shall be deemed consistent.

rmit or license, or for a permit of Occupancy that would authorize a new use, a change of use or maintenance of an existing use of any land, Building or Structure, the Chief Harbor Engineer shall refer the matter to the Planning Department for a consistency determination within 15 days of referral. If the determination is not provided within 15 days, then the submittal shall be deemed consistent.

(p) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Buildings or Structures in the SUD.

(Added by Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (d), (e), (f)(5), and (j)(1)(D) amended; Ord. 63-20, Eff. 5/25/2020. CODIFICATION NOTE

1. So in Ord. 31-18.

SEC. 249.81. 1629 MARKET STREET SPECIAL USE DISTRICT.

A Special Use District entitled the 1629 Market Street Special Use District (1629 Market Street SUD, or SUD), is hereby established for the purposes set forth in this Section 249.81.

(a) Location. The 1629 Market Street SUD is generally bounded by Market Street to the north, Brady Street to the west, Chase Court to the south, and 12th Street to the east, and consists of Assessor’s Parcel Block No. 3505, Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034, and 035. Its boundaries are shown on Special Use District Map SU07 of the Zoning Map.

(b) Purpose. The purpose of the 1629 Market Street SUD is to give effect to the Development Agreement for the 1629 Market Street Project, as approved by the Board of Supervisors in the ordinance in File No. 170938. The 1629 Market Street SUD will facilitate the provision of a mixed use development in a transit-rich location with residential, retail, open space, parking, and related uses. The SUD will provide benefits to the City including: provision of on-site affordable housing units at a levels of affordability exceeding City requirements; replacement of existing Residential Hotel Units with modern, on-site units at a replacement ratio exceeding the requirements of Chapter 41 of the Administrative Code,

the Residential Hotel Unit Conversion and Demolition Ordinance; land donation, construction, and maintenance of publicly accessible open space; and improvement of Stevenson Street for pedestrian and automobile use.

(c) Controls. Applicable provisions of the Planning Code shall apply to the 1629 Market Street SUD except as otherwise provided in this Section 249.81 . In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(1) Usable Open Space.

(A) Amount Required and Phasing. The required square footage of usable open space shall be 36 square feet per dwelling unit. Open space requirements may be met at this ratio with the following types of open space: “private usable open space” as defined in Section 135(a) of this Code; and “common usable open space” as defined in Section 135(a), which may be open to the public. Usable open space has been designed on a SUD-wide basis and the requirements are expected to be met through a combination of private and common spaces associated individual buildings, as well as approximately 8,600 square feet of plaza and mid-block open space that will be developed in accordance with the Development Agreement for the project. Accordingly, compliance with open space requirements shall be evaluated at project buildout on a District-wide (as opposed to building-by-building) basis.

(B) Common usable open space that otherwise qualifies as an inner court under Section 135(g)(2) of this Code shall be exempt from the 45-degree requirements of that Section, and projections of portions of adjacent residential structures over such open space shall be considered permitted obstructions under Sections 135(g)(2) and 136 of this Code, provided that each such projection leaves at least 7 1/2 feet of headroom.

(2) Narrow Streets and Alleys. Planning Code Section 261.1(d)(1) shall not apply to the following subject frontages: the north side of Chase Court and the west side of Colusa Place; the north side of Colton Street and the east side of Colusa Place; the north side of Stevenson Street; and the east side of Brady Street. Planning Code Section 261.1(d)(2) shall not apply to the following subject frontages: the south side of Colton Street, and the south side of Stevenson Street.

(3) Affordable Housing. The following shall apply in lieu of any other inclusionary or affordable housing exactions set forth in this Code: Twelve percent (12%) of all of the residential units constructed on site shall be affordable to residents at or below 100% Area Median Income for the life of the applicable building, except for the approximately 95 to 100 residential units to be constructed on Assessor’s Parcel Block No. 3505, Lots 27 and 28, referred to as the Colton Street Building, which shall be affordable to residents at or below 60% Area Median Income for the life of the building. As a result, the project will achieve approximately twenty eight percent (28%) affordability. Notwithstanding the foregoing, Developer may satisfy all or a portion of the twelve percent inclusionary requirements through the application of affordable housing credits as set forth in the Development Agreement.

(Added by Ord. 241-17, File No. 170938, App. 12/15/2017, Eff. 1/14/2018, Oper. 1/14/2018; amended by Ord. 289-18, File No. 180892, App. 12/7/2018, Eff. 1/7/2019)

AMENDMENT HISTORY Division (c)(3) amended; Ord. 289-18, Eff. 1/7/2019.

SEC. 249.82. 430 29TH AVENUE SPECIAL USE DISTRICT.

A Special Use District entitled the 430 29th Avenue Special Use District (430 29th Avenue SUD, or SUD) is hereby established for the purposes set forth in this Section 249.82.

(a) Location. The 430 29th Avenue SUD consists of Assessor’s Parcel Block No. 1460, Lot 041. Its boundaries are shown on Special Use District Map SU04 of the Zoning Map.

(b) Purpose. The purpose of the 430 29th Avenue SUD is to facilitate the development of uses serving and supporting Social Service and Philanthropic Facilities, which may serve both the immediate neighborhood and the larger San Francisco community in an area with a mix of residential, institutional, and related uses.

(c) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall apply to the 430 29th Avenue SUD except as otherwise provided in this Section 249.82 . In the event of a conflict between other

provisions of the Planning Code and this Section 249.82 , this Section shall control.

(d) Permitted Uses.

(1) In addition to all uses that are principally permitted uses under applicable provisions of this Planning Code, the executive, management, administrative, and clerical services and support of Social Service or Philanthropic Facilities as defined in Planning Code Section 102 shall be principally permitted uses in the 430 29th Avenue SUD.

(2) The uses permitted by subsection (d)(1) shall not provide services or sales directly to the general public in the 430 29th Avenue SUD.

(3) The principal use of the structure that faces the street frontage in the 430 29th Avenue SUD shall remain Residential.

(e) Notice Requirements. Notice under Planning Code Section 311 shall not be required for review of any building permit associated with the executive, management, administrative, and clerical services and support of Social Service or Philanthropic Facilities permitted in the 430 29th Avenue SUD under subsection (d)(1) of this Section 249.82. (Added by Ord. 284-18, File No. 180776, App. 12/7/2018, Eff. 1/7/2019)

SEC. 249.84. INDIA BASIN SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the “India Basin Special Use District” (SUD) is hereby established, located generally at Innes Avenue between Griffith Street and Earl Street, along the India Basin shoreline, in the southeast part of San Francisco. The precise boundaries of the SUD are shown on Sectional Map SU09 of the Zoning Map. The purpose of this SUD is to implement the Development Agreement for the India Basin Mixed-Use Project (Project), approved by the Board of Supervisors in the ordinance in Board File No. 180680. The Project will provide several benefits to the City, such as a significant amount of open space, increased public access, commercial space, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

Agreement for the India Basin Mixed-Use Project (Project), approved by the Board of Supervisors in the ordinance in Board File No. 180680. The Project will provide several benefits to the City, such as a significant amount of open space, increased public access, commercial space, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

(b) Public Trust. Within this SUD, certain property is or will be subject to the public trust for commerce, navigation, and fisheries (the Public Trust) in accordance with a public trust exchange and title settlement agreement with the State of California. The Port of San Francisco (Port) has jurisdiction over the Public Trust property, with the right to prohibit uses that are not consistent with the Public Trust. The Port also shall issue permits for any improvements on the Public Trust property, subject to any delegation by the Port to another City agency. The Recreation and Park Department will operate and maintain the public parks and open spaces located on Public Trust property, in accordance with an agreement with the Port and in accordance with the open space covenant attached to the Development Agreement (Open Space Covenant). The Planning Commission has jurisdiction over the permitting for any development of property within the SUD that is not subject to the Public Trust.

(c) Relationship to Design Standards and Guidelines. The Design Standards and Guidelines (DSG), as may be periodically amended, are incorporated into this SUD and set forth standards and guidelines applicable within the SUD. A copy of the DSG is on file with the Planning Department and is available on its website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, the SUD shall prevail. The Planning Director may make adjustments to the DSG for areas within the Planning Commission’s jurisdiction, provided any material amendment to the DSG, as determined by the Planning Director, will be subject to the review and approval of the Planning Commission. Adjustments to the DSG for areas outside of the Planning Commission’s jurisdiction, such as adjustments to the public right-of-ways, public infrastructure, or recreational facilities within the parks, may be made by the Public Works Director, the San Francisco Public Utilities Commission General Manager, or the Recreation and Park Department General Manager, as applicable, subject to the requirements of the Development Agreement and the Open Space Covenant and following consultation with the Planning Director.

(d) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this SUD, the DSG within the control of the Planning Commission or Recreation and Park

Commission, and the Development Agreement (for so long as the Development Agreement is in effect). In the event of a conflict between other provisions of the Planning Code and the DSG or this SUD (and further subject to subsection (e) below), this SUD shall control first, followed by the DSG and the Planning Code.

(e) Relationship to the Development Agreement. This SUD shall be read and construed consistent with the Development Agreement, and all development within the Project Site shall satisfy the requirements of the Development Agreement for so long as it remains in effect for each part of the Project Site. As described in the Development Agreement, the Project is divided into Development Phases, and no development may occur within a Development Phase until after the Planning Department issues a Development Phase Approval. Upon expiration or termination of the Development Agreement for any part of the Project Site, any new development, other than replacement of what was built under the Development Agreement, shall require a conditional use approval under Section 303 of this Code.

(f) Definitions. If not expressly superseded by definitions set forth in this Section 249.84 the DSG, or the Development Agreement, all definitions, procedures, and requirements of the Planning Code shall apply to this SUD. The following definitions shall govern interpretation of this Section:

“Applicant” means the owner or authorized agent of the owner of a parcel that applies for an approval under this SUD. “Building Standards” means the standards applicable to Vertical Improvements and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (h) below and the standards identified as such in the DSG. It does not mean Building Code requirements under either the California, the San Francisco, or the Port of San Francisco Building Codes, which this SUD and the DSG do not override.

“Development Agreement” shall mean the Development Agreement By and Between the City and County of San Francisco and India Basin Investment LLC, a California limited liability company, Relative to the Development Known as India Basin Mixed-Use Project, approved by the Board of Supervisors in the ordinance in Board File No. 180681, as it may be amended from time to time.

“Development Phase” and “Development Phase Approval” have the meaning set forth in the Development Agreement.

“General Manager” means the General Manager of the Recreation and Park Department.

“Horizontal Development” or “Horizontal Improvements” means all improvements and construction required to prepare land for Vertical Improvements, including streets, right-of-ways, utility lines, and infrastructure to serve development lots, transit improvements, public parks and open spaces, bicycle paths, and shoreline improvements. Horizontal Development shall include all Public Improvements and all Privately-Owned Community Improvements, as those terms are defined in the Development Agreement.

to prepare land for Vertical Improvements, including streets, right-of-ways, utility lines, and infrastructure to serve development lots, transit improvements, public parks and open spaces, bicycle paths, and shoreline improvements. Horizontal Development shall include all Public Improvements and all Privately-Owned Community Improvements, as those terms are defined in the Development Agreement.

“India Basin DSG” or “DSG” shall mean the document adopted by Planning Commission Motion 20252, as may be amended from time to time. The DSG is incorporated into this SUD by reference.

“Major Modification” means a deviation of 10% or more from any dimensional or numerical standard in this SUD or in the DSG, except as explicitly prohibited per subsection (i) below.

“Minor Modification” means a deviation of less than 10% from any dimensional or numerical standard in this SUD or in the DSG, except as explicitly prohibited per subsection (i) below, or any deviation from any non-numerical standard in the DSG.

“Privately-Owned Community Improvement” shall mean a facility that is privately owned and privately maintained, at no cost to the City, for the public benefit, that is not dedicated to the City. The Privately-Owned Community

Improvements include certain right-of-ways, pedestrian paths and bicycle lanes, open spaces, the public market, and storm drain facilities, as more particularly described in the Development Agreement.

“Project Site” has the meaning set forth in the Development Agreement.

“Public Improvements” means the facilities, both on- and off-site, to be improved, constructed, and dedicated by Developer and, upon completion in accordance with the Development Agreement, accepted by the City. Public

Improvements include the streets within the Project Site described in the Development Agreement, and all infrastructure and public utilities within the accepted streets (such as gas, electricity, and water and sewer lines, but excluding any nonmunicipal utilities), as well as sidewalks, bicycle lanes, street furniture, paths, and intersection improvements (such as

curbs, medians, signaling, traffic controls devices, signage, and striping). Public Improvements also include the Parks and Open Spaces, the SFPUC Infrastructure, and the SFMTA Infrastructure, as those terms are defined in the Development Agreement. The Public Improvements do not include Privately-Owned Community Improvements.

“RPC Open Space” means publicly-owned areas within the SUD that are within the jurisdiction of the Port Commission or the Recreation and Park Commission, as depicted on Figure 249.84-1: RPC Open Space.

Figure 249.84-1: RPC Open Space

“Vertical Development” or “Vertical Improvements” means new construction of a building and any later expansion or addition to a previously approved building, where the building is located within the Mixed-Use, Residential Mixed-Use, Multi-Family Residential, or Public Market land use districts within the SUD shown in Figure 249.84-2: India Basin Use Districts.

Figure 249.84-2: India Basin Use Districts

(g) Uses.

(1) Permitted Uses. The following uses set forth in Table 249.84-1: India Basin Uses shall be permitted as indicated within the different use districts of the SUD, where P means Permitted Use and NP means Non-permitted Use. Table 249.84-1: India Basin Uses

12. Use not permitted with the exception of Public Facilities. 13. Use permitted with the exception of Laboratory, Life Sciences, Commercial Storage, Wholesale Sales, and Wholesale Storage. 14. Use permitted with the exception of Adult Business, Mortuary, Limited Financial Services, Motel, Self-Storage and Tobacco Paraphernalia Store. 15. Use permitted with the exception of Animal Hospital, Fringe Financial Services. 16. Use not permitted with the exception of Grocery, Food and Beverage uses. 17. Use not permitted with the exception of Internet Service Exchange, Wireless Telecommunication Services (WTS) Facility, which shall be permitted with a Conditional Use permit. 18. Use not permitted with the exception of Utility Installation.

e permitted with the exception of Animal Hospital, Fringe Financial Services. 16. Use not permitted with the exception of Grocery, Food and Beverage uses. 17. Use not permitted with the exception of Internet Service Exchange, Wireless Telecommunication Services (WTS) Facility, which shall be permitted with a Conditional Use permit. 18. Use not permitted with the exception of Utility Installation.

(2) Uses within RPC Open Space. Subject to the limitations imposed by the Public Trust, uses within RPC Open Space shall be subject to review under Planning Code section 211, which controls land uses within P (Public) Districts. Notwithstanding Planning Code Sections 211, 211.1, and 211.2, the following uses shall be considered principally permitted: concessionaire stands and infrastructure as described in the Development Agreement and the DSG.

(3) Temporary Uses. Subject to the limitations imposed by the Public Trust, any of the following temporary uses (collectively, Temporary Uses) may be authorized by the General Manager for uses located within the RPC Open Space or the Planning Director for uses located within the SUD but outside the RPC Open Space without a public hearing for a period not to exceed 90 days: booths for charitable, patriotic, or welfare purposes; markets; exhibitions, festivals, circuses, musical and theatrical performances, and other forms of live entertainment including setup/load-in and

demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; mobile food on private property; and temporary retail establishments. Such authorization may be extended for another 90 days, as approved by the General Manager or Planning Director, as applicable. The General Manager (for uses located within the RPC Open Space) or the Planning Director (for uses located outside the RPC Open Space) may authorize recurring Temporary Uses, such as a weekly farmers market, under a single authorization. All such uses on the public right-of-way are subject to permitting as required under the Municipal Code.

he General Manager or Planning Director, as applicable. The General Manager (for uses located within the RPC Open Space) or the Planning Director (for uses located outside the RPC Open Space) may authorize recurring Temporary Uses, such as a weekly farmers market, under a single authorization. All such uses on the public right-of-way are subject to permitting as required under the Municipal Code.

(4) Interim Uses. Subject to the limitations imposed by the Public Trust, interim uses for a period not to exceed five years may be authorized by the General Manager (for uses located within the RPC Open Space) or the Planning Director (for uses located outside the RPC Open Space) without a public hearing if the General Manager or Planning Director, as applicable, finds that such Interim Use will not impede orderly development consistent with this SUD, the DSG, and the Development Agreement. Additional time for such uses may be authorized upon a new application. Any Interim Use listed in this subsection (g)(4) that is integral to development under the Development Agreement, as determined by the General Manager or Planning Director, as applicable, shall not require separate authorization as an Interim or Temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this subsection (g)(4) shall not exempt the applicant from obtaining any other permit required by law. All such uses on the public right-of-way are subject to permitting as required under the Municipal Code. In addition to temporary uses integral to the development, Interim Uses shall include, but are not limited to:

(A) Retail activities, which may include the on-site assembly, production, or sale of food, beverages, and goods, the operation of restaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts;

• (B) Temporary art installations, exhibits, and sales;

• (C) Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes);

• (D) Motor vehicle and bicycle parking, if accessory to other permitted, temporary, or interim uses;

• (E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;

• (F) Educational activities, including but not limited to after-school day camp and activities;

• (G) Site management service, administrative functions, and customer amenities and associated loading;

• (H) Rental or sales offices incidental to new development;

• (I) Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating, and support facilities for patrons and operations; and

• (J) Trailers, recreational vehicles, or other temporary housing for construction workers, seasonal labor, or other workforce employment needs.

(5) Nonconforming Uses. The Planning Director and the General Manager may allow the reasonable continuance, modification, or expansion of existing uses and structures that do not comply with this Section 249.84 or the DSG upon a determination that the use would not impede the orderly development of the SUD consistent with this Section and the Development Agreement.

(6) Ground Floor Use Requirements. Ground Floor Uses are required as indicated in Table 249.84-2: Types of Ground Floor Uses and Figure 249.84-3: Ground Floor Uses, below. Such uses cannot face a public right-of-way or public open space with non-transparent walls or involve the storage of goods or vehicles at a rate greater than 15% of the required frontage length, as further governed by the Ground Floor Use Requirements in the DSG.

Table 249.84-2: Types of Ground Floor Uses

Figure 249.84-3: Ground Floor Uses

(h) Building Standards. Building Standards shall be as follows, unless modified in accordance with subsections (i)(2) or (i)(3), below.

• (1) Residential Unit Density. There shall be no residential unit density limit within this SUD.

• (2) Floor Area Ratio. There shall be no floor-area-ratio limit within this SUD.

(3) Building Height. The height limits shall be as set forth on Sectional Map HT09 of the Zoning Map and as further limited and detailed in Figure 249.84-4: Building Heights Maximum, and as further governed by the DSG. Figure 249.84-4: Building Heights Maximum

(4) Measurement of Height. Buildings shall be measured from predetermined points as provided in Figure 249.84-5: Measurement of Height and as further set forth in Chapter 5 of the DSG. Portions of the Site within the “OS” Height designations shall be subject to the same requirements and review procedures of other properties throughout San Francisco with an “OS” Height and Bulk designation.

Figure 249.84-5: Measurement of Height

(5) Bulk. No building dimension shall be greater than 270 feet along any public right-of-way or public open space. No portion of any building above 80 feet in height shall have a dimension greater than 130 feet. Buildings shall also meet the DSG requirements for building modulation and sculpting.

(6) Setbacks. Buildings shall be set back from or built to the respective right-of-ways as shown in Figure 249.84-6: Setbacks, and as further governed by the DSG.

Figure 249.84-6: Setbacks

• (7) Rear Yard. There shall be no rear yard requirement within the India Basin SUD.

(8) Usable Open Space. In addition to any publicly-accessible open spaces described in the DSG, a minimum of 36

square feet of open space if private, or 48 square feet of open space if common, shall be provided for each dwelling unit.

Such open space may be on the ground, on decks, balconies, porches, or other facilities and shall be provided on the same development block as the unit to be served. The standards for open spaces shall be governed by the DSG. Notwithstanding the above, dwelling units within “the Cove” portion of the site, as described in the Development Agreement and shown in Figure 1-38 of the DSG, are exempt from this usable open space requirement, given their immediate adjacency to “the Market Place” open space,

(9) Minimum Dwelling Unit Exposure. All required dwelling unit windows and openings as defined by Section 504: Light and Ventilation of the San Francisco Housing Code shall face directly on an open area such as a public street, laneway, parcel break, trail, or unobstructed open space, for a minimum horizontal clear dimension of 25 feet, measured perpendicularly from the required window or opening face, as further provided in the DSG.

(10) Maximum Off-Street Parking. The standards for off-street parking shall be governed by the DSG. Off-Street parking is not required and shall be limited to the following maximum ratios:

Table 249.84-3: Maximum Off-Street Parking Ratios per Land Use

Pursuant to subsection (l)(4), parking amounts may be greater on a parcel-by-parcel basis than otherwise allowed by Table 249.84-3, but not to exceed 1,800 off-street parking spaces in the SUD. Notwithstanding the maximum off-street parking ratios established in Table 249.84-3, up to 225 public parking spaces may be provided to visitors to India Basin’s parks, subject to the 1,800-parking-space cap.

(11) Loading. Off-street loading spaces shall be provided in the following amounts, and as shown in Table 249.84-4: Loading Spaces, and Figure 249.84-7: Loading Spaces, subject to modifications in accordance with Section 4.7 of the DSG.

Table 249.84-4: Loading Spaces

Figure 249.84-7: Loading Spaces

(12) Bicycle Parking. The amount of bicycle parking required shall be governed by the Planning Code, but the location and design of the required bicycle parking shall be governed by the DSG and the transportation plan attached to the Development Agreement.

(13) Showers and Lockers. Showers and lockers shall be provided pursuant to the Planning Code.

(14) Permitted Obstructions. Obstructions shall extend no more than three feet within required setbacks and right-

of-ways and no more than four feet within required setbacks greater than one foot, as further described in the DSG.

(15) Streetscape Improvements. Implementation of the Rights-of-Way Public Realm Improvements as described in the DSG shall be required pursuant to the Development Agreement.

(16) Signage. Notwithstanding the signage controls of Article 6 for business and identifying signs within NC-2 and MUG Districts, the following signage controls shall be applied within the Mixed Use, Residential Mixed-Use, and MultiFamily Residential districts of this SUD, in addition to regulation of signs in the DSG:

• (A) Freestanding signs are not permitted.

• (B) Signs shall be placed no higher than 30 feet above grade.

• (C) Identifying signs shall be no larger than 10 square feet.

• (D) There is no limitation on the area of business signs as long as they meet the controls of the DSG.

(E) Projecting signs may project no more than 50% of the sidewalk width and must be oriented perpendicular to the building face.

(17) Inclusionary Housing Requirements. For so long as the Development Agreement is in effect with respect to a portion of the Project Site, the affordable housing requirements of the Development Agreement shall govern that portion of the Project Site. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable affordable housing requirements of the Planning Code shall apply to that portion of the Project Site, without reference to the date of any earlier environmental review application.

(18) Impact Fees. For so long as the Development Agreement remains in effect with respect to a portion of the Project Site, the developer impact fees payable for any Vertical Development on that portion of the Project Site will be determined in accordance with the Development Agreement. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable developer impact fees in the Planning Code shall apply to that portion of the Project Site.

(i) Modifications to Building Standards and Ground Floor Use Requirements. Modification of the Building Standards and Ground Floor Use Requirements set forth in this SUD and as more specifically set forth in the DSG may be approved on a project-by-project basis according to the procedures set forth below.

(1) No Modifications or Variances. No modifications or variances are permitted for maximum height and maximum off-street parking ratios established in this SUD, except as provided in subsection (l)(4). Other Building Standards set forth in this SUD or in the DSG may only be modified as provided in subsections (i)(2) and (i)(3).

(2) Minor Modifications. The Planning Director may approve a Minor Modification administratively in accordance with the procedures set forth in subsection (l).

(3) Major Modifications. The Planning Commission shall hear any application for a Major Modification in accordance with the procedures set forth in subsection (l).

(j) Development Phase Approval. The Planning Department shall approve only those applications for individual building projects that are consistent with a Development Phase Approval. The Development Phase Approval process, as set forth in the Development Agreement, is to ensure that all Horizontal Improvements and Vertical Improvements within a Development Phase are consistent with the Development Agreement and this SUD. The Planning Director shall act on a Development Phase Application within 60 days after submittal of a complete Development Phase Application.

(k) Design Review and Approval. To ensure that Vertical Improvements and Privately-Owned Community Improvements meet the DSG and Development Agreement requirements, an Applicant shall submit a design review application and receive approval from the Planning Department, or the Planning Commission if required, before obtaining any permits for the applicable construction. Design review and approval for all RPC Open Spaces shall be performed by the Recreation and Park Department, with Planning Department consultation, subject to the Port’s approval for consistency with the Public Trust for any lands that are subject to the Public Trust. Standards and limitations on design review approval are set forth in the Development Agreement and in subsection (l), below. Nothing in this Section 249.84 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(l) Design Review Applications and Process.

(1) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with this SUD and the DSG, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings. If an Applicant requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed changes. Substitutions should be of equal or superior quality to existing standards.

(2) Completeness. Planning Department staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days of the date of the application.

(3) Design Review of Vertical Improvements and Privately-Owned Community Improvements. Upon a determination of completeness, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this SUD and the DSG, including a recommendation regarding any modifications sought. The staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s website for public review, within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this SUD or the DSG, the Applicant may resubmit the Application, in which case the requirements of this subsection (l) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(4) Off-Street Parking. Design review applications for Vertical Improvements shall include the requested number of off-street parking spaces sought for the Vertical Improvement. It is the intent of this SUD that at full build-out of all parcels in the SUD, the total number of off-street parking spaces within the SUD shall not exceed the applicable maximum parking ratios specified in Table 249.84-3. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively for the Vertical Improvements within the SUD as a whole, as set forth in the Development Agreement. Each application shall include both the individual request for off-street parking related to the specific location and the cumulative number of off-street parking spaces previously approved.

(5) Approvals and Public Hearings for Vertical Improvements and Privately-Owned Community Improvements.

(A) Vertical Improvements Seeking No Modifications, or Minor Modifications. Within 10 days after the

delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design and any Minor Modifications based on its compliance with this SUD, the DSG, and the General Plan. If the Vertical Improvement is consistent with the numeric standards set forth in this SUD and the DSG, the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the DSG and the General Plan. Notwithstanding any other provisions of this SUD, the Planning Director may, at his or her discretion, refer an Application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed modification does not meet the intent of the DSG standards.

e Vertical Improvement’s consistency with the non-numeric elements of the DSG and the General Plan. Notwithstanding any other provisions of this SUD, the Planning Director may, at his or her discretion, refer an Application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed modification does not meet the intent of the DSG standards.

(B) Vertical Improvements Seeking Major Modifications. If an application for Vertical Improvements seeks one or more Major Modifications, or if a design review application is otherwise referred to the Planning Commission, the Planning Commission shall calendar the item for a public hearing, subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification or the modifications referred by the Planning Director for failure to meet the DSG standards. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major Modifications.

(C) Notice of Hearings. In addition to complying with the notice requirements of the Brown Act and the Sunshine Ordinance, notice of Planning Commission hearings required by subsection (l)(5)(B) shall be provided as follows:

(i) by mail not less than 10 days prior to the date of the hearing, to the Vertical Improvement applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for

this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

(ii) by posting on the subject property not less than 10 days prior to the date of the hearing.

(m) Change of Use. Each building permit application submitted to the Department of Building Inspection for Vertical Improvements shall be forwarded to the Planning Department. The applicable department shall review the building permit application for consistency with the authorizations granted pursuant to this Section 249.84. No building permit may be issued for any Vertical Improvement or for a permit of Occupancy that would authorize a new use unless the Planning Department determines such permit is consistent with the Standards set forth in the DSG.

(n) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Building in the SUD.

(Added by Ord. 251-18, File No. 180680, App. 11/1/2018, Eff. 12/2/2018, Oper. 12/2/2018; amended by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY Table 249.84-1, Note 7 amended; Ord. 111-21, Eff. 9/4/2021.

SEC. 249.85. 1550 EVANS AVENUE SPECIAL USE DISTRICT.

(a) A Special Use District entitled the 1550 Evans Avenue Special Use District (“1550 Evans SUD” or “SUD”), consisting of Assessor’s Parcel Block 5203, Lot 035 and shown on Special Use District Map SU08 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth in subsection (b).

(b) Purposes. The purposes of the 1550 Evans SUD are to facilitate the San Francisco Public Utilities Commission’s development of the Southeast Community Center Project and to allow uses beyond the immediate plans for the Southeast Community Center in order to reflect changing community needs for a publicly owned site over time. Thus, in addition to the Southeast Community Center Project and uses otherwise allowed in the PDR-2 zoning district, the SUD will allow below market rate Residential Buildings as set forth in subsection (c).

(c) Controls. In the 1550 Evans SUD, exceptions from otherwise applicable requirements of this Code may be appropriate to further the goals set forth in this Section 249.85. Therefore, applicable provisions of the Planning Code shall apply to the 1550 Evans SUD except as otherwise provided in this Section. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(1) Principally Permitted Uses. In addition to the uses that are otherwise permitted as principal or conditional uses in the PDR-2 zoning district in which the 1550 Evans Avenue property is located, the SUD shall allow the following uses as principally permitted uses: Institutional Community Uses (including but not limited to Child Care Facilities and Public Facilities providing multi-purpose rooms, classrooms, parks and open space, and event spaces); Institutional Education Uses; Restaurants; Limited Restaurants; Arts Activities; and below market rate Residential Buildings.

(2) Residential Density. Density of residential uses in the 1550 Evans SUD shall not be limited by lot area; rather, residential density in the SUD shall be subject to the applicable requirements and restrictions set forth elsewhere in this Code, including but not limited to, height, bulk, setbacks, open space, exposure, and unit mix, as well as any applicable design guidelines and the elements and area plans of the General Plans.

(3) Accessory Parking. Parking uses in the SUD shall be exempt from the accessory parking limits set forth in Planning Code Section 151.1(c).

(4) Demolition of Industrial Buildings. The requirements set forth in Planning Code Section 202.7 (Demolition of Industrial Buildings in PDR Districts, Replacement Requirements) shall not apply in the 1550 Evans SUD. (Added by Ord. 306-18, File No. 180935, App. 12/21/2018, Eff. 1/21/2019; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (c)(3) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 249.86. 3333 CALIFORNIA STREET SPECIAL USE DISTRICT.

(a) Location. A Special Use District entitled the 3333 California Special Use District (“SUD”), the general boundaries of which are California Street to the north, Presidio Avenue to the east, Masonic Avenue to the southeast, Euclid Avenue to the south, and Laurel Street/Mayfair Drive to the west, as more specifically shown on Section Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set forth below.

(b) Purpose. The purpose of the SUD is to facilitate the development of a mixed use project in a transit-rich location with residential, non-residential, child care, open space, and related uses, and to give effect to the Development Agreement for the 3333 California Street Mixed-Use Development Project, as approved by the Board of Supervisors in the ordinance in File No. 190845. The SUD will provide benefits to the City including but not limited to: replacement of a large-scale office building with a series of smaller buildings designed to be consistent with the scale and character of the neighborhood; construction of hundreds of new housing units, including family-sized units and on-site senior housing with affordability levels exceeding on-site City requirements; an on-site child care facility; and construction and maintenance of new, publicly accessible open spaces and new connections to the surrounding street grid, including new pedestrian connections, and other street and streetscape improvements.

(c) Development Controls. Applicable provisions of the Planning Code shall apply to the SUD except as otherwise provided in this Section 249.86. In the event of a conflict between other provisions of the Planning Code and this Section, the provisions of this Section shall control.

(1) Additional Permitted Uses. In addition to the uses permitted in the RM-1 zoning district, the non-residential land use controls of the NC-S zoning district shall apply for the first and second story of all buildings with frontage on California Street, except that the following uses shall be principally permitted on such floors:

• (A) Flexible Retail Uses;

• (B) Social Service or Philanthropic Facilities; and,

• (C) Arts Activities.

• (2) Uses Not Permitted. Notwithstanding any other provision in this Code, the following uses shall not be permitted in the SUD:

• (A) Automotive Service;

• (B) Drive-Up Facility; and,

• (C) Mortuary.

(3) Notwithstanding any other provision of this Code, the following uses shall require conditional use authorization pursuant to the provisions of Section 303:

• (A) Liquor Store;

• (B) Massage, Chair/Foot; and,

• (C) Neighborhood Agriculture.

• (4) In addition to the restrictions set forth in this subsection (c), the hours of operation for commercial uses within the SUD shall be from 6:00am to 12:00am.

(5) Usable Open Space Requirements. Usable open space required under Section 135 has been designed on an SUD-wide basis. The open space requirement shall be met through a combination of private and common usable open spaces, as defined in Section 135, that will be associated with individual buildings as well as approximately 56,000 square feet of privately owned, publicly accessible parks and plazas that will be counted as common usable open space, provided such space is otherwise compliant with Section 135(g) and developed in accordance with the Development Agreement for the project, including without limitation, Schedule 1 (Community Benefits Linkages and impact Fee Schedule) thereof. The open space plan depicted below in this subsection (c)(2) generally sets forth the approximate location and size of such privately owned, publicly accessible open space. Accordingly, compliance with usable open space requirements for any building in the SUD shall be evaluated on a project-wide basis and for consistency with the terms of the Development Agreement. Upon expiration or termination of the Development Agreement, the then-applicable open space requirements

of the Planning Code shall apply to any future development, provided however, that any building which has satisfied its open space requirements in accordance with this subsection (c)(2) prior to the expiration of the Development Agreement shall be deemed to be Code-conforming as to open space requirements and shall not constitute a noncomplying structure or nonconforming use under the provisions of Article 1.7, notwithstanding the expiration of the Development Agreement. [image]

(6) Off-Street Parking. Article 1.5 of this Code shall apply to this SUD, except as follows:

(A) Child Care Facility Parking. Off-street parking spaces for any child care facility shall be permitted at a rate of 1.5 parking spaces for each nine children who could be accommodated in the child care facility under the applicable child care licensing requirements.

(B) Affordable Housing Parking. Off-street parking spaces for any building containing residential uses, all of which are 100% affordable housing units (with the exception of the manager’s unit), shall be permitted at a rate of no more than 0.5 parking spaces per unit.

(7) Inclusionary Housing. For so long as the Development Agreement is in effect, the affordable housing requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Inclusionary Affordable Housing requirements set forth in Planning Code Sections 415 et seq. , as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

ct, the affordable housing requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Inclusionary Affordable Housing requirements set forth in Planning Code Sections 415 et seq. , as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

(8) Child Care Requirements. For so long as the Development Agreement is in effect, the Child Care requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the thenapplicable Child Care requirements set forth in Planning Code Sections 414 and 414A et seq. , as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

(9) Director Determination. During the term of the Development Agreement, all site and/or building permit applications for construction of new buildings or alterations of, or additions to existing structures (“Applications”) submitted to the Department of Building Inspection shall be forwarded to the Planning Department for consistency review. For purposes of this subsection (c)(6), Applications do not include any interior modifications or alterations, provided however, that any such modification or alteration shall otherwise comply with the applicable requirements of the Planning Code. In no event may the Planning Director or Planning Commission approve an Application that is not in substantial conformance with this Section 249.86, the Development Agreement, or any conditional use authorization and planned unit development authorization.

(10) Discretionary Review. No requests for discretionary review shall be accepted or heard for projects within the SUD.

(Added by Ord. 275-19, File No. 190844, App. 11/27/2019, Eff. 12/28/2019, Oper. 12/28/2019)

SEC. 249.87. POTRERO POWER STATION SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the “Potrero Power Station Special Use District” (the SUD) is hereby established, generally bounded by 22nd Street and the southern portion of the newly created Craig Lane to the north, the San Francisco Bay to the east, 23rd Street to the south, and Illinois Street to the west, in the southeast part of San Francisco. The precise boundaries of the SUD are shown on Sectional Map SU08 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Potrero Power Station Mixed-Use Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 200040. The Project will provide several benefits to the City, such as a significant amount of publicly accessible open space and Community Facilities, increased public access to the waterfront, neighborhood-serving retail, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

Supervisors in the ordinance contained in Board File No. 200040. The Project will provide several benefits to the City, such as a significant amount of publicly accessible open space and Community Facilities, increased public access to the waterfront, neighborhood-serving retail, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

(b) Role of the Port. Within the SUD, certain open space properties are subject to the jurisdiction of the Port of San Francisco. The Developer will develop, operate and maintain the public parks and open spaces subject to the Public Trust

in accordance with a lease with the Port. A copy of the lease with the Port is on file with the Clerk of the Board of Supervisors in Board File No. 200217.

(c) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.87. If there is a conflict between other provisions of the Planning Code and this Section 249.87, this Section 249.87 shall prevail.

(d) Relationship to Design for Development. The Design for Development, adopted by the Planning Commission by Motion No. 26038 on January 30, 2020, and as may be periodically amended, sets forth design and land use standards and guidelines applicable within the SUD. A copy of the Design for Development is on file with the Clerk of the Board of Supervisors in Board File No. 200040. Any capitalized term in this Section 249.87, and not otherwise defined in this Section or elsewhere in the Planning Code shall have the meaning ascribed to it in the Design for Development. This Section, remainder of the the Planning Code, and the Design for Development shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is a conflict between the Design for Development and either this Section or the remainder of the Planning Code, this Section or the other provision of the Planning Code shall prevail. Subject to Section 249.87(c), if a later amendment to any provision of the Planning Code, including this Section 249.87, results in a conflict with the Design for Development, such amended Planning Code provision shall prevail. Amendments to the Design for Development may be made by the Planning Commission, but if there is a conflict between an amendment to the Design for Development and this Section or the remainder of the Planning Code, as applicable, this Section or other provision of the Planning Code shall prevail unless and until such time as this Section or the remainder of the Planning Code is amended to be consistent with the amendment to the Design for Development.

(e) Relationship to the Development Agreement. This Section 249.87 shall be read and construed consistent with the Development Agreement, and all development within the Project Site that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect.

(f) Definitions. For purposes of this Section 249.87, the following definitions shall apply. If not expressly superseded by definitions set forth in this subsection (f), all definitions of the Planning Code shall apply.

“Apparent Face, Maximum” means the maximum length of any unbroken plane of a given building elevation.

“Base (Podium)” means the lower portion of a midrise or highrise tower that extends vertically to a height of up to 90

feet.

“Bicycle Cage / Storage Room” means a location that provides bicycle storage within an enclosure accessible only to building residents, non-residential occupants, and employees.

“Block” means an area of land bounded by public or private Right-of-Way and/or park.

“Building” has the same meaning as “Building Project.”

“Building Project” means the construction of a building or group of buildings undertaken as a discrete project distinct from and not a part of the overall Project.

“Building Standards” means the standards applicable to Building Projects and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (h) below and the standards and guidelines identified as such in the Design for Development. It does not mean Building Code requirements under either the

California, the San Francisco, or the Port Building Codes, which this Section 249.87 and the Design for Development do not override.

“Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours.

“City” means the City and County of San Francisco.

“Community Facility” has the meaning as set forth in Planning Code Section 102 as amended from time to time, except that it also includes transit support facilities.

“Corner” means the first 30 feet extending from the intersection of two right-of-ways or a right-of-way and an open space along the Frontage of a building.

“Design for Development” means the Potrero Power Station Design for Development adopted by Planning Commission Motion No. 26038, as may be amended from time to time. The Design for Development is incorporated into this Section 249.87 by reference.

“Developer” means the California Barrel Company, LLC, a Delaware limited liability company, or its successor(s). “Development Agreement” means the Development Agreement by and between the City and the Developer, relative to the Project, approved by the Board of Supervisors by the ordinance in Board File No. 200040, as the Development Agreement may be amended from time to time.

“Floorplate” means the gross area of a given floor of a building as bounded by the exterior walls of a floor, without any exclusions or deductions otherwise permitted under the definition of Gross Floor Area.

“Frontage” means the vertical exterior face or wall of a building and its linear extent that is adjacent to or fronts on a street, right-of- way, or open space.

“Gross Floor Area” has the meaning set forth in Planning Code Section 102 for C-3 districts, except that the following exemptions from that definition shall not apply to any new construction, and shall apply only to existing buildings on the Project Site that are rehabilitated or reused as part of the Project such as Unit 3 or Station A: (1) ground floor area devoted to building or pedestrian circulation and building service, and (2) space devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of area workers and residents, not to exceed 5,000 occupied square feet per use and, in total, not to exceed 75% of the area of the ground floor of the building plus the ground level, on-site open space.

“Kiosk” means a structure that is set upon the ground and is not attached to a foundation, such as a shipping container, trailer, or similar structure, from which food service and/or retail business is conducted. A Kiosk operates in a publicly accessible open space, and remains in place until the business operation is terminated or relocated.

“Major Modification” means a deviation of 10% or more from any dimensional or numerical standard in the Planning Code, including in this Section 249.87 or in the Design for Development, except as explicitly prohibited per subsection (k) below.

“Micro-Retail” means Retail Sales and Service Uses that are 1,000 gross square feet or smaller.

“Mid-Block Alley” means a publicly-accessible alley that runs the entire length of the Block, generally located toward the middle of the subject Block, and perpendicular to the subject Frontage, and connecting to any existing streets and alleys. A Mid-Block Alley may be open to both pedestrian and vehicular traffic, and must have at least 60% of the area of the alley open to the sky.

“Mid-Block Passage” means a publicly-accessible passage that runs the entire length of the building, generally located toward the middle of the subject Block, perpendicular to the subject Frontage, or diagonal across the Block, and connecting to any existing streets and alleys. A Mid-Block Passage is accessible only to pedestrians and may be completely covered.

“Minor Modification” means a deviation of less than 10% from any dimensional or numerical standard in the Planning Code, including in this Section 249.87 or in the Design for Development, except as explicitly prohibited per subsection (k) below, or any deviation from any non-numerical standard in the Design for Development. Minor Modification also includes a deviation of greater than 10% resulting from changes to the following Planning Code sections enacted after the Effective Date of the Development Agreement: the car share parking requirements per Section 166; freight loading requirements per Section 154; bicycle parking requirements per Section 155; and shower and locker requirements of Section 155.4, if the aforementioned deviations are commensurate with avoiding (1) displacement of any required ground floor uses (including PDR) per subsection (g)(8), (2) displacement of building or mechanical service areas necessary for the operation of the building, or (3) a new obligation that would require the construction of a subsurface floor that would otherwise not be constructed.

“Privately-Owned Community Improvement” means those facilities and services that are privately-owned and privately-maintained, at no cost to the City (other than any public financing set forth in the Financing Plan, Exhibit C to the Development Agreement), for the public benefit, but not dedicated to the City. Privately-Owned Community

Improvements include certain pedestrian paths, alleys (such as Craig Lane), storm drainage facilities, open spaces, and community or recreation facilities to be built on land owned by the Developer, or on land owned by the City subject to the appropriate permits.

“Project” means the Potrero Power Station Mixed-Use Project.

“Project Site” means the approximately 29-acre site comprised of the various subareas shown on Figure 249.87-1 that is within the Special Use District.

“Projection” means a part of a building surface that extends outwards from the primary façade plane. Projections may include balconies, bay windows, and other architectural features. Projections may extend into the building Setback or the public Right-of-Way. A Projection that extends into the public right-of-way is also an Encroachment.

“Public Trust” refers to tidal and submerged lands subject to the jurisdiction of the Port and held in trust for the common use by the people for commerce, navigation, and fisheries.

“Setback” means the required or actual distance between the vertical edges of a building above a specified height, or between the vertical edge of a building and the property line. The Setback may either start at grade creating an open space between the property line and the primary built structure, or it may start above a specified height for the purpose of bulk reduction in the mass of the building. The ground area created by a Setback imposed at the ground floor level may be dedicated for public use or may be private space between the public Right-of-Way and the building mass.

tback may either start at grade creating an open space between the property line and the primary built structure, or it may start above a specified height for the purpose of bulk reduction in the mass of the building. The ground area created by a Setback imposed at the ground floor level may be dedicated for public use or may be private space between the public Right-of-Way and the building mass.

“Social Spaces” means areas that are communal and shared within a building used by building users, such as fitness rooms, workshops for hands-on projects and to conduct repairs, leasing offices, shared kitchens, resident libraries or reading rooms, community rooms, children’s playrooms and classrooms, which may also serve as general assembly rooms, communal kitchens, conference rooms, employee break rooms, and waiting areas.

“Streetwall” means a continuous façade of a building and/or buildings along a street Frontage.

“Transparent Frontage” means the condition in which glass, glazing, a window, or other building feature allows visibility into the building interior. “Transparent Frontage” does not include heavily tinted or highly mirrored glass. “Upper Building (Tower)” means the portion of a midrise or highrise tower above the Base. (g) Uses.

(1) Potrero Power Station Special Use District Zoning Designations. As shown on the Zoning Map, the Potrero Power Station Special Use District is coterminous with the Potrero Power Station Mixed Use District (PPS-MU), and the Public Trust Property zoned Public (P). This Special Use District in Section 249.87 and other Sections referenced herein establish all zoning controls for the PPS-MU district.

(2) Permitted Uses. The following Uses set forth in Table 249.87-1: Potrero Power Station Land Uses shall be permitted within the different Blocks of the SUD shown in Figure 249.87-1, where P means Permitted Use and NP means Non-permitted Use.

Figure 249.87-1 Potrero Power Station Land Use Plan

Table 249.87-1: Potrero Power Station Land Uses*

Notes:

• This Special Use District shall not become operative as to Block 13, Block 14, and a portion of Block 1, until the

occurrence of a specified condition set forth in Section 6 of the ordinance in Board File No. 200039, enacting this Section 249.87.

(1) Hospital is NP. P at basement, ground floor, and mezzanine only for majority Residential buildings; provided that Residential Care Facility and Child Care Facility are permitted on all floors.

(2) Hotel is NP.

• (3) Livery Stables are NP.

(4) Automobile Assembly, Agricultural and Beverage Processing, Arts Activities, Business Services, Catering, Light Manufacturing, Metal Working, Trade Shop, Wholesale Sales are P at the basement level, ground floor, 2nd floor, and mezzanine only. Other PDR Uses are NP.

(5) Agricultural and Beverage Processing, Light Manufacturing, Arts Activities, Business Services, Catering, Trade Shop and Wholesale Sales are P at the basement level, ground floor, 2nd floor, and mezzanine only.

(6) Public Utility Yard and Storage Yards are P.

(7) P at the basement level, ground floor, mezzanine, and 2nd floor only; on Blocks 2, 3, 11, 12, and 15, and Block 9 if Block 9 is majority non-residential, Bar, Tourist Oriented Gift Store, Specialty Grocery, Gym, Liquor Store, Limited Restaurant, Restaurant, and Retail Personal Service Uses are P on rooftops; other Retail Uses are NP on rooftops.

(8) P at the basement level, ground floor, and mezzanine only.

(9) P at the basement level, ground floor, mezzanine, and 2nd floor; on Blocks 2, 3, 11, 12, and 15, and Block 9 if Block 9 is majority non-residential, Arts Activities, General Entertainment, Nighttime Entertainment, Open Recreation Area, Outdoor Entertainment, and Passive Outdoor Recreation Uses are P on rooftops; other Entertainment, Arts, and Recreation Uses are NP on rooftops.

(10) Hotel is P. Bar, Tourist Oriented Gift Store, Specialty Grocery, Gym, Liquor Store, Limited Restaurant, Restaurant, and Retail Personal Service Uses are P on rooftops; other Retail Uses are NP on rooftops. Only one rooftop bar shall be permitted on Block 9. If building is majority Residential, P at the basement level, ground floor, mezzanine, 2nd floor and 3rd floor only.

(11) If building is majority non-residential, P on all floors and rooftop, provided that only Arts Activities, General Entertainment, Nighttime Entertainment, Open Recreation Area, Outdoor Entertainment, and Passive Outdoor Recreation Uses P on rooftops; other Entertainment, Arts, and Recreation Uses are NP on rooftops. If building is majority Residential, P at the basement level, ground floor, mezzanine, 2nd floor, and 3rd floor only.

(12) Wireless Telecommunications Services (WTS) Facility, Macro and Wireless Telecommunications Services (WTS) Facility, Micro are P.

(13) Consistent with the Phasing Plan of the Development Agreement, one or more of Blocks 2, 3, 11, 12, or 15 must be deed restricted for Life Science/Laboratory Uses.

(14) Up to one District Parking Garage is permitted but not required and may be located only on Blocks 1, 5, or 13. The maximum amount of parking that may be located in the Garage is subject to the parking maximums for the Project as built, less the amount of parking that is developed in each individual building. The maximum height of the Parking Garage shall be 90 feet. The rooftop of the District Parking Garage shall be used as a publicly accessible recreational sports field. (15) Only Carts and Kiosks permitted.

(16) Self Storage Uses are conditionally permitted.

(3) Temporary Uses. Temporary Uses are permitted consistent with Planning Code Sections 205.1 through 205.4, subject to the following:

(A) Temporary Uses listed in Section 205.1(d) may be authorized for a period of up to 180 days. Retail Sales and Service Uses as well as Entertainment, Arts, and Recreation Uses that are permitted as a principal Use pursuant to Table 249.87-1 may be authorized for a period of up to 180 days as a Temporary Use.

(B) Temporary uses listed in Section 205.3 may be authorized for a period up to 72 hours per event for up to 12 events per year.

(C) Carts may be permitted as Temporary Uses pursuant to Section 205.4.

(4) Carts and Kiosks. Any approved Carts and Kiosks shall only be permitted in the numbers reflected in Table 249.87-2, shall not block accessible paths of travel or areas for Emergency Vehicle Access, and shall have a footprint of

200 square feet or less. Kiosks are permitted in the same manner as other permanent uses. Table 249.87-2 Standards for Location of Carts and Kiosks

(5) Interim Uses. Prior to completion of the Project, certain interim uses may be authorized for a period not to exceed five years by the Planning Director, without a public hearing if the Planning Director finds that such Interim Use will not impede orderly development consistent with this Section 249.87, the Design for Development, and the Development Agreement. Any authorization granted pursuant to this subsection 249.87(g)(5) shall not exempt Applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application for the proposed Interim Use. Permitted Interim Uses shall include, but are not limited to:

• (A) Retail Sales and Services;

(B) Entertainment, Arts, and Recreation, including but not limited to temporary art installations, exhibits, and sales, recreational facilities and uses (such as play and climbing structures and outdoor fitness classes), and temporary structures to accommodate events (such as stages, seating, and support facilities for patrons and operations);

• (C) Public and Private Parking Lots, if accessory to other permitted, temporary, or interim uses;

• (D) PDR;

• (E) Educational activities, including but not limited to after-school day camp and activities;

• (F) Site management service, administrative functions, and customer amenities and associated loading;

• (G) Rental or sales offices incidental to new development; and

• (H) Trailers, recreational vehicles, or other temporary housing for construction workers, seasonal labor, or other workforce employment needs.

• (6) Outdoor Activity Areas.

• (A) Outdoor Activity Areas as defined in Section 102 are permitted.

(B) Waterfront Outdoor Food Service Areas. Permanent, semi-permanent and movable furnishings such as tables, chairs, umbrellas, heat lamps, and fire pits for eating and drinking use shall be permitted on the east side of the buildings constructed on Blocks 4 and 9. The shaded areas in Figure 249.87-2 indicate potential locations for this use. Food service areas must remain clear of the Blue Greenway at all times. Within these areas, up to 60% of the area may be reserved for exclusive use by eating and drinking establishments during business hours. This reserved area may be contiguous. The remainder of these areas shall also feature similar seating amenities, shall be open to the public and shall not require patronage of any eating and drinking establishment. Public seating should be of high quality and differentiated from reserved seating at adjacent eating and drinking establishments. Signage shall be provided to clearly indicate that public seating is open to the public without having to patronize the eating and drinking establishment. Figure 249.87-2 Waterfront Park Outdoor Food Service Areas

(7) Nonconforming Uses. Nonconforming uses and structures may be continued and are otherwise subject to Sections 181-183 and 188 of the Planning Code.

(8) Ground Floor Use Requirements. Within this SUD, only the ground floor controls contained in the SUD shall apply. Ground Floor Uses shall be consistent with Section 145.1, subject to the following:

(A) Active Uses: Consistent with subsection (g)(8)(C), only the following Uses shall be considered an active uses: Retail Sales and Service Use; PDR Use; Institutional Use; Entertainment, Arts, and Recreation Use; Non-Retail Sales and Service Use; and Residential Use; and Lobbies up to 40 feet in width or 25% of building frontage, whichever is larger. With the exception of space for parking and loading access, building egress, and access to mechanical systems, space for active uses must be provided within the first 25 feet of building depth on the ground floor for 100% of the shaded Active Use, Priority Retail, and Priority PDR Frontage zones identified in Figure 249.87-3, unless specified otherwise in subsection (g)(8)(C).

(B) Active Uses for Active Lane Frontages. In addition to the active uses permitted under subsection (g)(8)(A), the following shall be considered an active use for areas shown as Active Lane Frontages in Figure 249.87-3: building insets of at least 4 feet in depth at the ground floor for pedestrian amenities, including permanent, semi-permanent, and movable furnishings such as tables, chairs, umbrellas; and Public Art, such as a wall mural, at least 15 feet in height measured from ground level.

(C) Active Use Requirements:

(i) Non-Retail Sales and Service Use and any accessory mail rooms and bicycle storage rooms that have direct access to the street or lobby space (whether accessory to Residential, Office or any other use) may collectively occupy up to a maximum of 50% of the building Frontage.

(ii) Non-Retail Sales and Service Use and Institutional Use shall provide Social Spaces (as defined in this Section 249.87).

(iii) Dwelling Units shall have direct access to a street or public open space.

(iv) Micro-Retail Uses shall be provided within the first 10 feet of building depth.

(v) Social Spaces, including those provided pursuant to subsection (g)(C)(ii)1 shall be provided within the first 15 feet of building depth, at the front of the space, and oriented toward the street.

(vi) Within Priority Retail Frontage zones, a minimum of 50% of the active uses shall be Retail Sales and Service Uses to a depth of 40 feet.

(vii) Within Priority PDR Frontage zones, a minimum of 75% of the active uses shall be PDR Uses to a depth of 40 feet, except that if Childcare and/or Community Facilities are provided within the subject Priority PDR Frontage(s), then a minimum of 50% of the active uses shall be limited to PDR uses.

(viii) Within Active Lane Frontages, a minimum of 20% of the Frontage shall contain Active Uses for Active Lane Frontages as described in subsection (g)(8)(B) of this SUD.

(ix) Within Active Corners, as shown in Figure 249.87-3, only the following active uses are permitted for a minimum of 30 feet of the Frontage from each corner: (1) Retail Sales, and Service Use; (2) Entertainment, Arts, and Recreation Use; and (3) Community Facility Use.

Figure 249.87-3: Ground Floor Uses

(h) Building Standards. Building Standards shall be as follows, unless modified in accordance with subsection (k) below.

(1) Dwelling Unit Density. There shall be no residential density limit or maximum floor area ratio within the SUD.

(2) Required Residential Dwelling Unit Mix.

(A) No less than 30% of the total number of proposed dwelling units in each building or phase in a Development Phase Approval shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units.

(B) No less than 10% of the total number of proposed dwelling units in each building or phase in a Development Phase Approval shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (A) above.

(C) The dwelling unit mix requirement in this subsection (h)(2) shall not apply to buildings for which 100% of the Residential Uses are: Group Housing, Dwelling Units that are restricted to a maximum sales or rental price that is

affordable to households earning 150% of Area Median Income or less for Owned Units and 130% of Area Median Income for Rental Units, Single Room Occupancy (SRO) Units, Student Housing, or housing specifically and permanently designated for seniors or persons with physical disabilities, including units to be occupied by staff serving any of the foregoing Residential Uses.

• (3) Building Height Limits.

(A) Measurement of Height. Building heights are to be measured from the highest point of finished grade along the property line of the parcel on which the building is located, up to the highest point of the uppermost structural slab in the case of a flat roof; or up to the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form.

(B) Maximum Building Height. For purposes of the SUD, the height limits shall be as set forth in Section Map HT08 of the Zoning Map and as further limited and detailed in Figure 249.87-4: Building Height Maximums, and as further governed by this Section 249.87. The following rooftop elements may project above given height limits without regard to horizontal area with the condition that:

(i) On rooftops between 45 feet and 100 feet in height, rooftop elements greater than four feet in height must be set back at a minimum ratio of 1.2 feet in a horizontal dimension from the roof edge for every one foot that they exceed the maximum height limit;

(ii) On Upper Building rooftops, mechanical features must be screened or enclosed;

(iii) Enclosed structures designed for human occupancy may not exceed 25% of the total roof area of a building (including roof areas of the same building at different elevations);

(iv) The sum of the horizontal areas of the following rooftop elements may not exceed 40% of the total horizontal area of the roof of the building, and may project for the number of feet above the permitted height limit as follows:

a. Elevator, stair and mechanical penthouses, and other mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, such as chimneys, ventilators, plumbing vent stacks, and/or cooling towers together with visual screening for any such features, all up to 20 feet in height. Elevators, stair and mechanical penthouses may exceed 20 feet in height as required by the California Code of Regulations.

b. On the roof of majority Residential buildings, structures related to the recreational use of the rooftop (e.g. greenhouses, sheds for the storage of furniture or equipment, hot tub enclosures, changing rooms, etc.) up to 16 feet in height.

c. On the roof of majority non-residential buildings, Retail structures up to 16 feet in height containing one or more of the uses permitted in Table 249.87-1. Any enclosed space for these uses shall not exceed 5,000 square feet of Gross Floor Area and, other than on Block 9, shall be accompanied by one square foot of Publicly Accessible Open Space for each square foot of Gross Floor Area.

d. Enclosed restrooms up to 10 feet in height.

(v) On buildings that contain majority Laboratory Use, mechanical features necessary to building operations related to Laboratory facilities may exceed 40% of the horizontal area of the roof provided they do not contain space for human occupancy;

(vi) The following rooftop elements may project above given height limits without regard to horizontal area:

a. Non-occupied architectural features, including non-permeable wind screens, up to 10 feet in height on buildings between 45 and 100 feet (with a minimum Setback of five feet from the roof edge) and up to 20 feet on Upper Buildings above the maximum permitted building height, except on Block 7, where these features may extend up to 10% vertically above the maximum permitted building height;

b. Unenclosed structures related to unroofed publicly accessible recreation facilities, such as sports fields and swimming pools, including lighting required for the nighttime enjoyment of rooftop fields, all up to 60 feet in height, and/or fencing, goal boxes and other sports equipment, netting or other semi-transparent enclosure necessary for the safe enjoyment of unroofed recreation facilities, all up to 30 feet in height;

c. Furniture and other unenclosed features intended to allow for the habitable use of the rooftop, including, but not limited to tables, chairs, umbrellas, lighting, canopies, lattices, sunshades, and trellises, all up to a height of 10 feet;

• d. Photovoltaic panels;

• e. Equipment and appurtenances necessary to Living Roofs as defined in Planning Code Section 149;

• f. Wireless Telecommunications Services Facilities and other antennas, dished[1] and towers and related screening elements;

• g. Landscaping features, with a maximum height of 48 inches for planters or other non-plant materials;

• h. Trees and plants;

• i. Decking, up to three feet in height;

• j. Flagpoles and flags;

k. Cranes, scaffolding and batch plants erected temporarily at active construction sites; and

• l. Railings, parapets and catwalks, up to four feet in height.

• (vii) Permitted above-grade pedestrian connections for Turbine Plaza.

(C) Height of Existing Structures. The existing heights for Unit 3 (131 feet) and the Stack (300 feet) are permitted. In the event that the Stack collapses or is otherwise damaged beyond repair, permitted heights shall be those applicable to open space. Should Unit 3 be demolished, the height limit for Block 9 shall be 125/85 feet, as set forth on Sectional Map HT08 of the Zoning Map and as further limited and detailed in Figure 249.87-4. Figure 249.87-4: Building Heights Maximum

(4) Bulk. The following bulk controls, summarized in Table 249.87-3, apply only to building heights greater than 145 feet: the Upper Buildings of the midrise towers on Block 1, and the highrise towers on Blocks 5 and 7. For purposes of this subsection a midrise tower is a building between 146 and 180 feet in height and a highrise tower is a building between 181 and 240 feet in height. Unless otherwise stated, these controls do not apply to Block 15 with or without Station A.

(A) The maximum average Floorplate of the Upper Building is defined as the sum of the area of all of the Floorplates of the Upper Building, divided by the number of floors in the Upper Building.

(B) The Maximum Plan Dimension of an Upper Building is the greatest plan dimension parallel to the longest side of the building at any given level of the Upper Building. The Maximum Diagonal Dimension of an Upper Building is the greatest horizontal distance between two opposing points at any level of the Upper Building. Maximum Plan and Maximum Diagonal Dimension do not apply to balconies, cornices, decorative Projections, unenclosed building elements, or other unenclosed obstructions permitted by Planning Code Section 136.

(C) The Maximum Apparent Face shall be a maximum of 120 feet of the Upper Building. The Maximum Apparent Face shall be offset with a change in plane of at least five feet in depth. This change in plane must be accompanied by a change in height of the roof form (which may be a reduction or increase in the height of the roof screen) of at least five feet and/or a change in material. The required change in plane may occur by curving the face of the building.

(D) For buildings with curved façades, on those portions of the façade that are curved, the Maximum Apparent Face shall be measured as the plan dimension between the end points of each arc. If the building is a circle or ellipse, the Maximum Apparent Face shall be measured as the longest diameter of the circle or ellipse.

(E) For Block 15 without Station A, the building above the 65-foot setback shall achieve a 15% average reduction in square footage for all floors. The reduction shall apply relative to a baseline floorplate of 47,089 square feet (i.e. the footprint of Station A) for construction up to 145 feet and a baseline floorplate of 24,955 square feet for construction between 145 feet and 160 feet.

(F) Sculpting of Vertical Addition to Station A on Block 15. New construction of a vertical addition to Station A on Block 15 is subject to the building height maximums for Block 15 shown on Figure 249.87-4, and shall achieve a 15% reduction in overall exterior volume for all mass above the existing Station A walls. The reduction shall apply relative to a baseline floorplate of 47,089 square feet (i.e. the footprint of Station A) for construction up to a height of 145 feet, and a baseline floorplate of 24,955 square feet for construction between 145 feet and 160 feet in height.

(i) Assuming the existing Station A walls are an average of 65 feet in height, the overall volume allowed above shall be calculated as follows:

(ii) The 15% reduction may be achieved by providing setbacks, a Vertical Hyphen, or a combination of these or other sculpting strategies. Where a Vertical Hyphen is utilized as a design element, it shall be at least 10 feet in depth and at least one story in height beginning at the height of the cornice of the existing walls of Station A.

(iii) A project applicant may request and the Planning Director may grant a waiver from the 15% reduction requirement if the Planning Director determines that new construction on Block 15 above the height of the Station A walls demonstrates superior design quality consistent with the provisions of this Section 249.87 and with the following sculpting purposes:

a. Differentiation in mass from the existing Station A structure below;

b. Reduction in mass to ensure that development on Block 15 does not overwhelm adjacent open spaces and sensitively responds to its immediate context, including adjacent structures, streets, open spaces, and to the existing walls of Station A itself, and;

c. Sculpting of the mass with an architectural expression that distinguishes Block 15 as a high-quality, character-defining element of the site’s urban design.

(iv) Projections in new construction above the existing Station A walls are permitted per Planning Code Section 136 for Streets, Alleys, and Useable Open Space, except that such projections shall be measured from the outer face of the existing Station A wall that faces a street, alley, or open space.

(v) To allow for the possibility of a design response that results in a superior design consistent with the provisions of this Section 249.87, particularly Section 249.87(h)(4)(F)(iii), the Planning Director may approve projections on the eastern wall of Station A (facing Louisiana Paseo and Power Station Park) that deviate from Planning Code Section 136 provided that no projection extends farther than 10 feet beyond the outer face of the existing Station A walls, and projections are limited to no more than 25% of the square footage of the building face above the existing Station A walls. Table 249.87-3: Summary of Bulk Controls and Separation Requirements

(5) Upper Building Separation. The applicable Upper Building separation requirements shall be as set forth in Table 249.87-3. Separation shall be measured horizontally from the building face of the subject Upper Building to the nearest building face of the closest Upper Building, exclusive of permitted obstructions pursuant to Planning Code Section 136 .

(6) Streetwalls. New buildings must provide a Streetwall for at least 65% of each Frontage from sidewalk grade to the required maximum Streetwall height as established in Figure 249.87-5. The Streetwall requirements of this subsection do not apply to the following:

(A) Existing buildings on the Project Site that are rehabilitated or reused as part of the Project (such as Unit 3 or Station A), including additions to such existing buildings;

(B) Pocket parks that extend at least 10 feet horizontally inward from the property line; or

(C) The Frontage of any new building facing Waterfront Park (including Humboldt Street Plaza), Power Station Park, or Louisiana Paseo, provided that deviations from the minimum 65% standard shall contribute to differentiated architecture.

(7) Setbacks. All building mass shall be set back from the building’s Streetwall above a certain height, as summarized in Figure 249.87-5 and further regulated below.

(A) Setbacks are not required along Mid-Block Alleys, except that, on Frontages facing the Mid-Block Alley on Block 13, buildings shall be set back at least 10 feet from the Streetwall at a height of 70 feet.

(B) The Setback requirements do not apply to the highrise tower on Block 7. Instead the highrise tower must be set back at least 15 feet in the horizontal dimension for at least 60% of the Upper Building’s Frontages along Humboldt Street or Louisiana Paseo.

(C) Setbacks are not required for the District Parking Garage.

(D) If the eastern wall of Station A is not retained, at least 60% of the eastern façade of Block 15 framed by the southern façade of Block 7 and the northern façade of Block 11 should include a volumetric projection of approximately 10 feet in plan from the primary façade of the building and that is at least 5 stories. The projection must provide a pedestrian passage way between Louisiana Paseo and Georgia Lane that is no less than 20 feet wide and 30 feet tall. If the projection reaches the ground floor, it must be permeable and open to pedestrians. Any building constructed within the Mid-Block Alley on Block 15 without Station A shall be set back at least five feet from the eastern and western faces of the building.

Figure 249.87-5: Setbacks

(8) Rear Yard. There shall be no rear yard requirement within the Potrero Power Station Special Use District.

(9) Usable Open Space. Usable open space shall be required for Residential Uses as follows: For each dwelling unit there shall be: (i) a minimum of 36 square feet of open space if private, or (ii) 48 square feet of open space if common. For Group Housing or Single Room Occupancy units, the minimum open space requirements shall be one-third the amount specified in this subsection for a dwelling unit. Required open space shall be on the same development block as the units it serves. To count as usable open space, the area credited on a deck, balcony, porch, or roof must either face a street, or face or be within an open area per Subsection 249.87(h)(10).

gle Room Occupancy units, the minimum open space requirements shall be one-third the amount specified in this subsection for a dwelling unit. Required open space shall be on the same development block as the units it serves. To count as usable open space, the area credited on a deck, balcony, porch, or roof must either face a street, or face or be within an open area per Subsection 249.87(h)(10).

(A) Common Open Space. All common open space shall have a minimum 10 feet in every horizontal dimension and be unobstructed and open to the sky, except for obstructions permitted under Planning Code Section 136 . Mid-Block Alleys may count as common open space provided that the Alley does not allow vehicular access. Common Open Space may be publicly accessible.

(B) Private Open Space. Private open space shall have a minimum dimension of six feet in every horizontal dimension. Private open space shall be directly accessible from the dwelling unit it serves.

(10) Minimum Dwelling Unit Exposure. All dwelling units shall face onto a public or private right- of-way, or onto an open area, defined as:

(A) A public street, publicly accessible alley, or Mid-Block Passage (public or private) at least 20 feet in width that is unobstructed and at least 60% open to the sky;

(B) An outer court or terrace that is open to a public street, public alley, Mid-Block Alley (public or private), or public open space and at least 25 feet in width;

(C) An inner court which is unobstructed (except for obstructions permitted in Planning Code sections 136(c)(14), (15), (16), (19), and (20)) and is no less than 40 feet in one horizontal dimension and 25 feet in the other horizontal dimension at the lowest two floors which have dwelling units facing onto the inner court. The horizontal dimension that is at least 25 feet shall increase five feet at each subsequent floor;

(D) For below grade units, an open space at the same grade as the units, that is no less than 7.5 feet wide in every horizontal dimension, at least 136 square feet in area, and 60% open to the sky. Such open spaces shall face onto a street, alley or open space. Below grade units shall be maximum 6 feet below the grade of the street, alley or public open space.

(11) Ground Floor Design.

(A) Ground Floor Height. All non-residential ground floor spaces shall have a minimum floor-to-floor height of 15 feet as measured from grade. At least 30% of the cumulative PDR space pursuant to Figure 249.87-3 shall contain floor-to- floor heights of 17 feet.

(B) Awnings and Canopies. Awnings and canopies must be at least eight feet above sidewalk grade. Awnings that are more than 100 feet in length must be at least 15 feet above sidewalk grade. Awnings or canopies that are between eight and 15 feet above sidewalk grade may project up to 10 feet beyond the building facade (including into the public right of way). Awnings or canopies that are higher than 15 feet above sidewalk grade may project up to 15 feet beyond the building facade (including into the public right of way). In no instance shall any awning or canopy project beyond the width of the sidewalk they cover. Awnings and canopies shall be designed so as not to interfere with street tree canopy.

(C) Transparent Frontages. Portions of frontages that contain active uses per section 249.87(g)(8), other than Residential Units or PDR Uses, shall be fenestrated with transparent windows and doorways for not less than 60% of the street frontage at between two feet and 12 feet vertical above grade, and must allow visibility of at least four feet in depth inside of the building. PDR frontages shall be fenestrated with transparent windows or doors for no less than 50% of the street frontage from sidewalk grade up to 12 feet vertical above grade, and must allow visibility of at least four feet in depth inside of the building. The use of dark, mirrored, or opaque glass shall not count toward the required transparent area. Ground-floor transparent frontage standards shall not apply to historic or adaptively-reused buildings.

(12) Maximum Off-Street Parking. The location and design standards for off-street automobile parking shall be governed by the Design for Development. Off-Street parking is not required and shall be limited to the following maximum ratios:

Table 249.87-4: Maximum Off-Street Parking Ratios per Land Use*

(13) Signage. All signs shall be defined as described by Article 6 of the San Francisco Planning Code. The provisions of Section 607.2 (“Mixed-Use Districts”) of the San Francisco Planning Code applicable to Urban Mixed Use (“UMU”)

Districts shall apply such that a sign that is permitted or prohibited in a UMU District shall likewise be permitted or prohibited in the Potrero Power Station SUD. All signs shall be defined as described by Article 6 of the San Francisco Planning Code. Provided further that:

• (A) Concealed Electrical Signage Elements. All electrical signage elements such as wires, exposed conduits, junction boxes, transformers, ballasts, switches, and panel boxes shall be concealed from view.

(B) Portable Signage. Portable signs, such as sandwich boards and valet parking signs, are permitted and limited to one per business. All portable signage shall be located within frontage or furnishing zones on sidewalks, or within open spaces fronting the businesses.

• (C) Temporary Sale or Lease Signs. No permit shall be required for temporary Sale or Lease Signs. Such signs are permitted only when all of the following criteria are met:

• (i) No more than two such signs are permitted at any one time on any building;

• (ii) The area of each sign is no larger than 40 square feet;

• (iii) The height of each sign is no higher than 10 feet;

• (iv) The sign is a wall sign or a window sign;

• (v) The sign is not directly illuminated;

• (vi) The sign indicates the availability of a particular space within the building on or in which the sign is placed; and

• (vii) The sign directs attention to a space which is available for immediate sale or lease.

(D) Signage Along the Waterfront and Power Station Park. Signage for buildings fronting Power Station Park or the Bay Trail (including the eastern Frontage of Blocks 4, 9, 12 and a portion of 15 directly facing Power Station Park; northern Frontage of Blocks 11 and 12; and Southern Frontage of Blocks 7 and 8 shall:

• (i) Be 50 square feet or less and its highest point may not reach a height greater than 35 feet;

(ii) Consist only of indirect illumination, pursuant to Section 602 of this Code, including but not limited to halostyle lighting.

• (14) Mid-Block Alleys and Mid-Block Passages.

• (A) Mid-Block Alleys. There shall be a Mid-Block Alley on Block 13. Any Mid-Block Alley shall:

• (i) Be located as close to the middle portion of the subject block as possible, and connect to existing adjacent streets and alleys;

(ii) Have a minimum width of 20 feet at all points, exclusive of those obstructions allowed within Setbacks pursuant to San Francisco Planning Code Section 136;

(iii) Provide public pedestrian access with dual sidewalks each of not less than six feet in width with not less than four feet minimum clear walking width, unless the alley is designed as a shared street;

(iv) Have at least 60% of the area of the Alley open to the sky. Obstructions permitted within Setbacks pursuant to Planning Code Section 136 may be located within the portion of the alley or pathway that is required to be open to the sky. All portions of the Alley not open to the sky shall have a minimum clearance height from grade of 15 feet at all points;

• (v) Provide such ingress and egress as will make the area easily accessible to the general public;

• (vi) Have appropriate paving, furniture, and other amenities that encourage pedestrian use;

(vii) Be landscaped;

(viii) Have sufficient pedestrian lighting to ensure pedestrian comfort and safety;

(ix) Be free of any changes in grade or steps not required by the underlying natural topography and average grade; and

• (x) Be fronted by Active Lane Uses.

• (B) Mid-Block Passage. There shall be a Mid-Block Passage on Block 15. The Mid-Block Passage shall:

(i) Be located as close to the middle portion of the subject block as possible, connect to existing adjacent streets and alleys, and can be either perpendicular to the subject Frontage or diagonal across the Block;

(ii) Provide publicly accessible east-west access through the entire depth of Block 15 on the ground floor with at least 20 feet of continuous clear width and 15 feet of continuous clear height; and may be completely enclosed to facilitate preservation of the existing Station A walls; and shall be pedestrian only. If Station A is damaged such that 30% or less of the eastern wall remains, a Mid-Block Alley shall be provided pursuant to the standards set forth in subsection (h)(14)(A), except that the pathway shall be pedestrian only, and if the pathway is enclosed it shall have a continuous clear height of 30 feet.

(C) Relationship to Open Space Requirements. Any non-vehicular portions of such a Passage or Alley, including sidewalks or other walking areas, seating areas, or landscaping, are permitted to count toward any open space requirements that include or require publicly accessible open space on the same block where the Passage or Alley is located.

(i) Compliance with Article 4 of the Planning Code.

(A)[1] Inclusionary Housing Requirements. Proposed Building Projects in areas of the Special Use District that are subject to a Development Agreement shall comply with the affordable housing requirements of the Development Agreement. Proposed Building Projects in areas of the Special Use District that are not subject to a Development Agreement shall comply with the affordable housing requirements as set forth in Section 415.1 et seq. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site not yet permitted for construction, the then-applicable affordable housing requirements of the Planning Code shall apply to that portion of the Project Site, without reference to the date of any earlier environmental evaluation or development application.

(B)[1] Other Impact Fees. For so long as the Development Agreement remains in effect with respect to a portion of the Project Site, the developer impact fees payable for any Vertical Development on that portion of the Project Site will be determined in accordance with the Development Agreement. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable developer impact fees in the Planning Code shall apply to that portion of the Project Site.

the Project Site, the developer impact fees payable for any Vertical Development on that portion of the Project Site will be determined in accordance with the Development Agreement. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable developer impact fees in the Planning Code shall apply to that portion of the Project Site.

(j) Relationship to State or Local Density Bonus Programs. In exchange for the benefits expressed in the Development Agreement and this Section 249.87, and as set forth in the Development Agreement, any Building Projects within the SUD shall not be eligible for additional density or modifications to development standards allowed in any state or local law allowing additional density or modifications to development in exchange for on-site affordable housing, including but not limited to the State Density Bonus Law (California Government Code §65915 et seq ), the Affordable Housing Bonus Program (Planning Code section 206 et seq. ), and Planning Code Sections 207. 1

(k) Modifications to Building Standards and Use Requirements.

(1) No Modifications or Variances. No variances, exceptions, modifications or other deviations from the requirements and standards of the Planning Code, including this SUD, and of the Design for Development are permitted except through the procedures for granting of Minor and Major Modifications established in this SUD. No modifications or variances are permitted for permitted Uses (with the exception of numerical standards related to Ground Floor Uses), maximum building height, or maximum automobile parking spaces.

(2) Modification of Other Building Standards and Use Requirements. A dimensional or numerical standard for Building Standards and Ground Floor Use Requirements may only be modified as provided in subsections (k)(3) and (k) (4), on a project-by-project basis. In order to grant a modification, the Director or Commission must find that the proposed modification achieves equal or superior design quality and public benefit as strict compliance with the applicable standard and meets the intent of the SUD and the Design for Development.

(3) Minor Modifications. The Planning Director may approve a Minor Modification administratively in accordance with the procedures set forth in subsection (n).

(4) Major Modifications. The Planning Commission may approve any application for a Major Modification in accordance with the procedures set forth in subsection (n).

(l) Development Phase Approval. Consistent with the Development Agreement, the Developer shall submit Development Phase Plan to the Planning Director for approval, and no development may be approved within a Development Phase until after the Planning Director issues a Development Phase Approval. The Development Phase Approval process, as set forth in the Development Agreement, is to ensure that all Community Improvements and Building Projects within a Development Phase are consistent with the Development Agreement and this SUD. Planning shall review Development Phase Applications within 30 days of receipt in order to determine completeness. If the Planning Director fails to respond within such 30-day period, the Development Phase Application will be deemed complete. The Planning Director shall act on a Development Phase Application within 60 days after submittal of a complete Development Phase Application. Changes proposed by the Planning Department will be reasonably considered by Developer, and changes proposed by Developer will be reasonably considered by the Planning Department. If there are no objections, or upon resolution of any differences, the Planning Director shall approve the Development Phase Application with such revisions, comments, or requirements as may be permitted in accordance with the terms of the Development Agreement and the Phasing Plan.

(m) Design Review and Approval. The Planning Department shall approve only those applications for individual Building Projects that are consistent with a Development Phase Approval. To ensure that Buildings and Privately-Owned Community Improvements meet the requirements of the Planning Code, including this Section 249.87, and the Design for Development, an Applicant shall submit a Design Review Application and receive approval from the Planning Director, or the Planning Commission if required, before obtaining any permits for the applicable construction. Standards and limitations on design review approval are set forth in subsection (n), below. Nothing in this Section 249.87 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(n) Design Review Applications and Process.

(1) Applications. Each Design Review Application shall include the documents and other materials necessary to determine consistency with the Planning Code, including this Section 249.87, and the Design for Development, including site plans, floor plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings. If an Applicant requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, and to the satisfaction of the Planning Director, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s).

ior material samples to illustrate the overall concept design of the proposed buildings. If an Applicant requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, and to the satisfaction of the Planning Director, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s).

(2) Completeness. Planning Department staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days of the date of the application.

(3) Design Review of Buildings and Privately-Owned Community Improvements.

(A) Building Pre-Application Meeting. Prior to submittal of a Design Review Application, the Applicant shall conduct a minimum of one pre-application public meeting. The meeting shall be conducted at, or within a one-mile radius of, the Project Site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation. A Planning Department representative shall be invited to such meeting.

(B) Parks and Open Space Outreach. Prior to the Planning Department’s approval of any Design Review Application for any parks or open space within the Power Station park system, the Applicant shall conduct a minimum of two community meetings; additional meetings may be required at the discretion of the Planning Director. The meetings shall be conducted at, or within a one-mile radius of, the Project Site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation. A Planning Department representative shall be invited to such meetings.

(C) Design Review Process. Following submittal of the Design Review Application, upon a determination of completeness, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this Section 249.87, the Planning Code, and the Design for Development, including a recommendation regarding any modifications sought. The staff report shall be delivered to the Applicant and any third parties requesting notice in writing,

shall be kept on file, and shall be posted on the Department’s website for public review, within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this Section 249.87, the Planning Code, or the Design for Development, the Applicant may resubmit the Application, in which case the requirements of this subsection (n) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

f Planning Department staff determines that the design is not compliant with this Section 249.87, the Planning Code, or the Design for Development, the Applicant may resubmit the Application, in which case the requirements of this subsection (n) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(4) Off-Street Parking. Design Review Applications for Buildings shall include the requested number of off-street parking spaces sought for the Building. It is the intent of Section 249.87 that at full build-out of all Parcels in the SUD, the total number of off-street parking spaces within the SUD shall not exceed the applicable maximum parking ratios specified in Table 249.87-4. The maximum parking ratios shall not apply to individual Buildings or Parcels, but shall be considered cumulatively for the Buildings within the SUD as a whole, as set forth in the Development Agreement. In the event an individual Building results in parking that exceeds the applicable maximum parking ratios for the then cumulative development on the Project Site, the excess parking shall not be put into operation and shall be excluded from the available parking supply until such time as additional development within the Project Site occurs and the then applicable maximum parking ratios no longer are exceeded. Each application shall include both the individual request for off-street parking related to the specific location and the cumulative number of off-street parking spaces previously approved.

(5) Approvals and Public Hearings for Buildings and Privately-Owned Community Improvements.

(A) Buildings and Privately-Owned Community Improvements Seeking No Modifications. Within 10 days after the delivery and posting of the staff report on the Design Review Application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249.87, the Design for Development, and the General Plan. If the Design Review Application is consistent with the numeric standards set forth in this Section 249.87 and the Design for Development, the Planning Director’s discretion to approve or disapprove the Design Review Application shall be limited to the Application’s consistency with the non-numeric elements of the Design for Development and the General Plan. Prior to approval of a Design Review Application for any building and/or Privately-Owned Community Improvement that is 200 feet or more in height, or for the rehabilitation and development of Station A on Block 15 or of Unit 3 on Block 9, the Planning Director shall refer the Design Review Application to the Planning Commission for an informational hearing. Such informational hearing shall consider any pedestrian bridge proposed for attachment to Station A, regardless of whether such bridge is initially proposed as part of the Station A building or an adjacent building that proposes a bridge that would ultimately connect to Station A. In accordance with San Francisco Administrative Code Section 71.5, any Mills Act contract would also require approval by the Historic Preservation Commission.

(B) Buildings and Privately-Owned Community Improvements Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the Design Review Application including a Minor Modification, the Planning Director, shall approve or disapprove any Minor Modification based on its compliance with the Planning Code, including this Section 249.87, the Design for Development, and the General Plan. Notwithstanding any other provisions of this Section 249.87, the Planning Director may, at his or her discretion, refer any Application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed Modification does not meet the intent of the Design for Development or the SUD.

(C) Buildings and Privately-Owned Community Improvements Seeking Minor or Major Modifications. If an application for Design Review seeks one or more Major Modifications, or if a Design Review Application that proposed a Minor Modification is otherwise referred to the Planning Commission, the Planning Commission shall calendar the item for a public hearing, subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification or the modifications referred by the Planning Director for failure to meet the Design for Development standards. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the Design Review Application, including the granting of any Major Modifications.

d Major Modification or the modifications referred by the Planning Director for failure to meet the Design for Development standards. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the Design Review Application, including the granting of any Major Modifications.

(D) Notice of Hearings. In addition to complying with the notice requirements of the Brown Act and the Sunshine Ordinance, notice of Planning Commission hearings shall be provided as follows:

(i) by mail not less than 20 days prior to the date of the hearing, to the Applicant, to residents within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

(ii) by posting on the subject property not less than 10 days prior to the date of the hearing.

(o) Building Permits. Each building permit application submitted to the Department of Building Inspection for Buildings shall be forwarded to the Planning Department. The applicable department shall review the building permit application for consistency with the authorizations granted pursuant to this Section 249.87. For improvements to be built upon Port property, the Chief Harbor Engineer shall review all permit applications on behalf of the Port.

(p) Change of Use. No building permit may be issued for any building and/or Privately-Owned Community Improvement or for a Certificate of Occupancy or Certificate of Temporary Occupancy that would authorize a new use unless the Planning Department determines such permit or Certificate is consistent with the controls in this Section 249.87. Upon expiration or termination of the Development Agreement, any new development, other than replacement of what was built under the Development Agreement, shall require a conditional use approval under Section 303 of this Code.

(q) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Building in the SUD.

(r) Waiver of Planning Code Section 138.1. The streetscape design set forth in the Design for Development attached to the Development Agreement shall set forth sufficient standards for pedestrian and streetscape improvements for so long as the Development Agreement remains in effect.

(s) Compliance with Planning Code Section 169. The TDM provisions included in the Development Agreement shall govern in this SUD.

(t) Operative Date for the PG&E Sub-Area. The zoning controls expressed in this Section 249.87 shall not become operative as to the PG&E Sub-Area, as shown on Map 249.87-1, or any portion thereof, until a Notice of Joinder to the Development Agreement approved by the Board of Supervisors in Board file No. 200040 has been recorded, or until the PG&E Sub-Area, or any portion thereof, is conveyed to the Developer. Copies of the Development Agreement, including a form of the Notice of Joinder, and a legal description of the PG&E Sub-Area are on file with the Clerk of the Board of Supervisors in Board File No. 200040.

Map 249.87-1

(Added by Ord. 61-20, File No. 200039, App. 4/24/2020, Eff. 5/25/2020, Oper. 5/25/2020; amended by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY Table 249.87-1, Notes (4), (5), (7), and (10) amended; Ord. 111-21, Eff. 9/4/2021. CODIFICATION NOTE

1. So in Ord. 61-20.

SEC. 249.88. BAYVIEW INDUSTRIAL TRIANGLE CANNABIS RESTRICTED USE DISTRICT.

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 140-20 , approved 8/28/2020, effective

9/28/2020, operative 9/28/2020). The text of the section will be included below when the enacting legislation is effective. (a) Purpose and findings. As of January 2020, there are a large number of establishments applying for cannabisrelated use permits in Bayview Neighborhood. Further, the number of already-permitted cannabis-related establishments in Bayview, compared to other areas of San Francisco, is a health, safety, and equity concern. In order to preserve the

neighborhood-serving commercial uses of the area, the Bayview Industrial Triangle Cannabis Restricted Use District is hereby established, the boundaries of which are shown on Sectional Map SU10 of the Zoning Map and are stated in Section 4 of the ordinance in Board File No. 200087 enacting this Section 249.88.

(b) Controls. No new Cannabis Retail establishment shall be permitted in the Bayview Industrial Triangle Cannabis Restricted Use District.

(Added by Ord. 75-20, File No. 200087, App. 5/1/2020, Eff. 6/1/2020)

SEC. 249.89. 2000 MARIN STREET SPECIAL USE DISTRICT.

(a) A Special Use District entitled the 2000 Marin Street Special Use District (“2000 Marin SUD”), consisting of Assessor’s Parcel Block 4346, Lot 003 and shown on Special Use District Map SU08 of the Zoning Map of the City and County of San Francisco, is hereby established for the purpose set forth in subsection (b).

(b) Purpose. The purpose of the 2000 Marin SUD is to provide a feasible temporary location for the San Francisco Wholesale Flower Market due to the development of the existing Flower Mart site, located on the southern half of the block north of Brannan Street between 5th Street and 6th Street (Assessor’s Parcel Block 3778, Lots 001B, 002B, 004, 005, 047, and 048).

(c) Controls. In the 2000 Marin SUD, exceptions from otherwise applicable requirements of this Code are appropriate to further the purpose set forth in subsection (b). Except as otherwise provided in this Section 249.89, applicable provisions of the Planning Code shall apply to the 2000 Marin SUD. In the event of a conflict between other provisions of the Planning Code and this Section 249.89, this Section 249.89 shall control.

(1) Demolition of Industrial Buildings in PDR Districts; Replacement Requirement. The replacement requirement of Section 202.7 shall not apply in the 2000 Marin SUD.

(2) Streetscape and Pedestrian Improvements. The streetscape and pedestrian improvement requirements set forth in Section 138.1 shall not apply in the 2000 Marin SUD.

(3) Screening, Interior Landscaping, and Street Trees. The screening, interior landscaping, and street tree requirements set forth in Sections 142, 156(c), and 156(g) shall not apply in the 2000 Marin SUD.

(4) Ground Floor Height. The ground floor height requirements set forth in Sections 145.5 and 210.3 shall not apply in the 2000 Marin SUD.

(5) Better Roofs. The better roof requirements set forth in Section 149 shall not apply in the 2000 Marin SUD.

(6) Off-Street Parking. The maximum off-street parking limits set forth in Section 151.1 shall not apply in the 2000 Marin SUD.

(7) Bicycle Parking. The bicycle parking requirements set forth in Section 155.2 shall not apply in the 2000 Marin SUD.

(8) Shower Facilities and Lockers. The requirements for shower facilities and lockers set forth in Section 155.4 shall not apply in the 2000 Marin SUD.

(9) Car Sharing. The car sharing requirements set forth in Section 166 shall not apply in the 2000 Marin SUD. (10) Transportation Demand Management Program. The Transportation Demand Management Program requirements set forth in Sections 169-169.6 shall not apply in the 2000 Marin SUD.

(11) Development Impact Fees. The development impact fees required by Article 4 of the Planning Code shall not apply in the 2000 Marin SUD.

(d) Sunset. Unless readopted, this Section 249.89 shall sunset six years after its effective date. (Added by Ord. 001-20, File No. 190681, App. 1/10/2020, Eff. 2/10/2020, Oper. 2/10/2020; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY Division (c)(6) amended; Ord. 245-25, Eff. 1/12/2026.

*Editor’s Note:

As enacted, in Ord. No. 1-20, this section was numbered as Section 249.86. This section has been renumbered as Section 249.89 to avoid duplication with another section numbered as Section 249.86.

SEC. 249.90. BALBOA RESERVOIR SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the “Balboa Reservoir Special Use District” (the SUD) is hereby established, bounded by the City College of San Francisco Ocean Campus to the east, Archbishop Riordan High School to the north, the Westwood Park neighborhood to the west, and a San Francisco Public Utilities Commission parcel containing a water pipeline that is adjacent to a mixed-use multifamily residential development along Ocean Avenue to the south. The precise boundaries of the SUD are shown on Sectional Map SU12 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Balboa Reservoir Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Clerk of the Board of Supervisors File No. 200423. The intent of the SUD is to establish a child- and family-friendly mixed-use residential neighborhood. The Project will provide several benefits to the City, such as a significant amount of new housing, including a high percentage of affordable and educator housing, publicly accessible open space, a child care facility and community room, retail space, and extensive infrastructure improvements, while creating jobs and a vibrant environmentally sustainable community.

(b) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.90. If there is a conflict between other provisions of the Planning Code and this Section 249.90, this Section 249.90 shall prevail.

(c) Relationship to Design Standards and Guidelines. The Design Standard and Guidelines (“DSG”), adopted by the Planning Commission by Motion No. 20734 on May 28, 2020, and as may be amended from time to time, sets forth design standards and guidelines applicable within the SUD. A copy of the DSG is on file with the Clerk of the Board of Supervisors in File No. 200423. Any capitalized term in this Section 249.90, and not otherwise defined in this Section or elsewhere in the Planning Code shall have the meaning ascribed to it in the DSG. This Section, the remainder of the Planning Code, and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is a conflict between the DSG and either this Section or the remainder of the Planning Code, this Section or the other provision of the Planning Code shall prevail. Subject to this Section 249.90(c), if a later amendment to any provision of the Planning Code, including this Section 249.90, results in a conflict with the DSG, such amended Planning Code provision shall prevail. Amendments to the DSG may be made by the Planning Commission upon initiation by the Planning Department or upon application by Developer, but if there is a conflict between an amendment to the DSG and this Section or the remainder of the Planning Code, as applicable, this Section or other provision of the Planning Code shall prevail unless and until such time as this Section or the remainder of the Planning Code is amended to be consistent with the amendment to the DSG. The Planning Director may approve minor amendments to the DSG to clarify its provisions. For the purposes of this subsection (c), “minor amendments” shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement.

(d) Relationship to the Development Agreement. This Section 249.90 shall be read and construed consistent with the Development Agreement, and all development within the Project Site that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect.

(e) Definitions. For purposes of this Section 249.90, the following definitions shall apply. If not expressly superseded by definitions set forth in this subsection (e), all definitions of the Planning Code shall apply.

“Active Use” means use that consists of a Retail Sales and Service, Entertainment, Arts, Recreation, Child Care, Community Facility, or Residential use.

“Articulated Roof Form” means roof forms that consist of any shape with a minimum average roof slope of not less than 2:12. Articulated roof forms include wall extensions of the occupied enclosed space of the top floor and unoccupied architectural features, such as parapets, extending above the roof of the topmost floor.

“Block” means a Building Project block or a Publicly Accessible Open Space block as depicted on Figure 249.90-1. “Building Project” or “Building” means the construction of a building or group of buildings within the Project Site. “Building Standards” means the standards applicable to Building Projects and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (g) below and the standards and guidelines designated as such in the DSG. It does not mean Building Code requirements under either the California or San Francisco Building Codes, which this Section 249.90 and the DSG do not override.

“Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours.

“Design Standards and Guidelines” or “DSG” shall mean the Balboa Reservoir Design Standards and Guidelines adopted by Planning Commission Motion No. 20734, and as may be amended from time to time. The Design Standards and Guidelines is incorporated into this Section 249.90 by reference.

“Developer” means the BHC Balboa Builders, LLC, a California limited liability company, or its successor(s). Developer also may be an applicant.

“Development Agreement” means the Development Agreement by and between the City and the Developer, approved by the Board of Supervisors by the ordinance in Board File No. 200423, and as may be amended from time to time.

“Development Phase Application” means an application for each Building phase of the Project that describes at a minimum, the Block numbers, the Master Infrastructure Plan elements, and vertical improvements proposed in the phase, including number and sizes of affordable housing units, number and sizes of market rate housing units, and square footage of retail, arts activity, community facility and child care square space, and publicly accessible open space. The Development Phase Application also shall include a list of any requested Minor or Major Modifications that are contemplated to be requested in the phase.

“Frontage” means the vertical exterior face or wall of a Building and its linear extent that is adjacent to or fronts on a street, right-of-way, or open space.

“Kiosk” means a Building or other structure that is set upon the ground and is not attached to a foundation, such as a shipping container, trailer, or similar structure, from which food service and/or retail business is conducted. A Kiosk may operate in a Publicly Accessible Open Space, and remain in place until the business operation is terminated or relocated. “Major Modification” means a deviation of more than 10% from any dimensional or numerical standard in the Planning Code, this Section 249.90, or in the DSG, except as explicitly prohibited per subsection (g) below.

“Mass Reduction” means one or more breaks in a Building that reduce the horizontal scale of the Building into discrete sections.

“Master Infrastructure Plan” or “MIP” shall mean the Balboa Reservoir Master Infrastructure Plan approved by the Board of Supervisors as part of the Development Agreement and found in Clerk of the Board of Supervisors File No. 200423, and as may be amended from time to time.

“Minor Modification” means a deviation of up to 10% from any dimensional or numerical standard in the Planning Code, this Section 249.90, or in the DSG, except as explicitly prohibited per subsection (g) below, or any deviation from any non-dimensional or non-numerical standard in the DSG.

“Multifamily Housing” means a residential Building where multiple separate housing units for residential inhabitants are contained within one Building.

“Privately-Owned Community Improvement,” means those facilities and services that are privately-owned and privately-maintained, at no cost to the City (other than any public financing set forth in the Financing Plan, a Development Agreement exhibit), for the public benefit, but not dedicated to the City. Privately-Owned Community Improvements include certain pedestrian paseos, storm drainage facilities, publicly accessible open spaces.

“Project” means the Balboa Reservoir Project.

“Project Site” means the approximately 16.5 acre site shown on Figure 249.90-1 that is within the SUD. The 80-foot wide strip of land along the southern boundary of the west basin that contains SFPUC pipelines is regulated by the

Development Agreement, but is not part of the Project Site or within the SUD and remains within a P (Public) zoning district.

“Publicly Accessible Open Space” means a usable open space that is accessible to the public, including an unenclosed park or garden at street grade or following the natural topography, improvements to hillsides or other unimproved public areas, an unenclosed plaza at street grade, or an unenclosed pedestrian pathway, or a shared pedestrian/vehicular right-ofway.

“Residential Use” means uses that provide housing for San Francisco residents, rather than visitors, including Dwelling Units, Group Housing, Senior Housing, and Student Housing.

“Retail Sales and Services” means the use described in Section 102, except for Retail Automobile Uses, Adult Business, Hotel, Motel, and Self-Storage.

“Step Back” means a reduction of one or more stories in a portion of one or more upper stories of a Building.

“Streetwall” means a continuous façade of a Building and/or Buildings along a street Frontage.

“Townhouse” means a single-family dwelling unit that shares a wall with another dwelling and with direct access into the dwelling unit from a street or Publicly Accessible Open Space that does not require access through a lobby, corridor, or other common indoor space shared with other housing units.

(f) Development Controls. This SUD, as established in Section 249.90, and other Planning Code Sections referenced herein establish all zoning controls for the Project Site.

(g) Uses.

(1) Balboa Reservoir Special Use District Zoning Designations. As shown on the Zoning Map, the SUD is coterminus with the Balboa Reservoir Mixed Use District (BR-MU). This SUD, as established in Section 249.90, and other Planning Code Sections referenced herein establish all zoning controls for the BR-MU district.

(2) Permitted Uses. The following Uses set forth in Table 249.90-1: Balboa Reservoir Land Uses shall be permitted within the different Blocks of the SUD shown in Figure 249.90-1, where P means Permitted Use and NP means Nonpermitted Use. All other uses not stated are prohibited.

Figure 249.90-1 Balboa Reservoir Land Use Map

Table 249.90-1 Balboa Reservoir Land Uses

(1) Only Townhouse units are allowed

(2) All non-residential uses except multi-story parking garages are allowed only on the ground floor and below (3) As defined in Section 102, except Health Care uses are not allowed (4) Child care open space only (5) Carts and Kiosks are allowed in Block J subject to Subsection (g)(8)(N) (6) Below grade only as shown in Figure 249.90-1

(3) Temporary Uses. Temporary Uses are permitted consistent with Planning Code Sections 205.1 through 205.4 for Neighborhood Commercial Districts.

(4) Interim Uses.

(A) Prior to completion of the Project, one or more Public or Private Parking Lots, including construction worker parking lots, shall be permitted without regard to the provisions regulating automobile parking set forth in Sections 155, 156, 303(t) or (u), and other provisions of Article 1.5 of this Code, and such parking lot(s) shall not be required to be surrounded by a fence or wall.

(B) Prior to completion of the Project, certain other interim uses may be authorized for a period not to exceed five years by the Planning Director, without a public hearing if the Planning Director finds that such Interim Use will not impede orderly development consistent with this Section 249.90, the DSG, and the Development Agreement. Any authorization granted pursuant to this subsection 249.90(g)(4)(B) shall not exempt the Developer from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application for the proposed Interim Use. Permitted Interim Uses shall include, but are not limited to:

• (i) Retail Sales and Services;

(ii) Entertainment, Arts, and Recreation, including but not limited to temporary art installations, exhibits, and sales, recreational facilities and uses (such as play and climbing structures and outdoor fitness classes), and temporary

structures to accommodate events (such as stages, seating, and support facilities for patrons and operations);

• (iii) Institutional Education Use, including but not limited to after-school day camp and activities;

• (iv) Site management service, administrative functions, and customer amenities and associated loading;

• (v) Rental or sales offices incidental to new development; and

(vi) Trailers, recreational vehicles, or other temporary housing for construction workers, seasonal labor, or other workforce employment needs.

(5) Residential Density. The dwelling unit and group housing density limits applicable in the RM-3 District, as it may be modified pursuant to Section 304, shall govern residential density within the SUD. However, greater residential density than permitted in an RM-3 District may be provided on individual Blocks, as long as the overall density of the SUD does not exceed the density allowed in a RM-3 District, as it may be modified pursuant to Section 304, for the entire SUD.

(6) Minimum Dwelling Unit Mix. No less than 30% of the total aggregate number of proposed dwelling units in the SUD shall contain at least two bedrooms, and no less than 10% of the total aggregate number of proposed dwelling units in the SUD shall contain at least three bedrooms, for a total of 40% of units with two bedrooms or more. The minimum dwelling unit mix may be less on any individual Block than otherwise required provided the total dwelling unit mix in the SUD shall not be less than the minimum dwelling unit mix upon completion of the Project.

(7) Floor Area Ratio. There shall be no floor-area-ratio limit within the SUD.

(8) Building Standards.

(A) Building Height. For purposes of the SUD, the height limits shall be as set forth in Section Map HT12 of the Zoning Map and as further limited and detailed in Figure 249.90-2: Building Height Maximums, and as further governed by this Section 249.90 (g)(8)(A). Section 260(b) applies to the SUD, except that those listed in this subsection 8(A) may extend above the maximum allowable height. The sum of the horizontal areas of all features do not exceed 20 percent of the horizontal area of the roof above which they are situated as set forth in Section 260(b)(1):

(i) Rooftop enclosed utility sheds designed exclusively for the storage of landscaping, gardening supplies, and related equipment for living roofs are allowed to extend above the maximum allowable height by not more than 10 feet, provided they do not exceed 100 square feet of gross area.

(ii) Projections to accommodate additional ceiling height at common amenity spaces located on the floor immediately below the roof are allowed to extend above the maximum allowable by not more than two feet.

(iii) Articulated Roof Forms are allowed to exceed the maximum allowable height by a maximum of 6 feet, measured to the average height of rise as set forth in Planning Code Section 260(a), provided that the sum of the horizontal areas of articulated roof forms and features listed in Section 260(b)(1) and this subsection (8)(A) do not exceed 40 percent of the horizontal area of the roof above which they are situated. Additionally, Articulated Roof Forms shall comply with the standards and guidelines set forth in the DSG Chapter.

Figure 249.90-2 Height Limit Map

(B) Building Bulk. There are no bulk limits in this SUD.

(C) Setbacks. Minimum setbacks of the façade of Buildings from street rights of way and from publicly accessible open space shall be provided in the locations and depth shown in Figure 249.90-3.

Figure 249.90-3 Minimum Building Setbacks

(D) Streetwall. A streetwall is required at all Building frontages facing public right of ways, publicly accessible open spaces, and paseos. The required streetwalls shall be located at the setback line or at the property line where there is no setback control. Streetwalls may be offset from the setback line or property line by not more than two feet towards the interior of the Block. Streetwalls shall be provided at not less than 60% of the total area of the Building facade area. Openings to interior courtyards and other breaks in the streetwall that are required under Mass Reduction shall not count towards the required streetwall.

(E) Mass Reduction. Buildings taller than 48 feet with a frontage exceeding 180 feet in length shall incorporate at least one of the following Mass Reduction strategies:

(i) Exterior Recess. Provide a recess at Building exterior with a minimum width of 15 feet and minimum depth of 10 feet from the Building wall extending vertically for height at least 75% of the height of the facade. The recess may start at second floor or may terminate at the top floor.

(ii) Vertical Elements. Provide a combination of elements consisting of recess and/or projection with a minimum width of 10 feet, minimum depth of five feet, and extending vertically for a height equal to at least 75% of the height of the facade. The cumulative base footprint area of all vertical elements on a frontage shall equal a minimum of 150 square feet to qualify as a mass reduction strategy. Balconies at vertical elements are allowed if the railings are visually differentiated from the main facade.

(iii) Alternative means of satisfying the mass reduction requirement for all Blocks shall be as set forth in the DSG.

(F) Step Backs at Upper Floors. Each of the Buildings on Blocks A, B, C, D, E, F, and G shall provide one or more step backs at the top floor. The intent of the step backs is to articulate Building silhouettes and to provide potential locations for roof terraces overlooking the shared open space. The required height reduction along West Street shall not count towards the required step back.

(i) Blocks A, C, and E shall provide a one-story contiguous step back equal to 15% of the roof area or one-story non-contiguous step backs equal to 25% of the roof area. The contiguous step backs shall have a minimum horizontal dimension of not less than 10 feet.

(ii) Blocks B, D, F, and G shall provide a top floor step back equal to 10% of the roof area. These step backs may be located in a single contiguous element or may be comprised of multiple elements provided each step back area has a minimum horizontal dimension of not less than 10 feet in all directions.

(G) Obstructions. At multifamily buildings, obstructions into setback areas and/or public right of ways are allowed subject to compliance with Planning Code Section 136, in accordance with the following exceptions: Obstructions into

required setback areas and/or public right of ways may be up to four feet in horizontal depth, subject to the other limitations set forth in Section 136.

(H) Setback Requirements; Waiver of Planning Code Sections 132, 133, and 134. Rear yard, side yard, or front yard setback requirements shall be set forth in the SUD and DSG in lieu of the provisions of Section 132, 133, and 134.

(I) Unit Exposure. For all residential units, the required window (as defined by Section 504 of the San Francisco Housing Code) of at least one room that meets the requirement of Section 503 of the Housing Code shall face directly onto an open area of one of the following types:

(i) A public street, public alley, or paseo at least 25 feet in width in Blocks A, B, C, D, E, F, and G, and 20 feet in width in Blocks TH1, TH2, and H.

(ii) An open area, an inner court, or a space between separate Buildings on the same Block, which is unobstructed (except for obstructions listed in Planning Code Section 136) and is no less than 25 feet in every horizontal dimension in Blocks A, B, C, D, E, F, and G or 20 feet in every horizontal dimension in Blocks TH1, TH2, and H.

(J) Usable Open Space. The usable open space requirement for dwelling units shall be 40 square feet of private or common usable open space per unit. For Group Housing, the minimum usable open space requirements shall be one-third the amount specified in this subsection (I) for a dwelling unit. Required usable open space shall be on the same Block as the unit it serves. Publicly Accessible Open Space, streets, and paseos on Blocks J, K, L, M, N, O, and P shall not count towards the required on-site usable open space.

(i) Any space credited as private usable open space shall have a minimum horizontal dimension of five feet and a minimum area of 35 square feet.

(ii) Any space credited as common usable open space shall have a minimum horizontal dimension of 10 feet and a minimum area of 150 square feet and 30 percent of the common usable open space shall be planted.

(iii) Inner courts in which the enclosing Building walls are four stories or more in height shall be large enough to inscribe a rectangular area 30 feet by 40 feet within the enclosing walls.

(iv) Outer courts in which enclosing Building walls are four stories or more shall be large enough to inscribe a rectangular area 25 feet by 25 feet within the enclosing walls.

(v) Space that is accessible for automobiles shall not count towards usable open space in any Block.

(K) Ground Floor Floor-to-Floor Height. The minimum ground floor floor-to-floor height of non-residential uses, lobbies and residential common areas shall be 15 feet in Blocks A, B, C, and D and 12 feet in Blocks E and F. The minimum ground floor floor-to-floor height for residential uses shall be 10 feet, except for townhouse units which shall have no minimum floor-to-floor height.

(L) Ground Floor Activation. The ground floor activation standards set forth in the DSG Chapter 7 shall apply in the SUD.

(M) Parking Garages. The standards and guidelines for the location, depth, and exterior frontages of parking garages set forth in the DSG Chapter 7 shall apply in the SUD. With the exception of space allowed for parking and loading access, Building egress, and Building services, above grade parking on any Block shall be wrapped at all stories with a liner of Active Use not less than 20 feet in depth from all facades facing streets and Publicly Accessible Open Spaces.

(N) Signage. One identifying sign shall be permitted for each residential Building, except for townhouse Blocks, where one identifying sign shall be permitted per Block. Sign controls set forth in Section 607.1 for RC Districts shall apply to signs for non-residential uses.

(O) Carts and Kiosks. The standards and guidelines for Kiosks and Carts set forth in the DSG shall apply in the SUD.

(9) Off-Street Automobile Parking and Loading. The location and design standards for off-street automobile parking shall be governed by the DSG. There is no minimum off-street parking or loading requirement for any use in the SUD, except that there shall be a minimum of 200 off-street parking spaces in the SUD, and that Buildings in Blocks A, B,

C, D, E, F, and G containing 100,000 gross square feet or more of residential space and a parking garage shall provide at least one off-street loading space meeting the dimensional requirements of standard 7.24.2 of the DSG.

(A) Maximum Off-Street Parking. The number of off-street parking spaces within this SUD shall not exceed the following:

Table 249.90-2: Maximum Off-Street Parking Spaces per Land Use

Parking amounts for dwelling units, group housing, and non-residential uses may be greater on any individual Block than otherwise allowed by Table 249.90-2 provided the total number of spaces in the SUD shall not exceed the maximum upon completion of the Project. The maximum number of spaces for the Public Parking Garages shown in Table 249.90-2 shall be reduced by the number of parking spaces for dwelling units or group housing that are allowed to be used as public parking during any part of the day. In the event the Developer enters into an agreement with the adjacent property owner(s) to fund or build off-site public parking on the property adjacent to the eastern edge of the Project site, the maximum number of spaces for the Public Parking Garages also shall be reduced by the number of such off-site parking spaces that the Developer provides. The Planning Director shall determine whether these conditions are met pursuant to Transportation Exhibit, Exhibit J, of the Development Agreement. Car share parking spaces shall be provided in the amounts set forth in Section 166. The width and location of vehicular openings shall be as set forth in the DSG.

(B) Driveway and Loading Operations Plan. The purpose of a Driveway and Loading Operations Plan (DLOP) is to reduce potential conflicts between driveway and loading operations, such as passenger and freight loading activities, and pedestrians, bicycles, and vehicles. The goal of the plan is to maximize utilization of off-street space to accommodate loading demand, and to ensure that off-street loading is considered and attempted, to the extent physically and feasibly possible, in the design of new Buildings. The Developer shall prepare a DLOP in accordance with the Planning Code, Planning Department guidelines, and any standard environmental conditions.

(10) Bicycle Parking. Developer shall provide bicycle parking as required by the Planning Code, except that there shall be a minimum of 30 Class I spaces that are designed to accommodate oversized bicycles in the SUD.

(11) Waiver of Planning Code Section 138.1. The streetscape design set forth in the Master Infrastructure Plan and DSG sets forth the standards for pedestrian and streetscape improvements in the SUD.

(12) Waiver of Planning Code Section 169. The provisions of the Transportation Demand Management Program shall apply as required under Sections 169 et seq. and any successor Sections, except that Section 169.4(a)-(d) shall not apply to the Project because the Project has already completed a Transportation Demand Management Plan and it is included as part of the Development Agreement, Exhibit J.

(13) Compliance with Article 4 of the Planning Code.

(A) Inclusionary Housing Requirements. The provisions of Sections 415 et seq. shall not apply, except as otherwise stipulated in the Development Agreement.

(B) Other Impact Fees. For so long as the Development Agreement remains in effect, the Developer impact fees payable for any Building Project will be determined in accordance with the Development Agreement.

(14) Relationship to State or Local Density Bonus Programs. In exchange for the benefits expressed in the Development Agreement and this Section 249.90, and as set forth in the Development Agreement, any Building Projects within the SUD shall not be eligible for additional density or modifications to development standards allowed in any State or local law allowing additional density or modifications to development in exchange for on-site affordable housing,

including but not limited to the State Density Bonus Law (California Government Code Sections 65915 et seq. ), the Affordable Housing Bonus Program (Planning Code Sections 206 et seq. ), and Planning Code Sections 207 et seq.

(15) Modifications to Building Standards and Use Requirements.

(A) No Modifications or Variances. No variances, exceptions, modifications, or other deviations from the requirements and standards of the Planning Code, including the SUD, and of the DSG are permitted except through the procedures for granting of Minor and Major Modifications established in the SUD. No modifications or variances are permitted for maximum Building height or maximum automobile parking spaces.

(B) Modification of Other Building Standards and Use Requirements. A dimensional or numerical standard may be modified only as provided in subsection (i), on a project-by-project basis. In order to grant a Minor or Major Modification, the Planning Director or Commission must find that the proposed Minor or Major Modification achieves equal or superior design quality and public benefit as strict compliance with the applicable standard and meets the intent of the SUD and the DSG.

(C) Minor Modifications. The Planning Director may approve a Minor Modification administratively in accordance with the procedures set forth in subsection (i).

(D) Major Modifications. The Planning Commission may approve an application for a Major Modification in accordance with the procedures set forth in subsection (i).

(h) Project Review and Approval. In lieu of the procedures set forth in Planning Code Article 3, the following project review and approval procedures shall apply in the SUD.

(1) Purpose. The design review process for this SUD is intended to ensure that new Building Projects are designed to complement the aesthetic quality of the development, exhibit high quality architectural design, and promote the purpose of this SUD.

(2) Development Phase Application. Consistent with the Development Agreement, the Developer shall submit a Development Phase Application to the Planning Director for approval, and no development may be approved within a Development Phase until after the Planning Director issues a Development Phase Application approval. The Development Phase Application process, as set forth in the Development Agreement, is to ensure that all Publicly Accessible Open Space and Building Projects within a development phase are consistent with the Development Agreement and the SUD. Planning shall review Development Phase Applications within 30 days of receipt in order to determine completeness. If the Planning Director fails to respond within such 30-day period, the Development Phase Application will be deemed complete. The Planning Director shall act on a Development Phase Application within 60 days after submittal of a complete Development Phase Application. Changes proposed by the Planning Department will be reasonably considered by Developer, and changes proposed by Developer will be reasonably considered by the Planning Department. If there are no objections, or upon resolution of any differences, the Planning Director shall approve the Development Phase Application with such revisions, comments, or requirements as may be permitted in accordance with the terms of the Development Agreement and the phasing plan.

(3) Concurrent Submittal of Development Phase Application and Design Review Application. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Application. When submitted concurrently, the time limits for the Planning Department review of completeness and design review described in subsection (i) shall not commence until after the Planning Director has issued a Development Phase Application approval. The Planning Department shall approve only those applications for individual Buildings that are consistent with a Development Phase Application approval. To ensure that Building Projects and Privately-Owned Community Improvements meet the requirements of the Planning Code, including this Section 249.90, and the DSG, Developer shall submit a Design Phase Application and receive approval from the Planning Director, or, if required, the Planning Commission before obtaining any permits for the applicable construction. Standards and limitations on design review approval are set forth in subsection (i) below. Nothing in this Section 249.90 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(i) Design Review Applications and Process.

(1) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with the Planning Code, this Section 249.90, and the DSG, including site plans, floor plans, sections, elevations, renderings, landscape plans, a DLOP, and exterior material samples to illustrate the overall concept design of the proposed Buildings. Design review applications also should contain information on dwelling unit count and type, parking, and other building characteristics typical of Planning Department development applications. If Developer requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, and to the satisfaction of the Planning Director, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed Minor or Major Modification(s). As part of design review application process, the Planning Director shall consult with the San Francisco Municipal Transportation Agency regarding the Developer’s DLOP.

(2) Completeness. Planning Department staff shall review the application for completeness and advise the Developer in writing of any deficiencies within 30 days of the date of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section.

(3) Design Review of Buildings and Privately-Owned Community Improvements.

(A) Building Pre-Application Meeting. Prior to submittal of a design review application for a Building, the Developer shall conduct a minimum of one pre-application public meeting. The meeting shall be conducted at, or within a one-mile radius of, the Project Site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation. A Planning Department representative shall be invited to such meeting.

(B) Publicly Accessible Open Space Outreach. Prior to submittal of a design review application for a Publicly Accessible Open Space, the Developer shall conduct a minimum of one pre-application public meeting on design of the Publicly Accessible Open Space. The Developer shall conduct a minimum of one additional public meeting prior to any approval action on the application. Additional meetings may be required at the discretion of the Planning Director. The meetings shall be conducted at, or within a one-mile radius of, the Project Site, and the pre-application meeting shall be subject to the Planning Department’s pre-application meeting procedures, including but not limited to, the submittal of required meeting documentation. Developer shall invite a Planning Department representative to such meetings.

t the discretion of the Planning Director. The meetings shall be conducted at, or within a one-mile radius of, the Project Site, and the pre-application meeting shall be subject to the Planning Department’s pre-application meeting procedures, including but not limited to, the submittal of required meeting documentation. Developer shall invite a Planning Department representative to such meetings.

(C) Design Review Process. Following submittal of the design review application, upon a determination of completeness, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this Section 249.90, the Planning Code, and the DSG, including a recommendation regarding any Minor or Major Modifications sought. The Planning Department staff shall deliver the report to the Developer and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s website for public review within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this Section 249.90, the Planning Code, or the DSG, the Developer may resubmit the application, in which case the requirements of this subsection (i) for determination of completeness, staff review, and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(4) Approvals and Public Hearings for Buildings and Privately-Owned Community Improvements.

(A) Buildings and Privately-Owned Community Improvements Seeking No Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249.90, the DSG, and the General Plan. If the design review application is consistent with the numeric standards set forth in this Section 249.90 and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to the Developer’s consistency with the non-numeric and non-dimensional elements of the DSG and the General Plan.

(B) Buildings and Privately-Owned Community Improvements Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application including a Minor Modification, the Planning Director, shall approve or disapprove any Minor Modification based on its compliance with the Planning Code,

including this Section 249.90, the DSG, and the General Plan. Notwithstanding any other provisions of this Section 249.90, the Planning Director, at his or her discretion, may refer any application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG or the SUD.

(C) Buildings and Privately-Owned Community Improvements Seeking Minor or Major Modifications. If the design review application seeks one or more Major Modifications, or if the Planning Director refers a design review application that proposed a Minor Modification to the Planning Commission, the Planning Commission shall calendar the item for a public hearing, subject to any required noticing. For purposes of this subsection (C), Minor Modifications and Major Modifications shall be collectively referred to as Major Modifications. The Planning Commission’s review shall be limited to the proposed Major Modification. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the granting of any Major Modifications.

(D) Notice of Hearings. In addition to complying with the notice requirements of the Brown Act and the Sunshine Ordinance, notice of Planning Commission hearings shall be provided as follows:

(i) by mail not less than 20 days prior to the date of the hearing, to the Developer, to residents within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

(ii) by posting on the subject property not less than 10 days prior to the date of the hearing.

(j) Building Permits. Each building permit application submitted to the Department of Building Inspection for Buildings shall be forwarded to the Planning Department for review of the application’s consistency with the authorizations granted pursuant to this Section 249.90.

(k) Discretionary Review. The Planning Department shall not accept, and the Planning Commission shall not hear, requests for discretionary review for projects subject to this Section 249.90.

(l) Change of Use. The Planning Department shall review each building permit application that the Developer submits to the Department of Building Inspection for vertical improvements for consistency with the authorizations granted pursuant to this Section 249.90. The Department of Building Inspection shall not issue a permit for any vertical improvement or for occupancy that would authorize a new use unless the Planning Department determines such permit is consistent with the Building Standards set forth in the DSG.

(Added by Ord. 141-20, File No. 200422, App. 8/28/2020, Eff. 9/28/2020, Oper. 9/28/2020)

Editor’s Note:

This Section 249.90 was enacted as Section 249.88 by Ord. No. 141-20. Because another section was already designated as Section 249.88, this section has been redesignated as Section 249.90, and all references to this section have been changed accordingly.

SEC. 249.91. 2500-2530 18TH STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.

(a) General. A special use district entitled the “2500-2530 18th Street Affordable Housing Special Use District” consisting of Assessor’s Parcel Block No. 4014, Lots Nos. 002 and 002A, is hereby established for the purposes set forth below. The boundaries of the 2500-2530 18th Street Affordable Housing Special Use District are designated on Sectional Map No. SU08 of the Zoning Map.

(b) Purpose. The purpose of this special use district is to facilitate the development of affordable housing at the site. The site is owned by the Homeless Prenatal Program (HPP), a family resource center that has been offering comprehensive family services since 1989. With a mission to break the cycle of family poverty and homelessness, HPP’s work focuses on families as they start to ensure they are healthy, stable, and housed. As of February 2021, HPP had a large staff of close to 100, half of whom were former clients or came from the community it serves. HPP has often been

recognized for its work in the community. HPP receives generous support from the City and County of San Francisco and has contracts with various City departments, including the Mayor’s Office of Housing and Community Development, the Department of Homelessness and Supportive Housing, and the Department of Human Services. HPP has been located in a building at 2500 18th Street since 2005 and in June 2020 acquired an adjoining lot at 2530 18th Street to further facilitate its mission. Fulfillment of HPP's mission at 2500 18th Street and 2530 18th Street requires a change of the zoning designation for those properties to the Urban Mixed Use (UMU) zoning district, the same zoning designation as the remainder of Assessor's Block 4014.

(c) Use Controls. In this special use district, all newly constructed dwelling units, with the permissive exception of the manager’s unit, shall be affordable to households with an annual income between 0 and 80% of the Area Median Income (as defined in Section 401), for a term no less than 55 years. All applicable provisions of the Planning Code shall continue to apply to this special use district, except as otherwise provided in this Section 249.91. (Added by Ord. 98-21, File No. 210182, App. 7/30/2021, Eff. 8/30/2021)

SEC. 249.92. CENTRAL NEIGHBORHOODS LARGE RESIDENCE SPECIAL USE DISTRICT.

(a) General. A special use district entitled the “Central Neighborhoods Large Residence Special Use District,” consisting of the area within a perimeter established by Waller Street, Steiner Street, Hermann Street, Buchanan Street, Haight Street, Octavia Street, 13th Street, Valencia Street, Duboce Avenue, Guerrero Street, 20th Street, Valencia Street, Tiffany Avenue, 29th Street, San Jose Avenue, Randall Street, Mission Street, Alemany Boulevard, Tingley Street, crossing in a straight line over San Jose Avenue, I-280 Northbound, and I-280 Southbound to Monterey Boulevard, proceeding northeasterly along Monterey Boulevard to Joost Avenue, Joost Avenue, Congo Street, Bosworth Street, O’Shaughnessy Boulevard, Portola Drive, Twin Peaks Boulevard, following the eastern fork of Twin Peaks Boulevard north, Clarendon Avenue, west along Clarendon Avenue to the most westerly boundary of the Lands of Regents of the University of California, also known as Block 2634A Lot 011 as shown on the City & County of San Francisco Assessor’s Block Map 2634A, north to the most southernly boundary of the Lands of City & County of San Francisco, also known as Block 2634A Lot 003 as shown on the City & County of San Francisco Assessor’s Block Map 2634A, east to the most southeasterly corner of said Lot 003, following said Lot 003 boundaries north, northwest, and southwesterly until the intersection with previously described Lot 011, northernly following the eastern boundary of Lot 011, northernly along the eastern boundary of Lot 005 as shown on Assessor’s Block Map 2634A, to Parnassus Avenue, Hillway Avenue, Carl Street, Arguello Boulevard, Frederick Street, Stanyan Street, Waller Street, Clayton Street, Frederick Street, Masonic Avenue, Waller Street, Buena Vista Avenue West, Haight Street, and Buena Vista Avenue East, is hereby established for the purposes set forth in subsection (b), below. The boundaries of the Central Neighborhoods Large Residence Special Use District are designated on Sectional Map Nos. ZN06, ZN07, ZN11, and ZN12 of the Zoning Map of the City and County of San Francisco.

(b) Purpose. To protect and enhance existing neighborhood context, encourage new infill housing at compatible densities and scale, and provide for thorough assessment of proposed large residences that could adversely impact neighborhood character and affordable housing opportunities, the following controls, set forth in subsections (c)-(e), below, are imposed in the Central Neighborhoods Large Residence Special Use District.

(c) Applicability.

(1) Except as provided in this subsection (c), the provisions of this Section 249.92 apply to all lots located within the Central Neighborhoods Large Residence Special Use District, in those instances where a complete Development Application was submitted on or after January 1, 2022.

(2) All applicable provisions of the Planning Code shall continue to apply to Residential Buildings, except as otherwise stated in this Section 249.92.

(3) The provisions of this Section 249.92 shall not apply to any applications that were filed prior to June 4, 2024 for residential development or for an expansion of an existing Residential Building on lots that on that date were not subject

to the Corona Heights Large Residence Special Use District (former Section 249.77) or this Special Use District.

(d) Maximum Size of Dwelling Units. Within the Central Neighborhoods Large Residence Special Use District, no residential development or expansion of an existing Residential Building shall be permitted that would result in any Dwelling Unit exceeding 3,000 square feet of Gross Floor Area, except where the total increase of Gross Floor Area of any existing Dwelling Unit is less than 15%.

(e) Calculation of Gross Floor Area. For the purposes of this Section 249.92 , the following shall apply in the calculation of total Gross Floor Area:

(1) Gross Floor Area shall have the meaning set forth in Planning Code Section 102, except that floor space dedicated to accessory parking shall not be included;

(2) In multi-unit buildings, shared spaces such as stairwells, atriums, and other communal spaces accessible to all building occupants shall not be included in the Gross Floor Area thresholds; and

(3) Any increase in Gross Floor Area shall include (A) all expansions of the Residential Building for which a building permit was issued within the previous 10 years, except that expansions for which building permits were issued prior to January 1, 2022 shall not be considered, and (B) any Gross Floor Area resulting from construction performed without a validly issued permit regardless of the date of construction.

(Added by Ord. 35-22, File No. 210116, App. 3/14/2022, Eff. 4/14/2022; amended by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 253-25, File No. 240637, App. 12/17/2025, Eff. 1/17/2026)

AMENDMENT HISTORY

Division designations (a)-(c), (d)-(f), and (g) added; division (h) added; Ord. 248-23, Eff. 1/14/2024. Division designations re-added; division (e) amended; Ord. 33-24, Eff. 3/23/2024. Divisions (e) and (f)-(f)(6) expired 12/31/2024.

Divisions (a), (b), (c)(1), (c)(3), and (d) amended; divisions (e)-(f)(6) and (h) deleted; divisions (g)- (g)(2) redesignated as (g), (g)(1), and (g)(3); new division (g)(2) added; Ord. 253-25, Eff. 1/17/2026.

Editor’s Note:

Section 249.93, below, was originally enacted as Section 249.92 by Ord. No. 154-22, but was redesignated to avoid conflicting with the existing Section 249.92, above.

SEC. 249.93. GROUP HOUSING SPECIAL USE DISTRICT.

(a) Purpose. To incentivize the development of affordable family-sized housing over housing without full kitchens or adequate space to prepare, store, and cook food, in areas of the City where Group Housing is already saturated, a special use district entitled the “Group Housing Special Use District” is hereby established.

(b) Boundaries. The boundaries of the Group Housing Special Use District are shown on Special Use District Maps SU01 and 02, and consist of the following areas:

(1) The area within a perimeter established by Bush Street, Stockton Street, Market Street, and Polk Street.

(2) The area within a perimeter established by Union Street, Grant Avenue, Columbus Avenue, Montgomery Street, California Street, and Powell Street.

(c) Controls. Except for an Affordable Housing Project, as defined in Planning Code section 315(b), and Single Room

Occupancy residential hotel units required by section 41.13 of the Hotel Conversion Ordinance, Administrative Code section 41.13, Group Housing, as defined in Section 102, shall not be permitted in the Special Use District. All other provisions of the Planning Code shall apply.

(Added by Ord. 154-22, File No. 211300, App. 7/21/2022, Eff. 8/21/2022; Oper. conditional)

Editor’s Note:

This Section 249.93 was enacted as Section 249.92 by Ord. No. 154-22. Because another section was already designated as Section 249.92, this section has been redesignated as Section 249.93.

SEC. 249.94. FAMILY AND SENIOR HOUSING OPPORTUNITY SPECIAL USE DISTRICT.

(a) Purpose and Relationship to Planning Code Provisions. To incentivize the development of multifamily housing in the City’s well-resourced neighborhoods, a special use district entitled “Family and Senior Housing Opportunity Special Use District” is hereby established. All applicable provisions of the Planning Code shall continue to apply to this special use district, except as otherwise provided in this Section 249.94.

(b) Boundaries. The boundaries of the Family and Senior Housing Opportunity Special Use District are shown on Special Use District Maps Sheets SU 1, SU 2, SU 3, SU 4, SU 5, SU 6, SU 7, SU 11, SU 12, and SU 13. These boundaries consist generally of the areas designated as high-resource and highest-resource on the Well-Resourced Neighborhoods Map of the 2023-2031 Housing Element.

(c) Eligibility. An eligible project under this Section 249.94 shall be a project that complies with all the following criteria:

• (1) is located in:

(A) an RH District in the Family and Senior Housing Opportunity Special Use District (“the SUD”), and is not located in the Telegraph Hill - North Beach Residential Special Use District (Section 249.49) or the North Beach Special Use District (Section 780.3); or

(B) an RM-1 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;

(2) is not seeking or receiving approval under the provisions of Planning Code Sections 206.3, 206.5, or 206.6;

(3) is not located on a parcel resulting from a lot split under California Government Code Section 66411.7;

• (4) proposes any of the following project types:

(A) Single-Lot Development Project. The construction on a single lot, including through the alteration of an existing structure, of at least two dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(A) of this Section 249.94, inclusive of any existing dwelling units on the site and any Unauthorized Units, as defined in Section 317, occupied by a tenant at any time within the five years preceding application.

ingle lot, including through the alteration of an existing structure, of at least two dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(A) of this Section 249.94, inclusive of any existing dwelling units on the site and any Unauthorized Units, as defined in Section 317, occupied by a tenant at any time within the five years preceding application.

(i) For a single-lot project proposing four dwelling units, the fourth dwelling unit shall be constructed in the rear yard pursuant to subsection (d)(3) of this Section 249.94. If the proposed rear-yard unit does not meet the requirements of subsection (d)(3) of this Section 249.94, the project shall be limited to three units. For a project proposing fewer than four dwelling units, up to one unit may be located in the rear yard pursuant to subsection (d)(3) of this Section 249.94.

(ii) Single-lot projects located on Corner Lots shall not construct any units in the rear yard;

(B) Lot-Merger Development Project. A merger of up to three lots and the construction on the resulting lot of at

least nine dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(B) of this Section 249.94 for a three-lot merger project, or at least six dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(B) of this Section 249.94 for a two-lot merger project. A project proposing a lot merger shall not be eligible to construct a rear-yard unit pursuant to subsection (d)(3) of this Section 249.94. A project may not propose a lot merger that would result in a lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley (“through lot”), unless at least one of the lots that will be merged is a through lot. To be eligible to construct a lot merger project in the SUD, the project shall be located in the following:

• (i) an RH-1, RH-1(D), or RH-1(S) District; or

(ii) an RH-2 or RH-3 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard; or

(iii) an RM-1 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;

(C) Group Housing Development Project. A single-lot project pursuant to subsection (c)(4)(A) of this Section 249.94 and a lot-merger project pursuant to subsection (c)(4)(B) of this Section 249.94 may also propose the construction of Group Housing up to the density limits prescribed in subsection (d)(1)(C) of this Section 249.94 for projects located in

RH-1, RH-1(D), or RH-1(S) districts. For projects outside of those districts, the group housing density limit shall be the limits currently permitted under the Planning Code. A project shall not propose both dwelling units and Group Housing bedrooms. Projects proposing Group Housing bedrooms shall not be eligible for condominium subdivision, including but not limited to conversion pursuant to Subdivision Code Section 1396.7;

tricts. For projects outside of those districts, the group housing density limit shall be the limits currently permitted under the Planning Code. A project shall not propose both dwelling units and Group Housing bedrooms. Projects proposing Group Housing bedrooms shall not be eligible for condominium subdivision, including but not limited to conversion pursuant to Subdivision Code Section 1396.7;

(D) Ground Floor Commercial Use. An eligible project under subsection (c)(4)(A)-(C) may also propose ground floor commercial uses, provided that such uses are principally permitted in the applicable use district;

• (5) contains the following bedroom configurations:

(A) for single-lot projects under subsection (c)(4)(A) of this Section 249.94, at least two dwelling units with two or more bedrooms, unless the project proposes the addition of one dwelling unit to a lot with three existing dwelling units, in which case the required bedroom configurations in this subsection (c)(5)(A) shall not apply;

(B) for two-lot merger projects under subsection (c)(4)(B) of this Section 249.94, at least two dwelling units with two bedrooms, or at least one dwelling unit with three bedrooms;

(C) for three-lot merger projects under subsection (c)(4)(B) of this Section 249.94, at least three dwelling units with two bedrooms, or at least two dwelling units with three bedrooms.

(D) The requirements of this subsection (c)(5) may be satisfied by existing dwelling units retained on site. This subsection (c)(5) does not apply to Group Housing projects or to certain Corner Lot projects, as detailed in subsection (d)

• (6) of this Section 249.94;

(6) includes more dwelling units than are existing on the site at the time of application. For the purposes of this subsection (c)(6), an existing dwelling unit includes an Unauthorized Unit, as defined in Planning Code Section 317, that has been occupied by a tenant at any time within the five years preceding application submittal and also includes an Accessory Dwelling Unit, as defined in Planning Code Section 102. Group Housing projects utilizing this Section 249.94 shall provide more bedrooms than are existing on the site at the time of application;

• (7) does not propose the demolition of a building that is:

• (A) located in an Article 10 Historic District;

• (B) listed as a Landmark under Article 10;

• (C) located in an Article 11 Conservation District, where the building has a rating of Category I, II, III or IV;

• (D) listed in or determined eligible for listing in the California Register of Historical Resources individually and/or as a contributor to a historic district; or,

• (E) listed in or determined eligible for listing in the National Register of Historic Places individually and/or as a contributor to a historic district;

(8) complies with the Planning Code and any applicable design guidelines, including but not limited to the provisions of this Section 249.94 and does not seek any variances or exceptions from the Planning Code. Notwithstanding the previous sentence, an eligible project shall strive for consistency with the Residential Design Guidelines to the extent feasible;

(9) complies with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time and as are in effect at the time a complete project application is submitted, except as otherwise specified herein, including but not limited to requirements 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. Notwithstanding the foregoing sentence, if California Government Code Section 66300 becomes inoperative, the project shall comply with the last operative version of Section 66300 before it became inoperative. This subsection (c)(9) does not modify or supersede any other City requirements related to relocation, including but not limited to the requirements of Chapter 37 of the Administrative Code;

(10) the project sponsor certifies under penalty of perjury that at the time of the submittal of their application, the project sponsor has owned the subject lot for a minimum of five years if the site contains two or more dwelling units, or a minimum of one year if the site contains one or fewer dwelling units. Notwithstanding the foregoing sentence, a single-

family home that contains an Unauthorized Unit shall be subject to the one-year requirement. This ownership requirement in this subsection (c)(10) shall be subject to the following:

(A) Eligible Predecessor. 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.

(B) Multiple Ownership. Whenever property proposed for development is jointly owned, owned as common property, or is otherwise subject to multiple ownership, the durational requirements of this subsection (c)(10) must be satisfied by: (i) the majority ownership, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(A); or (ii) the majority ownership of each lot to be merged, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(B).

ship, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(A); or (ii) the majority ownership of each lot to be merged, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(B).

(C) Vacant or Abandoned Property. The ownership requirement in this subsection (c)(10) shall not apply if the property has been registered as a vacant or abandoned building pursuant to Building Code Section 103A.4 et seq. for at least five years preceding the application submittal if the existing site contains two or more dwelling units, or one year preceding application submittal if the site contains one or fewer dwelling units or a single-family home containing an Unauthorized Unit;

(D) The requirements of this subsection (c)(10) shall apply regardless of the legal form of ownership of the property, including but not limited to properties owned by a limited liability company;

(11) the project sponsor certifies under penalty of perjury that the project does not propose the demolition of:

• (A) three or more dwelling units that are or were:

(i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years; or

(ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past five years; or

(iii) rented by lower or very low income households within the past five years; or

• (B) a dwelling unit occupied by a tenant at the time of application; or

(C) a dwelling unit from which a tenant has been evicted under Administrative Code Sections 37.9(a)(8)-(12) or

37.9(a)(14)-(16) within the past five years or a dwelling unit that has been vacated within the past five years pursuant to a Buyout Agreement, pursuant to the requirements of Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed and registered with the Rent Board pursuant to Administrative Code Section 37.9E(h).

(D) For the purposes of this subsection (c)(11) of Section 249.94, “lower or very low income households” shall have the same meaning as in Government Code Section 66300; and

(12) the project sponsor has conducted one meeting prior to or within 20 days of filing a development application. Following submission of a development application, the Planning Department shall not determine a development application under this Section 249.94 to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c)(12) and any additional procedures established by the Planning Department. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C). The Planning Department shall establish additional procedures to administer this subsection (c)(12).

(d) Other Controls.

(1) Density Exceptions. Projects that meet the eligibility criteria in subsection (c) of this Section 249.94 are exempt from residential density limits, calculation of which shall not include any Accessory Dwelling Units permitted under Section 207, as follows:

(A) Single-Lot Density Exception. For projects eligible under subsection (c)(4)(A), up to four dwelling units per lot. Projects on a single Corner Lot may propose the greater of up to six dwelling units per lot or one dwelling unit per 1,000 square feet of lot area;

(B) Lot-Merger Density Exception. For projects eligible under subsection (c)(4)(B), the greater of twelve dwelling units per lot or one dwelling unit per 1,000 square feet of lot area, if the lot is the result of a merger of three lots, or the greater of eight dwelling units per lot or one dwelling unit per 1,000 square feet of lot area, if the lot is the result of a merger of two lots. Projects on a resulting Corner Lot may propose the greater of up to 18 dwelling units per lot or one dwelling unit per 1,000 square feet of lot area for a three-lot merger project, or the greater of up to 12 dwelling units per lot or one dwelling unit per 1,000 square feet of lot area for a two-lot merger project;

(C) Group Housing Density Exception. For both Single-Lot and Lot-Merger Development Projects under subsection (c)(4)(A) or (B), up to one Group Housing bedroom per 415 square feet of lot area in RH-1, RH-1(D), and RH1(S) districts.

(2) Height. Notwithstanding any other provision of this Code, including but not limited to Section 261(b), the height limit for a project that meets the eligibility criteria in subsection (c) of this Section 249.94 shall be 40 feet, if 40 feet is authorized by the Height Map of the Zoning Map. Notwithstanding the foregoing sentence, a project shall comply with the requirements of Section 261(c).

(3) Construction of Rear-Yard Unit. A rear-yard unit shall be a permitted obstruction in the required rear yard under Section 136(c), provided that the project complies with the following standards:

(A) The subject parcel must be at least 2,400 square feet;

(B) The rear-yard unit shall be located at least four feet from the side and rear lot lines and shall not share structural walls with any other structure on the lot;

(C) A minimum 25 feet separation of unobstructed open area shall be provided between the facades of the rear-yard building and the primary building that face each other. Such open area shall comply with the requirements of Section 135(a)-(c);

(D) For the rear-yard unit and units in the primary building that obtain their only Code-complying exposure from the rear yard, 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 subsequent floors. Such open area shall be unobstructed except for fire escapes not projecting more than necessary for safety, and in no case more than four feet six inches; chimneys; and those obstructions permitted in Sections 136(c)(14), (15), (16), (19), (20), and (26);

(E) The rear-yard building height shall be limited to 20 feet measured from existing grade at any given point to either i) the highest point of a finished roof, in the case of a flat roof, or ii) the average height of a pitched roof or stepped roof, or similarly sculptured roof form. The rear-yard building shall not be eligible for any height exemptions in subsection (d)(2) of this Section 249.94 or in Section 260(b); and

(F) Each dwelling unit or group housing bedroom shall have at least 100 square feet of usable open space if private, or 133 square feet if common.

(G) For the purposes of this subsection (d)(3), the unobstructed open area shall be measured from the greatest depth of the rear façade for the primary building and the front façade of the rear-yard building that is closest to the rear yard.

(4) Open Space Requirements for Lot-Merger Projects. For projects eligible under subsection (c)(4)(B) of this Section 249.94, each dwelling unit shall have at least 100 square feet of usable open space if private, or 133 square feet if common.

(5) Minimum Density Requirement on Merged Lots. For lots merged pursuant to subsection (c)(4)(B) of this Section 249.94, any development on the resulting lot shall be subject to the following minimum densities:

(A) six units per lot, if the lot results from a two-lot merger; or

(B) nine units per lot, if the lot results from a three-lot merger.

(6) Additional Requirements for Certain Corner Lot Projects. For projects on Corner Lots that propose at least five units under subsection (c)(4)(A) of this Section 249.94, or at least 15 units for a three-lot merger or at least 10 units for a two-lot merger under subsection (c)(4)(B), the following requirements shall apply:

(A) The height limit shall be 65 feet, notwithstanding any provision to the contrary in the Height Map of the Zoning Map and notwithstanding subsection (d)(2) of this Section 249.94. Compliance with Section 261(c) shall not be required; (B) The basic rear yard requirement shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet;

(C) Each dwelling unit shall have at least 100 square feet of usable open space if private, or 133 square feet if common;

• (D) Group Housing shall not be permitted; and

• (E) The minimum bedroom requirements in subsection (c)(5) of this Section 249.94 shall not apply.

(e) Applicability of Rent Ordinance; Regulatory Agreements.

(1) Sponsors of projects utilizing any of the density exceptions above the base density up to the limits in subsection (d)(1) of this Section 249.94 shall enter into a regulatory agreement with the City subjecting the new units created pursuant to such density exception, except for any required Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”).

(2) The property owner and the Planning Director, or the Director’s designee, on behalf of the City, will execute the Regulatory Agreement, which is subject to review and approval 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 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 in 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 publiclyaccessible website.

(3) At a minimum, the Regulatory Agreement shall contain the following:

(A) A description of the total number of units approved, including the number of units subject to the Rent Stabilization and Arbitration Ordinance and other restricted units, if any, and the location, square footage of dwelling units, and number of bedrooms in each unit;

(B) 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 Section 1954.50 et seq. ). Further, that 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 an exception from residential density limits, or other direct financial contribution or other forms of assistance specified in California Government Code Section 65915 et seq. ;

(C) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and

(D) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement.

(f) Review and Approvals. Notwithstanding any other provision of this Code, the following shall apply to any project that meets the eligibility criteria in subsection (c) of this Section 249.94, irrespective of whether a project is utilizing a density exception to construct units above the applicable density limit in the RH or RM-1 District pursuant to subsection (d)(1) of this Section 249.94:

(1) No conditional use authorization shall be required, including but not limited to the requirements of Sections 303 and 317 of this Code, unless:

(A) a project would demolish any units that are subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code); or

(B) a project requires a conditional use authorization pursuant to Sections 249.77 or 249.92.

(2) Compliance with Section 311 of this Code shall not be required, unless a project would demolish any units that are subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), in which case the requirements of Section 311 shall apply; and

(3) A Notice of Special Restrictions (“NSR”) shall be recorded on the title of any property receiving approval under this Section 249.94. The NSR shall:

(A) Describe the uses, restrictions, and development controls approved under Planning Code Section 249.94, including but not limited to the minimum density restrictions set forth in subsection (d)(5);

(B) State that the NSR runs with the land and is binding on all future owners and successors in interest;

(C) Provide the Planning Department with the ability to enforce the provisions of this Section 249.94;

(D) Describe any other conditions that the Planning Director or Planning Commission deems appropriate to ensure compliance with this Section 249.94; and

(E) Be signed by the City and recorded prior to issuance of the building permit for the project receiving approval under this Section 249.94.

(g) Review of Program. The Planning Department shall include the location and number of units of projects using this Section 249.94 in the Housing Inventory Report. Prior to December 31, 2030, the Planning Department shall prepare a report containing recommendations for modifications to this Section 249.94, including modifications to the boundaries described in subsection (b), to further the goals of the City’s Seventh Housing Element Cycle.

(Added by Ord. 195-23, File No. 230026, App. 9/15/2023, Eff. 10/16/2023; amended by Ord. 41-24, File No. 230808, App. 3/13/2024, Eff. 4/13/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025) AMENDMENT HISTORY

Section heading and divisions (a), (b), (c)(4)(B), (c)(5)(D), (c)(10), (c)(10)(C)-(D), (c)(12), (d)(1)(A)-(B), (d)(3), (d)(3) (C)-(D), (f), and (f)(3)(A) amended; divisions (c)(1) and (c)(4)(A) amended as (c)(1)-(c)(1)(B) and (c)(4)(A)-(c)(4)(A)(ii), respectively; divisions (c)(4)(B)(i)-(iii), (c)(4)(D), (d)(3)(G) added; division (d)(4) deleted; divisions (d)(5)-(6) renumbered as (d)(4)-(5); new divisions (d)(6)-(d)(6)(E) added; Ord. 41-24, Eff. 4/13/2024. Division (e)(2) amended; Ord. 170-25, Eff. 10/6/2025.

SEC. 249.95. 900 KEARNY STREET SPECIAL USE DISTRICT.

(a) Purpose. The 900 Kearny Street Special Use District is intended to facilitate the reuse of the ground and basement floors of 900 Kearny Street, which were previously occupied by a Formula Retail Financial Services Use that vacated the space in 2021.

(b) Location. The 900 Kearny Street Special Use District consists of Assessor’s Block 0176, Lot 011. Its boundaries are shown on Special Use District Map SU01 of the Zoning Map, and consists of the area within a perimeter established by Columbus Street to the east, Jackson Street to the south, and Kearny Street to the west, and adjacent to the Sentinel Building/Columbus Tower to the north.

(c) Controls. Applicable provisions of the Planning Code shall apply to the 900 Kearny Street Special Use District except as otherwise provided in this Section 249.95. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(1) Non-Retail Professional Services Uses shall be permitted on all floors, including the First Story and Basement.

(2) The non-residential use size limits and use size maximums in Sections 121.4 and 810 shall not apply to NonRetail Professional Services Uses.

(3) Arts Activities Uses shall be permitted on all floors.

(4) An enclosed building addition is permitted at the roof level provided it is 1) no more than 735 square feet, 2) no more than 11 feet above the finished roof, and 3) only occupied as an Arts Activities Use, subject to the following provisions. Such a building addition is permitted notwithstanding the bulk limits of Section 270, the sun access

requirements of Section 132.3, the height limit exemptions for the features specified in Section 260(b), and the limit on the horizontal area for the features specified in Section 260(b)(1). However, such a building addition shall be included in the calculations of the horizontal area for any other proposed building additions or features to determine if other such additions or features meet applicable Code requirements.

(Added by Ord. 60-24, File No. 231006, App. 3/27/2024, Eff. 4/27/2024; amended by Ord. 105-24, File No. 240260, App. 5/24/2024, Eff. 6/24/2024)

AMENDMENT HISTORY Division (c)(4) added; Ord. 105-24, Eff. 6/24/2024.

SEC. 249.96. WAWONA STREET AND 45TH AVENUE CULTURAL CENTER SPECIAL USE DISTRICT.

(a) General. A special use district entitled the “Wawona Street and 45th Avenue Cultural Center Special Use District” consisting of Assessor’s Parcel Block No. 2513, Lot No. 026, is hereby established for the purposes set forth below. The boundaries of the Wawona Street and 45th Avenue Cultural Center Special Use District are designated on Sectional Map No. SU13 of the Zoning Map.

(b) Purpose. The purpose of this special use district is to provide for the development of a community center with related educational, cultural, social, entertainment, recreational, and retail uses to serve both the immediate neighborhood and the larger San Francisco community.

(c) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.96. If there is a conflict between other provisions of the Planning Code and this Section 249.96, this Section 249.96 shall prevail.

(1) The following uses and use categories shall be permitted as principal uses on all floors: General Office, Institutional, Retail Sales and Service, Wireless Telecommunications Facility, and Nighttime Entertainment.

(2) The provisions of Planning Code Sections 121.1 (Development of Large Lots, Neighborhood Commercial Districts) and 121.2 (Non-Residential Use Size Limits in Neighborhood Commercial and Neighborhood Commercial Transit Districts) shall not apply.

(3) For the purposes of compliance with Planning Code Section 169 (Transportation Demand Management Program), development projects shall be subject to 30% of the applicable target. All other provisions of Section 169 shall apply.

(4) The applicable height limit shall be 100 feet.

(d) Additional Exceptions. The following exceptions from otherwise applicable requirements of the Planning Code may be appropriate to further the purpose of the Wawona Street and 45th Avenue Cultural Center Special Use District. The Planning Commission may authorize the following exceptions from Planning Code requirements through a Conditional Use Authorization:

(1) Floor Area Ratio. The maximum Floor Area Ratio shall be 7.0:1.

(2) Rear Yard Setbacks. The provisions of Section 134 do not apply, and thus there shall be no required rear yard.

(3) Bulk. The applicable Bulk limits shall be a maximum length of 130 feet and a maximum diagonal of 176 feet, applying at a height of 40 feet and above.

(e) Principal Permitted Use Under the Local Coastal Program. Notwithstanding any other provisions of this Code

or the City and County’s Local Coastal Program Implementation Plan that identify principal permitted, conditional, and other types of uses, within the Wawona Street and 45th Avenue Cultural Center Special Use District, the principal permitted use for the purposes of California Public Resources Code Section 30603(a)(4) shall be Commercial, where, solely for the purposes of this Special Use District, that shall be understood to mean a community center with related educational, cultural, social, office, entertainment, recreational, wireless telecommunications services, and retail uses. The designation of the principal permitted use for the purpose of the Local Coastal Program does not alter the uses permitted on the site under the Planning Code or applicable requirements under the Planning Code to establish such uses.

(Added by Ord. 241-23, File No. 230505, App. 12/13/2023, Eff. 1/13/2024, Oper. 7/11/2024; amended by Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024) AMENDMENT HISTORY

Divisions (c)(4) and (e) added; divisions (d) and (d)(2) amended; Ord. 111-24, Eff. 7/14/2024.

SEC. 249.97. PRIORITY EQUITY GEOGRAPHIES SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Priority Equity Geographies Special Use District (SUD) is hereby established, the boundaries of which are designated on Sectional Maps SU01, SU02, SU07, SU08, SU09, SU10, SU11, SU12, and SU13, of the Zoning Maps of the City and County of San Francisco.

(b) Purpose. The Priority Equity Geographies SUD is comprised of areas or neighborhoods with a higher density of vulnerable populations. The 2022 Update of the Housing Element of the General Plan (2022 Housing Element) identifies several neighborhoods in the City that qualify as Priority Equity Geographies, based on the Department of Public Health’s Community Health Needs Assessment. The 2022 Housing Element encourages targeted direct investment in these areas, and identifies them as requiring improved access to well-paid jobs and business ownership; where the City needs to expand permanently affordable housing investment; where zoning changes must be tailored to serve the specific needs of the communities that live there; and where programs that stabilize communities and meet community needs need to be prioritized. The purpose of the Priority Equity Geographies SUD is to help implement the goals and policies outlined in the 2022 Housing Element.

(c) Controls. In addition to all other applicable provisions of the Planning Code, the specific controls applicable in the Priority Equity Geographies SUD are set forth in Sections 311 and 317.

(Added by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

SEC. 249.98. POTRERO YARD SPECIAL USE DISTRICT.

(a) Location. A Special Use District entitled the Potrero Yard Special Use District (the “SUD”) is hereby established, comprising Lot 001 in Assessor’s Parcel Block 3971 (the “Project site”), located at 2500 Mariposa Street, to facilitate the purpose set forth in subsection 249.98(b).

(b) Purposes. The purpose of the Potrero Yard SUD is to facilitate development of the Potrero Yard Modernization Project by allowing uses beyond San Francisco Municipal Transportation Agency’s growing facility, maintenance, and operational needs, including residential uses and non-residential uses. The Potrero Yard Modernization Project will include the construction and operation of a modern, multi-story, efficient bus maintenance and storage facility equipped to serve the San Francisco Municipal Transportation Agency’s growing and future needs, as well as the construction of highdensity residential development and ground floor commercial space. The controls set forth in this Section 249.98 shall be in addition to the requirements of any agreement between the City and another party for developing and operating uses at the site.

(c) Controls. In addition to controls applicable to the Public District set forth in Planning Code Sections 211 et seq. , applicable provisions of the Planning Code shall apply in the Potrero Yard SUD, except as otherwise provided in this Section 249.98. In the event of a conflict between other provisions of the Planning Code and this Section 249.98, this Section 249.98 shall control.

(d) Uses.

(1) Public Uses. Public Facilities, including Public Transportation Facility and Public Utility Yard, shall be principally permitted uses.

(2) Residential Uses.

(A) Planned Unit Development. Residential Uses shall be authorized as a Planned Unit Development subject to Conditional Use Authorization in accordance with the provisions of Planning Code Sections 303 and 304.

(B) Density. No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each development lot.

(3) Non-Residential Uses. On the first floor, the following non-residential uses shall be principally permitted or conditionally permitted as set forth in Table 838 of Planning Code Section 838, the Urban Mixed Use District Zoning District: all uses within the following use categories: “Sales and Service Category,” “Entertainment, Arts and Recreation Use Category,” “Industrial Use Category,” “Institutional Use Category”; and “Non-Retail Professional Services” use within the “Non-Retail Sales and Services Use Category.” All other uses and use categories in Table 838 shall not be permitted. Commercial Use Characteristics shall be principally permitted or conditionally permitted as set forth in Table 838.

(e) Residential Development Controls.

(1) Usable Open Space. Each dwelling unit shall have access to 80 square feet of private or common usable open space or 54 square feet of publicly accessible usable open space. In the event that Public Facilities or Public Transportation Facilities are constructed on portions of the building above 75 feet in height, the amount of usable open space required for each dwelling unit shall be reduced to 50 square feet of private or common usable open space.

ss to 80 square feet of private or common usable open space or 54 square feet of publicly accessible usable open space. In the event that Public Facilities or Public Transportation Facilities are constructed on portions of the building above 75 feet in height, the amount of usable open space required for each dwelling unit shall be reduced to 50 square feet of private or common usable open space.

(2) Dwelling Unit Mix. Dwelling unit mix requirements shall be those applicable to the Eastern Neighborhoods Mixed Use Districts under Planning Code Section 207.6. Additional dwelling unit mix requirements may be determined by future agreement between the City and another party for developing and operating uses within the SUD.

(3) Affordability. Additional affordability requirements may be determined by future agreement between the City and another party for developing and operating uses within the SUD.

(f) Non-Residential Development Controls. The following controls shall apply to all non-residential uses within this SUD, except for public uses.

(1) Street frontage requirements. The active use requirements in Planning Code subsection 145.1(c)(3) shall apply to non-public uses fronting on Bryant Street, 17th Street, and Hampshire Street.

(2) Transparency requirements. The transparency requirements in Planning Code subsection 145(c)(6) shall apply to frontages with non-public, active uses.

(3) Gates, railings, and grillwork requirements. The gates, railings, and grillwork requirements in Planning Code subsection 145.1(c)(7) shall apply.

(4) Location and operating conditions. Location and operating conditions in accordance with Planning Code Section 202.2 shall apply.

(5) Parking Requirements. Off-street parking is not required for the non-residential uses permitted under subsection 249.98(d)(3).

(g) Building Standards.

(1) Sign Regulations. The provisions of Planning Code Article 6 shall apply to all signs within this SUD. Notwithstanding the foregoing sentence, the following signs are permitted. Such signs shall otherwise conform to the provisions of the Planning Code, and shall require any other applicable approvals, including, if necessary, an encroachment permit under Section 786 of the Public Works Code.

(A) One indirectly illuminated, freestanding sign may be located along Mariposa Street within the public right of way. The aforementioned freestanding sign shall not exceed 15 feet in height, 70 feet in width, and 490 square feet in area on any side. Such freestanding sign shall not project more than four feet into the public right of way.

(B) One window sign displaying the “Muni” logo. Such window sign shall allow no less than 50% transparency and shall have maximum dimensions of 51 feet in width and 24 feet in height.

(2) Streetscape Plan. The streetscape and pedestrian improvement requirements set forth in Planning Code Section 138.1 shall apply. A streetscape plan shall be submitted for review to the Planning Department showing the location, design, and dimensions of all existing and proposed streetscape elements in the public right-of-way directly adjacent to the fronting property, including signage, street trees, sidewalk landscaping, street lighting, site furnishings, utilities,

driveways, and curb lines, and the relation of such elements to proposed new construction and site work on the Project site.

(3) Height and Bulk for portions of the building lower than 75 feet in height. There shall be no bulk, Floor Area Ratio, setback, lot coverage, or rear yard requirements for any uses within the portion of any building below 75 feet in height, as measured from the midpoint of Mariposa Street between Bryant Street and Hampshire Street at the curb level.

(4) Development Standards for portions of the building 75 feet or more in height.

(A) Setbacks. At minimum, setbacks of 60 feet along the 17th Street frontage, and 10 feet along the Bryant Street, Mariposa Street, and Hampshire Street frontages, are required; provided, however, that (i) stairs and elevator penthouses, parapets greater than four feet in height, mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself and its screening, and enclosed vehicular ramps for public uses may be located within the setbacks required in this subsection 249.98(g)(4)(A); and (ii) no setback shall be required for a cumulative total of 180 linear feet or less of building along the Bryant Street, Mariposa Street, and Hampshire Street frontages.

(B) Lot Coverage. Lot coverage between 75 feet and 150 feet in height shall be limited to no more than 50% of the total lot area.

(C) Massing separation above 115 feet in height.

(i) No street-facing portion of the building above 115 feet in height shall have a linear dimension greater than 180 feet in width without it being separated from another mass by the means described in subsection 249.98(4)(C)(ii) below. Further, when located along Bryant Street, Mariposa Street, or the Hampshire Street frontage, such building massing shall not have a linear dimension greater than 155 feet in width.

(ii) Building masses shall be separated by at least 25 feet. Such massing breaks shall take the form of recessing and projecting building elements to provide articulation to the façade. The depth of such massing breaks shall be sufficient to establish a distinguishable and desirable transition between masses. (Added by Ord. 58-24, File No. 231256, App. 3/22/2024, Eff. 4/22/2024)

SEC. 249.99. 30 VAN NESS AVENUE SPECIAL USE DISTRICT.

(a) Purpose. In order to facilitate the development of a residential mixed-use project generally consistent with the policies of the Market and Octavia Area Plan, there shall be the 30 Van Ness Avenue Special Use District, consisting of Assessor’s Parcel Block No. 0835, Lot No. 004. The boundaries of the 30 Van Ness Avenue Special Use District are designated on Sectional Map No. SU07 of the Zoning Map. The 30 Van Ness Avenue Special Use District is subject to Planning Code Section 405, which requires the refund of development fees in situations where a site permit is abandoned, expires, is withdrawn, or is cancelled, such that it will be necessary to obtain a new permit to carry out any new work on the development project.

(b) Applicability. The provisions of this Special Use District shall only apply to a project that meets the following requirements:

(1) a site permit or First Construction Document has been issued for the project, and work thereunder has commenced, prior to August 1, 2024;

(2) the site permit or First Construction Document in subsection (b)(1) has not been affirmatively abandoned with an intent not to resume work thereunder; has not expired; has not been canceled; and/or has not been withdrawn; and

(3) the project is consistent with the applicable provisions of the Planning Code in effect as of August 1, 2024, inclusive of any variance, modifications, or exceptions granted under the Planning Code, including without limitation, any modifications to a project pursuant to Section 206.6.

(c) Controls. Applicable provisions of the Planning Code shall apply to the 30 Van Ness Avenue Special Use District except as otherwise provided in this Section 249.99. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

(d) Inclusionary Housing Requirements. The provisions of Section 415 et seq. as amended or replaced from time to time, shall apply to projects subject to the 30 Van Ness Avenue Special Use District, except as follows:

(1) If a project sponsor elects to pay the affordable housing fee under Section 415.5, the project shall comply with the requirements set forth in Section 415.5(b)(1), except that the applicable percentage shall be 16.4%, and the rate of the fee per square foot shall be the rate applicable as of the effective date of the ordinance in Board File No. 240872, enacting this Section 249.99.

(2) If a project sponsor elects to provide on-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12%. Project sponsors shall ensure that a minimum of 8% of the Affordable Units are affordable to low-income households, 2% of the Affordable Units are affordable to moderate-income households, and 2% of the Affordable Units are affordable to middle-income households.

equirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12%. Project sponsors shall ensure that a minimum of 8% of the Affordable Units are affordable to low-income households, 2% of the Affordable Units are affordable to moderate-income households, and 2% of the Affordable Units are affordable to middle-income households.

(3) If a project sponsor elects to provide off-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.7, except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 16.4%. Project sponsors shall ensure that a minimum of 9.4% of units are affordable to low-income households, 4% are affordable to moderate-income households, and 3% are affordable to middle-income households.

(4) The provisions of Section 415B shall not apply to projects in this 30 Van Ness Special Use District.

(5) For a project that has elected to pay the affordable housing fee pursuant to subsection (d)(1), the project shall be entitled to receive a waiver against all or a portion of such affordable housing fee. The amount of such waiver shall be calculated as follows: (i) the sum of Article 4 development impact fees paid by the project prior to the effective date of this ordinance; less (ii) 67% of the sum of the applicable Article 4 development fees where such fees are calculated using the fee rates in effect on May 21, 2020; and less (iii) the amount of interest accrued at a rate of 4.5% per annum, calculated on a daily basis for any partial year, on the fees paid by the project under (d)(5)(i), from the date the fees were paid until the effective date of the aforementioned ordinance. The Planning Director shall calculate the amount of the foregoing waiver. (e) Accessory Parking. The provisions of Section 249.33(b)(10) shall apply to projects in the 30 Van Ness Avenue Special Use District regardless of whether any such project provides 25% or more on-site affordable housing units as defined in Section 415.

(f) Refund of Development Impact Fees. The City shall refund development impact fees under Section 405 if the site permit or First Construction Document in subsection (b)(1) has been affirmatively abandoned with an intent not to resume work thereunder; has expired; has been canceled; and/or has been withdrawn. Any fees to be refunded under Section 405 shall be refunded to the project sponsor within 180 days of the request.

(g) Sunset Provision. This Section 249.99, shall expire by operation of law at the earlier of (1) the City’s refund of development impact fees under Section 405; (2) upon issuance of a Temporary Certificate of Occupancy; or (3) upon issuance of a Certificate of Final Completion by the Department of Building Inspection for the project in subsection (b) (1). Upon expiration of this Section 249.99, the City Attorney is authorized to cause its provisions to be removed from the Planning Code and the Zoning Map.

(Added by Ord. 1-25, File No. 240872, App. 1/31/2025, Eff. 3/3/2025)

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SEC. 250. HEIGHT AND BULK DISTRICTS ESTABLISHED.

(a) In order to carry out further the purposes of this Code, height and bulk districts are hereby established, subject to the provisions of this Article 2.5.

(b) No building or structure or part thereof shall be permitted to exceed, except as stated in Sections 172, 188, and 206 of this Code, the height and bulk limits set forth in this Article for the district in which it is located, including the height limits for use districts set forth in Section 261.

(c) The establishment of these height and bulk districts and the repeal and replacement of special height districts or height limits previously in effect in the City shall in no way be deemed to confer legal noncomplying status upon any building or structure constructed, reconstructed, enlarged, altered or relocated in violation of the height districts or limits previously in effect.

(d) In the case of any apparent inconsistency among requirements of this Code applicable to the same property or development, including but not limited to standards for height, bulk, floor area ratio, setbacks, yards, usable open space and dwelling unit density, the most restrictive of such requirements shall prevail.

(e) The provision of this Article 2.5 shall apply to all properties and developments, both public and private, including those of the City and County of San Francisco.

(f) The requirements of height and bulk districts established by this Article 2.5 shall not apply to buildings and structures on sites for which a redeveloper had been formally selected by the Redevelopment Agency of the City prior to August 26, 1971, for development in a Redevelopment Project Area in accordance with an agreement that specifically committed the City to a height or bulk configuration not consistent with the provisions of this Article for height and bulk districts.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 143-16 , File No. 160687, App. 7/29/2016, Eff. 8/28/2016) AMENDMENT HISTORY

Division (b) amended; Ord. 143-16 , Eff. 8/28/2016.

SEC. 251. HEIGHT AND BULK DISTRICTS: PURPOSES.

In addition to the purposes of this Code as stated in Section 101, these height and bulk districts are established for further purposes of implementing the Urban Design element and other elements of the General Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:

(a) Relating of the height of buildings to important attributes of the City pattern and to the height and character of existing development;

• (b) Relating of the bulk of buildings to the prevailing scale of development to avoid an overwhelming or dominating appearance in new construction;

• (c) Promotion of building forms that will respect and improve the integrity of open spaces and other public areas;

• (d) Promotion of harmony in the visual relationships and transitions between new and older buildings;

• (e) Protection and improvement of important City resources and of the neighborhood environment;

• (f) Conservation of natural areas and other open spaces; and

• (g) Direction of new development to locations that are appropriate in terms of land use and transportation.

(Amended by Ord. 234-72, App. 8/18/72; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY

Introductory material amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 252. CLASSES OF HEIGHT AND BULK DISTRICTS.

The City is hereby divided into classes of height and bulk districts as indicated on the Zoning Map and in this Article 2.5. The original of the sectional maps establishing said districts is on file with the Clerk of the Board of Supervisors under File No. 362-72-2. The height limits for each such district are specified on said map by numerical designations in feet, and the bulk limits are designated thereon by letter symbols referring to the limitations upon the plan dimensions of buildings and structures set forth in Section 270 of this Code.

(Amended by Ord. 234-72, App. 8/18/72)

SEC. 252.1. SPECIAL HEIGHT LIMITS.

Special height limits are provided for the Dolores Heights Special Use District, set forth in Section 241, and the Bernal Heights Special Use District, set forth in Section 242 of this Code. Special height limits may be provided for residential character districts as set forth in Section 244 of this Code and shown on the Zoning Map. (Added by Ord. 32-91, 1/25/91; amended by Ord. 32-96, App. 1/11/96) SEC. 253. [REPEALED.]

(Added by Ord. 443-78, App. 10/6/78; Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

SEC. 253.1. [REPEALED.]

(Added by Ord. 69-87, File No. 115874, App. 3/13/87; amended by Ord. 20-88, App. 1/21/88; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; repealed by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

SEC. 253.2. [REPEALED.]

(Added by Ord. 537-88, App. 12/16/88; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; repealed by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

SEC. 253.3. [REPEALED.]

(Added by Ord. 42-89, App. 2/8/89; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024)

SEC. 253.4. REVIEW OF PROPOSED BUILDINGS AND STRUCTURES EXCEEDING A HEIGHT OF 65 FEET IN THE MISSION STREET NCT DISTRICT.

• (a) Applicability. This Section shall apply to parcels which:

• (1) are located within the 85-X Height and Bulk District;

• (2) are located within the Mission Street NCT Zoning District; and

• (3) have any frontage along Mission Street.

(b) Controls. Frontages along Mission Street are subject to a 15-foot front setback above a height of 65 feet, measured from the front lot line.

(c) Modifications. The Planning Commission may reduce or waive this requirement with Conditional Use Authorization pursuant to Section 303 of this Code.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 254. REVIEW OF PROPOSED BUILDINGS AND STRUCTURES EXCEEDING A HEIGHT OF 35 FEET IN CHINATOWN MIXED USE DISTRICTS.

In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial Districts established by the use provisions of Articles 2 and 8 of this Code, in order to insure

consideration of sun access on adjacent public sidewalk as specified in Section 132.3, whenever a height limit of more than 35 feet is prescribed by the Height and Bulk District in which the property is located, any building or structure exceeding 35 feet shall be permitted only upon approval of a conditional use by the City Planning Commission, according to procedures for conditional use approval in Section 303 of this Code. (Added by Ord. 131-87, App. 4/24/87)

SEC. 260. HEIGHT LIMITS: MEASUREMENT.

(See Interpretations related to this Section.)

(a) Method of Measurement. The limits upon the height of buildings and structures shall be as specified on the Zoning Map, except as permitted by Section 206. In the measurement of height, the following rules shall be applicable:

(1) The point above which such measurements shall be taken shall be as specified as follows.

(A) In the case of either subsection (a)(1)(B) or (C) below, such point shall be taken at the centerline of the building or, where the building steps laterally in relation to a street that is the basis for height measurement, separate points shall be taken at the centerline of each building step.

(B) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, such point shall be taken at curb level on such a street. This point shall be used for height measurement only for a lot depth not extending beyond a line 100 feet from and parallel to such street, or beyond a line equidistant between such street and the street on the opposite side of the block, whichever depth is greater. Measurement of height for any portion of the lot extending beyond such line shall be considered in relation to the opposite (lower) end of the lot, and that portion shall be considered an upward sloping lot in accordance with subsection (a)(1)(C) below, whether or not the lot also has frontage on a lower street.

street and the street on the opposite side of the block, whichever depth is greater. Measurement of height for any portion of the lot extending beyond such line shall be considered in relation to the opposite (lower) end of the lot, and that portion shall be considered an upward sloping lot in accordance with subsection (a)(1)(C) below, whether or not the lot also has frontage on a lower street.

(C) Where the lot slopes upward from a street at the centerline of the building or building step, such point shall be taken at curb level for purposes of measuring the height of the closest part of the building within 10 feet of the property line of such street; at every other cross-section of the building, at right angles to the centerline of the building or building step, such point shall be taken as the average of the ground elevations at either side of the building or building step at that cross-section. The ground elevations used shall be either existing elevations or the elevations resulting from new grading operations encompassing an entire block. Elevations beneath the building shall be taken by projecting a straight line between ground elevations at the exterior walls at either side of the entire building in the same plane.

(D) Where the lot has frontage on two or more streets, the owner may choose the street or streets from which the measurement of height is to be taken, within the scope of the rules stated above.

Where the height limits for buildings and structures are established by this Code, the upper points to be taken for measurement of height shall be as prescribed in the provisions relating to such height limits.

(2) The upper point to which such measurement shall be taken shall be the highest point on the finished roof in the case of a flat roof, and the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form, or any higher point of a feature not exempted under subsection (b) below. For any building taller than 550 feet in height in the S-2 Bulk District, the height of the building shall be measured at the upper point of all features of the building and exempted features in such cases shall be limited to only those permitted in subsection (b)(1)(M) and which are permitted by the Planning Commission according to the procedures of Section 309.

(3) In cases where the height limit is 65 feet or less and a street from which height measurements are made slopes laterally along the lot, or the ground slopes laterally on a lot that also slopes upward from the street, there shall be a maximum width for the portion of the building or structure that may be measured from a single point at curb or ground level, according to the definition of "height," as specified in the following table. These requirements shall not apply to any property to which the bulk limitations in Section 270 of this Code are applicable.

(4) The following requirements shall apply to all parcels within the R-4 Height and Bulk District, at or below 85 feet. In cases where the height limit is 85 feet or less and a street from which height measurements are made slopes laterally

along the lot, or the ground slopes laterally on a lot that also slopes upward from the street, there shall be a maximum width for the portion of the building or structure that may be measured from a single point at curb or ground level, according to the definition of “height” as specified in the following table. These requirements shall not apply to any property to which the bulk limitations in Sections 270 through 270.3 of this Code are applicable.

TABLE 260-1

HEIGHT MEASUREMENT

ON LATERAL SLOPES WHERE

HEIGHT LIMIT IS 65 FEET OR LESS

TABLE 260-2

HEIGHT MEASUREMENT ON LATERAL SLOPES WHERE HEIGHT LIMIT IS BETWEEN 65 AND 85 FEET

(b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this subsection (b) shall be exempt from the height limits established by this Code, in an amount up to but not exceeding that which is specified.

(1) The following features shall be exempt provided the limitations indicated for each are observed; and provided further that the sum of the horizontal areas of all features listed in this subsection (b)(1) shall not exceed 30% of the horizontal area of the roof above which they are situated, or, in C-3 Districts and in the Rincon Hill Downtown Residential District, where the top of the building has been separated into a number of stepped elements to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and provided further that in any R, RC-3, or RC-4 District the sum of the horizontal areas of all such features located within the first 10 feet of depth of the building, as measured from the front wall of the building, shall not exceed 20% of the horizontal area of the roof in such first 10 feet of depth.

As an alternative, the sum of the horizontal areas of all features listed in this subsection (b)(1) may be equal to but not exceed 30% of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property.

Any such sum of 30% heretofore described may be increased to 40% by unroofed screening designed either to obscure the features listed under (A) and (B) below or to provide a more balanced and graceful silhouette for the top of the building or structure.

(A) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the collection of solar or wind energy, and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

(B) Elevator, stair and mechanical penthouses, fire towers, skylights, and dormer windows. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 16 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building. The design of all elevator penthouses in Residential Districts shall be consistent with the “Residential Design Guidelines” as adopted and periodically amended for specific areas or conditions by the Planning Commission. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

The Zoning Administrator may, after conducting a public hearing, grant a further height exemption for an elevator penthouse for a building with a height limit of more than 65 feet but only to the extent that the Zoning Administrator determines that such an exemption is required to meet state or federal laws or regulations. All requests for height exemptions for elevator penthouses located in Residential or Neighborhood Commercial Districts shall be subject to the neighborhood notification requirements of Section 311 of this Code.

• (C) Stage and scenery lofts.

(D) Ornamental and symbolic fea- tures of public and religious buildings and struc- tures, including towers, spires, cupolas, belfries and domes, where such features are not used for human occupancy.

(E) In any C-3 District, the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District, enclosed space related to the recreational, Restaurant, or Bar use of the roof, not to exceed 16 feet in height. In C- 3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead of the height limit.

(F) Rooftop enclosures and screening for features listed in subsections (b)(1)(A) and (B) above that add additional building volume in any C-3 District except as otherwise allowed in the S-2 Bulk district according to subsection (M) below or the Eastern Neighborhoods Mixed Use Districts. The rooftop enclosure or screen creating the added volume:

(i) shall not be subject to the percentage coverage limitations otherwise applicable to this Section 260(b) but shall meet the requirements of Section 141;

(ii) shall not exceed 20 feet in height, measured as provided in subsection (a) above;

(iii) may have a volume, measured in cubic feet, not to exceed three-fourths of the horizontal area of all upper tower roof areas multiplied by the maximum permitted height of the enclosure or screen;

(iv) shall not be permitted within the setbacks required by Sections 132.1, 132.2, and 132.3;

• (v) shall not be permitted within any setback required to meet the sun access plane requirements of Section 146; and

(vi) shall not be permitted within any setback required by Section 261.1.

(G) In any C-3 District except as otherwise allowed in the S-2 Bulk district according to subsection (M) below, vertical extensions to buildings, such as spires, which enhance the visual appearance of the structure and are not used for human occupancy may be allowed, pursuant to the provisions of Section 309, up to 75 feet above the height otherwise allowed. The extension shall not be subject to the percentage coverage limitations otherwise applicable to this subsection, provided that the extension is less than 100 square feet in cross-section and 18 feet in diagonal dimension.

(H) In the Rincon Hill Downtown Residential District, enclosed space related to the recreational use of the roof, not to exceed 16 feet in height.

(I) In the Rincon Hill Downtown Residential District, additional building volume used to enclose or screen from view the features listed under Subsections (b)(1)(A) and (b)(1)(B) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this subsection but shall meet the requirements of Section 141, shall not exceed 10 percent of the total height of any building taller than 105 feet, shall have a horizontal area not more than 85 percent of the total area of the highest occupied floor, and shall contain no space for human occupancy. The features described in (b)(1)(B) shall not be limited to 16 feet for buildings taller than 160 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this Subsection.

f any building taller than 105 feet, shall have a horizontal area not more than 85 percent of the total area of the highest occupied floor, and shall contain no space for human occupancy. The features described in (b)(1)(B) shall not be limited to 16 feet for buildings taller than 160 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this Subsection.

(J) In the Van Ness Special Use District, additional building volume used to enclose or screen from view the features listed under Subsections (b)(1)(A) and (b)(1)(B) above and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this Subsection, but shall meet the requirements of Section 141 and shall not exceed 10 feet in height where the height limit is 65 feet or less or 16 feet where the height limit is more than 65 feet, measured as provided in Subsection (a) above, and may not exceed a total volume, including the volume of the features being enclosed, equal to ¾ of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 10 where the height limit is 65 feet or less or times 16 where the height limit is more than 65 feet.

(K) In the Northeast China Basin Special Use District, light standards for the purpose of lighting the ballpark. (L) In the C-3-G District, on sites fronting on Van Ness Avenue in the 120-X height district, additional building volume used to enclose or screen from view the features listed under subsections (b)(1)(A) and (b)(1)(B) above, to allow increased roof height for performance and common space, and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to this subsection (b)(1)(L), but shall meet the requirements of Section 141 and shall not exceed 16 feet in height, measured as provided in subsection (a) above. Buildings that are eligible for this exemption are also eligible for exceptions to any quantitative standards set forth in Article 1.2 of this Code through Section 309 of this Code.

(M) In the Central SoMa Special Use District, additional building volume used to enclose or screen from view the features listed in subsections (b)(1)(A) and (b)(1)(B) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to the building, but shall meet the requirements of Section 141; shall not exceed 10% of the total height of any building taller than 200 feet; shall have a horizontal area not more than 100% of the total area of the highest occupied floor; and shall contain no space for human occupancy. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (M).

lding taller than 200 feet; shall have a horizontal area not more than 100% of the total area of the highest occupied floor; and shall contain no space for human occupancy. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (M).

(N) In any S-2 Bulk District for any building which exceeds 550 feet in height, unoccupied building features including mechanical and elevator penthouses, enclosed and unenclosed rooftop screening, and unenclosed architectural features not containing occupied space that extend above the height limit, only as permitted by the Planning Commission according to the procedures of Section 309 and meeting all of the following criteria:

(i) such elements are demonstrated to not add more than insignificant amounts of additional shadow compared to the same building without such additional elements on any public open spaces as deemed acceptable by the Planning Commission; and

(ii) such elements are limited to a maximum additional height equivalent to 7.5% of the height of the building to the roof of the highest occupied floor, except that in the case of a building in the 1,000-foot height district such elements

are not limited in height, and any building regardless of building height or height district may feature a single spire or flagpole with a diagonal in cross-section of less than 18 feet and up to 50 feet in height in addition to elements allowed according to this subsection (N); and

(iii) such elements are designed as integral components of the building design, enhance both the overall silhouette of the building and the City skyline as viewed from distant public vantage points by producing an elegant and unique building top, and achieve overall design excellence.

(O) In the Van Ness & Market Residential Special Use District and only in the block/lot districts 85-X // 120/365R-2, additional building volume used to enclose or screen from view the features listed in subsections (b)(1)(A) and (b)(1) (B) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to the building, but shall meet the requirements of Section 141; shall not exceed 10 percent of the total height of any building taller than 200 feet; shall have a horizontal area not more than 100 percent of the total area of the highest occupied floor; and shall contain no space for human occupancy that is enclosed or otherwise not open to the sky. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (O).

(2) The following features shall be exempt, without regard to their horizontal area, provided the limitations indicated for each are observed:

• (A) Railings, parapets and catwalks, with a maximum height of four feet.

• (B) Open railings, catwalks and fire escapes required by law, wherever situated.

• (C) Unroofed recreation facilities with open fencing, including tennis and basketball courts at roof level, swimming pools with a maximum height of four feet and play equipment with a maximum height of 10 feet.

• (D) Unenclosed seating areas limited to tables, chairs and benches, and related windscreens, lattices and sunshades with a maximum height of 10 feet.

• (E) Landscaping, with a maximum height of four feet for all features other than plant materials.

• (F) Short-term parking of passenger automobiles, without additional structures or equipment other than trellises or similar overhead screening for such automobiles with a maximum height of eight feet.

• (G) Amusement parks, carnivals and circuses, where otherwise permitted as temporary uses.

• (H) Flagpoles and flags, clothes poles and clotheslines, and weathervanes.

(I) Wireless Telecommunications Services Facilities and other antennas, dishes, and towers and related screening elements, subject to any other applicable Planning Code provisions, including but not limited to applicable design review criteria and Planning Code Section 295.

• (J) Warning and navigation signals and beacons, light standards and similar devices, not including any sign regulated by this Code.

• (K) Public monuments owned by government agencies.

• (L) Cranes, scaffolding and batch plants erected temporarily at active construction sites.

(M) Structures and equipment necessary for the operation of industrial plants, transportation facilities, public utilities and government installations, where otherwise permitted by this Code and where such structures and equipment do not contain separate floors, not including towers and antennae for transmission, reception, or relay of radio, television, or other electronic signals where permitted as principal or conditional uses by this Code.

• (N) Buildings, structures and equipment of the San Francisco Port Commission, where not subject to this Code due to provisions of the San Francisco Charter or State law.

(O) Enclosed recreational facilities up to a height of 10 feet above the otherwise applicable height limit when located within a 65-U Height and Bulk District and an MUO District, and only then when authorized by the Planning Commission as a Conditional Use pursuant to Section 303 of this Code, provided that the project is designed in such a way as to reduce the apparent mass of the structure above a base 50-foot building height.

• (P) Historic Signs and Vintage Signs permitted pursuant to Article 6 of this Code.

(Q) In the Eastern Neighborhoods Mixed Use Districts, enclosed utility sheds of not more than 100 square feet, exclusively for the storage of landscaping and gardening equipment for adjacent rooftop landscaping, with a maximum height of 8 feet above the otherwise applicable height limit.

(R) Hospitals, as defined in this Code, that are legal non-complying structures with regard to height, may add additional mechanical equipment so long as the new mechanical equipment 1) is not higher than the highest point of the existing rooftop enclosure, excluding antennas; 2) has minimal visual impact and maximum architectural integration; 3) is necessary for the function of the building; and 4) no other feasible alternatives exist. Any existing rooftop equipment that is out of service or otherwise abandoned shall be removed prior to installation of new rooftop equipment. (Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 537-88, App. 12/16/88; Ord. 115-90, App. 4/6/90; Proposition B, 3/26/96; Proposition F, 6/3/97; Ord. 276-98, App. 8/28/98; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 269-05, File No. 050496, App. 11/30/2005; Proposition G, 6/3/2008; 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. 252-14 , File No. 141096, App. 12/17/2014, Eff. 1/16/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 143-16 , File No. 160687, App. 7/29/2016, Eff. 8/28/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10//2016, Eff. 12/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 58-18, File No. 180114, App. 4/12/2018, Eff. 5/13/2018; Ord. 29618, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; 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; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Divisions (a)(2), (b)(1)(F), and (b)(1)(G) amended; division (b)(1)(M) added; Ord. 182-12 , Eff. 9/7/2012. Division (b)(2) (S) added; Ord. 252-14 , Eff. 1/16/2015. Division (a)(1) amended; divisions (a)(1)(A)-(D) added; division (b)(2)(I) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1) and (b)(1)(F) amended; Ord. 102-16 , Eff. 7/24/2016. Division (a) amended; Ord. 143-16 , Eff. 8/28/2016. Division (b)(2)(I) amended; Ord. 166-16 , Eff. 9/10/2016. Division (b)(2)(Q) amended; Ord. 217-16, Eff. 12/10/2016. Divisions (b) and (b)(2)(P) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (b) (1), (b)(1)(A), and (b)(1)(L) amended; Ord. 58-18, Eff. 5/13/2018. Divisions (b)(1)(E) and (F) amended; second division (b)(1)(L) added, former division (b)(2)(O) deleted; former divisions (b)(2)(P)-(S) redesignated as divisions (b)(2)(O)-(R); current divisions (b)(2)(O) and (b)(2)(R) amended; Ord. 296-18 , Eff. 1/12/2019. Divisions (b)(1)(B) and (b)(1)(E) amended; second division (b)(1)(L) and division (b)(1)(M) redesignated as (b)(1)(M)-(N); current divisions (b)(1)(M) and

(1)(E) and (F) amended; second division (b)(1)(L) added, former division (b)(2)(O) deleted; former divisions (b)(2)(P)-(S) redesignated as divisions (b)(2)(O)-(R); current divisions (b)(2)(O) and (b)(2)(R) amended; Ord. 296-18 , Eff. 1/12/2019. Divisions (b)(1)(B) and (b)(1)(E) amended; second division (b)(1)(L) and division (b)(1)(M) redesignated as (b)(1)(M)-(N); current divisions (b)(1)(M) and

(b)(1)(N)(ii) amended; Ord. 63-20, Eff. 5/25/2020. New division (b)(1)(N)[1] added; Ord. 126-20 , Eff. 8/31/2020. Second division (b)(1)(N) redesignated as (b)(1)(O); Ord. 136-21, Eff. 9/4/2021. Divisions (b)(1)-(b)(1)(B) and (b)(1)(E) amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (a)(1)(A)-(B), (a)(2) amended; division (a)(4) added; Table 260 amended and redesignated as Table 260-1; Table 260-2 added; Ord. 245-25, Eff. 1/12/2026.

SEC. 261. ADDITIONAL HEIGHT LIMITS APPLICABLE TO CERTAIN RH DISTRICTS.

(See Interpretations related to this Section.)

(a) General. Notwithstanding any other height limit established by this Article 2.5 to the contrary, the height of dwellings in certain use districts established by Article 2 of this Code shall be further limited by this Section 261. The measurement of such height shall be as prescribed by Section 260.

(b) Height Limits Applicable to the Entire Property.

(1) No portion of a dwelling in any RH-1(D), RH-1 or RH-1(S) District shall exceed a height of 35 feet, except that:

(A) The permitted Height of a Building, as defined in Section 102, shall be increased to 40 feet, as measured at

curb per Section 260, where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof;

(B) The permitted height shall be reduced to 30 feet where the average ground elevation at the rear line of the lot is lower by 20 or more feet than at the front line thereof; and

(C) The permitted height shall be reduced to 25 feet where the average ground elevation at the rear line of the lot is lower by 40 or more feet than at the front line thereof.

(2) No portion of a dwelling in any RH-2 District shall exceed a height of 40 feet, except that the permitted height shall be reduced to 35 feet where the average ground elevation at the rear line of the lot is lower by 20 or more feet than at the front line thereof.

(c) Height Limits Applicable to Front Portion of the Property. Except in cases where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof, the following additional height limits shall apply to the front portion of properties containing dwellings in all RH-1(D), RH-1, RH-1(S) and RH-2 Districts:

(1) Basic Requirement. The height limit shall be 30 feet at the front lot line or, where the lot is subject to a legislated setback line or required front setback as described in Section 131 or Section 132 of this Code, then at such setback; and shall increase at an angle of 45 degrees from the horizontal toward the rear of the lot until the height limit prescribed by Subsection (b) above is reached.

sic Requirement.** The height limit shall be 30 feet at the front lot line or, where the lot is subject to a legislated setback line or required front setback as described in Section 131 or Section 132 of this Code, then at such setback; and shall increase at an angle of 45 degrees from the horizontal toward the rear of the lot until the height limit prescribed by Subsection (b) above is reached.

(2) Increase Based Upon Conditions on Adjacent Lots. At the front wall of the building, and at every vertical cross-section of the building, parallel to the front lot line, to which the limit prescribed by Paragraph (c)(1) above is applicable, said limit shall be increased to the average of the heights of the two adjacent buildings measured in the same vertical plane; or, if there is only one adjacent building, then to the height of the one adjacent building measured in the same vertical plane. For purposes of this provision, an adjacent building shall mean a building on a lot adjoining the subject lot along a side lot line.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Division (b)(1)(A) amended; Ord. 56-13 , Eff. 4/27/2013. Division (b)(1)(A) amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 261.1. ADDITIONAL HEIGHT LIMITS FOR NARROW STREETS AND ALLEYS IN, R, RTO, NC, NCT, AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

(See Interpretations related to this Section.)

(a) Purpose. The intimate character of Narrow Streets, as defined in subsection (b), and Alleys is an important and unique component of the City and certain neighborhoods in particular. The scale of these streets should be preserved to ensure they do not become overshadowed or overcrowded. Heights along Alleys and Narrow Streets are hereby limited to provide ample sunlight and air, as follows:

(b) Definitions.

(1) "Narrow Street" shall be defined as a public right of way less than or equal to 40 feet in width, or any mid-block passage or alley that is less than 40 feet in width created under the requirements of Section 270.2.

(2) “Subject Frontage” shall mean:

(A) any building frontage in an RH-1(D), RH-1, or RH-1(S) District that abuts a Narrow Street and is more than 20 feet from an intersection with a street wider than 40 feet; or

(B) any building frontage in an RH-2, RH-3, RM, RTO, NC, NCT, Van Ness & Market Residential Special Use District, or Eastern Neighborhood Mixed Use District that abuts a Narrow Street and that is more than 60 feet from an intersection with a Street wider than 40 feet.

(3) "East-West Narrow Streets" shall mean all Narrow Streets, except those created pursuant to Section 270.2, that are oriented at 45 degrees or less from a true east-west orientation or are otherwise named herein: Elm, Redwood, Ash, Birch, Ivy, Linden, Hickory, Lily, Rose, Laussat, Germania, Clinton Park, Brosnan, Hidalgo, and Alert Streets.

(4) “North-South Narrow Streets” shall mean all Narrow Streets, except those created pursuant to Section 270.2, that are oriented at 45 degrees or less from a true north-south orientation.

(5) Streets in the South of Market area that are perpendicular to Market Street are considered North-South Streets, and streets that are parallel to Market Street are considered East-West Streets.

(c) Applicability. The controls in this Section shall apply in all RH, RM, RTO, NC, NCT, the Van Ness & Market Residential Special Use District, and Eastern Neighborhoods Mixed Use Districts, except in the Bernal Heights Special Use District. Notwithstanding the foregoing, in the CS Bulk District these controls shall only apply on certain frontages as described in Section 270(h).

(d) Controls.

(1) General Requirement. Except as described below, all Subject Frontages shall have upper stories set back at least 10 feet at the property line above a height equivalent to 1.25 times the width of the abutting Narrow Street. Buildings of two stories above grade may be built without a second-story setback, regardless of the width of the street.

(2) Southern Side of East-West Narrow Streets. All Subject Frontages on the southerly side of an East-West

Narrow Street shall have upper stories which are set back at the property line such that they avoid penetration of a sun access plane defined by an angle of 45 degrees extending from the most directly opposite property line (as illustrated in Figure 261.1A.) No part or feature of a building, including but not limited to any feature listed in Section 260(b), may penetrate the required setback plane.

(3) Narrow Streets Controls Within the Central SoMa SUD.

(A) Notwithstanding subsection (d)(1) above, buildings of 65 feet or more in height shall not be subject to the 10foot setback requirement, but instead shall be subject to the Apparent Mass Reduction controls of Section 270(h).

(B) Frontages on the westerly side of a North-South Narrow Street shall meet the sun access plane requirements of subsection (d)(2) above.

(4) Mid-block Passages. Subject Frontages abutting a mid-block passage provided pursuant to the requirements of Section 270.2 shall have upper story setbacks as follows:

(A) for mid-block passages between 20 and 30 feet in width, a setback of not less than 10 feet above a height of 25 feet.

(B) for mid-block passages between 30 and 40 feet in width, a setback of not less than 5 feet above a height of 35 feet.

Figure 261.1A

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 85-10, File No. 091271, App. 4/30/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

AMENDMENT HISTORY

Section header amended; division (b)(4) added; divisions (c), (d)(1), and (d)(2) amended; former division (d)(3) redesignated as division (d)(4) and amended; new divisions (d)(3)-(d)(3)(B) added; Ord. 296-18, Eff. 1/12/2019. Divisions (a), (c), (d)(1), and (d)(2) amended; division (b)(2) redesignated as (b)(2)- (b)(2)(B) and amended; Ord. 206-19, Eff. 10/14/2019. Divisions (b)(2)(B) and (c) amended; Ord. 126-20, Eff. 8/31/2020. Division (b)(5) added; divisions (d)(2) and (d)(3)-(d)(3)(B) amended; Ord. 47-21, Eff. 5/17/2021.

SEC. 261.2. ADDITIONAL HEIGHT LIMITS FOR THE FOLSOM STREET NCT DISTRICT.

(a) Purpose. Folsom Street is intended to be the main street of the Western SoMa neighborhood, with neighborhoodserving uses and a high-quality pedestrian environment. As such, it is important to allow for appropriate development heights while also maximizing light and air to the sidewalks, parks, plazas, and frontages along the street.

(b) Controls. In the Folsom Street NCT District, any portion of a building above 55 feet in height shall be set back at least 15 feet from any property line fronting Folsom Street, except for those features listed in Section 260(b) of this Code. (Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013)

SEC. 261.3. ADDITIONAL HEIGHT LIMITS FOR THE JAPANTOWN NC DISTRICT.

(a) Purpose. Buchanan Street between Post Street and Sutter Street is a pedestrian-only thoroughfare lined with both neighborhood- and regional-serving retail uses. This block of Buchanan Street contains seating areas and culturally significant street furnishings, such as lighting and fountains. As such, it is important to allow for appropriate development heights while also maximizing light and air to the street.

(b) Controls. Along Buchanan Street between Post Street and Sutter Street, the portion of any building above 35 feet in height shall be set back one foot in height from the front property line for every foot above 35 feet, except for those exemptions listed in Section 260(b) of this Code.

(Added by Ord. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016)

SEC. 262. ADDITIONAL HEIGHT LIMITS APPLICABLE TO SIGNS.

(a) The height limits established by this Article 2.5 shall apply to all signs regulated by this Code, except for Historic Signs and Vintage Signs defined in Section 602, and Historic Movie Theater Projecting Signs and Historic Movie Theater Marquees defined in Section 188(e) of this Code. No sign shall be erected, placed, replaced, reconstructed or relocated except in conformity with the provisions of this Article, whether such sign is freestanding or attached to a building or structure.

(b) The height of signs is also regulated by Article 6 of this Code, and in each case the most restrictive of the applicable height limitations shall prevail, except for Historic Signs, Vintage Signs, Historic Movie Theater Projecting Signs, and Historic Movie Theater Marquees which are exempt from height limits pursuant to Section 260 of this Code. (Amended by Ord. 234-72, App. 8/18/72; Ord. 276-98, App. 8/28/98; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

h case the most restrictive of the applicable height limitations shall prevail, except for Historic Signs, Vintage Signs, Historic Movie Theater Projecting Signs, and Historic Movie Theater Marquees which are exempt from height limits pursuant to Section 260 of this Code. (Amended by Ord. 234-72, App. 8/18/72; Ord. 276-98, App. 8/28/98; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (a) and (b) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 263. HEIGHT LIMITS: SPECIAL EXCEPTIONS.

In the height and bulk districts indicated in the following Sections, buildings and structures exceeding the prescribed height limits may be approved by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code unless otherwise specified herein. Any exceptions granted may be permitted only in the areas specified and only to the extent stated in each Section.

(Amended by Ord. 234-72, App. 8/18/72; Ord. 15-98, App. 1/16/98; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 263.1. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; repealed by Ord. 159-05, File No. 050297, App. 7/1/2005)

SEC. 263.2. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98; repealed by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

SEC. 263.3. [REPEALED.]

(Added by Ord. 234-72, App. 8/18/72; amended by Ord. 15-98, App. 1/16/98; repealed by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012)

SEC. 263.4. SPECIAL EXCEPTIONS; SOUTH, EAST AND WEST OF CHINESE PLAYGROUND.

(a) In the 50-D-1, 80-D-1 and 100-F-1 Height and Bulk Districts as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.

(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:

(1) The height of the building or structure so approved by the Planning Commission shall not exceed 160 feet.

(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m., Standard Time, March 21st to September 21st.

(Added by Ord. 19-84, App. 1/12/84)

SEC. 263.5. SPECIAL EXCEPTIONS; EAST OF CHINESE PLAYGROUND ON NOB HILL.

(a) In the 200-E-2 and 300-E-2 Height and Bulk Districts, as designated on Sectional Map No. 1H of the Zoning Map, height exceptions may be approved by the Planning Commission in appropriate cases as provided herein.

(b) Such height exceptions may be permitted provided that the following criteria in addition to those stated in Section 303(c) are met:

(1) The height of the building or structure so approved by the Planning Commission shall not exceed 320 feet.

(2) The applicant shall demonstrate through solar access studies and shadow studies that the proposed height exceptions would create no additional shading impacts on Chinese Playground from 10:00 a.m. to 4:00 p.m. Standard Time, March 21st to September 21st.

(Added by Ord. 19-84, App. 1/12/84)

SEC. 263.6. SPECIAL HEIGHT EXCEPTIONS: CHINATOWN CORNERS AND PARAPETS.

(a) In the Chinatown Community Business District, the Chinatown Visitor Retail District and the Chinatown Residential Neighborhood Commercial District, height exceptions to 50-foot or 65-foot height districts may be approved for certain features according to procedures for conditional use approval in Section 303 of this Code.

The purpose of allowing the exception is, in the case of corners of buildings, to help define the larger space of the intersection and in the case of parapets to reassert the traditional Chinatown pattern.

(b) In addition to requirements of Section 303, such a height exception may be permitted provided that:

(1) The structure is on a corner lot and the feature exceeding the height limit consists of a decorative pavilion, sculpture or pagoda which does not exceed 150 square feet in size, or

(2) The additional height is for a decorative parapet similar to those existing in the Chinatown area and does not extend more than eight feet above the height limit.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 263.7. SPECIAL HEIGHT EXCEPTIONS: NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.

(a) General. In the 80-120-T and 80-130-T Height and Bulk Districts, as designated on Sectional Maps No. 1H and No. 2H of the Zoning Map, located within the boundaries of the North of Market Residential Special Use District, as designated on Sectional Map No. 1SUb of the Zoning Map, height exceptions may be approved by the City Planning Commission, pursuant to the provisions set forth below, from the base height of 80 feet up to 120 feet in the 80-120-T District and up to 130 feet in the 80-130-T District.

(b) Findings and Purposes. In the 80-120-T and 80-130-T Height and Bulk Districts located within the North of Market Residential Special Use District (NOMRSUD), heights higher than 80 feet would be appropriate in order to effect a transition from the higher downtown heights to the generally lower heights of the existing buildings in the NOMRSUD core area and the Civic Center area and to make more feasible the construction of new housing, provided that development of the site is also consistent with the general purposes of the NOMRSUD as set forth in Section 249.5(b). Because development at heights greater than 80 feet may create pressures on existing affordable housing in the area, it is desirable to ameliorate such pressures by requiring that a portion of the value added to the new development resulting from the granting of a height exception be contributed to a fund established for the purpose of stabilizing, rehabilitating, and retaining existing affordable units in the area.

at heights greater than 80 feet may create pressures on existing affordable housing in the area, it is desirable to ameliorate such pressures by requiring that a portion of the value added to the new development resulting from the granting of a height exception be contributed to a fund established for the purpose of stabilizing, rehabilitating, and retaining existing affordable units in the area.

The amount of contribution shall be a reasonable proportion of the value added to the development as a result of the extra building area enabled by the height exception.

(c) Procedures. Exceptions from the base height of 80 feet shall be permitted, up to 120 feet in the 80-120-T Height and Bulk District, and up to 130 feet in the 80-130-T Height and Bulk District, only upon approval by the City Planning Commission, according to the procedures for conditional use approval set forth in Section 303 of this Code.

(d) Conditions. The Planning Commission shall impose conditions on the approval of applications for conditional use authorization, required pursuant to Section 253 for buildings which exceed 40 feet in height in an R District, if such authorization includes a grant of an exception to the 80-foot base height limit, in order to mitigate the impact that such height exception is likely to have on the existing supply of affordable housing in the area. The condition shall require that the applicant pay a fee to the Controller which shall be deposited in the Citywide Affordable Housing Fund established in Administrative Code Section 10.100-49 (the “Fund”).

(e) Fee. The fee required pursuant to subsection (d) above shall be equal to the sum of $5 times the total gross square footage of floor space located above 80 feet in height as determined by the Zoning Administrator, as shown on the building plans. The fee shall be due and payable prior to the issuance of a temporary certificate of occupancy, unless the project sponsor agrees to and qualifies for participation in an amortized payment program, to be established by the Director of the Mayor’s Office of Housing and Community Development (MOHCD) and the Director of City Planning, such program to be subject to subsequent review and approval by the City Planning Commission and the Board of Supervisors, which program would result in the City receiving an amount equivalent to the value of the contribution at the time the temporary certificate of occupancy is issued.

Director of the Mayor’s Office of Housing and Community Development (MOHCD) and the Director of City Planning, such program to be subject to subsequent review and approval by the City Planning Commission and the Board of Supervisors, which program would result in the City receiving an amount equivalent to the value of the contribution at the time the temporary certificate of occupancy is issued.

(f) Procedure Regarding Temporary Permit of Occupancy. The Superintendent of the Bureau of Building Inspection shall provide notice in writing to the Zoning Administrator at least two business days prior to issuing a temporary permit of occupancy for any building subject to the provisions of this Section. If the Zoning Administrator notifies the Superintendent of the Bureau of Building Inspection within such time that the provisions of this Section have not been complied with, the Superintendent shall deny the temporary permit. If the Zoning Administrator notifies the Superintendent that the provisions of this Section have been complied with or fails to respond within two business days, the temporary permit of occupancy shall not be disapproved pursuant to this Section.

(g) Citywide Affordable Housing Fund. All fees collected by the Controller pursuant to this Section 263.7 shall be deposited in the Fund, but the fees shall be separately accounted for and expended by MOHCD as provided in this Section. All fees collected under this Section and deposited in the Fund shall be used solely to stabilize, rehabilitate, and retain affordable housing in the North of Market Residential Special Use District. No fees collected under this Section may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity except for servicing cost related to participation in the amortized payment program.

(h) Rules and Regulations for Implementation. The Director of MOHCD and the Director of City Planning shall prepare and submit to the Planning Commission and the Board of Supervisors for review and approval such rules and regulations as may be necessary for the implementation of this Section. The Director of MOHCD and the Director of City Planning shall further propose such amendments or additions to the rules and regulations that he or she determines to be necessary. Such amendments and additions shall include periodic revision of the fee to reflect current conditions. (Added by Ord. 165-85, App. 3/28/85; amended by Ord. 31-20, File No. 190458, App. 2/21/2020, Eff. 3/23/2020) AMENDMENT HISTORY

Divisions (d), (e), (g), and (h) amended; Ord. 31-20, Eff. 3/23/2020.

SEC. 263.8. EXCEPTIONS TO HEIGHT LIMITS IN 80-130-F AND 80-130-X HEIGHT AND BULK DISTRICTS.

(a) In the 80-130-F and 80-130-X Height and Bulk District as designated on Sectional Map No. 1H of the Zoning Map, exceptions to the 80 foot height limit up to 130 feet may be approved in appropriate cases in accordance with the provisions of Section 309. The purpose of allowing additional height above 80 feet only as an exception is to ensure that height above 80 feet will not adversely affect the scale of the affected area or block sunlight access to public sidewalks and parks.

• (b) Such height exceptions may be permitted provided that:

• (1) The height of the building or structure does not exceed 130 feet; and

• (2) The additional height will not add significant shadows on public sidewalks and parks; and

• (3) The structure provides an appropriate transition to adjacent higher or lower buildings; and

(4) The additional height of the structure is set back an appropriate distance from the street frontage to maintain continuity of the predominant streetwall on the block.

(Added by Ord. 414-85, App. 9/17/85)

SEC. 263.9. HEIGHT LIMITS: SPECIAL EXCEPTIONS FOR UPPER TOWER EXTENSIONS IN S DISTRICTS.

(a) In S Districts, additional height up to 10 percent of the heights shown on Maps 1H, 2H and 7H of the Zoning Map may be allowed as an extension of the upper tower, provided that the volume of the upper tower as extended is reduced by the percentage shown in Chart C of Section 271 of this Code.

(b) This additional height may be allowed pursuant to the provisions of Section 309 only to the extent it is determined that the upper tower volume is distributed in a way that will add significantly to the sense of slenderness of the building and to the visual interest to the termination of the building, and that the added height will improve the appearance of the sky-line when viewed from a distance, will not adversely affect light and air to adjacent properties, and will not add significant shadows to public open spaces.

(Added by Ord. 414-85, App. 9/17/85; Ord. 51-09, File No. 081620, App. 4/2/2009)

SEC. 263.10. SPECIAL EXCEPTIONS: 200-400-S SPECIAL HEIGHT AND BULK DISTRICT.

In the 200-400-S Special Height and Bulk District as designated for a portion of Assessors Block 3737 on Sectional Map No. 1H of the Zoning Map, heights up to 400 feet may be approved in the manner provided for exceptions in Section 309 if the open space requirements generated by developments in the Special Height and Bulk District are aggregated to create on Assessors Block 3737 a privately owned and maintained urban park, as provided in Section 138, or another type of open space allowed by Section 138 if the standards for an urban park cannot be met because of shadows cast by buildings on other blocks.

(Added by Ord. 414-85, App. 9/17/85) SEC. 263.11. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 296-18 , File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 263.12. SPECIAL HEIGHT EXCEPTIONS: PORTION OF CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.

(a) General. In the 65N-85N Height and Bulk District, as designated on Sectional Map No. 1H of the Zoning Map, located within the boundaries of the Chinatown Residential Neighborhood Commercial District, height exceptions may be approved above the 65-foot base height to a maximum of 85 feet, in accordance with the conditional use procedures and criteria provided in Section 303 of this Code and with the criteria and conditions set forth in subsection (c) below.

(1) When the developer of housing (a Dwelling Unit or Group Housing) agrees to construct 25% of the total units of a housing or mixed use development for persons and families of middle income as defined in Section 401 and such units shall remain affordable to such households for 30 years.

(2) When the developer of housing agrees to construct 10% of the total units of a housing or mixed use development for persons or families of low income as defined in Section 401 and such units shall remain affordable to such households for 30 years.

(3) When floor area at least equal to that permitted above the 65-foot base height will be occupied by medical or social services primarily directed to low-income persons or families and provision of space for such services is included in an approved Institutional Master Plan pursuant to Section 304.5 of this Code.

(b) Findings and Purposes. In this district, heights higher than 65 feet would encourage the construction of additional low-rent dwellings to serve housing and other needs in the City, or provision of services to low-income households provided that the structure does not adversely affect a building identified as having individual architectural and historical significance and is designed to reduce shadows on public sidewalks and parks, to reduce adverse wind impacts to adjacent uses, to provide an appropriate height transition to adjacent higher or lower buildings, and to otherwise satisfy subsection (c) below and the conditional use criteria of this Code, and would benefit the public.

(c) Conditions.

(1) The Planning Commission shall impose conditions on the approval of additional height pursuant to this subsection (c) to mitigate the impact that such height may have on adjacent uses and property and to assure the enforceability and enforcement of housing affordability and use provisions, which shall include, but need not be limited to, a requirement that each housing unit of an approved structure remain affordable to households of low or middle income for a period of not less than 30 years from the date of the first recording of a deed of trust provided that such unit is in conformity with subsection (c)(2) below and Section 413.

ement of housing affordability and use provisions, which shall include, but need not be limited to, a requirement that each housing unit of an approved structure remain affordable to households of low or middle income for a period of not less than 30 years from the date of the first recording of a deed of trust provided that such unit is in conformity with subsection (c)(2) below and Section 413.

(2) The permit applicant shall designate housing units, which may be above or below the 65-foot base height limit, which shall be affordable to those households specified in subsection (a). Prior to the issuance by the Director of the Department of Building Inspection of a site or building permit to construct any designated unit subject to this Section 263.12, the permit applicant shall notify the Director of Planning and the Director of Property in writing whether the unit will be an owned or rental unit as defined in Section 401 of this Code.

(3) Within 60 days after the issuance by the Director of the Department of Building Inspection of a site or building permit for construction of any unit intended to be an owned unit, the Director of Planning shall notify the City Engineer in writing identifying the intended owned unit, and the Director of Property shall appraise the fair market value of such unit as of the date of the appraisal, applying accepted valuation methods, and deliver a written appraisal of the unit to the Director of Planning and the permit applicant. The permit applicant shall supply all information to the Director of Property necessary to appraise the unit, including all plans and specifications.

(4) Each designated unit shall be subject to the provisions of Section 413 of this Code. For purposes of this subsection (c) and the application of Section 413 of this Code to designated units constructed pursuant to this subsection (c), the definitions set forth in Sections 401 and 413 shall apply.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019) AMENDMENT HISTORY Divisions (a)-(a)(2), (b), and (c)(1)-(c)(4) amended; Ord. 208-19, Eff. 10/21/2019.

SEC. 263.13. SPECIAL EXCEPTIONS: 40-65-J SPECIAL HEIGHT AND BULK DISTRICT.

(a) In order to provide additional housing opportunities for lower and very low income households, in the 40-65-J Special Height and Bulk District as designated for Lot 6 of Assessor's Block 5419 on Sectional Map 10SU of the Zoning Map, exceptions to the 40-foot base height limit up to 65 feet may be approved in appropriate cases in accordance with the conditional use procedures and criteria set forth in Section 303 of this Code and subject to the criteria set forth in Subsection (b) below.

• (b) Such height exceptions may be permitted provided that:

• (1) The height of the building or structure does not exceed 65 feet; and

• (2) The use of the building or structure for which the additional height is sought is residential; and

(3) With the exception of the manager's unit, all dwelling units to be located on floors above 40 feet in height are rental units which are affordable to households of lower or very low income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code, until termination or expiration of the affordability restrictions, if any, imposed on the subject property by the U.S. Department of Housing and Urban Development and the City and County of San Francisco. (Added by Ord. 406-96, App. 10/21/96)

SEC. 263.14. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHT IN THE ALEXANDRIA THEATER SPECIAL USE DISTRICT.

In the 40-X Height and Bulk District, as designated on Section Map HT03 of the Zoning Map, located within the boundaries of the Alexandria Theater Special Use District, height above the maximum height limit may be approved for a residential project in accordance with the procedures and criteria set forth in Section 249.4. (Added by Ord. 73-25, File No. 241198, App. 5/16/2025, Eff. 6/16/2025)

(Former Sec. 263.14 added by Proposition F, 6/3/97; repealed by Proposition G, 6/3/2008)

SEC. 263.15. SPECIAL HEIGHT AND BULK EXCEPTIONS: SCOTT STREET SENIOR HOUSING SPECIAL USE DISTRICT.

(a) General. In the Scott Street Senior Housing Special Use District, located on Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor's Block 681, as designated on Sectional Map No. 2H of the Zoning Map, located within the boundaries of the 50-X/70-J and 65-A/70-J Height and Bulk Districts, exceptions to the 50-X and 65-A limits up to a maximum of 70-J limits may be approved in accordance with the conditional use procedures and criteria provided in Section 303 of this Code and the criteria and conditions set forth below.

(b) Seniors Use and Affordability. In determining whether to allow exceptions under this Section, the Planning Commission shall, in addition to the criteria set forth in Section 303(c) of this Code, consider the extent to which the project seeking the exception would include units for seniors housing, and the extent to which such units would be affordable.

(Added by Ord. 473-97, App. 12/23/97)

SEC. 263.16. SPECIAL HEIGHT AND BULK EXCEPTIONS; FOURTH AND FREELON STREETS SPECIAL USE DISTRICT.

(a) In order to provide additional housing opportunities for low- and lower-income households, in the Fourth and Freelon Special Use District established pursuant to Section 249.23 of this Code and within the boundaries of the 50/85-X Height and Bulk District as designated on Sectional Map 1H of the Zoning Map of the City and County of San Francisco,

an exception to the 50 foot base height limit up to 85 feet may be approved by the Planning Commission in accordance with Subsection (j) of Section 249.23 of this Code.

(b) An applicant seeking approval within one year of the effective date of this ordinance pursuant to Section 249.23(j) shall pay a fee of $10,000 to the San Francisco Planning Department. If time and materials exceed $10,000, the applicant shall also pay those costs. After one year, the fee shall be governed by the fees set forth for conditional use authorization. (Added by Ord. 27-03, File No. 020549, App. 2/28/2003)

SEC. 263.17. SPECIAL HEIGHT EXCEPTION: HAIGHT STREET SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.

(a) General. In the Haight Street Senior Affordable Housing Special Use District, located on Lots 11 and 14 in Assessor's Block 1234, as designated on Sectional Map No. 7H of the Zoning Map, located within the boundaries of the 40-X Height and Bulk District, exception to the 40-X limit up to a maximum of 60-X limit may be approved in accordance with the conditional use procedures and criteria provided in Section 303 of this Code, and the criteria and conditions set forth below.

(b) Seniors Use and Affordability. In determining whether to allow exceptions under this Section, the Planning Commission shall, in addition to the criteria set forth in Section 303(c) of this Code, consider the extent to which the project seeking the exception would include units for seniors housing, and the extent to which such units would be affordable.

(Added by Ord. 50-03, File No. 030156, App. 4/3/2003)

SEC. 263.18. SPECIAL HEIGHT AND BULK DISTRICT: TRANSBAY DOWNTOWN RESIDENTIAL DISTRICT.

Development controls, including height and bulk, in the "TB" bulk district are governed by the Development Controls and Design Guidelines for the Transbay Redevelopment Project document and companion documents as part of the Transbay Redevelopment Plan as approved by the Planning Commission on December 9, 2004 and January 13, 2005. Building heights, locations, setbacks, and bulk limits are specifically established in these documents. Building heights associated with bulk designation "TB" on Sectional Map No. 1H of the Zoning Map are generalized, and describe a range of building heights per block, with the largest number describing the maximum tower height per block, and the smallest number describing the lowest maximum building height per block.

(Ord. 94-06, File No. 050182, App. 5/19/2006)

Editor's Note:

After the addition of this section to the Code, Ord. 72-08, approved 4/30/2008, enacted a new section with the same number as this section. That new section was redesignated 263.20 by the editor.

SEC. 263.19. HEIGHT LIMITS: PERMITTED TOWER HEIGHTS IN THE R BULK DISTRICTS.

(a) This Section 263.19(a) shall apply to R Bulk Districts, except for the R-4 Height and Bulk District.

(1) Intent. The general development concept for R Bulk Districts is of podium buildings that vary from 65 to 170 feet in height depending on the district and location, with adequately spaced slender towers up to 650 feet in height rising above the podium buildings.

(2) Maximum Height Controls for Podiums and Towers. In the R, R-2, and R-3 bulk districts as designated on Sectional Map No. HT01, HT02, and HT07 of the Zoning Map, maximum permitted building heights for both podiums and towers are expressed as two numbers separated by a slash. The number preceding the slash represents the height limit for podium buildings. The number following the slash represents the height limit for towers. No building may exceed the podium height limit except for towers meeting the bulk and tower spacing controls established in Section 270(e) and (f).

(3) Maximum Height Controls for Podiums and Towers in the R-2 Bulk District and the Van Ness & Market Residential Special Use District. In the R-2 bulk district and within the Van Ness & Market Residential Special Use District, maximum permitted building heights for both podiums and towers are expressed as two sets of numbers separated by a double slash in the format described above, in subsection (a)(2). Each set of numbers represents the maximum heights for podium and tower applicable to the parcel and as regulated per subsection (a)(2) above as follows: The first set of numbers represents the principally permitted height limits for the parcel, both for the podium and for the tower. The second set of numbers after the double slash represents the maximum height limits for podium and tower that can be granted by the Planning Commission for that parcel through an exception pursuant to the procedures and findings of Section 309(a)(17).

(b) This Section 263.19(b) shall apply to the R-4 Height and Bulk District.

(1) Intent. The general development concept for the R-4 Height and Bulk District is for buildings that vary in height depending on the location, and in some locations providing for adequately spaced slender towers rising above the podiums of lower height(s). In addition to establishing bulk controls for all buildings in the district as further described in Section 270(i), the R-4 district implements the Housing Choice-San Francisco (HC-SF) program by providing for a secondary height limit for projects using the HC-SF Program per Section 206.10.

(2) Maximum Height Controls for the HC-SF Program. In the R-4 Height and Bulk District, as designated on Sectional Maps Nos. HT01, 02, 03, 04, 05, 06, 07, 11, 12, and 13 of the Zoning Map, the permitted building heights are expressed as two sets of numbers separated by a double slash. Preceding the double slash is the permitted building height limit for projects not using the HC-SF Program. Following the double slash is the height limit for projects using the HCSF Program per Section 206.10. Where there is a set of two numbers separated by a single slash, the number preceding the single slash is the maximum height for podium buildings and the number following the single slash is the maximum tower height subject to the bulk and tower spacing controls of Section 270(i).

The following represents an example of height limits subject to both podium and tower controls, and high limits for projects not using the HC-SF Program and projects using the HC-SF Program.

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Section header and divisions (a) and (b) amended; division (c) added; Ord. 126-20, Eff. 8/31/2020. Section header amended; divisions (a)- (c) redesignated as (a)(1)-(3) and amended; new divisions (a), (b)-(b)(2) and image added; Ord. 245-25, Eff. 1/12/2026.

SEC. 263.20. SPECIAL HEIGHT EXCEPTION: ADDITIONAL FIVE FEET HEIGHT FOR ACTIVE GROUND FLOOR USES IN CERTAIN DISTRICTS AND ALL GROUND FLOOR USES IN THE R-4 HEIGHT AND BULK DISTRICT.

(a) Intent. In order to encourage generous ground floor ceiling heights for commercial and other active uses, encourage additional light and air into ground floor spaces, allow for walk-up ground floor residential uses to be raised slightly from sidewalk level for privacy and usability of front stoops, and create better building frontage on the public street, up to an additional 5' of height is allowed along major streets in NCT districts, or in specific districts listed below, for buildings that feature either higher ground floor ceilings for non-residential uses or ground floor residential units (that have direct walk-up access from the sidewalk) raised up from sidewalk level.

(b) Applicability. The special height exception described in this Section 263.20 shall only apply to projects that meet both of the following criteria:

(1) project is located in a 30-X, 40-X, or 50-X Height and Bulk District, or in the R-4 Height and Bulk District with a height limit of 40, 50, or 80 feet, as designated on the Zoning Map;

(2) project features ground floor commercial space or other active use as defined by Section 145.1(b)(2) with clear ceiling heights in excess of ten feet from sidewalk grade, or in the case of residential uses, such walk-up residential units are raised up from sidewalk level.

(c) One additional foot of height, up to a total of five feet, shall be permitted above the designated height limit for each additional foot of ground floor clear ceiling height in excess of 10 feet from sidewalk grade, or in the case of residential units, for each foot the unit is raised above sidewalk grade.

(Added by Ord. 72-08, File No. 071157, App. 4/30/2008; amended by Ord. 5-10, File No. 090319, App. 1/22/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 170-11 , File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; Ord. 226-12 , File No. 120774, App. 10/29/2012, Eff. 11/28/2012; 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. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

[Former] division (b)(2)(D) amended; Ord. 170-11 , Eff. 9/7/2011. Section header and division (b)(1) amended; Ord. 3512 , Eff. 3/22/2012. Division (b)(2)(B) amended; new [now former] divisions (b)(2)(D) and (F) added; former division (b) (2)(D) redesignated as [former] (b)(2)(E); Ord. 92-12 , Eff. 6/20/12. Section header and division (a) amended; new [now former] divisions (b)(2)(G), (H), (I), and (J) added; Ord. 175-12 , Eff. 9/6/2012. Division (b)(2)(B) amended; division (c) diagram replaced; Ord. 226-12 , Eff. 11/28/2012. Graphical material amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b) (2) and (b)(2)(B) amended; former division (b)(2)(C) deleted; former divisions (b)(2)(D), (E), and (F) redesignated as (b) (2)(C), (D), and (E); former division (b)(2)(G) redesignated as (b)(2)(F) and amended; former divisions (b)(2)(H), (I), and (J) deleted; Ord. 261-13 , Eff. 12/27/2013. Division (b)(2)(B) amended; Ord. 227-14 , Eff. 12/13/2014. Division (b)(2)(B) amended; Ord. 229-15 , Eff. 1/21/2016. Section header and divisions (b)- (b)(1) amended; divisions (b)(2)-(b)(2)(F) and (b)(4)-(6) deleted; division (b)(3) redesignated as (b)(2); Ord. 245-25, Eff. 1/12/2026. Editor's Notes:

Ordinance 72-08, approved 4/30/2008, enacted new sections designated 263.18 and 263.20. The editor redesignated those two sections as this Sec. 263.20 and Sec. 263.22, respectively.

This section subsequently has been amended under its current number by multiple ordinances, as documented in the history note above.

After the addition of this section to the Code, Ord. 200-08, approved 8/22/2008, enacted a new section with the same number as this section. That new section was redesignated and codified as Sec. 263.23 by the editor.

SEC. 263.21. SPECIAL HEIGHT EXCEPTIONS: VERTICAL NON-HABITABLE ARCHITECTURAL ELEMENTS IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

(a) Purpose. In order to allow for vertical architectural elements on large lots which will mitigate the effect of long, monotonous individual buildings and create visual focal points that build upon the architectural tradition and character of an area, certain architectural elements may be excepted from otherwise applicable height limits. The mostly

topographically flat Eastern Neighborhoods, particularly the South or Market, Showplace, and Mission Districts have a strong tradition of larger and longer buildings incorporating vertical architectural elements above the predominant roofline. These vertical elements are proportioned to the building and are generally not visible on the skyline or distant views.

(b) Applicability. This Section shall apply to all projects subject to Section 329 in the Eastern Neighborhoods Mixed Use Districts which are also located in Height and Bulk Districts of 85 feet or less.

• (c) Controls. Additional height for non-habitable architectural building elements, as illustrated in Figure 263.21, may be permitted subject to the 329 procedure for exemptions subject to the following criteria:

• (1) Only one such element shall be permitted per lot;

• (2) Such element shall not exceed 1,000 square feet in gross floor area;

• (3) Such element shall not have a plan dimension greater than 50 feet;

• (4) The height of such element shall not exceed a height equal to 50 percent of the applicable height limit; and

• (5) Such elements shall be consistent with the design, materials and character of the building.

Figure 263.21

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 263.22. SPECIAL HEIGHT EXCEPTIONS: FULTON STREET GROCERY STORE SPECIAL USE DISTRICT 40-X/50-X HEIGHTS DISTRICT.

(a) In the 40-X/50-X Height and Bulk District, as designated on Section Map 2H of the Zoning Map, located within the boundaries Fulton Street Grocery Store Special Use District, height exceptions above the 40-foot base height limit to a maximum of 50 feet may be approved for a project in accordance with the Conditional Use procedures. The criteria for granting such height exceptions shall be those set forth below.

(b) The project must meet all of the criteria and controls of Section 249.34 (Fulton Street Grocery Store Special Use District).

(c) The allowances of Section 263.18(c) providing for additional height shall apply in this Special Use District regardless of whether the criteria in Section 263.18(b)(4) requiring orientation along a right-of-way wider than 40 feet or the criteria of Section 263.18(c) related to the 70-foot depth limitation is met.

(d) The controls of this Section are effective only if a grocery store subject to the requirements of this section is approved by the Planning Commission within five years of the effective date of this ordinance. (Ord. 72-08, File No. 071157, App. 4/30/2008)

Editor's Notes:

This section originally was designated 263.20 when enacted by Ord. 72-08, approved 4/30/2008. The section was redesignated by the editor.

After the addition of this section to the Code, Ord. 248-09, approved 12/3/2008, enacted a new section with the same number as this section. That new section was redesignated 263.22A by the editor.

SEC. 263.22A. [REPEALED.]

(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 263.22 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.

SEC. 263.23. SPECIAL EXCEPTIONS: HUNTERS VIEW SPECIAL USE DISTRICT AND THE 40/65-X HEIGHT AND BULK DISTRICT.

(a) General. In the Hunters View Special Use District and the 40/65-X Height and Bulk District, exceptions to the 40foot base height up to 65 feet may be approved by the Planning Commission, in appropriate cases, as part of a Planned Unit Development, and as provided herein.

(b) Purpose. The San Francisco Housing Authority, in partnership with the San Francisco Redevelopment Agency, proposes to demolish the existing public housing on the Hunters View site and to develop a mixture of public housing, affordable rental and ownership housing, and market-rate housing to replace it. It is anticipated that the project will be developed in multiple phases. Proceeds from the sale of the market rate units will be used to cross-collateralize the construction of the public housing and rental units. In order to achieve a successful program, the density of the Hunters View site will be increased from 267 units to up to 800 units. Due to the difficult topography of the site, such density cannot be achieved without an increase in the height limit for the site.

(c) Height Exceptions. Such height exceptions may be permitted provided that the following criteria, in addition to those stated in Section 303(c), are met:

(1) The height of the building or structure so approved by the Planning Commission does not exceed 65 feet.

(2) The principal use of the building or structure for which the additional height is sought is residential.

(3) The additional height will not add significant shadows on property under the jurisdiction of the Recreation and Park Commission pursuant to Section 295.

(4) The development as a whole, and any building or structure that is over 40 feet, provides an appropriate transition to adjacent higher or lower buildings or structures.

(5) No more than 35% of the gross area of the site will contain buildings or structures exceeding 50 feet in height and no more than 50% of the gross area of the site will contain buildings or structures exceeding 40 feet in height, as measured pursuant to Section 304(d)(6). Building heights in excess of 40 feet shall only be allowed in accordance with a Design for Development or other design guidelines approved by the Planning Commission as a part of a Planned Unit Development. Where such a Design for Development or other design guidelines is approved as part of a Planned Unit Development and provides more stringent restrictions on the amount of site area that can contain buildings over 40 feet than set forth in this subsection (5), the said Design for Development or design guidelines shall govern. (Added by Ord. 200-08, File No. 080691, App. 8/22/2008)

Editor's Note:

This section was originally designated 263.20 when enacted by Ord. 200-08, approved 8/22/2008. The section was redesignated by the editor in order to avoid conflicting with previously existing material.

SEC. 263.24. SPECIAL EXCEPTIONS: CANDLESTICK POINT ACTIVITY NODE SPECIAL USE DISTRICT AND THE CP HEIGHT AND BULK DISTRICT.

(a) Boundaries of the CP Height and Bulk District. The boundaries of the CP Height and Bulk District are set forth in Sectional Maps HT09 and HT010 of the Zoning Map of the City and County of San Francisco. The boundaries of the CP Height and Bulk District correlate with the boundaries of Zone 1 of the Bayview Hunters Point Redevelopment Project Area. A large portion of the Candlestick Point Recreation Area is included in this Height and Bulk District.

(b) Purpose. The purpose of both the Candlestick Point Activity Node Special Use District and the CP Height and Bulk District is to enable development of the Candlestick Point - Hunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, performance venue, and community uses) with

significant public open space and public realm improvements in the Bayview Hunters Point Project Zone 1 area, as provided in the Bayview Hunters Point Redevelopment Plan, as amended, dated August 3, 2010, the Candlestick Point Design for Development document dated June 3, 2010, and the Candlestick Point Subarea Plan of the Bayview Hunters Point Area Plan.

(c) Controls.

(1) In the Candlestick Point Activity Node Special Use District and the CP Height and Bulk District, heights and bulk and definitions applicable thereto will be governed by the Candlestick Point Design for Development document dated June 3, 2010 and the Bayview Hunters Point Redevelopment Plan, as amended, dated August 3, 2010.

(2) Heights within the Candlestick Point State Recreation Area shall be restricted pursuant to the provisions of the Bayview Hunters Point Redevelopment Plan, amended on August 3, 2010, and the Candlestick Point Design for Development document dated June 3, 2010.

(3) Amendments to land use and development controls under the Bayview Hunters Point Redevelopment Plan or to the Candlestick Point Design for Development document dated June 3, 2010 shall be as provided in each of those respective documents.

(Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 263.25. SPECIAL EXCEPTIONS: HUNTERS POINT SHIPYARD PHASE 2 SPECIAL USE DISTRICT AND THE HP HEIGHT AND BULK DISTRICT.

(a) Boundaries of the HP Height and Bulk District. The boundaries of the HP Height and Bulk District are set forth in Sectional Map HT09 of the Zoning Map of the City and County of San Francisco. The boundaries of the HP Height and Bulk District generally correlate with the contiguous boundaries of Phase 2 of the Hunters Point Shipyard development as shown on the Land Use Map attached to the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010 (b) Purpose. The purpose of both the Hunters Point Shipyard Phase 2 Special Use District and the HP Height and Bulk District is to enable development of the Candlestick Point-Hunters Point Shipyard Phase 2 Development Project, a high density, transit-oriented, mixed-use development (housing, retail, office, sports fields and stadium, artist space and other community uses) with significant public open space and public realm improvements, as provided in the Hunters Point Shipyard Redevelopment Plan, as amended, dated August 3, 2010, the Hunters Point Shipyard Design for Development document dated June 3, 2010, and the Hunters Point Shipyard Area Plan. Integral to the intended mixed-use development is the provision of buildings at a variety of heights, ranging from approximately 40 feet to 370 feet tall.

(c) Controls.

(1) In the Hunters Point Shipyard Phase 2 Special Use District and the HP Height and Bulk District, height and bulk and definitions applicable thereto will be governed by the Hunters Point Shipyard Redevelopment Plan, as amended on August 3, 2010, and the Hunters Point Shipyard Phase 2 Design for Development document dated June 3, 2010.

(2) Amendments to land use and development controls under the Hunters Point Redevelopment Plan or to the Hunters Point Shipyard Phase 2 Design for Development document shall be as provided in those respective documents. (Added by Ord. 208-10, File No. 208-10, App. 8/3/2010)

SEC. 263.26. SPECIAL EXCEPTIONS: TREASURE ISLAND/YERBA BUENA ISLAND HEIGHT AND BULK DISTRICT.

(a) Boundaries of the Treasure Island/Yerba Buena Island Height and Bulk District. The boundaries of the Treasure Island/Yerba Buena Island Height and Bulk District are set forth in Sectional Map HT14 of the Zoning Map of the City and County of San Francisco. The boundaries of the Treasure Island/Yerba Buena Island Special Height and Bulk District include all areas of Treasure Island and Yerba Buena Island as shown on Zoning Map ZN14. Any property within the Treasure Island/Yerba Buena Island Special Height and Bulk District owned by the United States Department of Labor, United States Coast Guard, Federal Highway Administration or California Department of Transportation is hereby declared to be in a 40-X height and bulk district unless reclassified in accordance with the provisions of this Code.

d as shown on Zoning Map ZN14. Any property within the Treasure Island/Yerba Buena Island Special Height and Bulk District owned by the United States Department of Labor, United States Coast Guard, Federal Highway Administration or California Department of Transportation is hereby declared to be in a 40-X height and bulk district unless reclassified in accordance with the provisions of this Code.

(b) Purpose. The purpose of both the Treasure Island/Yerba Buena Island Height and Bulk District is to enable development of Treasure Island and Yerba Buena Island as a new high-density, mixed-use, sustainable community consistent with the Objectives and Policies set forth in the Treasure Island/Yerba Buena Island Area Plan, Planning Code Section 249.52 (the Treasure Island/Yerba Buena Island Special Use District) and the Design for Development referenced therein.

(c) Controls.

(1) In the Treasure Island/Yerba Buena Island Height and Bulk District, height and bulk and definitions applicable thereto are governed by Planning Code Section 249.52 (the Treasure Island/Yerba Buena Island Special Use District) and the Treasure Island and Yerba Buena Island Design for Development referenced therein.

(2) Amendments to the height and bulk controls in this Treasure Island/Yerba Buena Island Project Height and Bulk district shall be as provided in Section 249.52.

(Added by Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011)

SEC. 263.27. SPECIAL EXCEPTIONS: EXECUTIVE PARK SPECIAL USE DISTRICT AND THE 65/240 EP HEIGHT AND BULK DISTRICT.

(a) Boundaries of the 65/240 EP Height and Bulk District. The boundaries of the EP Height and Bulk District are set forth in Sectional Map HT10.

(b) Controls. In the 65/240 EP Height and Bulk District, height and bulk limitations are as follows:

(1) There are no bulk limits for portions of buildings below 85 feet in height. Other design requirements pursuant to the Executive Park Design Guidelines, as established by Planning Commission Resolution 18352, including but not limited to design requirements related to modulating building mass, among other topics, shall apply. The Executive Park Design Guidelines are on file with the Clerk of the Board of Supervisors in File No. 110626 and incorporated into this Section by this reference. The Executive Park Design Guidelines also are on file with the Planning Department in File No. 2006.0422EMUTZ.

(2) Conditional Use for buildings taller than 40-feet in an "R" District is not required for lots within this Special Use District.

(3) Height is limited to 65 feet with the following exceptions:

(A) Buildings throughout the 65/240 EP Height and Bulk District may be built an additional three feet in height to

68 feet if the additional three feet in height is added to the ground floor relative to ground floor heights otherwise required by the Planning Code.

(B) Building frontages along Harney Way, or the Harney Way setback line as shown on Figure 263.27(A), and along Alana Way, may be built to 85 feet measured for a depth of 70 feet relative to the front of the buildable area of the lot. Buildings or portions of buildings on any remaining portion of a lot along Harney Way or Alana Way are limited to a height of 65 feet (or 68 feet if otherwise allowed by this section), measured from the upper elevation of the portion of the lot beyond a depth of 70 feet from the front of the buildable area of the lot.

Figure 263.27(A)

(C) Buildings along Executive Park North may be built to 85 feet, measured from the Executive Park North curb for a depth of 70 feet from the front of the buildable area of the lot.

(D) For Assessor's Block 4991, Lot 075, buildings may be built to a height of 85 feet on the portion of the lot identified as new Block "5" as shown in Figure 263.27(A), the northwest corner of which is located approximately 20 feet south of the northwest corner of Assessor's Block 4991, Lot 075.

(4) Towers. Three towers (buildings taller than 85 feet) are allowed within the EP Height and Bulk District as described below:

(A) Tower A:

(B) Tower B:

(C) Tower C:

(Added by 144-11, File No. 110625, App. 7/18/2011, Eff. 8/17/2011)

SEC. 263.28. SPECIAL EXCEPTIONS: SALI DISTRICTS IN THE 40-55-X HEIGHT AND BULK DISTRICT.

(a) Purpose. Arts activities are encouraged in the Western SoMa Planning Area Special Use District, and especially in the SALI District. Therefore, additional development potential is provided in the SALI District when additional space is provided for the exclusive use of arts activities.

(b) Applicability. This Section shall apply to all properties zoned SALI and a Height and Bulk district of 40-55-X.

(c) Controls.

(1) Additional Height Permitted. In SALI Districts in the 40-55-X Height and Bulk District, buildings are limited to a maximum height of 40 feet unless all of the following criteria are met, in which case they may extend to a maximum height of 55 feet:

(A) At least one Story of the Building, as defined in Section 102, located on the First Story or above, as defined in Section 102 under the definition for Story, is designated for the exclusive use of Arts Activities, as defined in Section 102. If the First Story is designed for the use of Arts Activities, it shall also be permitted to contain lobbies, egress, building services, and other features necessary for the operation of the building and permitted uses elsewhere in the building.

(B) Any such story dedicated to arts activities pursuant to Subsections (2) and (3) below, regardless of its location within the building, shall have a minimum floor-to-floor height of 15 feet.

(2) Timing of Designation. In the case of the new construction of a building that extends beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any designated arts activity story shall be established prior to the issuance of a first building permit or along with any associated Planning Commission action, whichever occurs first. In the case of buildings that were constructed prior to the effective date of this Section that would be expanded such that they would extend beyond 40 feet in height, exclusive of permitted obstructions under Section 260(b), any such story shall be designated prior to the issuance of any building permit or along with any associated Planning Commission action, whichever occurs first.

(3) Recordation of Designation. Notice of the designation of the arts activities story shall be recorded as a restriction on the deed of the property along with plans clearly depicting the designated story in relation to the balance of the building. A designated arts activity story may be re-designated to a different story within the same building only if the newly designated story meets the minimum criteria listed above. Such re-designation shall follow all required procedures listed in this Section for the initial designation of an arts activities story. In no case may the designated arts activity story be converted to a use other than arts activity without complete removal of all portions of the building that extend above 40 feet in height, exclusive of permitted obstructions under Section 260(b).

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Division (c)(1)(A) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 263.29. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHTS IN THE WESTERN SOMA SPECIAL USE DISTRICT.

In the 40-X/50-X, 40-X/65-B, 45-X/65-B, 55-X/65-B, and 65-B/75-B Height and Bulk Districts, as designated on Section Maps HT01, HT07, and HT08 of the Zoning Map, located within the boundaries of the Western SoMa Special Use District, but excluding those properties in the SALI District, height exceptions above the base height limit to the maximum height limit may be approved for a project in accordance with the procedures and criteria required for a conditional use authorization as set forth in Sections 303 and 823(c)(12) of this Code. (Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013)

SEC. 263.30. SUNNYDALE HOPE SF SPECIAL USE DISTRICT AND THE 40/65-X HEIGHT AND BULK DISTRICT.

In the Sunnydale HOPE SF Special Use District and the 40/65-X Height and Bulk District, heights are more specifically prescribed on a block-by-block basis pursuant to the Sunnydale HOPE SF Design Standards and Guidelines document as referenced by Planning Code Section 249.75, the Sunnydale HOPE SF Special Use District. The Sunnydale HOPE SF Design Standards and Guidelines also provide specific provisions for height measurement, and exceptions. Where there is

a conflict between such provisions in the Sunnydale Hope Design Standards and Guidelines and those otherwise provided in the Planning Code, the Sunnydale Hope SF Design Standards and Guidelines shall govern. (Added by Ord. 16-17, File No. 161162, App. 2/3/2017, Eff. 3/5/2017)

SEC. 263.31. POTRERO HOPE SF SPECIAL USE DISTRICT AND THE 40/65-X HEIGHT AND BULK DISTRICT.

In the Potrero HOPE SF Special Use District and the 40/65-X Height and Bulk District, heights are more specifically prescribed on a block-by-block basis pursuant to the Potrero HOPE SF Design Standards and Guidelines document as referenced by Planning Code Section 249.76, the Potrero HOPE SF Special Use District. The Potrero HOPE SF Design Standards and Guidelines also provide specific provisions for height measurement, and exceptions. Where there is a conflict between such provisions in the Potrero Hope Design Standards and Guidelines and those otherwise provided in the Planning Code, the Potrero Hope SF Design Standards and Guidelines shall govern. (Added by Ord. 13-17, File No. 161159, App. 2/3/2017, Eff. 3/5/2017)

SEC. 263.32. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHTS IN THE CENTRAL SOMA SPECIAL USE DISTRICT.

(a) Purpose. The provision of affordable housing, public open space, and recreational amenities are encouraged in the Central SoMa Special Use District to achieve the policy objectives of the Central SoMa Plan. To facilitate the creation of these amenities, additional height may be allowed, as long as it does not result in a net increase in development potential for the primary project as set forth in subsection (c), below.

(b) Applicability. This Section shall apply to any project that:

(1) Provides housing units consisting entirely of on-site or off-site Affordable Housing Units as defined in Section 401;

(2) Dedicates land pursuant to Sec. 249.78(e) for housing consisting entirely of Affordable Housing Units as defined in Section 401, which land MOHCD deems suitable for such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria; or

(3) Provides land for publicly-owned parks or publicly-owned recreational amenities, which land the Director of Planning or their designee deems suitable for such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria. (c) Controls. An additional 25 feet of height above the otherwise applicable height limit is permitted for a development project subject to this Section 263.32 without requiring Conditional Use authorization by the Planning Commission only if it meets the following conditions:

(1) The project provides housing units consisting entirely of on-site or off-site Affordable Housing Units pursuant to subsection 263.32(b)(1); or

(2) The project provides land for housing, publicly-owned parks, or publicly-owned recreational amenities pursuant to subsections 263.32(b)(2) or (3). The development capacity of the project receiving a special height exception pursuant to this subsection 263.32(c)(2) shall not be greater than the development capacity achievable without the special height exception.

(3) The additional height shall not cause any new or substantially increased significant impacts that cannot be mitigated to less than significant levels related to wind and shadow that would not have occurred without the additional height, as determined by the Environmental Review Officer.

(4) A project using a special height exception pursuant to this Section 263.32 shall be subject to Sections 132.4 and 270(h), based on the otherwise applicable Height limit for the lot.

(5) A project using a special height exception pursuant to this Section 263.32 may add 25 feet above the otherwise applicable Height limit for purposes of calculating its Apparent Mass Reduction pursuant to Section 270(h).

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (c) amended; second division (c)(2) and divisions (c)(3)-(c)(4) redesignated as (c)(3)- (c)(5); Ord. 63-20, Eff. 5/25/2020.

SEC. 263.33. SPECIAL HEIGHT EXCEPTIONS: VASSAR AND HARRISON STREETS.

• (a) Purpose. To facilitate the provision of increased affordable housing and a large hotel proximate to the Moscone Convention Center.

• (b) Applicability. Assessor’s Block No. 3763, Lots 078, 079, 080, 080A, 081, 099, 100, 101, and 105.

• (c) Controls.

• (1) The applicable lots shall have a base Height limit of 130 feet, except as specified below.

• (2) For development on Assessor’s Block No. 3763, Lot 105, if a project sponsor elects one of the following options, the Height limit shall be 200 feet:

• (A) development of the site for a hotel use, or

(B) development of the site for a residential or combined residential and hotel use, with election of the On-Site Affordable Housing Alternative, or with the voluntary provision of 110% or more of the requirement set forth in Section 415.5 for the subject lot.

(3) For development on Assessor’s Block No. 3763, Lots 078, 079, 080, 080A, 081, 099, 100, and 101, if the project sponsor elects to provide 110% or more of the requirement set forth in Section 415, the Height limit shall be 350 feet.

(4) Conditional use authorization by the Planning Commission shall not be required for use of this special height exception.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 263.34. SPECIAL HEIGHT AND SETBACK EXCEPTIONS: FOURTH AND HARRISON STREETS.

• (a) Purpose. To facilitate the provision of affordable housing or other public benefits.

• (b) Applicability. Assessor’s Block No. 3762, Lots 106, 108, 109, 112, 116, and 117.

• (c) Controls.

• (1) Lots 108, 109, 117, and portions of Lot 116 shall have a base height limit of 85 feet, as shown on Height and Bulk District Map HT01 of the Zoning Map of the City and County of San Francisco.

• (2) Lots 106, 113 and portions of Lots 112 and 116 shall have a base height limit of 130 feet, as shown on Height and Bulk District Map HT01 of the Zoning Map of the City and County of San Francisco.

• (3) For a project that dedicates land for the provision of affordable housing, pursuant to Section 249.78(e)(2) for housing consisting entirely of affordable housing units as defined in Section 401:

• (A) The height limit shall be 160 feet; and

• (B) Notwithstanding Sections 145.1(c)(4) and 249.78(d)(10), non-residential and PDR uses on the ground floor

shall have a minimum floor-to-floor height of 14 feet, measured from the ground floor slab; and

• (C) Notwithstanding the Apparent Mass Reduction controls in Section 270(h)(2), on Lots 106, 108, 109, 112, 116, and 117, the following Apparent Mass Reduction controls shall apply:

• (i) on the building frontage on Harrison Street, the Apparent Mass Reduction requirement is 50%; and

• (ii) on the building frontage on Fourth Street, there is no Apparent Mass Reduction Requirement.

• (4) Conditional use authorization by the Planning Commission shall not be required for use of the exceptions in this Section 263.34.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 263.35. BALBOA RESERVOIR SPECIAL USE DISTRICT AND THE 48/78-X HEIGHT AND BULK DISTRICTS.

In the Balboa Reservoir Special Use District and the 48-X and 78-X Height and Bulk Districts, heights are more specifically prescribed for each Block, as defined in Section 249.90, pursuant to Figure 249.90-2. (Added by Ord. 140-20, File No. 200422, App. 8/28/2020, Eff. 9/28/2020, Oper. 9/28/2020)

SEC. 263.36. STONESTOWN MIXED-USE HEIGHT AND BULK DISTRICT.

(a) Boundaries of the Stonestown Mixed-Use Height and Bulk District. The boundaries of the Stonestown MixedUse Height and Bulk District are set forth in Sectional Map HT13 of the Zoning Map of the City and County of San Francisco and include all areas that are the subject of the Stonestown Special Use District set forth in Planning Code Section 249.9, as shown on Special Use District Map SU13.

(b) Purpose. The purpose of the Stonestown Mixed-Use Height and Bulk District is to enable development of the Stonestown Special Use District as a high-density, mixed-use, sustainable community consistent with the Purposes set forth in Planning Code Section 249.9 and the Stonestown Design Standards and Guidelines (DSG) referenced therein. (c) Controls.

(1) In the Stonestown Mixed-Use Height and Bulk District, height and bulk and definitions applicable thereto are governed by Planning Code Section 249.9 (the Stonestown Special Use District) and the DSG referenced therein.

(2) Amendments to the height and bulk controls in this Stonestown Mixed-Use Height and Bulk District shall be as provided in Section 249.9.

(Added by Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

SEC. 270. BULK LIMITS: MEASUREMENT.

(See Interpretations related to this Section.)

(a) The limits upon the bulk of buildings and structures shall be as stated in this Section 270 (including Sections 270.1, 270.2, and 270.3) and in Sections 271 and 272. The terms Diagonal Dimension, Height, Length, and Plan Dimensions shall be as defined in this Code. In each height and bulk district, the maximum plan dimensions shall be as specified in the following table, at all horizontal cross-sections above the height indicated.

TABLE 270

(b) These limits shall not apply to the buildings, structures and equipment listed in Section 260(b)(2) (K), (L), (M) and

(N) of this Code, subject to the limitations expressed therein.

(c) Maximum plan lengths and diagonal dimensions do not apply to cornices or other decorative projections.

(d) The bulk limits contained in this subsection shall apply in S and S-2 Bulk Districts as designated on Sectional Map Nos. 1H, 2H and 7H of the Zoning Map.

(1) Base. The base is the lowest portion of the building extending vertically to a streetwall height up to 1.25 times the width of the widest abutting street or 50 feet, whichever is more. There are no length or diagonal dimension limitations applicable to the base. The building base shall be delineated from the lower and upper tower and related to abutting buildings by a setback, cornice line or equivalent projection or other appropriate means. In the C-3-O(SD) District additional requirements for building base and streetwall articulation and setbacks are described in Section 132.1.

(2) Lower Tower.

(A) Dimensions. Bulk controls for the lower tower apply to that portion of the building height above the base as shown on Chart B. For buildings of less than 160 feet in height, the lower tower controls are the only bulk controls above the base of the building. The bulk controls for the lower tower are a maximum length of 160 feet, a maximum floor size of 20,000 square feet, and a maximum diagonal dimension of 190 feet.

(B) Additional Bulk for Elevators. Solely in order to accommodate additional elevators required by tall buildings the lower portion (up to the height shown on Chart B) of the lower tower of a building 500 feet tall or taller may be enlarged up to a maximum length of 190 feet, a maximum diagonal dimension of 230 feet and a maximum floor size of up to 25,000 square feet without a corresponding reduction in upper floor size.

(3) Upper Tower.

(A) Dimensions. Upper tower bulk controls apply to buildings taller than 160 feet. They apply to the upper tower portion of a building up to the height shown on Chart B, which height excludes the vertical attachment and other features exempted by Section 260 and excludes the extended upper tower height exceptions provided for in Section 263.7 of this Code. The bulk controls for the upper tower are: a maximum length of 130 feet; a maximum average floor size of 12,000 square feet; a maximum floor size for any floor of 17,000 square feet; and a maximum average diagonal measure of 160 feet. In determining the average floor size of the upper tower, areas with a cross-sectional area of less than 4,000 square feet may not be counted and sculptured architectural forms that contain large volumes of space but no usable floors shall be included in average floor size calculation by computing the cross section at 12.5-foot intervals.

(B) Volume Reduction. When the average floor size of the lower tower exceeds 5,000 square feet, the volume of the upper tower shall be reduced to a percentage of the volume that would occur if the average floor size of the lower tower were extended to the proposed building height. The percentage varies with the bulk of the lower tower and with whether or not a height extension is employed pursuant to Section 263.7 and is shown on Chart C. In achieving the required volume reduction, a setback or change in profile at a specific elevation is not required.

(C) Extensions. Extension of the upper tower above the otherwise allowable height limits may be permitted as provided in Section 263.9.

(D) Termination of the Tower. The top of the tower shall be massed in a manner that will create a visually distinctive roof or other termination of the building facade. Modifications to a proposed project may be required, in the manner provided in Section 309, to achieve this purpose.

(4) Buildings Taller than 650 Feet in the S-2 Bulk District. For buildings taller than 650 feet in height in the S-2 Bulk District, the following controls shall apply in lieu of the controls of subsections (1)-(3):

(A) Lower Tower. There are no bulk controls for the lower tower except as required by Section 132.1. The lower tower for such buildings shall be defined as the bottom two-thirds of the building from sidewalk grade to roof of the uppermost occupied floor.

(B) Upper Tower. The average floor size of the upper tower shall not exceed 75 percent of the average floor size of the lower tower, and the average diagonal dimension shall not exceed 87 percent of the average diagonal dimension of the lower tower.

(i) In determining the average floor size and average diagonal of the upper tower, unoccupied architectural elements permitted according to Section 260(b)(1)(M), except for levels consisting of singular spires with a diagonal in cross-section of less than 18 feet, may be included in the calculations if the Planning Commission determines, according to the procedures of Section 309, that such unoccupied architectural elements produce a distinct visual tapering of the building as intended by the controls of subsection (B) and create an elegant profile for the upper tower from key public vantage points throughout the City and beyond. In calculating the floor size and diagonal of such architectural elements, a cross section floor proscribed by the most distant outside points of all elements shall be assumed at 12.5-foot intervals.

(e) Rincon Hill and South Beach. In Bulk District R (Rincon Hill and South Beach DTR Districts), bulk limitations are as follows:

(1) There are no bulk limits below the podium height as described in Section 263.19, except for the lot coverage limitations and setback requirements described in Sections 825 and 827.

(2) Tower Bulk and Spacing. All portions of structures above the podium height as described in Section 263.19 shall meet the following bulk limitations, as illustrated in Chart C.

(A) Buildings between the podium height limit and 240 feet in height may not exceed a plan length of 90 feet and a diagonal dimension of 120 square feet.

(B) Buildings between 241 and 300 feet in height may not exceed a plan length of 100 feet and a diagonal dimension of 125 feet, and may not exceed a maximum average floor area of 8,500 gross square feet.

(C) Buildings between 301 and 350 feet in height may not exceed a plan length of 115 feet and a diagonal dimension of 145 feet. They may not exceed a maximum average floor area of 9,000 gross square feet.

(D) Buildings between 351 and 550 feet in height may not exceed a plan length of 115 feet and a diagonal dimension of 145 feet. They may not exceed a maximum average floor area of 10,000 gross square feet.

(E) To allow variety in the articulation of towers, the floor plates of individual floors may exceed the maximums described above by as much as 5 percent, provided the maximum average floor plate is met.

(F) To encourage tower sculpting, the gross floor area of the top one-third of the tower shall be reduced by 10 percent from the maximum floor plates described in (A) - (D) above, unless the overall tower floor plate is reduced by an equal or greater volume.

(G) In order to provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above 110 feet in height at all levels above 110 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 110 feet in height. Any project that is permitted pursuant to the exception described in Section 270(e)(3) shall not be considered for the purposes of measuring tower spacing pursuant to this Section.

(H) The procedures for granting special exceptions to bulk limits described in Section 271 shall not apply; exceptions may be granted pursuant to Sections 270(e)(3) and 270(e)(4).

(I) Additional setback, lot coverage, and design requirements for the DTR Districts are described in Sections 825, 827, 828 and 829.

(3) Exceptions to tower spacing and upper tower sculpting requirements in Rincon Hill DTR. An exception to the 115 feet tower spacing requirement and the upper tower sculpting requirement described in (e)(2)(F) and (G) above may be granted to a project only on Block 3747 on a lot formed by the merger of part or all of Lots 001E, 002 and 006, pursuant to the procedures described in 309.1 of this Code provided that projects meet the following criteria:

(A) Applications for environmental review and conditional use related to a building above 85 feet in height on the subject lot have been filed with the Department prior to March 1, 2003 and February 1, 2005, respectively;

(B) Given the 115 tower spacing requirement described in (G) above, the existence of an adjacent building greater than 85 feet in height precludes the development of a tower on the subject lot;

(C) The subject lot has a total area of no less than 35,000 square feet;

(D) The proposed project is primarily residential and has an area of no more than 528,000 gross square feet;

(E) The proposed project conforms to all other controls described or referenced in Section 827 and any other controls in this Code related to the Rincon Hill DTR District.

(F) For the purposes of subsection (D) above, the term "gross square feet" shall be the sum of the gross areas of all floors of a building or buildings above street grade measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings, excluding area below street grade. Where columns are outside and separated from an exterior wall (curtain wall) which encloses the building space or are otherwise so arranged that the curtain wall is clearly separated from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted.

ngs, excluding area below street grade. Where columns are outside and separated from an exterior wall (curtain wall) which encloses the building space or are otherwise so arranged that the curtain wall is clearly separated from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted.

(4) Allowance for limited reduction in spacing from existing towers in Rincon Hill DTR. To allow limited variation in tower placement from towers for which a certificate of occupancy has been issued prior to February 1, 2005, a reduction in tower spacing described in (e)(2)(G) above may be granted pursuant to the procedures described in 309.1 of this Code if all the following criteria are met:

(A) For every percent reduction from the maximum average floor area as described in (2) above, an equal percent reduction in tower separation may be granted subject to the following limits:

(i) Up to a height of one-and-one-half times the maximum permitted podium height, tower spacing described in (e)(2)(G) above may be reduced by not more than 15 percent;

(ii) up to a height of 180 feet, tower spacing described in (e)(2)(G) above may be reduced by not more than 10 percent; and

(iii) all floors above 180 feet achieve the full 115-foot minimum tower spacing requirement described in (e)(2)(G) above. A project may average the tower separation of all floors below 180 feet so long as the requirements of (ii) and (iii) herein are satisfied.

(5) Exceptions to Tower Bulk, Upper Tower Sculpting and Tower Spacing Requirements on Block 3764.

Exceptions to the tower bulk, upper tower sculpting and tower spacing requirements described in Subsections (e)(2)(A), (F) and (G) above may be granted to a project only on Block 3764, Lot 063, pursuant to the procedures described in Section 309.1 of this Code, provided that the project meets all of the following criteria:

(A) Within 115 feet of Block 3764, Lot 063, there is a tower greater than 85 feet in height as part of a building that has received a First Construction Document;

(B) The project involves the construction of, or alteration to, a tower of no more than 250 feet in height;

(C) The subject lot has a total area of no more than 15,000 square feet;

(D) A minimum distance of 82 feet is preserved between any structures on the parcel and any other structure on or off the parcel above 110 feet in height at all levels above 110 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of structures, which shall include those features described in Planning Code Section 136(c)(2) and (3); and

(E) The project is primarily residential, contains no more than 250,000 gross square feet and provides on-site inclusionary affordable units equivalent to 15% of all units constructed on the site, which shall be subject to the requirements of the Inclusionary Affordable Housing Program under Planning Code Section 415 et seq. , and the City's Inclusionary Affordable Housing Program Monitoring and Procedures Manual, as amended from time to time.

no more than 250,000 gross square feet and provides on-site inclusionary affordable units equivalent to 15% of all units constructed on the site, which shall be subject to the requirements of the Inclusionary Affordable Housing Program under Planning Code Section 415 et seq. , and the City's Inclusionary Affordable Housing Program Monitoring and Procedures Manual, as amended from time to time.

(f) Van Ness & Market Residential Special Use District. In Bulk District R-2 (Van Ness & Market Residential Special Use District), bulk limitations are as follows:

(1) Tower Bulk and Spacing. In the R-2 bulk district there are no bulk limitations below the podium height, and structures above the podium height shall meet the bulk limitations described in subsection (e)(2)(A)-(E). To ensure tower sculpting, the gross floor area of the top one-third of the height of the tower shall be reduced by not less than 10 percent from the maximum floor plates described in subsections (e)(2)(A) – (E) above, and the average diagonal of the top onethird of the height of the tower shall be reduced by not less than 13% from the average diagonal of the tower, unless the overall tower volume is reduced by an equal or greater volume.

(2) Exceptions. In the R-2 bulk district, the Planning Commission may grant bulk exceptions through the procedures and findings of Section 309(a)(17) to increase the allowed bulk of buildings up to the limits described in subsections (A) – (D) below. The procedures for granting exceptions to bulk limits described in Section 272 shall not apply.

(A) Towers up to 350 feet in height may not exceed an average floor area of 10,000 gross square feet.

(B) Towers taller than 350 feet may not exceed an average floor area of 12,000 gross square feet, maximum plan length of 150 feet, and maximum diagonal dimension of 190 feet.

(C) Towers taller than 550 feet in height districts of 590 feet and greater may not exceed an average floor area of 18,500 gross square feet between a podium height of 140 feet and 170 feet. Building mass above 150 feet shall be set back at least 10 feet from the property line for a minimum of 90% of all street frontages.

(D) Exceptions to the tower sculpting requirements described in subsection (f)(1) above may be considered up to the limits as follows:

(i) For towers less than 400 feet in height, the provision may be fully waived.

(ii) For towers taller than 400 feet in height, at least one-quarter of the tower’s floors shall be reduced by not less than 10% from the maximum floor areas described in (2)(B) above.

(iii) For towers between 500 and 550 feet in height, the average diagonal of the upper one-third of the height of the tower shall be reduced by not less than 5% of maximum diagonal dimension described in subsection 270(e), above.

(3) In order to provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above the applicable podium height for the subject development lot. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 120 feet in height.

(4) Exceptions shall be permitted as described in section (2)(a)-(c) above. The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(g) 1500 Mission Street Special Use District (Planning Code Section 249.12). In Bulk District R-3, bulk limitations are as follows:

(1) In height districts 130/240-R-3 and 130/400-R-3, there are no bulk limitations below 130 feet in height, and structures above 130 feet in height shall meet the following bulk limitations.

(A) Buildings between the podium height limit and 240 feet in height may not exceed a plan length of 170 feet and a diagonal dimension of 225 feet.

(B) Buildings between 241 and 400 feet in height may not exceed a plan length of 156 feet and a diagonal dimension of 165 feet, and may not exceed a maximum average floor area of 13,100 gross square feet. To encourage tower sculpting, the gross floor area of the top one-third of the tower shall be reduced by 7% from the maximum floor plate of the tower above the podium height limit unless the overall tower floor plate is reduced by an equal or greater volume.

(C) To provide adequate sunlight and air to streets and open spaces, a minimum distance of 115 feet must be preserved between all structures above 130 feet in height at all levels above 130 feet in height. Spacing shall be measured horizontally from the outside surface of the exterior wall of the subject building to the nearest point on the closest structure above 130 feet in height.

(2) The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(h) Bulk Limits within the Central SoMa Special Use District. In the CS Bulk District and height and bulk districts that allow heights of 65 feet and above and that are within the Central South of Market Special Use District, the bulk limits contained in this subsection 270(h) shall apply.

(1) Definitions. For purposes of this subsection, the definitions of Section 102 and the following definitions apply unless otherwise specified in this Section:

Apparent Mass Reduction. The percentage of the Skyplane that does not include the Projected Building Mass from the subject lot. For purposes of calculating Apparent Mass Reduction, any portion of the Projected Building Mass that projects above the Height limit shall be added to the projection within the Skyplane.

Base Height. The lowest Height from which the Skyplane is measured.

Lower Tower. The lower two-thirds of the Tower Portion of a Tower, rounded to the nearest floor.

Major Street. 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, Mission Street, Howard Street, Folsom Street, Harrison Street, Bryant Street, Brannan Street, and Townsend Street.

Mid-Block Passage. Any passage created pursuant to Section 270.2.

Narrow Street. A right-of-way with a width of 40 feet or less and more than 60 feet from an intersection with a street wider than 40 feet.

Projected Building Mass. The portion of the subject building that projects into the Skyplane as viewed from the most directly opposite property line. This volume includes all parts and features of a building, including but not limited to any feature listed in Section 260(b).

Skyplane.

• (i) A plane along each street-facing property line of the subject lot extending:

• (aa) Vertically from the Base Height up to the Height limit for the subject lot; and

• (bb) Horizontally for the length of the street-facing property line.

• (ii) The figure below illustrates how a skyplane is to be measured:

Tower. Any building taller than 160 feet in Height.

Tower Portion. The portion of a Tower above 85 feet in Height.

Upper Tower. The upper one-third of the Tower Portion of a Tower, rounded to the nearest floor.

(2) Apparent Mass Reduction. Projects in the CS Bulk District are subject to the Apparent Mass Reduction controls of Table 270(h), as well as the setback requirements of Section 132.4.

• For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78(c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the Base Height.

** For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78 (c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the height where upper story setback is required pursuant to Section 261.1.

*** Any building that exceeds the height allowed by the applicable Height District shall comply with the apparent mass reduction requirement in this Table based on its actual height.

• (3) Bulk Controls for Buildings Towers.

• (A) Maximum Floor Area for the Tower Portion.

(i) For residential and hotel uses, the maximum Gross Floor Area of any floor is 12,000 gross square feet.

(ii) For all other uses, the maximum Gross Floor Area of any floor is 17,000 gross square feet and the average Gross Floor Area for all floors in the Tower Portion shall not exceed 15,000 gross square feet.

• (B) Maximum Plan Dimensions for the Tower Portion.

(i) The maximum length shall be 150 feet.

• (ii) The maximum diagonal shall be 190 feet.

(iii) For buildings with a Height of 250 feet or more, the average Gross Floor Area of the Upper Tower shall not exceed 85 percent of the average Gross Floor Area of the Lower Tower, and the average diagonal of the Upper Tower shall not exceed 92.5 percent of the average diagonal of the Lower Tower.

(4) Exceptions. Except as specifically described in this subsection (h) and in Section 329(e), no exceptions to the controls in the CS Bulk District shall be permitted. The procedures for granting special exceptions to bulk limits described in Section 272 shall not apply.

(i) R-4 Height and Bulk District. In the R-4 Height and Bulk District, the bulk limitation are as follows:

(1) Tower Bulk and Spacing. In the R-4 Height and Bulk District, the otherwise applicable bulk controls for structures below a height of 85 feet or below a different height threshold where explicitly specified elsewhere in the Code (“Podium Height”) shall govern, including, but not limited to, those found in the Citywide Design Standards. Portions of structures above the podium height shall comply with the bulk limitations described in subsection (i)(1)(A) and (B) below.

(A) Buildings between the Podium Height and 140 feet in height (exclusive of permitted height exceptions) shall: (i) Provide 15-foot setback(s) from any interior property line(s) for portion(s) of the building above the Podium Height.

(ii) For portions of structures above the Podium Height, the average floor plate shall not exceed 12,000 square feet.

(iii) For portions of structures above the Podium Height, a maximum length of 130 feet and a maximum diagonal of 160 feet are permitted.

(iv) Building portions above the Podium Height and up to 140 feet must maintain a 30-foot distance from other buildings above the Podium Height on any lot.

(B) Buildings above 140 feet in height (exclusive of permitted height exceptions) shall:

(i) Provide 15-foot setback(s) from any interior property line(s) for portion(s) of the building above the Podium Height.

(ii) For portions of structures above the Podium Height, the average floor plate shall not exceed 12,000 square feet.

(iii) For portions of structures above the Podium Height, a maximum length of 130 feet and a maximum diagonal of 160 feet are permitted.

(iv) Building portions above the Podium Height shall be separated by no less than 115 feet from other buildings above 85 feet on any lot.

(v) For portions of buildings above the Podium Height, a maximum unbroken wall width of 100 feet is permitted. For building masses above 85 feet in height and with a plan length in excess of 100 feet, relief shall be provided through: a. a notch, defined as a building recess or volumetric reduction that is provided at the indicated height and extending the full vertical height of the subject facade above 85-feet, of at least 10 feet by 10 feet; or

b. a change in plane of at least 10 feet.

(vi) The top one-third of a building above 85 feet shall be reduced in both floor plate and the allowed maximum plan and diagonal dimensions set forth in subsection (i)(1)(B) by 10% each.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 131-87, App. 4/24/87; Ord. 537-88, App. 12/16/88; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 94-06, File No. 050182, App. 5/19/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 208-10, File No. 208-10, App. 8/3/2010; 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. 144-11 , File No. 110625, App. 7/18/2011, Eff. 8/17/2011; 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. 217-15 , File No. 151063, App. 12/16/2015, Eff. 1/15/2016; Ord. 101-17, File No. 170348, App. 5/24/2017, Eff. 6/23/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 126-20 , File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 58-24, File No. 231256, App. 3/22/2024, Eff. 4/22/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Table 270 row PM added; Ord. 90-11, Eff. 7/9/2011. Table 270 row TI added; Ord. 98-11 , Eff. 7/15/2011. Table 270 row EP added; Ord. 144-11 , Eff. 8/17/2011. Table 270 row S-2 added; divisions (d) and (d)(1) amended; new division (d)(4) added; Ord. 182-12 , Eff. 9/7/2012. Table 270 row PM amended; former divisions (e)(3)(i) through (vi) redesignated as (e) (3)(A) through (F); former divisions (e)(4)(i) through (iv) redesignated as (e)(4)(A) through (e)(4)(A)(iii); Chart C replaced; Ord. 56-13 , Eff. 4/27/2013. Divisions (e)(2)(I), (e)(3)(B), and (e)(3)(F) amended; Division (e)(5) added; Ord. 217-15 , Eff. 1/15/2016. Division (g) added; Ord. 101-17, Eff. 6/23/2017. Table 270 row CS added; divisions (h)-(h)(4) and Table 270(h) added; Ord. 296-18, Eff. 1/12/2019. Division (a) amended; Ord. 206-19, Eff. 10/14/2019. Divisions (f) and (f)(1) amended; former divisions (f)(2)-(3) redesignated as (f)(3)-(4) and amended; new divisions (f)(2)-(f)(2)(D)(iii) added; Ord. 126-20 , Eff. 8/31/2020. Division (h) amended; Table 270(h) amended; Ord. 47-21, Eff. 5/17/2021. Table 270 row IB added; Ord. 33-24, Eff. 3/23/2024. Division (a) amended; Table 270 row PY added; Ord. 58-24, Eff. 4/22/2024. Division (a) amended; Table 270 rows R-3, R-4 added; divisions (i)-(i)(1)(B)(vi) added; Ord. 245-25, Eff. 1/12/2026. Table 270 row T amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 270.1. SPECIAL BULK LIMITATIONS: HORIZONTAL MASS REDUCTIONS IN LARGE LOTS IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

(a) Purpose. There is a disproportionately high number of large lots in historically industrial and mixed-use areas, particularly in the South of Market, Showplace Square, Mission and Central Waterfront areas, which could be developed with long, monotonous and massive buildings. In recognition of this, special controls to allow for appropriate building articulation and mass reduction are provided in this Section.

(b) Applicability. This Section 270.1 applies to all buildings in the Eastern Neighborhoods Mixed Use Districts that have street or alley frontage greater than 200 feet in length, and that receive their first site or building permit after the effective date of this Section 270.1.

(c) Controls. Buildings subject to this Section must incorporate one or more mass reduction breaks in the building that reduce the horizontal scale of the building into discrete sections not more than 200 feet in length. As illustrated in Figure 270.1A, such mass reduction breaks shall:

• (1) be not less than 30 feet in width;

• (2) be not less than 60 feet in depth from the street-facing building facade;

(3) extend up to the sky from a level not higher than 25 feet above grade or the third story, whichever is lower; and

(4) result in discrete building sections with a maximum plan length along the street frontage not greater than 200 feet. Bays, balconies or other obstructions permitted over streets and alleys in Section 136(c), shall not be considered for the calculation of the above dimensions.

Figure 270.1.A Required Horizontal Mass Reduction

(d) Modifications. The Planning Commission may modify or waive this requirement through the process set forth in Section 329. When considering any such application, the Commission shall consider the following criteria:

(1) no more than 50% of the required mass is reduced unless special circumstances are evident;

(2) the depth of any mass reduction breaks provided is not less than 15 feet from the front facade, unless special circumstances are evident;

(3) the proposed building envelope can be demonstrated to achieve a distinctly superior effect of reducing the apparent horizontal dimension of the building; and

(4) the proposed building achieves unique and superior architectural design.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016)

AMENDMENT HISTORY

Division (b) amended; Ord. 102-16 , Eff. 7/24/2016.

SEC. 270.2. SPECIAL BULK AND OPEN SPACE REQUIREMENT: MID-BLOCK ALLEYS IN LARGE LOT DEVELOPMENT IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, SOUTH OF MARKET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, REGIONAL COMMERCIAL DISTRICT, C-3 DISTRICTS, AND DTR DISTRICTS.

(a) Findings. The historically industrial parts of the City, including the South of Market, Showplace Square, Central Waterfront, and Mission, typically have very large blocks. In the South of Market, a typical block is 825 feet in length and 550 feet in width; in Showplace Square and the Central Waterfront blocks extend up to 800 feet in length and greater; and in the Mission many blocks are over 500 feet in length. In areas of the City historically developed as moderate and highdensity residential and commercial environments, the block pattern is much smaller, with many alternate and redundant paths of travels, service alleys, and public mid-block pedestrian walkways and stairways: the typical North of Market block is 275 feet in width and not more than 412.5 feet in length, often with minor alleys bisecting these blocks further into smaller increments.

Large blocks inhibit pedestrian movement and convenience by significantly lengthening walking distances between points, thereby reducing the ability and likelihood of people to walk between destinations, including reducing access to and likelihood of using transit. Academic studies have shown that the likelihood of people to walk for trips of all purposes, including walking to transit stops, declines substantially above distances as low as 1/5th of a mile, and that the propensity to walk is very elastic for distances of one mile or less and heavily dependent on distance and route barriers (Berman, Journal of American Planning Literature, May 1996). People are generally willing to walk not more than 1/3-mile to access rail transit, and less to access bus transit. In the Eastern Neighborhoods Mixed Use and DTR Districts, and Southof-Market portion of the C-3 Districts, longer walking distances due to large blocks generally lengthen walking distances

nt on distance and route barriers (Berman, Journal of American Planning Literature, May 1996). People are generally willing to walk not more than 1/3-mile to access rail transit, and less to access bus transit. In the Eastern Neighborhoods Mixed Use and DTR Districts, and Southof-Market portion of the C-3 Districts, longer walking distances due to large blocks generally lengthen walking distances

by up to 1,000 feet or more for even the shortest trips, a major factor in reduced use of transit in these areas. In areas with large blocks, walking distances between destinations can be between 50% and 300% longer than for areas with smaller blocks and more route choices (Hess, Places, Summer 1997). In the South of Market area, for example, the distance between destinations for walking trips can be as much as 2.5 times longer than a trip between destinations similarly situated apart north of Market Street. Given equivalent densities and distributions of development, where walking distances are greater due to longer and larger blocks, residents have access to up to 50% fewer destinations (e.g. shops, services, transit) for equal walking distances (Id.). Greater walking distances and fewer route choices also severely degrade accessibility to transit, services, and shops for people with disabilities and the elderly (Kulash, Development, July/August 1990). Because there are fewer pedestrian route choices and people must walk on fewer, more-highly trafficked and busier streets for longer distances, the quality of the pedestrian experience is severely diminished and there are more conflicts with motor vehicles, with corresponding heightened concerns for pedestrian safety on major streets. Large blocks also increase vehicular and service demand on streets. Where there are no secondary streets or service alleys, all vehicular functions (including service loading as well as private vehicular access to off-street parking) are concentrated onto fewer streets, increasing traffic volumes on these streets and creating significant and frequent conflicts with automobile traffic, transit, bicycles, and pedestrian activity.

Where industrial uses with low densities of workers and residents remain in place, the condition of large blocks is not a problem. However, where land use changes occur with new development and the intensity and density of residential and employment population are increased by new development, there is thus a significant new need created to improve pedestrian and vehicular circulation by mitigating the size the blocks, providing alternate and redundant paths of travel, and creating a more pedestrian-accessible environment.

(b) Purpose. The mid-block alley requirements of this Section are intended to ameliorate the conditions and impacts described in the Findings of subsection (a) above and make the subject areas appropriate for a higher density of activity and population in areas being targeted for more intense development.

(c) Applicability. This Section 270.2 applies to all new construction on parcels that have one or more street or alley frontages of over 200 linear feet on a block face longer than 400 feet between intersections, and are in the C-3 Districts, if located south of Market Street, or in the South of Market Neighborhood Commercial Transit District, Folsom Street Neighborhood Commercial Transit District, Regional Commercial District, Eastern Neighborhoods Mixed Use Districts, or DTR Districts, except for parcels in the RH DTR District, which are subject to Section 827.

(d) Requirements.

(1) New construction on lots with greater than 300 linear feet of street frontage shall provide a publicly-accessible mid-block alley for the entire depth of the property, generally located toward the middle of the subject block face, perpendicular to the subject frontage and connecting to any existing streets and alleys. For development lots with frontage on more than one street that exceeds the above dimensions, one such mid-block alley will be required per frontage.

(2) For new construction on lots with frontage greater than 200 linear feet but less than 300 feet the project shall provide a publicly-accessible mid-block alley for the entire depth of the property where any of the following criteria are met:

(A) There is an opportunity to establish a through-block connection between two existing alleys or streets, or

(B) A portion of the subject frontage extends over the central half of the block face, or

(C) Where it is deemed necessary by the Planning Department and Commission to introduce alleys to reduce the scale of large development, particularly in areas with a surrounding pattern of alleys.

(3) For new construction within the Van Ness & Market Residential Special Use District on lots with greater than 300 linear feet of street frontage, the project shall provide a publicly-accessible mid-block alley between any two frontages that have at least 200 feet of length each. Such alley shall be subject to all requirements of this Section 270.2, except that the requirements of subsection 270.2(e)(14) shall not apply. A project subject to this subsection 270.2(d)(3) may seek an exception to the requirements of Section 270.2(e)(6) pursuant to the procedures and findings of Section 309(a)(18).

(e) Design and Performance Standards. The alleys provided per subsections (a) and (b) above shall meet the following standards:

• (1) Generally be located as close to the middle portion of the subject block face as possible, perpendicular to the subject frontage and connect to existing adjacent streets and alleys;

• (2) Provide pedestrian access;

• (3) Provide no, limited, or full vehicular access, as specific conditions warrant;

• (4) Have a minimum width of 20 feet, exclusive of those obstructions allowed within setbacks pursuant to Section

136. In RED, RED-MX, WMUG, WMUO, and SALI Districts, the minimum width shall be 30 feet;

(5) Have a minimum clear walking width of 10 feet free of any obstructions in the case of a pedestrian-only right-ofway, and dual sidewalks each of not less than six feet in width with not less than four feet minimum clear walking width in the case of an alley with vehicular access;

(6) Have at least 60 percent of the area of the alley or pathway open to the sky. Obstructions permitted within

setbacks pursuant to Section 136 may be located within the portion of the alley or pathway that is required to be open to the sky. All portions of the alley or pathway not open to the sky shall have a minimum clearance height from grade of 15 feet at all points;

• (7) Provide such ingress and egress as will make the area easily accessible to the general public;

• (8) Be protected from uncomfortable wind, as called for elsewhere in this Code;

(9) Be ungated and publicly accessible 24 hours per day, as defined elsewhere in this Section 270.2;

(10) Be provided with appropriate paving, furniture, and other amenities that encourage pedestrian use, and be landscaped to greatest extent feasible;

(11) Be provided with ample pedestrian lighting to ensure pedestrian comfort and safety;

(12) Be free of any changes in grade or steps not required by the underlying natural topography and average grade; and

(13) Be fronted by active ground floor uses, as defined in Section 145.1, to the extent feasible.

(14) New buildings abutting mid-block alleys provided pursuant to this Section 270.2 shall feature upper story setbacks according to the provisions of Section 261.1.

(f) Maintenance. Mid-block paths and alleys required under this Section shall be maintained at no public expense. The owner of the property on which the alley is located shall maintain it by keeping the area clean and free of litter and by keeping it in an acceptable state of repair. Conditions intended to assure continued maintenance of the right-of-way for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 for DTR or 329 for Eastern Neighborhoods Mixed Use Districts.

(g) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque shall be placed in a publicly conspicuous location for pedestrian viewing. The plaque shall state the right of the public to pass through the alley and stating the name and address of the owner or owner's agent responsible for maintenance. The plaque shall be of no less than 24 inches by 36 inches in size.

(h) Property owners providing a pathway or alley under this section will hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of the right-of-way, and are solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the right-of-way.

y owners providing a pathway or alley under this section will hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of the right-of-way, and are solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the right-of-way.

(i) Any non-vehicular portions of such a pathway or alley, including sidewalks or other walking areas, seating areas, or landscaping, may count toward any open space requirements of this Code which permit publicly-accessible open space, provided that such space meets the standards of Section 135. In C-3 Districts, the non-vehicular portions of such a pathway or alley may count towards the open space requirements of Section 138 of this Code, so long as the pathway or alley is located at street grade and meets the requirements of Section 138 and of this Section.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff.

12/4/2015; amended by Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (e)(4) amended; Ord. 42-13 , Eff. 4/27/2013. Division (g) amended; Ord. 188-15 , Eff. 12/4/2015. Section header and divisions (c), (e)(4), and (e)(6) amended; Ord. 102-16 , Eff. 7/24/2016. Section header and division (c) amended; Ord. 296-18, Eff. 1/12/2019. Division (d)(3) added; Ord. 126-20, Eff. 8/31/2020. Section header and division (a) amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 270.3. SPECIAL BULK REQUIREMENTS: MID-BLOCK ALLEYS IN LARGE LOT DEVELOPMENT OUTSIDE OF THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, SOUTH OF MARKET COMMERCIAL TRANSIT DISTRICT, FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, REGIONAL COMMERCIAL DISTRICT, C-3 AND DTR DISTRICTS.

(a) Findings. This Section 270.3 incorporates the findings in Section 270.2(a), and determines that the conditions in Section 270.2 are applicable outside of the geographic area specified in Section 270.2..1

(b) Purpose. The mid-block alley requirements of this Section 270.3 are intended to ameliorate the conditions and impacts described in the findings in Section 270.2(a) and make the subject areas appropriate for a higher density of activity and population in areas being targeted for more intense development. The horizontal mass reductions and midblock alleys will ensure that block sizes for new housing support walkable neighborhoods. To encourage pedestrian movement, walking to nearby destinations including to and from transit, and neighborhood blocks with shortened distances to facilitate this activity, the bulk limitations noted below will apply.

n areas being targeted for more intense development. The horizontal mass reductions and midblock alleys will ensure that block sizes for new housing support walkable neighborhoods. To encourage pedestrian movement, walking to nearby destinations including to and from transit, and neighborhood blocks with shortened distances to facilitate this activity, the bulk limitations noted below will apply.

(c) Applicability. This Section 270.3 applies to all development lots not subject to the requirements of Section 270.2, except development lots in PDR districts or that contain exclusively government or Public Facilities, that:

• (1) Are two acres or larger; and/or

(2) Have a frontage of 200 feet or greater on a single block face that is 400 feet or greater.

• (d) Requirements. New construction on development lots that meet the criteria in subsection (c) above must be

divided into smaller resultant lots and blocks in either one of the two following ways:

• (1) Option 1. Lots shall be divided into resultant blocks such that:

• (A) no block frontage exceeds a length of 300 feet between intersections;

• (B) no block perimeter exceeds a total of 1,200 feet; and

(C) the resultant blocks shall be separated from each other by newly created public street(s), alley(s), or publiclyaccessible privately-owned street(s) or alley(s). Such street(s) shall meet San Francisco street standards including the Better Streets Plan as codified in Section 138.1 and pursuant to Public Works Code requirements. If privately-owned street(s) or alley(s) are created, they shall be maintained and must provide public access pursuant to the standards provided in Planning Code Section 270.2(e).

(2) Option 2. Lots shall be divided into resultant blocks of not more than 400 feet in length between intersections of streets or alleys per subsection (d)(1)(C) above, that are bisected by alleys or passageways, and that do not exceed a total block perimeter of 1,400 feet. Such mid-block alleys or passageways shall meet the following conditions:

(A) Location. Be located as close to the middle portion of the subject block face, defined as within 50 lateral feet from the block centerline, perpendicular to the subject frontage and connecting to any existing adjacent streets and alleys. If the subject lot is not within the central portion of the block, the passageway shall cross the subject lot at its centerline or within 50 lateral feet from the lot centerline. For Development projects that include a Public Facility or are immediately abutting a parcel containing a Public Facility, this locational requirement shall not apply.

(B) Hours of Operation. The passageway(s) must be open to the public 24 hours a day, seven days a week. Fences and/or gates that would prevent public access at any point within the passageway(s) are prohibited.

(C) Width. The passageway(s) must maintain minimum width(s) of 20 feet measured from building-to-building at any point.

(D) Walking Width. Have a minimum clear walking width of 10 feet free of any obstructions in the case of a pedestrian-only right-of-way, and dual sidewalks each of not less than six feet in width with not less than four feet minimum clear width in the case of an alley with vehicular access.

(E) Open to the Sky. At least 60% of the passageway area must be open to the sky. Obstructions permitted within setbacks pursuant to Planning Code Section 136, that do not conflict with or obstruct the required walking width, may be located within the portion of the alley or passageway that is required to be open to the sky. All portions of the alley or pathway not open to the sky shall have a minimum clearance height from grade of 15 feet at all points. For Development Projects that include a Public Facility or are immediately abutting a parcel containing to a Public Facility, the required percent of the passageway area that must be open to the sky may be reduced to 50%.

(F) Topography. Changes in grade or steps are not permitted in an alley or passageway unless required by the natural topography and average grade.

(G) Frontage. Alleys or passageways must be fronted by active ground-floor uses, as defined in Section 145.1, for no less than 60% of their fronting length and in no case feature more than 50 continuous feet of inactive use(s) in any segment. For development projects that include a Public Facility or are immediately abutting a parcel containing a Public Facility, the required percent for active ground-floor uses may be reduced to 40% and may be unevenly distributed between the alley’s or passageway’s two sides.

(H) Visual access. Alleys or passageways must be configured to allow clear visual access from one end of the passageway through the development lot to its opposite end.

(e) Additional Requirements for Private Passageways and Alleys.

(1) Maintenance. Mid-block passageways and alleys required under this Section 270.3 shall be maintained at no public expense unless a publicly-accepted street or alley is created pursuant to subsection (d)(1) above. The owner of the property on which the alley or passageway is located shall maintain it by keeping the area clean and free of litter and by keeping it in an acceptable state of repair. Conditions intended to assure continued maintenance of the right-of-way for the actual lifetime of the building giving rise to the open space requirement may be imposed.

(2) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque shall be placed in a publicly conspicuous location for pedestrian viewing. The plaque shall state the right of the public to pass through the alley and stating the name and address of the owner or owner’s agent responsible for maintenance. The plaque shall be of no less than 24 inches by 36 inches in size.

(3) Property owners providing a pathway or alley under this Section 270.3 shall hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by the design, construction, or maintenance of the right-of-way, and are solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction, or maintenance of the right-of-way.

(f) Any non-vehicular portions of such a passageway or alley, including sidewalks or other walking areas, seating areas, or landscaping, may count toward any open space requirements of this Code which permit publicly-accessible open space, provided that such space meets the standards of Section 135.

(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) CODIFICATION NOTE

1. So in Ord. 245-25

SEC. 271. BULK LIMITS: SPECIAL EXCEPTIONS, IN DISTRICTS OTHER THAN C-3.

(a) General. The bulk limits prescribed by Section 270 have been carefully considered in relation to objectives and policies for conservation and change in districts other than C-3. There may be some exceptional cases in which these limits may properly be permitted to be exceeded to a certain degree; however, following public review and exploration of alternatives, provided there are adequate compensating factors. Such deviation might occur, when the criteria of this Section are met, for one or both of the following positive reasons:

(1) Achievement of a distinctly better design, in both a public and a private sense, than would be possible with strict adherence to the bulk limits, avoiding an unnecessary prescription of building form while carrying out the intent of the bulk limits and the principles and policies of the General Plan.

(2) Development of a building or structure with widespread public service benefits and significance to the community at large, where compelling functional requirements of the specific building or structure make necessary such a deviation.

(b) Procedures. Deviations from the bulk limits under this section shall be permitted only upon approval by the City Planning Commission according to the procedures for conditional use approval in Section 303 of this Code, or for the procedures for design review in Section 329 of this Code for subject projects in the Eastern Neighborhoods Mixed Use Districts.

(c) Criteria. In acting upon any application for a conditional use or modification to permit the bulk limits to be exceeded under this section, the City Planning Commission shall consider the following standards and criteria in addition to those stated in Sections 303(c) and 329 of this Code:

(1) The appearance of bulk in the building, structure or development shall be reduced by means of at least one and preferably a combination of the following factors, so as to produce the impression of an aggregate of parts rather than a single building mass:

• (A) Major variations in the planes of wall surfaces, in either depth or direction, that significantly alter the mass;

• (B) Significant differences in the heights of various portions of the building, structure or development that divide the mass into distinct elements;

• (C) Differences in materials, colors or scales of the facades that produce separate major elements;

• (D) Compensation for those portions of the building, structure or development that may exceed the bulk limits by corresponding reduction of other portions below the maximum bulk permitted; and

• (E) In cases where two or more buildings, structures or towers are contained within a single development, a wide separation between such buildings, structures or towers.

(2) In every case the building, structure or development shall be made compatible with the character and development of the surrounding area by means of all of the following factors:

(A) A silhouette harmonious with natural land-forms and building patterns, including the patterns produced by height limits;

(B) Either maintenance of an overall height similar to that of surrounding development or a sensitive transition, where appropriate, to development of a dissimilar character;

• (C) Use of materials, colors and scales either similar to or harmonizing with those of nearby development; and

• (D) Preservation or enhancement of the pedestrian environment by maintenance of pleasant scale and visual interest.

(3) While the above factors must be present to a considerable degree for any bulk limit to be exceeded, these factors must be present to a greater degree where both the maximum length and the maximum diagonal dimension are to be exceeded than where only one maximum dimension is to be exceeded.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Division (a)(1) amended; former Chart C deleted; Ord. 188-15 , Eff. 12/4/2015.

SEC. 272. BULK LIMITS: SPECIAL EXCEPTIONS IN C-3 DISTRICTS.

(a) General. The bulk limits prescribed by Section 270 have been carefully considered in relation to objectives and policies for conservation and change in C-3 Districts. However, there may be some exceptional cases in which these limits may properly be permitted to be exceeded to a certain degree, provided, however, that there are adequate compensating factors. Exceptions to the bulk limits may be approved in the manner provided in Section 309, provided that at least one of the following criteria is met:

(1) Achievement of a distinctly better design, in both a public and a private sense, than would be possible with strict adherence to the bulk limits, avoiding an unnecessary prescription of building form while carrying out the intent of the bulk limits and the principles and policies of the Master Plan;

(2) Development of a building or structure with widespread public service benefits and significance to the community at large, where compelling functional requirements of the specific building or structure make necessary such a deviation; and provided further that all of the following criteria are met:

(A) The added bulk does not contribute significantly to shading of publicly accessible open space,

(B) The added bulk does not increase ground level wind currents in violation of the provisions of Section 148 of this Code;

(3) The added bulk does not significantly affect light and air to adjacent buildings;

(4) If appropriate to the massing of the building, the appearance of bulk in the building, structure or development is reduced to the extent feasible by means of at least one and preferably a combination of the following factors, so as to produce the impression of an aggregate of parts rather than a single building mass:

(A) Major variations in the planes of wall surfaces, in either depth or direction, that significantly alter the mass,

(B) Significant differences in the heights of various portions of the building, structure or development that divide the mass into distinct elements,

(C) Differences in materials, colors or scales of the facades that produce separate major elements,

(D) Compensation for those portions of the building, structure or development that may exceed the bulk limits by corresponding reduction of other portions below the maximum bulk permitted, and

(E) In cases where two or more buildings, structures or towers are contained within a single development, a wide separation between such buildings, structures or towers;

(5) The building, structure or development is made compatible with the character and development of the surrounding area by means of all of the following factors:

(A) A silhouette harmonious with natural land-forms and building patterns, including the patterns produced by height limits,

(B) Either maintenance of an overall height similar to that of surrounding development or a sensitive transition, where appropriate, to development of a dissimilar character,

(C) Use of materials, colors and scales either similar to or harmonizing with those of nearby development, and

(D) Preservation or enhancement of the pedestrian environment by maintenance of pleasant scale and visual interest.

(6) Exceptions to bulk limits shall not result in a building of greater total gross floor area than would be permitted if the bulk limits were met.

(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) AMENDMENT HISTORY

Formerly undesignated concluding paragraph designated as division (a)(6); Ord. 182-12 , Eff. 9/7/2012.

SEC. 290. HEIGHT AND BULK LIMITS FOR OPEN SPACE DISTRICTS.

In the Open Space Districts designated by the symbol "OS" on Sectional Maps Nos. HT01 through HT13 of the Zoning Map, the height and bulk of buildings and structures shall be determined in accordance with the objectives, principles and

policies of the General Plan, and no building or structure or addition thereto shall be permitted unless in conformity with the General Plan. The inclusion of land in Open Space Districts is intended to indicate its principal or exclusive purpose as open space, with future development of any character strictly limited. The exemptions from height and bulk limitations set forth in Section 260(b) of this Code shall not be applicable to Open Space Districts unless in conformity with the General Plan.

(Amended by Ord. 234-72, App. 8/18/72; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY Section amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 291. MISSION ROCK HEIGHT AND BULK DISTRICT.

(a) Purpose. The purpose of the Mission Rock Height and Bulk District is to enable development of Mission Rock as a mixed use, transit-oriented neighborhood, with significant open space, public access and affordable housing. The property within the District is divided into a number of separate blocks and varying height limits shall apply within such blocks as provided below. Design controls shall be adopted for the District to guide the design of improvements within the established height limits.

In approving the “Mission Rock Affordable Housing, Park, Jobs and Historic Preservation Initiative” (“Proposition D”) on November 3, 2015, the voters of the City and County of San Francisco established certain limits and parameters for the height and bulk of buildings at Mission Rock. These parameters are laid out in subsections (a)(1) through (5) below. The detailed height and bulk controls contained in subsections (b) through (g), adopted subsequent to approval of Proposition D, as described in the Mission Rock Special Use District in Section 249.80, are consistent with and implement these voter-established limitations and requirements. Mission Rock Design Controls (Design Controls), adopted by the Planning Commission and the Port Commission subsequent to approval of Proposition D, are incorporated by reference in Section 249.80.

The boundaries of the blocks and the height limits applicable within such blocks as shown in the graphic in subsection (b) below may only be modified in a manner consistent with all of the requirements set forth in the following subsections (a)(1) through (5), which requirements may not be amended without voter approval:

(1) Open Space. Approximately 8 acres of open space shall be provided within the District, and in these open space areas any buildings shall be limited in height to a single story, consistent with the height and bulk designation of OS (Open Space) in effect prior to the adoption of this Section 291 and the provisions of Planning Code Section 916.

(2) Pier 48. Pier 48, totaling approximately 5 acres (exclusive of the apron which shall remain as open space), shall be subject to a height limit of 40 feet and bulk designation of 40-X. No height limit in excess of 40 feet shall be established in the District within 100 feet landward of the shoreline of San Francisco Bay, measured from the mean high tide line as of the adoption of this Section 291.

er 48.** Pier 48, totaling approximately 5 acres (exclusive of the apron which shall remain as open space), shall be subject to a height limit of 40 feet and bulk designation of 40-X. No height limit in excess of 40 feet shall be established in the District within 100 feet landward of the shoreline of San Francisco Bay, measured from the mean high tide line as of the adoption of this Section 291.

(3) Lots Fronting Terry A. Francois Boulevard. Building frontages along the west side of the reconfigured Terry A. Francois Boulevard shall be no more than 40 feet in height, with height in excess of 40 feet stepping back from the street in accordance with the Design Controls. The maximum height of buildings on blocks fronting on the west side of reconfigured Terry A. Francois Boulevard shall be 120 feet, provided that floor area above 90 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses.

(4) Elsewhere in the District. Three buildings within the District shall be permitted to exceed a height of 190 feet; provided that (i) occupied floor area above 190 feet shall be used exclusively for residential uses and uses accessory thereto and/or restaurant uses, (ii) the maximum height of such buildings shall be 240 feet, and (iii) the Design Controls are in effect to ensure slender towers, including a requirement that typical floors above a height of 190 feet do not exceed 12,000 square feet of gross floor area, with minor variation permitted for articulation. Consequently, the typical floors above 190 feet in the three buildings combined shall comprise no more than about 3% of the approximately 28 acre area of the Mission Rock Height and Bulk District. The height limit on all other blocks within the Mission Rock Height and

Bulk District shall not exceed 190 feet or such lower height limit as may be required in accordance with the provisions of paragraphs (1) through (3) above.

(5) Maximum Area Subject to Increased Height Limit. As compared to the height limits in effect prior to the adoption of this Section 291, the height limit shall be increased on a maximum of 10 acres of the approximately 28 acre Mission Rock Height and Bulk District. The 18 acres on which the height limit is not increased shall include: (i) areas to be devoted to open space (approximately 8 acres), (ii) the circulation network for pedestrians, bicycles and vehicles (approximately 5 acres), and (iii) Pier 48 (approximately 5 acres).

(b) Height Limits. The height limits applicable to the blocks within the Mission Rock Height and Bulk District are as shown on the graphic below.

Figure 291-MR1, Maximum Height and Bulk Plan

(c) Height and Bulk Measurement. Maximum building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls) along the property line, up to the highest point of the uppermost structural slab in the case of a flat roof, and up to the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form. Maximum Base Building heights shall be measured from the highest point of the finished grade (as referenced in the Design Controls of the finished grade (as referenced in the Design Controls)1 along the property line up to the highest point on the uppermost structural slab of the Base Building in the case of a flat roof, and the average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form of the Base Building.

(d) Building Envelopes. Building envelopes shall consist of the Base Building and the Upper Building, as illustrated in Figure 291-MR2, Components of the Building Envelope. Upper building massing must be located within the hatched zones and stepbacks are required above Base Buildings, both as indicated on Figure 291-MR1, Maximum Height and Bulk Plan.

Figure 291-MR2. Components of the Building Envelope

(e) Upper Building Tops. The tops of Upper Buildings may extend up to 20 feet vertically above the maximum permitted building height, except on Block F, where the building may extend up to 40 feet vertically above the maximum permitted building height. In both cases, the extension is allowed only for non-occupied architectural features.

(f) Rooftop Elements. The following rooftop elements may extend beyond the maximum permitted building height as specified below, provided that in no event shall the maximum height in subsection (e) be exceeded: mechanical enclosures, and sustainable infrastructure such as photovoltaic panels, windmills, fog catchers and Greenhouses (up to 20 feet in height). On the Base Building, rooftop elements must step back at a minimum ratio of 1.2 feet horizontally from the streetwall for every foot that they exceed the maximum permitted height limit. Common use structures are permitted on the Base Building up to 20 feet in height, provided that they are limited to 25% of the roof area for each Base Building. On the Upper Building, rooftop elements must be screened or enclosed within the building top. Railings, planters and visually permeable building elements no greater than 42 inches above the roof are exempt from step-back requirements. (g) Upper Building Floorplate Reduction and Bulk Controls. For buildings taller than 160 feet, bulk floorplate reduction and controls shall be required in accordance with Figure 291-MR3 and Table 291-MR1 as follows: Figure 291-MR3. Floorplate Reduction

Table 291-MR1 – Upper Building Bulk Controls

Table 291-MR1 – Upper Building Bulk Controls

(Added by Prop. D, App. 11/3/2015; amended by Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018) AMENDMENT HISTORY

Division (a) amended and second paragraph added; first paragraph of former division (b) and graphic deleted; second paragraph of former division (b) moved to division (a) and amended; former divisions (b)(1)-(5) redesignated as (a)(1)-(5) and divisions (a)(2)-(4) amended; divisions (b)-(g) added; Figures 291-MR1, 291-MR2, and 291-MR3 added; Table 291MR1 added; Ord. 31-18, Eff. 4/6/2018.

CODIFICATION NOTE

1. So in Ord. 31-18.

SEC. 295. HEIGHT RESTRICTIONS ON STRUCTURES SHADOWING PROPERTY UNDER THE JURISDICTION OF THE RECREATION AND PARK COMMISSION.

(a) No building permit authorizing the construction of any structure that will cast any shade or shadow upon any property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission may be issued except upon prior action of the Planning Commission pursuant to the provisions of this Section; provided, however, that the provisions of this Section shall not apply to building permits authorizing:

• (1) Structures which do not exceed 40 feet in height;

(2) Structures which cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission only during the first hour after sunrise and/or the last hour before sunset;

(3) Structures to be constructed on property under the jurisdiction of the Recreation and Park Commission for recreational and park-related purposes;

• (4) Structures of the same height and in the same location as structures in place on June 6, 1984;

• (5) Projects for which a building permit application has been filed and either

(i) a public hearing has been held prior to March 5, 1984 on a draft environmental impact report published by the Planning Department, or

(ii) a Negative Declaration has been published by the Planning Department prior to July 3, 1984;

(6) Projects for which a building permit application and an application for environmental evaluation have been filed prior to March 5, 1984 and which involve physical integration of new construction with rehabilitation of a building designated as historic either by the San Francisco Board of Supervisors as a historical landmark or by the State Historic Preservation Officer as a State Historic Landmark, or placed by the United States Department of the Interior on the

National Register of Historic Places and which are located on sites that, but for separation by a street or alley, are adjacent to such historic building.

(b) The Planning Commission shall conduct a hearing and shall disapprove the issuance of any building permit governed by the provisions of this Section if it finds that the proposed project will have any adverse impact on the use of the property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission because of the shading or shadowing that it will cause, unless it is determined that the impact would be insignificant. The Planning Commission shall not make the determination required by the provisions of this Subsection until the general manager of the Recreation and Park Department in consultation with the Recreation and Park Commission has had an opportunity to review and comment to the Planning Commission upon the proposed project.

(c) The Planning Commission and the Recreation and Park Commission, after a joint meeting, shall adopt criteria for the implementation of the provisions of this Section.

(d) The Zoning Administrator shall determine which applications for building permits propose structures which will cast a shade or shadow upon property under the jurisdiction of, or designated for acquisition by, the Recreation and Park Commission. As used in this Section, "property designated for acquisition by the Recreation and Park Commission" shall mean property which a majority of each of the Recreation and Park Commission and the Planning Commission, meeting jointly, with the concurrence of the Board of Supervisors, have recommended for acquisition from the Open Space Acquisition and Park Renovation Fund, which property is to be placed under the jurisdiction of the Recreation and Park Commission.

(Added Ord. 62-85, App. 1/31/85; 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.

0-0-0-21873

SEC. 301. GENERAL DESCRIPTION OF ZONING PROCEDURES.

This Section is a summary of provisions more fully described in the remainder of this Article. The final legislative authority for enactment and amendment of the zoning provisions contained in this Code resides in the Board of Supervisors. However, all proposals for reclassifications of property or other amendments are considered first by the Planning Commission, and its disapprovals are final unless overruled by the Board of Supervisors.

The provisions of this Code are administered by the Zoning Administrator and other staff members of the Planning Department, by means of public information, review of permit applications, keeping of records, interpretation of the meaning and intent of the Code, and enforcement actions against violations. The Zoning Administrator is also responsible for reviewing the effectiveness of the Code and recommending appropriate changes to the legislative authorities.

Certain specified uses and features in various zoning districts require approval by the Planning Commission through conditional use procedures, in which the Commission determines whether the provisions of the Code are met.

The decisions of the Commission in these cases may be appealed to the Board of Supervisors.

In some cases, provisions of the Code may be relaxed by means of variances or administrative review granted by the Zoning Administrator; provided, for a variance, that certain specified findings can be made, and for administrative review, that the conditions of the section authorizing such review are satisfied. Decisions in these cases may be appealed to the Board of Appeals.

The responsibilities of each of these persons and agencies are derived from the San Francisco Charter. (Amended by Ord. 235-68, App. 8/7/68; Ord. 115-90, App. 4/6/90; 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.

SEC. 302. PLANNING CODE AMENDMENTS.

(See Interpretations related to this Section.)

(a) General. Whenever the public necessity, convenience and general welfare require, the Board of Supervisors may, by ordinance, amend any part of this Code. Such amendments may include reclassifications of property (changes in the Zoning Map), changes in the text of the Code, or establishment, abolition or modification of a setback line. The procedures for amendments to the Planning Code shall be as specified in this Section and in Sections 306 through 306.6 , and in Section 333.

(b) Initiation. An amendment to the Planning Code may be initiated by introduction by a member of the Board of Supervisors of a proposed ordinance approved as to form by the City Attorney, or by a resolution of intention by the Planning Commission, or by application of one or more interested property owners, residents or commercial lessees or their authorized agents. Upon the introduction of an ordinance, the Clerk of the Board of Supervisors shall transmit the proposed ordinance to the Planning Commission. A resolution of intention adopted by the Planning Commission shall refer to, and incorporate by reference, a proposed ordinance approved as to form by the City Attorney. An "interested property owner" is hereby defined, for the purposes of this Section, as an owner of real property, a resident or a commercial lessee, that is either within the area included in the application or within a distance of 300 feet of the exterior boundaries of such area, or at a greater distance therefrom upon a showing that such property is influenced by development currently permitted by this Code within the area.

(c) Determination. The Planning Commission shall hold a hearing on the proposed amendment to the Planning Code. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall adopt either a recommendation for

approval of such amendment or part, or a recommendation for disapproval of the same. If the Planning Commission adopts a recommendation for approval in whole or in part, the proposed amendment or part shall be presented to the Board of Supervisors, together with a copy of the resolution, and the Board of Supervisors may adopt such amendment or part by a majority vote. Adoption of a recommendation for disapproval of the proposed amendment or part by the Planning Commission shall have the following effect, depending upon the type of amendment involved:

(1) A proposed amendment to the Planning Code or part that had been introduced by a member of the Board of Supervisors to change the text of the Code or the Zoning Map shall be presented to said Board, together with a copy of the resolution recommending disapproval, and said amendment or part may be adopted by said Board by a majority vote.

(2) In all other cases, the recommendation for disapproval of the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors as provided in Section 308.1.

(d) Referral of Proposed Text Amendments to the Planning Code Back to Planning Commission. In acting upon any proposed amendment to the text of the Code, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been considered by the Planning Commission. Should the Board adopt a motion proposing to materially modify the amendment while it is before said Board, the amendment and the motion proposing modification shall be referred back to the Planning Commission for its consideration. In all such cases of referral back, the amendment and the proposed modification shall be heard by the Planning Commission according to the requirements for a new proposal, except that online notice required under Section 333 need be given only 10 days prior to the date of the hearing. The motion proposing modification shall refer to, and incorporate by reference, a proposed amendment approved by the City Attorney as to form.

(Amended by Ord. 210-84, App. 5/4/84; Ord. 42-87, App. 2/20/87; Ord. 180-95, App. 6/2/95; Ord. 321-96, App. 8/8/96; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)

AMENDMENT HISTORY

Division (d) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (a) and (c)-(d) amended; Ord. 33-24, Eff. 3/23/2024.

SEC. 303. CONDITIONAL USES.

(See Interpretations related to this Section.)

(a) General. The Planning Commission shall hear and make determinations regarding applications for the authorization of Conditional Uses in the specific situations in which such authorization is provided for elsewhere in this Code. The procedures for Conditional Uses shall be as specified in this Section 303 and in Sections 306 through 306.6, except that Planned Unit Developments shall in addition be subject to Section 304, and Hospitals and Post-Secondary Educational Institutions shall in addition be subject to the Institutional Master Plan requirements of Section 304.5.

(b) Initiation. A Conditional Use action may be initiated by application of the owner, or authorized agent for the owner, of the property for which the Conditional Use is sought. For a Conditional Use application to relocate a General Advertising Sign under subsection (I) below, application shall be made by a General Advertising Sign company that has filed a Relocation Agreement application and all required information with the Planning Department pursuant to Section 2.21 of the San Francisco Administrative Code.

(c) Determination. After its hearing on the application, or upon the recommendation of the Director of Planning that no hearing is required, the Planning Commission shall approve the application and authorize a Conditional Use if the facts presented are such to establish that:

(1) The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community. If the proposed use exceeds the Non-Residential Use Size limitations for the district in which the use is located, the following shall be considered:

(A) The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the area; and

(B) The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function; and

(C) The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district; and

(2) Such use or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:

(A) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures;

(B) The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading and of proposed alternatives to off-street parking, including provisions of car-share parking spaces, as defined in Section 166 of this Code.

(C) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor;

(D) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and

(3) Such use or feature as proposed will comply with the applicable provisions of this Code and will not adversely affect the General Plan; and

(4) Such use or feature as proposed will provide development that is in conformity with the stated purpose of the applicable Use District; and

(5) The use or feature satisfies any criteria specific to the use or feature in Subsections (g), et seq. of this Section. (d) Conditions. When considering an application for a Conditional Use as provided herein with respect to applications for development of "dwellings" as defined in Chapter 87 of the Administrative Code, the Commission shall comply with that Chapter which requires, among other things, that the Commission not base any decision regarding the development of “dwellings” in which “protected class” members are likely to reside on information which may be discriminatory to any member of a “protected class” (as all such terms are defined in Chapter 87 of the Administrative Code). In addition, when authorizing a Conditional Use as provided herein, the Planning Commission, or the Board of Supervisors on appeal, shall prescribe such additional conditions, beyond those specified in this Code, as are in its opinion necessary to secure the objectives of the Code. Once any portion of the Conditional Use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute a violation of this Code and may constitute grounds for revocation of the Conditional Use authorization. Such conditions may include time limits for exercise of the Conditional Use authorization; otherwise, any exercise of such authorization must commence within a reasonable time.

(e) Modification of Conditions. Authorization of a change in any condition previously imposed in the authorization of a Conditional Use shall be subject to the same procedures as a new Conditional Use. Such procedures shall also apply to applications for modification or waiver of conditions set forth in prior stipulations and covenants relative thereto continued in effect by the provisions of Section 174 of this Code.

(f) Conditional Use Abatement. The Planning Commission may consider the possible revocation of a Conditional Use or the possible modification of or placement of additional conditions on a Conditional Use when the Planning Commission determines, based upon substantial evidence, that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or the Conditional Use is not in compliance with a Condition of Approval, is in violation of law if the violation is within the subject matter jurisdiction of the Planning Commission, or operates in such a manner as to create hazardous, noxious, or offensive conditions enumerated in Section 202(c) if the violation is within the subject matter jurisdiction of the Planning Commission and these circumstances have not been abated through administrative action of

the Director, the Zoning Administrator or other City authority. Such consideration shall be the subject of a public hearing before the Planning Commission but no fee shall be required of the applicant or the subject Conditional Use operator.

(1) Public Hearing. The Director of Planning or the Planning Commission may schedule a public hearing on Conditional Use abatement when the Director or Commission has obtained or received (A) substantial evidence submitted within one year of the effective date of the Conditional Use authorization that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or (B) substantial evidence, submitted or received at any time while the Conditional Use authorization is effective, of a violation of conditions of approval, a violation of law, or operation which creates hazardous, noxious or offensive conditions enumerated in Section 202(c).

(2) Notification. The notice for the public hearing on a Conditional Use abatement shall be subject to the notification procedure described in Section 333 of this Code.

(3) Consideration. In considering a Conditional Use revocation, the Commission shall consider whether and how the false or misleading information submitted by the applicant could have reasonably had a substantial effect upon the decision of the Commission, or the Board of Supervisors on appeal, to authorize the Conditional Use, substantial evidence of how any required condition has been violated or not implemented or how the Conditional Use is in violation of the law if the violation is within the subject matter jurisdiction of the Planning Commission or operates in such a manner as to create hazardous, noxious or offensive conditions enumerated in Section 202(c) if the violation is within the subject matter jurisdiction of the Planning Commission. As an alternative to revocation, the Commission may consider how the use can be required to meet the law or the conditions of approval, how the hazardous, noxious or offensive conditions can be abated, or how the criteria of Section 303(c) can be met by modifying existing conditions or by adding new conditions which could remedy a violation.

(4) Appeals. A decision by the Planning Commission to revoke a Conditional Use, to modify conditions or to place additional conditions on a Conditional Use or a decision by the Planning Commission refusing to revoke or amend a Conditional Use, may be appealed to the Board of Supervisors within 30 days after the date of action by the Planning Commission pursuant to the provisions of Section 308.1(b). The Board of Supervisors may disapprove the action of the Planning Commission in an abatement matter by the same vote necessary to overturn the Commission’s approval or denial of a Conditional Use. The Planning Commission’s action on a Conditional Use abatement issue shall take effect when the appeal period is over or, upon appeal, when there is final action on the appeal.

ns of Section 308.1(b). The Board of Supervisors may disapprove the action of the Planning Commission in an abatement matter by the same vote necessary to overturn the Commission’s approval or denial of a Conditional Use. The Planning Commission’s action on a Conditional Use abatement issue shall take effect when the appeal period is over or, upon appeal, when there is final action on the appeal.

(5) Reconsideration. The decision by the Planning Commission with respect to a Conditional Use abatement issue or by the Board of Supervisors on appeal shall be final and not subject to reconsideration within a period of one year from the effective date of final action upon the earlier abatement proceeding, unless the Director of Planning determines that: (A) There is substantial new evidence of a new Conditional Use abatement issue that is significantly different than the issue previously considered by the Planning Commission; or

(B) There is substantial new evidence about the same Conditional Use abatement issue considered in the earlier abatement proceeding, this new evidence was not or could not be reasonably available at the time of the earlier abatement proceeding, and that new evidence indicates that the Commission’s decision in the earlier proceeding has not been implemented within a reasonable time or raises significant new issues not previously considered by the Planning Commission. The decision of the Director of Planning regarding the sufficiency and adequacy of evidence to allow the reconsideration of a Conditional Use abatement issue within a period of one year from the effective date of final action on the earlier abatement proceeding shall be final.

(g) Hotels and Motels. With respect to applications for development of tourist hotels and motels, the Planning Commission shall consider, in addition to the criteria set forth in subsections (c) and (d) above:

(1) The impact of the employees of the hotel or motel on the demand in the City for housing, public transit, childcare, and other social services. To the extent relevant, the Commission shall also consider the seasonal and part-time nature of employment in the hotel or motel;

(2) The measures that will be taken by the project sponsor to employ residents of San Francisco in order to minimize increased demand for regional transportation; and

(3) The market demand for a hotel or motel of the type proposed.

(h) Internet Services Exchange.

(1) With respect to application for development of Internet Services Exchange as defined in Section 102, the Planning Commission shall, in addition to the criteria set forth in Subsection (c) above, find that:

(A) The intensity of the use at this location and in the surrounding neighborhood is not such that allowing the use will likely foreclose the location of other needed neighborhood-serving uses in the area;

(B) The building in which the use is located is designed in discrete elements, which respect the scale of development in adjacent blocks, particularly any existing residential uses;

(C) Rooftop equipment on the building in which the use is located is screened appropriately.

(D) The back-up power system for the proposed use will comply with all applicable Federal, State, regional and local air pollution controls.

(E) Fixed-source equipment noise does not exceed the decibel levels specified in the San Francisco Noise Control Ordinance.

(F) The building is designed to minimize energy consumption, such as through the use of energy-efficient technology, including without limitation, heating, ventilating and air conditioning systems, lighting controls, natural ventilation and recapturing waste heat, and as such commercially available technology evolves;

(G) The project sponsor has examined the feasibility of supplying and, to the extent feasible, will supply all or a portion of the building's power needs through on-site power generation, such as through the use of fuel cells or cogeneration;

(H) The project sponsor shall have submitted design capacity and projected power use of the building as part of the conditional use application; and

(2) As a condition of approval, and so long as the use remains an Internet Services Exchange, the project sponsor shall submit to the Planning Department on an annual basis power use statements for the previous twelve-month period as provided by all suppliers of utilities and shall submit a written annual report to the Department of Environment and the Planning Department which shall state: (a) the annual energy consumption and fuel consumption of all tenants and occupants of the Internet Services Exchange; (b) the number of all diesel generators located at the site and the hours of usage, including usage for testing purposes; (c) evidence that diesel generators at the site are in compliance with all applicable local, regional, State, and Federal permits, regulations and laws; and (d) such other information as the Planning Commission may require.

(3) The Planning Department shall have the following responsibilities regarding Internet Services Exchanges:

(A) Upon the effective date of the requirement of a Conditional Use authorization for an Internet Services Exchange, the Planning Department shall notify property owners of all existing Internet Services Exchanges that the use has been reclassified as a conditional use;

(B) Upon the effective date of the requirement of a Conditional Use authorization for an Internet Services

Exchange, the Planning Department shall submit to the Board of Supervisors and to the Director of the Department of Building Inspection a written report covering all existing Internet Services Exchanges and those Internet Services Exchanges seeking to obtain a Conditional Use authorization, which report shall state the address, assessor's block and lot, zoning classification, square footage of the Internet Services Exchange constructed or to be constructed, a list of permits previously issued by the Planning and/or Building Inspection Departments concerning the Internet Services Exchange, the date of issuance of such permits, and the status of any outstanding requests for permits from the Planning and/or Building Inspection Departments concerning Internet Services Exchange; and

tage of the Internet Services Exchange constructed or to be constructed, a list of permits previously issued by the Planning and/or Building Inspection Departments concerning the Internet Services Exchange, the date of issuance of such permits, and the status of any outstanding requests for permits from the Planning and/or Building Inspection Departments concerning Internet Services Exchange; and

(C) Within three years from the effective date of the requirement of a Conditional Use authorization for an Internet Services Exchange, the Planning Department, in consultation with the Department of Environment, shall submit to the Board of Supervisors a written report, which report shall contain the Planning Commission's evaluation of the

effectiveness of the conditions imposed on Internet Services Exchanges, and whether it recommends additional or modified conditions to reduce energy and fuel consumption, limit air pollutant emissions, and enhance the compatibility of industrial uses, such as Internet Services Exchanges, located near or in residential or commercial districts.

(i)* Large-Scale Retail Uses. With respect to applications for the establishment of large-scale retail uses under Section 121.6, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the following:

(1) The extent to which the retail use's parking is planned in a manner that creates or maintains active street frontage patterns;

(2) The extent to which the retail use is a component of a mixed-use project or is designed in a manner that encourages mixed-use building opportunities;

(3) The shift in traffic patterns that may result from drawing traffic to the location of the proposed use;

(4) The impact that the employees at the proposed use will have on the demand in the City for housing, public transit, childcare, and other social services; and

(5) An economic impact study. The Planning Department shall prepare an economic impact study using qualified City staff or shall select a consultant from a pool of pre-qualified consultants to prepare the economic impact study required by this subsection (i)(5). The analysis, in the form of a study, shall be considered by the Planning Commission in its review of the application. The applicant shall bear the cost of paying the consultant for the consultant’s work preparing the economic impact study, and any necessary documents prepared as part of that study. The study shall evaluate the potential economic impact of the applicant’s proposed project, including:

(A) Employment Analysis. The report shall include the following employment information: a projection of both construction-related and permanent employment generated by the proposed project, and a discussion of whether the employer of the proposed project will pay a living wage, inclusive of non-salary benefits expected to be provided, relative to San Francisco's cost of living.

(B) Fiscal Impact. The report shall itemize public revenue created by the proposed project and public services needed because of the proposed project, relative to net fiscal impacts to the General Fund. The impacts to the City's public facilities and infrastructure shall be estimated using the City's current assumptions in existing nexus studies (including area plan, transit, open space in-lieu fee and other impact fees), and should account for any contributions the proposed project would make through such impact fee payments.

(C) Leakage Analysis Study. This portion of the report shall be twofold: both quantitative and qualitative. The quantitative portion shall provide an analysis of whether the proposed project will result in a net increase or decrease in the capture of spending by area residents on items that would otherwise be purchased outside the area. The area to be studied for potential economic impacts of the proposed project shall be determined by the City in consultation with the expert conducting the study as different sizes of study areas would be pertinent depending on a multitude of factors, including but not limited to, size and type of the proposed store. This quantitative leakage analysis should be paired with a qualitative assessment of whether the proposed use would complement existing merchandise selection in the area by adding greater variety of merchandise, bolstering the strength of an existing retail cluster, or matching evolving consumer preferences.

(j) Change in Use or Demolition of Movie Theater Uses. With respect to a change in use or demolition of a Movie Theater use pursuant to Section 202.4, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall make the following findings:

(1) Preservation of a Movie Theater use is no longer economically viable and cannot effect a reasonable economic return to the property owner. For purposes of defining “reasonable economic return,” the Planning Commission shall be guided by the criteria for Fair Return on Investment set forth in Section 102;

(2) The change in use or demolition of the Movie Theater use will not undermine the economic diversity and vitality of the surrounding District; and

(3) The resulting project will preserve the architectural integrity of important historic features of the movie theater use affected.

(k) Relocation of Existing General Advertising Signs pursuant to a General Advertising Sign Company Relocation Agreement.

(1) Before the Planning Commission may consider an application for a Conditional Use to relocate an existing lawfully permitted General Advertising Sign as authorized by Section 611 of this Code, the applicant sign company must have:

(A) Obtained a current Relocation Agreement approved by the Board of Supervisors under Section 2.21 of the San Francisco Administrative Code that covers the sign or signs proposed to be relocated; and

(B) Submitted to the Department a current sign inventory, site map, and the other information required under Section 604.2 of this Code; and

(C) Obtained the written consent to the relocation of the sign from the owner of the property upon which the existing sign structure is erected.

(D) Obtained a permit to demolish the sign structure at the existing location.

(2) The Department, in its discretion, may review in a single Conditional Use application all signs proposed for relocation by a General Advertising Sign company or may require that one or more of the signs proposed for relocation be considered in a separate application or applications. Prior to the Commission’s public hearing on the application, the Department shall have verified the completeness and accuracy of the General Advertising Sign company’s sign inventory.

(3) Only one sign may be erected in a new location, which shall be the same square footage or less than the existing sign proposed to be relocated. In no event may the square footage of several existing signs be aggregated in order to erect a new sign with greater square footage; provided however the square footage of one or more existing signs may be disaggregated in order to erect multiple smaller signs with lesser total square footage.

(4) In addition to applicable criteria set forth in subsection (c) above, the Planning Commission shall consider the size and visibility of the signs proposed to be located as well as the following factors in determining whether to approve or disapprove a proposed relocation:

(A) The factors set forth in this subsection (A) shall weigh in favor of the Commission's approval of the proposed relocation site:

(i) The sign or signs proposed for relocation are lawfully existing but are not in conformity with the sign regulations that existed prior to the adoption of Proposition G on March 5, 2002.

(ii) The sign or signs proposed for relocation are on a City list, if any, of priorities for sign removal or signs preferred for relocation.

(iii) The sign or signs proposed for relocation are within, adjacent to, or visible from property under the jurisdiction of the San Francisco Port Commission, the San Francisco Unified School District, or the San Francisco Recreation and Park Commission.

(iv) The sign or signs proposed for relocation are within, adjacent to, or visible from an Historic District or conservation district designated in Article 10 or Article 11 of the Planning Code.

(v) The sign or signs proposed for relocation are within, adjacent to, or visible from a zoning district where general advertising signs are prohibited.

(vi) The sign or signs proposed for relocation are within, adjacent to, or visible from a designated view corridor.

(B) The factors set forth in this subsection (k)(4)(B) shall weigh against the Commission’s approval of the proposed relocation:

(i) The sign or signs proposed for relocation are or will be obstructed, partially obstructed, or removed from public view by another structure or by landscaping.

(ii) The proposed relocation site is adjacent to or visible from property under the jurisdiction of the San Francisco Port Commission, the San Francisco Unified School District, or the San Francisco Recreation and Park Commission.

(iii) The proposed relocation site is adjacent to or visible from an Historic District or conservation district designated in Article 10 or Article 11 of the Planning Code.

(iv) The proposed relocation site is within, adjacent to, or visible from a zoning district where General Advertising Signs are prohibited.

• (v) The proposed relocation site is within, adjacent to, or visible from a designated view corridor.

• (vi) There is significant neighborhood opposition to the proposed relocation site.

• (5) In no event may the Commission approve a relocation where:

• (A) The sign or signs proposed for relocation have been erected, placed, replaced, reconstructed, or relocated on the

property, or intensified in illumination or other aspect, or expanded in area or in any dimension in violation of Article 6 of this Code or without a permit having been duly issued; or

• (B) The proposed relocation site is not a lawful location under Planning Code Section 611(c)(2); or

(C) The sign in its new location would exceed the size, height or dimensions, or increase the illumination or other intensity of the sign at its former location; or

• (D) The sign in its new location would not comply with the Code requirements for that location as set forth in Article 6 of this Code; or

• (E) The sign has been removed from its former location; or

(F) The owner of the property upon which the existing sign structure is erected has not consented in writing to the relocation of the sign.

(6) The Planning Commission may adopt additional criteria for relocation of General Advertising Signs that do not conflict with this Section 303(k) or Section 611 of this Code.

(l) Change in Use or Demolition of General Grocery Uses. With respect to a change in use or demolition of General Grocery use which use exceeds 5,000 gross square feet pursuant to Section 202.3 of this Code, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall make the following findings:

(1) Preservation of a General Grocery use is no longer economically viable and cannot effect a reasonable economic return to the property owner. The Commission may disregard the above finding if it finds that the change in use or replacement structure in the case of demolition will contain a General Grocery that is of a sufficient size to serve the shopping needs of nearby residents and offers comparable services to the former General Grocery store. For purposes of defining “reasonable economic return,” the Planning Commission shall be guided by the criteria for Fair Return on Investment set forth in Section 102; and

(2) The change in use or demolition of the General Grocery use will not undermine the economic diversity and vitality of the surrounding neighborhood.

(m) Tobacco Paraphernalia Establishments.

(1) With respect to a Tobacco Paraphernalia Establishment, as defined in Section 102 of this Code, in addition to the criteria set forth in Subsections (c) and (d) above, the Commission shall make the following findings:

(A) The concentration of such establishments in the particular zoning district for which they are proposed does not appear to contribute directly to peace, health, safety, and general welfare problems, including drug use, drug sales, drug trafficking, other crimes associated with drug use, loitering, and littering, as well as traffic circulation, parking, and noise problems on the district's public streets and lots;

(B) The concentration of such establishments in the particular zoning district for which they are proposed does not appear to adversely impact the health, safety, and welfare of residents of nearby areas, including fear for the safety of children, elderly and disabled residents, and visitors to San Francisco; and

(C) The proposed establishment is compatible with the existing character of the particular district for which it is proposed.

(n) Massage Establishments. With respect to Massage Establishments that are subject to Conditional Use authorization, in addition to the criteria set forth in subsection (c) above, the Commission shall make the following findings:

(1) Whether the use’s façade is transparent and open to the public. Permanent transparency and openness are preferable. Elements that lend openness and transparency to a façade include:

(A) active street frontage of at least 25 feet in length where 75% of that length is devoted to entrances to commercially used space or windows at the pedestrian eye-level;

(B) windows that use clear, untinted glass, except for decorative or architectural accent;

(C) any decorative railings or decorative grille work, other than wire mesh, which is placed in front of or behind such windows, should be at least 75% open to perpendicular view and no more than six feet in height above grade;

(2) Whether the use includes pedestrian-oriented lighting. Well lit establishments where lighting is installed and maintained along all public rights-of-way adjacent to the building with the massage use during the post-sunset hours of the massage use are encouraged:

(3) Whether the use is reasonably oriented to facilitate public access. Barriers that make entrance to the use more difficult than to an average service-provider in the area are to be strongly discouraged. These include (but are not limited to) foyers equipped with double doors that can be opened only from the inside and security cameras. Exceptions. A Massage Establishment shall not require a Conditional Use authorization if the Massage Establishment satisfies one or more of the following conditions:

(1) The massage use is accessory to a Principal Use, if the massage use is accessed by the Principal Use and the Principal Use is a Hotel, not including a Residential Hotel; a Personal Service; a Health Service; or an Institutional Use as defined in this Code.

(2) The only massage service provided is Chair/Foot Massage, such service is visible to the public, and customers are fully clothed at all times.

(o) Eating and Drinking Uses. With regard to a Conditional Use authorization application for a Restaurant, LimitedRestaurant and Bar uses the Planning Commission shall consider, in addition to the criteria set forth in subsection (c) above, the existing concentration of eating and drinking uses in the area. Such concentration should not exceed 25% of the total commercial frontage as measured in linear feet within the immediate area of the subject site except as otherwise provided in this subsection (o). The concentration of eating and drinking uses in the Polk Street Neighborhood Commercial District shall not exceed 35% of the total commercial frontage as measured in linear feet within the immediate area of the subject site. For the purposes of this Section 303 of the Code, the immediate area shall be defined as all properties located within 300' of the subject property and also located within the same zoning district.

(p) Adult Business, Adult Sex Venue, Nighttime Entertainment, and General Entertainment Uses. With respect to Conditional Use authorization applications for Adult Business, Adult Sex Venue, Nighttime Entertainment, and General Entertainment uses, such use or feature shall meet the following conditions:

(1) All Nighttime Entertainment uses shall comply with the Entertainment Commission’s Good Neighbor Policy.

(2) The Planning Commission may authorize Hours of Operation that exceed those principally permitted for the zoning district in which the use is located, provided that:

(A) facts presented are such to establish that the use will be operated in such a way as to minimize disruption to residences in and around the district with respect to noise and crowd control; and

(B) the proposed use shall not operate outside the Conditionally Permitted Hours of Operation for the zoning district.

(3) If the proposed use is located in a Cultural District established under Administrative Code Section 107, the Planning Commission shall consider the purpose and goals established in Section 107.2 as well as any recommendations set forth in the Cultural, History, Housing, and Economic Stability Strategy report for the district if one has been adopted pursuant to Section 107.4.

(4) The action of the Planning Commission approving a Conditional Use does not take effect until the appeal period is over or while the approval is under appeal.

(5) If the use is an Adult Business, it shall not be located within 1,000 feet of another such use.

(q) Power Plants. The controls of this Subsection shall apply to all Power Plants in M-1, M-2, and PDR-1-G, and PDR-2 Districts, including any intensification of a Power Plants as described in Section 178(c)(2).

(1) Criteria. In acting on any application for Conditional Use authorization for a Power Plant, the Commission shall consider the conditional use authorization requirements set forth in Subsection (c) above and, in addition, shall only approve an application for a Conditional Use authorization if facts are presented to establish that, on the basis of the record before the Commission:

(A) The benefits to the City's energy system resulting from the energy generated by the proposed power plant cannot be obtained in a reasonable time from a technically and economically feasible power plant and/or energy conservation project that would have materially fewer potential environmental impacts considering, but not limited to, the following: (i) Emissions of criteria air pollutants and greenhouse gas emissions; (ii) Stormwater and wastewater discharges; and (iii) noise and vibration impacts.

(B) A newly proposed Power Plant use would not directly and adversely impact existing or reasonably foreseeable adjoining land uses, or, as applied to a prior nonconforming use, the extension of the power plant use or the increase in intensity of the use would not result in increased direct and adverse impacts on existing or reasonably foreseeable adjoining land uses; and

(C) Granting Conditional Use authorization would not reasonably be expected to leave known contamination in place in such a way that would prolong or increase public health risks associated with such contamination at levels inconsistent with a risk-based remediation consistent with the proposed power plant use; and

(D) Granting Conditional Use authorization would not reasonably be expected to preclude future redevelopment and reuse of the property for non-power plant uses.

(2) Written Findings. The Planning Commission shall make detailed written findings explaining the basis for its decision under this Section.

(3) Severability . In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule, or regulation invalidates any clause, sentence, paragraph of this Section or the application thereof to any person or circumstances, it is intended that the court or agency sever such clause, sentence, paragraph or section so that the remainder of this Section shall remain in effect.

(r) Development of Large Lots in RTO-1 and RTO-M Districts. In order to promote, protect, and maintain a scale of development that is appropriate to each district and compatible with adjacent buildings, new construction or significant enlargement of existing buildings on lots of the same size or larger than the square footage stated in Table 209.4 under Large Project Review shall be permitted only as Conditional Uses subject to the provisions set forth in this Section 303 of this Code.

In addition to the criteria of Section 303(c)(1) of this Code, the Planning Commission shall consider the extent to which the following criteria are met:

(1) The mass and articulation of the proposed structures are compatible with the intended scale of the district.

(2) For development sites greater than ½-acre, the extension of adjacent alleys or streets onto or through the site, and/or the creation of new publicly-accessible streets or alleys through the site as appropriate, in order to break down the scale of the site, continue the surrounding existing pattern of streets and alleys, and foster beneficial pedestrian and vehicular circulation.

(3) The site plan, including the introduction of new streets and alleys, the provision of open space and landscaping, and the articulation and massing of buildings, is compatible with the goals and policies of the applicable Area Plan in the General Plan.

(s) Wireless Telecommunications Services (WTS) Facilities.

(1) Due to the potential modification of WTS Facilities over time and the resulting impacts on a neighborhood's aesthetics and character, as well as other changes in neighborhood character over time, a Conditional Use Authorization for a WTS Facility shall have a duration of ten years from the date of approval. If any administrative appeal is taken from the Conditional Use Authorization, the ten-year period shall run from the date the Authorization is upheld on administrative appeal.

(2) The Authorization may be renewed, without limitation, for subsequent time periods of ten years, subject to the following:

(A) The renewal application is filed with the Planning Department prior to expiration, but no earlier than 24 months prior to expiration.

(B) For any Conditional Use Authorization for a WTS Facility, the Planning Commission may, in granting the Conditional Use Authorization, determine that the Director shall review and determine whether to grant any application for renewal of the Conditional Use Authorization for an additional ten-year period.

(C) This provision shall not apply to Conditional Use Authorizations granted prior to the effective date of this Subsection (s). However, applications for Conditional Use Authorizations to modify existing WTS Facilities that are granted on or after the effective date of this Subsection (s) are subject to this Subsection (s).

(t) Non-accessory Parking. When considering a Conditional Use application for non-accessory parking for a specific use or uses, the Planning Commission shall find affirmatively that the project satisfies the following criteria, in addition to those of subsection 303(c), as applicable.

(1) In all zoning districts, the Planning Commission shall apply the following criteria:

(A) Demonstration that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by car pool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;

(B) Demonstration that the apparent demand for additional parking cannot be satisfied by the provision by the applicant of one or more car-share parking spaces in addition to those that may already be required by Section 166 of this Code;

(C) The absence of potential detrimental effects of the proposed parking upon the surrounding area, especially through unnecessary demolition of sound structures, contribution to traffic congestion, or disruption of or conflict with transit services, walking, and cycling;

(D) In the case of uses other than housing, limitation of the proposed parking to short-term occupancy by visitors rather than long-term occupancy by employees; and

(E) Availability of the proposed parking to the general public at times when such parking is not needed to serve the use or uses for which it is primarily intended.

(2) For Non-Accessory Parking in Mixed Use Districts:

(A) A non-accessory garage permitted with Conditional Use may not be permitted under any condition to provide additional accessory parking for specific residential or non-residential uses if the number of spaces in the garage, in addition to the accessory parking permitted in the subject project or building, would exceed those amounts permitted asof-right or as a Conditional Use by Section 151.1.

(B) Criteria.

(i) Such facility shall meet all the design requirements for setbacks from facades and wrapping with active uses at all levels per the requirements of Section 145.1; and

(ii) Such parking shall not be accessed from any protected Transit or Pedestrian Street described in Section 155(r); and

(iii) Such parking garage shall be located in a building where the ratio of gross square footage of parking uses to other uses that are permitted or Conditionally permitted in that district is not more than 1 to 1; and

(iv) Such parking shall be available for use by the general public on equal terms and shall not be deeded or made available exclusively to tenants, residents, owners, or users of any particular use or building except in cases that such parking meets the criteria of subsection (C) or (D) below; and

(v) Such facility shall provide spaces for car sharing vehicles per the requirements of Section 166 and bicycle parking per the requirements of Sections 155.1 and 155.2; and

(vi) Such facility, to the extent open to the public per subsection (iv) above, shall meet the pricing requirements of Section 155(g) and shall generally limit the proposed parking to short-term occupancy rather than long-term occupancy; and

(vii) Vehicle movement on or around the facility does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; and

(viii) Such facility and its access does not diminish the quality and viability of existing or planned streetscape enhancements.

(C) Parking of Fleet Vehicles. Parking of fleet of commercial or governmental vehicles intended for work-related use by employees and not used for parking of employees’ personal vehicles may be permitted with Conditional Use provided that the Commission affirmatively finds all of the above criteria except criteria (iv) and (vi).

(D) Pooled Residential Parking. Non-accessory parking facilities limited to use by residents, tenants, or visitors of specific off-site development(s) may be permitted with Conditional Use, provided that the Commission affirmatively finds all of the above criteria under (B) except criteria (iv) and (vi), and provided further that the proposed parking on the subject lot would not exceed the maximum amounts permitted by Section 151.1 with Conditional Use or Exceptions under Sections 309.1 and 329 as accessory for the uses in the off-site residential development. For the purpose of this subsection, an “off-site development” is a development which is existing or has been approved by the Planning Commission or Planning Department in the previous 12 months, is located on a lot other than the subject lot, and does not include any offstreet parking. A Notice of Special Restrictions shall be recorded on both the off-site and subject development lot indicating the allocation of the pooled parking.

• (3) For Non-Accessory Parking in C-3, RC, NCT, and RTO Districts:

(A) The rate structure of Section 155(g) shall apply;

(B) The project sponsor has produced a survey of the supply and utilization of all existing publicly-accessible parking facilities, both publicly and privately owned, within one-half mile of the subject site, and has demonstrated that such facilities do not contain excess capacity, including via more efficient space management or extended operations; (C) In the case of expansion of existing facilities, the facility to be expanded has already maximized capacity through use of all feasible space efficient techniques, including valet operation or mechanical stackers;

(D) The proposed facility meets or exceeds all relevant urban design requirements and policies of this Code and the General Plan regarding wrapping with active uses and architectural screening, and such parking is not accessed from any frontages protected in Section 155(r);

(E) Non-accessory parking facilities shall be permitted in new construction only if the ratio between the amount of Occupied Floor Area of principally or conditionally-permitted non- parking uses to the amount of Occupied Floor Area of parking is at least two to one;

(F) The proposed facility shall dedicate no less than 5% of its spaces for short-term, transient use by car share vehicles as defined in Section 166, vanpool, rideshare, or other co-operative auto programs, and shall locate these vehicles in a convenient and priority location. These spaces shall not be used for long-term storage or to satisfy the requirement of Section 166, but rather are intended for use by short-term visitors and customers. Parking facilities intended for sole and dedicated use as long-term storage for company or government fleet vehicles, and not to be available to the public nor to any employees for commute purposes, are not subject to this requirement;

(G) For new or expanding publicly owned non-accessory parking facilities in the C-3, RC, NCT, and RTO Districts, the following shall also apply:

(i) Expansion or implementation of techniques to increase utilization of existing public parking facilities in the vicinity has been explored in preference to creation of new facilities, and has been demonstrated to be infeasible;

(ii) The City has demonstrated that all major institutions (cultural, educational, government) and employers in the area intended to be served by the proposed facility have Transportation Demand Management programs in place to encourage and facilitate use of public transit, carpooling, car sharing, bicycling, walking, and taxis;

(iii) The City has demonstrated that conflicts with pedestrian, cycling, and transit movement resulting from the placement of driveways and ramps, the breaking of continuity of shopping facilities along sidewalks, and the drawing of traffic through areas of heavy pedestrian concentration, have been minimized, and such impacts have been mitigated to the fullest extent possible; and

(iv) The proposed parking conforms to the objectives and policies of the General Plan and any applicable area plans, and is consistent with the City’s transportation management, sustainability, and climate protection goals.

(u) Accessory Parking Above That Principally Permitted.

(1) Residential Uses.

(A) In granting approval for parking accessory to Residential Uses above that principally permitted in Table 151.1, the Planning Commission shall make the following affirmative findings in addition to those stated in Section 303(c):

(i) For projects with 50 units or more, all residential accessory parking in excess of 0.5 parking spaces for each Dwelling Unit shall be stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that allow more space above-ground for housing, maximizes space efficiency, and discourages use of vehicles for commuting or daily errands. The Planning Commission may authorize the request for additional parking notwithstanding that the project sponsor cannot fully satisfy this requirement provided that the project sponsor demonstrates hardship or practical infeasibility (such as for retrofit of existing buildings) in the use of space-efficient parking given the configuration of the parking floors within the building and the number of independently accessible spaces above 0.5 spaces per unit is de minimus and subsequent valet operation or other form of parking space management could not significantly increase the capacity of the parking space above the maximums in Table 151.1;

(ii) All parking meets the active use and architectural screening requirements in Section 145.1 and the project sponsor is not requesting any exceptions or variances requiring such treatments elsewhere in this Code;

(iii) Demonstration that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by carpool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;

on that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by carpool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;

(iv) Demonstration that the apparent demand for additional parking cannot be satisfied by the provision by the applicant of one or more car-share parking spaces in addition to those that may already be required by Section 166 of this Code;

(v) The absence of potential detrimental effects of the proposed parking upon the surrounding area, especially through unnecessary demolition of sound structures, contribution to traffic congestion, or disruption of or conflict with transit services, walking, and cycling; and

(vi) Accommodating excess accessory parking does not degrade the overall urban design quality of the project proposal nor diminish the quality and viability of existing or planned streetscape enhancements.

(B) Required Additional Conditions. Additionally, in granting approval for such accessory parking above that principally permitted, the Commission may require the property owner to pay the annual membership fee to a certified car-share organization, as defined in Section 166(b)(2), for any resident of the project who so requests and who otherwise qualifies for such membership, provided that such requirement shall be limited to one membership per Dwelling Unit, when the following findings are made:

(i) that the project encourages additional private-automobile use, thereby creating localized transportation impacts for the neighborhood; and

(ii) that these localized transportation impacts may be lessened for the neighborhood by the provision of car-share memberships to residents.

(2) Non-Residential Uses.

(A) Criteria. In granting such Conditional Use, the Planning Commission shall make the following affirmative findings according to the uses to which the proposed parking is accessory:

(i) Vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district;

(ii) Accommodating excess accessory parking does not degrade the overall urban design quality of the project proposal;

(iii) All above-grade parking is architecturally screened and lined with active uses according to the standards of Section 145.1, and the project sponsor is not requesting any exceptions or variances requiring such treatments elsewhere in this Code; and

(iv) Excess accessory parking does not diminish the quality and viability of existing or planned streetscape enhancements.

(B) Conditions. All Non-Residential Uses exceeding 20,000 square feet shall be subject to the following conditions:

(i) Projects that provide more than 10 spaces for non-residential uses must dedicate 5% of these spaces, rounded down to the nearest whole number, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other co-operative auto programs. These spaces shall not be used for long-term storage nor satisfy the requirement of Section 166, but rather to park the vehicles during trips to commercial uses. These spaces may be used by shuttle or delivery vehicles used to satisfy Subsection (ii);

(ii) Retail uses larger than 20,000 square feet including but not limited to grocery, hardware, furniture, consumer electronics, greenhouse or nursery, and appliance stores, which sell merchandise that is impractical to carry on public transit, shall offer, at minimal or no charge to its customers, door-to-door delivery service and/or shuttle service. This is encouraged, but not required, for retail uses less than 20,000 square feet;

(iii) Parking shall be limited to short-term use only; and

(iv) Parking shall be available to the general public at times when such parking is not needed to serve the use or uses to which it is accessory.

(v) Affordable Housing Bonus Projects. The purpose of this Section 303(v) is to ensure that all Analyzed State Density Bonus Program Projects under Section 206.5 are reviewed in coordination with priority processing available for certain projects with greater levels of affordable housing. While most projects in the Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.

(1) Planning Commission Design Review: The Planning Commission shall review and evaluate all physical aspects of a State Analyzed Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be larger in height and mass than surrounding buildings to achieve the Affordable Housing Bonus Program’s affordable housing goals. However, the Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale.

(2) Additional Criteria. In addition to the criteria set forth in subsection (c)(2), the Planning Commission shall consider the extent to which the following criteria are met:

• (A) whether the project would require the demolition of an existing building;

• (B) whether the project would remove existing commercial or retail uses;

(C) If the project would remove existing commercial or retail uses, how recently the commercial or retail uses were occupied by a tenant or tenants;

• (D) whether the project includes commercial or retail uses;

(E) whether there is an adverse impact on the public health, safety, and general welfare due to the loss of commercial or retail uses in the district where the project is located; and

(F) whether any existing commercial or retail use has been designated, or is eligible to be designated, as a Legacy Business under Administrative Code Section 2A.242; or is a formula retail business.

(3) 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 206.5(d)(7).

(w) Cannabis Retail. With respect to any application for the establishment of a new Cannabis Retail Use, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the geographic distribution of Cannabis Retail Uses throughout the City, the concentration of Cannabis Retail and Medical Cannabis Dispensary Uses within the general proximity of the proposed Cannabis Retail Use, the balance of other goods and services available within the general proximity of the proposed Cannabis Retail Use, any increase in youth access and exposure to cannabis at nearby facilities that primarily serve youth, and any proposed measures to counterbalance any such increase.

(x) Medical Cannabis Dispensaries. With respect to any application for the establishment of a new Medical Cannabis Dispensary Use, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the concentration of Cannabis Retail and Medical Cannabis Dispensary Uses within the general proximity the proposed Medical Cannabis Dispensary Use.

(y) Curb Cuts on Restricted Streets. With respect to an application for a new or expanded curb cut on street frontages subject to Section 155(r), the Planning Commission shall affirmatively find, in addition to those findings in subsections 303(c) and (d) above, that the project meets one or more of the following criteria:

(1) That the restriction on curb cuts at this location would substantially affect access to or operations of emergency services;

(2) That the proposed land use(s) requires off-street parking or loading for disability access under a local, State, or federal law or has an extraordinary need to provide off-street parking or loading for a General Grocery Use, Institutional Use, or PDR Use; and/or

(3) The proposed use necessitates on-site loading spaces in order to prevent a significant negative impact on Muni operations, the safety of pedestrian, cyclists, or traffic hazards.

(z) Liquor Stores. With regard to the Conditional Use application for a Liquor Store use, the Planning Commission shall consider, in addition to the criteria set forth in subsection (c) above:

(1) the existing concentration of Liquor Store uses within 300 feet of the proposed location; and

(2) the availability of General Grocery or Specialty Grocery stores in the area selling alcoholic beverages as well as a range of foods.

(aa) Change in Use or Demolition of Residential Care Facility. With respect to a change of use from or demolition of a Residential Care Facility, as defined in Sections 102 and 890.50(e) of the Planning Code, including a Residential Care Facility established with or without the benefit of any permits required under the Municipal Code, in addition to the criteria set forth in subsections (c) and (d) of this Section 303, the Commission shall take into account the following factors when considering a Conditional Use Authorization for the change of use or demolition of a Residential Care Facility:

(1) Information provided by the Department of Public Health, the Human Services Agency, the Department of Disability and Aging Services, the Golden Gate Regional Center, and/or the San Francisco Long-Term Care Coordinating Council with regard to the population served, nature and quality of services provided, and capacity of the existing Residential Care Facility;

(2) Data on available beds at licensed Residential Care Facilities within a one-mile radius of the site, and assessment from any of the above agencies regarding whether these available beds are sufficient to serve the need for residential care beds in the neighborhoods served by the Residential Care Facility proposed for a change of use or demolition, and in San Francisco;

(3) Whether the Residential Care Facility proposed for a change of use or demolition will be relocated or its capacity will be replaced at another Residential Care Facility Use, and whether such relocation or replacement is practically feasible; and

(4) Whether the continued operation of the existing Residential Care Facility by the current operator is practically feasible and whether any other licensed operator or any of the above agencies has been contacted by the applicant seeking the change of use or demolition, or has expressed interest in continuing to operate the facility.

(bb) Social Service and Philanthropic Facilities in Chinatown Visitor Retail, Chinatown Residential Neighborhood Commercial, and Chinatown Community Business Districts. With regard to a Conditional Use application for a Social Service or Philanthropic Facility use pursuant to Section 121.4 of this Code, in addition to consideration of the criteria set forth in subsection (c) above, the Planning Commission shall, in order to grant a Conditional Use Authorization, find that the proposed use will primarily serve the Chinatown neighborhood.

(cc) Parcel Delivery Services.

(1) Criteria. With respect to a Conditional Use application for Parcel Delivery Service use as defined in Section 102 of the Planning Code that is less than 5,000 square feet in size, the Planning Commission shall consider the criteria in subsections (c) and (d) above. With respect to a Conditional Use application for Parcel Delivery Service use that is 5,000 square feet or larger, in addition to the criteria in subsections (c) and (d) above, the Planning Commission shall consider the following:

d in Section 102 of the Planning Code that is less than 5,000 square feet in size, the Planning Commission shall consider the criteria in subsections (c) and (d) above. With respect to a Conditional Use application for Parcel Delivery Service use that is 5,000 square feet or larger, in addition to the criteria in subsections (c) and (d) above, the Planning Commission shall consider the following:

(A) The extent to which the use will adversely impact traffic patterns and queuing times and add total vehicle miles traveled, including by delivery drivers and couriers operating to and from the site;

(B) The greenhouse gas emissions resulting from operating of the site, including from indirect sources such as courier and delivery vehicles;

(C) The impact that the use will have on public transit, public safety, and emergency response, with particular attention paid to the rate of workplace injury associated with the use and moving violations and traffic accidents requiring public safety or emergency service response; and

(D) The impact on educational institutions located near the site; and

(E) An economic impact study. The Planning Department shall prepare an economic impact study using City staff or shall, consistent with the Charter, select a consultant from a pool of pre-qualified consultants to prepare the economic impact study required by this subsection (cc). The economic impact study shall be considered by the Planning Commission in its review of the application. In the event a consultant is used, the applicant shall bear the cost of paying the consultant for their work preparing the economic impact study, and any necessary documents prepared as part of that study. The study shall evaluate the potential economic impact of the applicant’s proposed project, including:

(i) Employment Analysis. The report shall include the following employment information: a projection of both construction-related and permanent employment generated by the proposed project, and a discussion of whether the employer of the proposed project will pay a living wage, inclusive of non-salary benefits expected to be provided, relative to San Francisco’s cost of living. The employment analysis shall also include a discussion of the past and current

employment practices of the proposed operator, if any, including but not limited to artificial intelligence utilization and autonomous vehicles driven in ratio of human-operated activities.

(ii) Fiscal Impact. The report shall itemize public revenue created by the proposed project and public services needed because of the proposed project, relative to net fiscal impacts to the General Fund. The impacts to the City’s public facilities and infrastructure shall be estimated using the City’s current assumptions in existing nexus studies (including area plan, transit, open space in-lieu fee and other impact fees), and should account for any contributions the proposed project would make through such impact fee payments.

(2) Required Additional Conditions. All Parcel Delivery Service facilities shall be subject to at least the following conditions of project approval:

(A) Electrification. Facilities shall include necessary infrastructure and electrical capacity to accommodate and charge electric vehicles—including electric heavy-duty delivery trucks, employee vehicles, and all other zero-emission vehicles accessing the facility; power refrigeration for refrigerated spaces; and serve any other processes that would otherwise rely upon fossil fuel combustion. Facilities shall install battery storage to address power disruption. Diesel back-

up generators shall only be permitted if the facility demonstrates battery storage is infeasible and shall meet CARB’s Tier 4 emission standards or meet the most stringent in-use standard, whichever has the least emissions.

(B) Idling of Vehicles. To reduce idling emissions from transport trucks, the facility shall have signage placed at truck access points, loading docks, and truck parking areas that clearly notes idling for more than three minutes is strictly prohibited on the subject property. The facility shall fund placement of similar signs installed by the City in the adjacent streets used for access. Each sign placed outside the property should note the California Air Resources Board idling prohibitions on the adjacent streets and include telephone numbers of the building facilities manager and the California Air Resources Board to report violations. All signage should be made of weather-proof materials. All site and architectural plans submitted to the City shall note the locations of these signs.

ign placed outside the property should note the California Air Resources Board idling prohibitions on the adjacent streets and include telephone numbers of the building facilities manager and the California Air Resources Board to report violations. All signage should be made of weather-proof materials. All site and architectural plans submitted to the City shall note the locations of these signs.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 47-92, App. 2/14/92; Ord. 304-99, File No. 990495, App. 12/3/99; Ord. 311-99, File No. 991585, App. 12/3/99; Ord. 169-00, File No. 991953, App. 7/7/2000; Ord. 259-00, File No. 001422, App. 11/17/2000; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 43-03, File No. 021772, App. 4/3/2003; Ord. 62-04, File No. 031501, App. 4/9/2004; Ord. 89-04, File No. 031463, App. 5/27/2004; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 140-06, File No. 052921, App. 6/22/2006; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 112-08, File No. 080095, App. 6/30/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 106-12 , File No. 120047, App. 6/22/2012, Eff. 7/22/2012; 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. 24813 , File No. 130372, App. 11/8/2013, Eff. 12/8/2013; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14 , File No. 140844, 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. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 198-18, File No. 180456, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 17918, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 149-21, File No. 210535, App. 9/29/2021, Eff. 10/30/2021; Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

[Former] division (i) and division (l)(5)(A) amended; Ord. 140-11, Eff. 8/4/2011. [Former] division (i) amended; [former] division (p) added; Ord. 75-12 , Eff. 5/23/2012. [Former] division (i) amended; Ord. 106-12 , Eff. 7/22/2012. [Former] division (g)(1)(D) added; [former] divisions (g)(2) and (g)(3) amended; Ord. 182-12 , Eff. 9/7/2012. Divisions (c)(3), (c) (4), (c)(5)(A), (c)(5)(A)(i), and [former] (i) amended; former divisions (j)(A)-(D) redesignated as [former] (j)(1)-(4); [former] divisions (k)(1), (l)(3), (l)(5), (n)(1), and (o)(1) amended; Ord. 56-13 , Eff. 4/27/2013. [Former] division (i) amended; Ord. 248-13 , Eff. 12/8/2013. Former division (i) deleted; former division (j) redesignated as current division (i) and new division (i)(5) added; former divisions (k)-(o) redesignated as current divisions (j)-(n) and internal references adjusted accordingly; former divisions (p) and (p)(1)(A) redesignated as current divisions (o) and [former] (o)(1); Ord. 235-14 , Eff. 12/26/2014. Former division (c)(1)(A) merged into division (c)(1) and amended; former divisions (c)(1)(A) (i)-(iii) redesignated as (c)(1)(A)-(C); divisions (c)(4) and (c)(5) amended; former division (c)(6) deleted; divisions (f)(1)-

j)-(n) and internal references adjusted accordingly; former divisions (p) and (p)(1)(A) redesignated as current divisions (o) and [former] (o)(1); Ord. 235-14 , Eff. 12/26/2014. Former division (c)(1)(A) merged into division (c)(1) and amended; former divisions (c)(1)(A) (i)-(iii) redesignated as (c)(1)(A)-(C); divisions (c)(4) and (c)(5) amended; former division (c)(6) deleted; divisions (f)(1)-

(3) amended; former division (g)(1) merged into division (g) and former divisions (g)(1)(A)-(D) redesignated as (g)(1)(4); former divisions (g)(2) and (g)(3) deleted; divisions (h)(1), (h)(3)(A)-(C), (j), and (j)(1) amended; former division (j) (1)(A)(i) merged into division (j)(1)(A) and amended; divisions (j)(1)(B), (l), and (l)(1) amended; former division (l)(1) (A)(i) merged into division (l)(1)(A) and amended; divisions (m)(1), (n)(1), and (n)(1)(A) amended; former division (o)(1) merged into division (o) and amended; divisions (p) and (q) added; Ord. 22-15, Eff. 3/22/2015. Divisions (n)(1)(A), (p), (p)(1), and (p)(2) amended; division (r) added; Ord. 188-15 , Eff. 12/4/2015. Division (s) added; Ord. 166-16 , Eff. 9/10/2016. Divisions (t) and (u) added; Ord. 99-17 , Eff. 6/18/2017. [Former] division (t) added; Ord. 116-17 , Eff. 7/13/2017. Divisions (a), (b), (c), (d), (e), (f)-(f)(5)(B), amended; former division (j)(1) merged into division (j) and amended; former divisions (j)(1)(A)-(C) redesignated as (j)(1)-(3); divisions (k)(1), (k)(2), (k)(4)(B), (k)(4)(B)(iv), and (k) (6) amended; former division (l)(1) merged into division (l), former divisions (l)(1)(A)-(B) redesignated as (l)(1)-(2), and current divisions (l)-(l)(2) amended; former division (n)(1) merged into division (n), former divisions (n)(1)(A)-(D) redesignated as (n)(1)-(4), and former divisions (n)(1)(B)(i)-(iii) redesignated as (n)(2)(A)-(C); current divisions (n), (n) (1), (n)(2)(A), and (n)(2)(C) amended; divisions (p), (p)(1), (p)(2), (p)(3), and (r) amended; Ord. 129-17 , Eff. 7/30/2017. Divisions (a), (f), and (o) amended; Ord. 205-17 , Eff. 12/3/2017. Second division (t) redesignated as (v) and related references amended; divisions (w) and (x) added; Ord. 229-17, Eff. 1/5/2018. Divisions (v) and (v)(1) amended; former divisions (v)(1)(A)- (v)(2)(G) deleted; former divisions (v)(3)-(v)(3)(F) and (v)(4) redesignated as (v)(2)-(v)(2)(F) and (v) (3); current division (v)(3) amended; Ord. 198-18, Eff. 9/10/2018. Divisions (y)-(y)(3) added; Ord. 277-18, Eff. 12/21/2018. Division (f)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (z)-(z)(B)1 added; Ord. 182-19 , Eff. 9/9/2019. Exceptions (1)-(3) appended to division (n); divisions (z)(A) and (z)(B) redesignated as (z)(1) and (z)(2); Ord. 63-20, Eff. 5/25/2020. Division (aa) added; Ord. 149-21, Eff. 10/30/2021. Division (bb) added; Eff. 12/6/2021. Division (n)(1) deleted; divisions (n)(2)-(4) redesignated as (n)(1)-(3); division (n) Exceptions (1)(A) and (3) deleted; division (n) Exception (1)(B) merged into Exception (1); current division (n) Exceptions (1) and (2) amended; Ord. 233-21, Eff. 1/22/2022. Division (n) amendments reapplied; Exception (1) further amended; Ord. 37-22, Eff. 4/14/2022. Divisions (p), (p)(1), (p)(1)(D), (p)(2) amended; new division (p)(3) added; former division (p)(3) redesignated as (p)(4); Ord. 75-22, Eff. 6/13/2022. Divisions (p)(1)(A)-(D) deleted; divisions (p)-(p)(1) amended as (p); division (p)(2) amended as (p)(2)-(p) (2)(A); divisions (p)(1), (p)(2)(B), and (p)(5) added; Ord. 70-23, Eff. 6/3/2023. Divisions (cc)- (cc)(2)(B) added; Ord. 4724, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Division (cc)(1)(D) redesignated as (cc)(1)(E); new division (cc)(1) (D) added; division (cc)(1)(E)(i) amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Divisions (i) and (i)(5) amended; Ord. 297-24, Eff. 1/19/2025. Divisions (a), (g), (g)(2)-(3) amended; division (g)(4) deleted; Ord. 37-25, Eff. 5/4/2025. Division (r) amended; Ord. 245-25, Eff. 1/12/2026.

and Ord. 54-24, Retro. 3/30/2024. Division (cc)(1)(D) redesignated as (cc)(1)(E); new division (cc)(1) (D) added; division (cc)(1)(E)(i) amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Divisions (i) and (i)(5) amended; Ord. 297-24, Eff. 1/19/2025. Divisions (a), (g), (g)(2)-(3) amended; division (g)(4) deleted; Ord. 37-25, Eff. 5/4/2025. Division (r) amended; Ord. 245-25, Eff. 1/12/2026.

• Editor's Note:

Prior to the effectiveness of Ord. 235-14 , this Sec. 303(i) pertained to formula retail uses. That ordinance deleted those provisions from this section and enacted new Sec. 303.1 ("Formula Retail Uses").

SEC. 303.1. FORMULA RETAIL USES.

(See Interpretations related to this Section)

(a) Findings.

(1) San Francisco is a city of diverse and distinct neighborhoods identified in large part by the character of their commercial areas.

(2) One of the eight Priority Policies of the City's General Plan resolves that "existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced."

(3) Retail uses are the land uses most critical to the success of the City's commercial districts.

(4) Formula Retail businesses are increasing in number in San Francisco, as they are in cities and towns across the country.

(5) San Francisco is one of a very few major urban centers in the State in which housing, shops, work places, schools, parks and civic facilities intimately co-exist to create strong identifiable neighborhoods. The neighborhood streets invite walking and bicycling and the City's mix of architecture contributes to a strong sense of neighborhood community within the larger City community.

(6) Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many Formula Retail businesses can detract from the distinctive character and aesthetics of certain Neighborhood Commercial Districts.

(7) The increase of Formula Retail businesses in the City's neighborhood commercial areas, if not monitored and regulated, will hamper the City's goal of a diverse retail base with distinct neighborhood retailing personalities comprised of a mix of businesses. Specifically, the unregulated and unmonitored establishment of additional Formula Retail uses may unduly limit or eliminate business establishment opportunities for smaller or medium-sized businesses, many of which tend to be non-traditional or unique, and unduly skew the mix of businesses towards formula retailers in lieu of unique or start-up retailers, thereby decreasing the diversity of merchandise available to residents and visitors and the diversity of purveyors of merchandise.

uses may unduly limit or eliminate business establishment opportunities for smaller or medium-sized businesses, many of which tend to be non-traditional or unique, and unduly skew the mix of businesses towards formula retailers in lieu of unique or start-up retailers, thereby decreasing the diversity of merchandise available to residents and visitors and the diversity of purveyors of merchandise.

(8) If, in the future, neighborhoods determine that the needs of their Neighborhood Commercial Districts are better served by eliminating the notice requirements for proposed Formula Retail uses, by converting Formula Retail uses into conditional uses in their district, or by prohibiting Formula Retail uses in their district, they can propose legislation to do so.

(9) Neighborhood Commercial Districts are intended to preserve the unique qualities of a district while also serving the daily needs of residents living in the immediate neighborhood; however, community members have reported loss of daily needs uses due to inundation of formula retailers that target larger citywide or regional audiences. The City strives to ensure that goods and services that residents require for daily living are available within walking distance and at an affordable price. Establishments that serve daily needs and Formula Retail establishments are neither mutually exclusive nor completely overlapping.

(10) The San Francisco retail brokers' study of 28 Neighborhood Commercial Districts conducted in 2014 found that the healthiest and most viable retail environments offer a mix of retailers who vary in size and offerings; including a mix of conventional and cutting edge retailers as well as established players and newcomers.

(11) Formula retailers are establishments with multiple locations and standardized features or a recognizable appearance. Recognition is dependent upon the repetition of the same characteristics of one store in multiple locations. The sameness of Formula Retail outlets, while providing clear branding for consumers, counters the general direction of certain land use controls and General Plan Policies which value unique community character and therefore need controls, in certain areas, to maintain neighborhood individuality.

(12) The homogenizing effect of Formula Retail, based on its reliance on standardized branding, is greater if the size of the Formula Retail use, in number of locations or size of use or branded elements, is larger. The increased level of homogeneity distracts from San Francisco's unique neighborhoods, which thrive on a high level of surprise and interest maintained by a balanced mix of uses and services, both independent and standardized.

(13) Due to the distinct impact that Formula Retail uses have on a neighborhood, these uses are evaluated for concentration as well as compatibility within a neighborhood. As neighborhoods naturally evolve over time, changes and intensifications of Formula Retail uses should also be re-evaluated for concentration and compatibility within a neighborhood.

(14) According to an average of ten studies done by the firm Civic Economics and published by the American Independent Business Alliance in October of 2012, spending by independent retailers generated 3.7 times more direct local spending than that of Formula Retail chains.

(15) Money earned by independent businesses is more likely to circulate within the local neighborhood and City economy than the money earned by Formula Retail businesses which often have corporate offices and vendors located outside of San Francisco.

(16) According to a 2014 study by the San Francisco Office of Economic Analysis (OEA) report "Expanding Formula Retail Controls: Economic Impact Report" the uniqueness of San Francisco's neighborhoods is based on a combination of unique visual characteristics and a sense of community fostered by small merchants and resident relationships. A Formula Retail establishment is determined by its recognizable look which is repeated at every location, therefore, detracting from the unique community character.

(17) The OEA Report found that in general, chain stores charge lower prices and provide affordable goods, but may spend less within the local economy, and can be unpopular with some residents because they can be seen to diminish the character of the neighborhood. At the same time, this OEA Report found that excessively limiting chain stores can reduce commercial rents and raise vacancy rates.

(18) Through a 2014 study commissioned by the Planning Department, titled "San Francisco Formula Retail Economic Analysis," staff and consultants conducted one-on-one interviews and worked with small groups including independent retailers, small business owners, merchants associations, formula retailers, commercial brokers, neighborhood representatives and other stakeholders. The Study found that landlords often perceive a benefit in renting to large established chains, which landlords believe typically have better credit and can sign longer leases than local, independent retailers, lowering the risk that the tenant will be unable to pay its rent. The existing land use controls for Formula Retail may create a disincentive for formula retailers to locate where the formula retail controls apply.

(b) Definition. A Formula Retail use is hereby defined as a type of retail sales or service activity or retail sales or service establishment that has eleven or more other retail sales establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the eleven establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a servicemark.

(1) Standardized array of merchandise shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings.

(2) Trademark shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

(3) Servicemark shall be defined as word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

(4) Decor shall be defined as the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.

(5) Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

(6) Facade shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.

(7) Uniform Apparel shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.

(8) Signage shall be defined as business sign pursuant to Section 602.3 of the Planning Code.

(c) "Retail Sales or Service Activity or Retail Sales or Service Establishment." For the purposes of this Section 303.1, a retail sales or service activity or retail sales or service establishment shall include the following uses whether functioning as a Principal or Accessory Use, as defined in Articles 1, 2, 7, and 8 of this Code:

• Bar § 102;

• Drive-up Facility §§ 102, 890.30;

• Eating and Drinking Use § 102;

• Liquor Store § 102;

• Sales and Service, Other Retail § 890.102 and Retail Sales and Service, General;

• Restaurant § 102;

• Limited-Restaurant § 102;

• Sales and Service, Retail §§ 102, 890.104;

• Service, Financial §§ 102, 890.110;

• Movie Theater §§ 102, 890.64;

• Amusement Game Arcade § 890.4;

• Service, Limited Financial, except single automated teller machines at the street front that meet the Commission’s adopted Performance-Based Design Guidelines and automated teller machines located within another use that are not visible from the street § 102;

• Service, Fringe Financial §§ 102, 890.113;

• Tobacco Paraphernalia Establishment §§ 102, 890.123;

• Massage Establishment §§ 102, 890.60;

• Service, Personal §§ 102, 890.116

• Service, Instructional § 102 ;

• Gym; § 102

• General Grocery § 102;

• Specialty Grocery § 102;

• Pharmacy § 102;

• Jewelry Store §§ 102, 890.51;

• Tourist Oriented Gift Store §§ 102, 890.39;

• Non-Auto Vehicle Sales or Rental §§ 102, 890.69; and

• Cannabis Retail §§ 102, 890.125.

(d) Conditional Use Criteria. With regard to a Conditional Use authorization application for a Formula Retail use, the Planning Commission shall consider, in addition to the criteria set forth in Section 303, the criteria below and the Performance-Based Design Guidelines adopted by the Planning Commission to implement the criteria below.

(1) The existing concentrations of Formula Retail uses within the district and within the vicinity of the proposed project. To determine the existing concentration, the Planning Commission shall consider the percentage of the total linear street frontage within a 300-foot radius or a quarter of a mile radius, at the Planning Department's discretion, from the subject property that is occupied by Formula Retail and non-Formula Retail businesses. The Department's review shall include all parcels that are wholly or partially located within the 300-foot radius or quarter-mile radius. If the subject property is a corner parcel, the 300-foot radius or quarter mile radius shall include all corner parcels at the subject intersection. For each property, the Planning Department shall divide the total linear frontage of the lot facing a publicright of way by the number of storefronts, and then calculate the percentage of the total linear frontage for Formula Retail and non-Formula Retail. Half percentage points shall be rounded up.

For the Upper Market Street Neighborhood Commercial District only, if the application would bring the formula retail concentration within a 300-foot radius to a concentration of 20% or above, Planning Department staff shall recommend disapproval of the application to the Planning Commission. If the application would not bring the formula retail concentration within the 300-foot radius to a concentration of 20% or above, Planning Department staff shall assess the application according to all the other criteria listed in this Subsection 303.1(d), and recommend approval or disapproval to the Planning Commission, according to its discretion and professional judgment. In either case, the Planning Commission may approve or reject the application, considering all the criteria listed in this Subsection 303.1(d).

(2) The availability of other similar retail uses within the district and within the vicinity of the proposed project.

(3) The compatibility of the proposed Formula Retail use with the existing architectural and aesthetic character of the district.

• (4) The existing retail vacancy rates within the district and within the vicinity of the proposed project.

• (5) The existing mix of Citywide-serving retail uses and daily needs-serving retail uses within the district and within the vicinity of the proposed project.

• (6) Additional relevant data and analysis set forth in the Performance-Based Design Guidelines adopted by the Planning Commission.

(7) For Formula Retail uses of 20,000 gross square feet or more, except for General or Specialty Grocery stores as defined in Articles 2, 7 and 8 of this Code, the contents of an economic impact study prepared pursuant to Section 303(i) of this Code.

(8) Notwithstanding anything to the contrary contained in Planning Code Article 6 limiting the Planning Department's and Planning Commission's discretion to review signs, the Planning Department and Planning Commission may review and exercise discretion to require changes in the time, place and manner of the proposed signage for the proposed Formula Retail use, applying the Performance-Based Design Guidelines.

nding anything to the contrary contained in Planning Code Article 6 limiting the Planning Department's and Planning Commission's discretion to review signs, the Planning Department and Planning Commission may review and exercise discretion to require changes in the time, place and manner of the proposed signage for the proposed Formula Retail use, applying the Performance-Based Design Guidelines.

(e) Conditional Use Authorization Required. Conditional Use authorization shall be required for a Formula Retail use in the zoning districts listed in this subsection (e) unless explicitly exempted, except for those uses not permitted pursuant to subsection (f).:1

(1) All RC Districts as defined in Section 209.3, except for lots in the RC-3 District that front Van Ness Avenue, beginning immediately north of Chestnut Street to the north, to Broadway to the south, and lots in the RC-4 District that front Van Ness Avenue, from Broadway to Redwood Street

• (2) RTO-C Districts (209.4); and Limited Commercial Uses in RTO-1 and RTO-M Districts (Sec. 209.4) as permitted by Sections 186 and 231

• (3) Western SoMa Special Use District (Sec. 249.39)

• (4) Central SoMa Special Use District (Sec. 249.78)

• (5) All Neighborhood Commercial Districts in Article 7

• (6) Third Street Formula Retail Restricted Use District (Sec. 786)

• (7) Chinatown Community Business District (Sec. 810);

• (8) Chinatown Residential Neighborhood Commercial District as defined in1 (Sec. 812);

• (9) MUG – Mixed Use-General District (Sec. 831)

• (10) UMU – Urban Mixed Use District (Sec. 838)

• (11) RED-MX – Residential Enclave – Mixed District (Sec. 835)

• (12) SALI – Service/Arts/Light Industrial District (Sec. 836), up to the limit in set forth therein

• (13) UMU – Urban Mixed Use District (Sec. 838)

• (14) WMUG – WSoMa Mixed Use-General (Sec. 839)

• (15) WMUO – WSoMa Mixed Use-Office (Sec. 840), up to the limit in set forth therein

• (16) Limited Commercial Uses in the RED District (Sec. 834), as permitted by Sections 186 and 231

• (f) Formula Retail Uses Not Permitted. Specified Formula Retail Uses are not permitted in certain zoning districts, as set forth below.

• (1) All Formula Retail Uses are not permitted in the following districts:

• (A) RH Districts (Sec. 209.1)

• (B) RM Districts (Sec. 209.2)

• (C) Hayes-Gough NCT District (Sec. 761)

• (D) North Beach NDC (Sec. 722)

• (E) Chinatown Visitor Retail District (Sec. 811)

• (2) Formula Retail Restaurant and Limited Restaurant Uses are not permitted in the following districts:

• (A) Broadway NCD (Sec. 714)

• (B) Upper Fillmore Street NCD (Sec. 718)

• (C) Noriega Street NCD (Sec. 731)

• (D) Irving Street NCD (Sec. 732)

• (E) Taraval Street NCD (Sec. 733)

• (F) Judah Street NCD (Sec. 734)

(G) Taraval Street Restaurant Subdistrict (Sec. 781.1), and within 1/4 mile of the subdistrict if within the NC-1 District

• (H) Chinatown Community Business District (Sec. 810)

• (I) Chinatown Residential NCD (Sec. 812)

(3) Formula Retail Limited Restaurant Uses are not permitted in the 24th Street – Noe Valley NCD (Sec. 728).

(4) Formula Retail Bar, Restaurant, and Limited Restaurant Uses are not permitted in the following districts:

(A) Central SoMa Special Use District (Sec. 249.78)

• (B) Central SoMa Mixed Use-Office District (Sec. 830)

(5) Formula Retail pet supply stores and Eating and Drinking Uses are not permitted in the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict (Sec. 781.4).

(g) Neighborhood Notification and Design Review. Any application for a Formula Retail use as defined in this section shall be subject to the notification and review procedures of Sections 311 or 333, as applicable, of this Code.

(h) Determination of Formula Retail Use. In those areas in which Formula Retail uses are prohibited or subject to the provisions of Subsections 303.1(d) or (e), any application for an entitlement or determination determined by the City to be for a Formula Retail use that does not identify the use as a Formula Retail use is incomplete and cannot be processed until the omission is corrected. Any entitlement approved or determination made that is determined by the City to have been, at the time of application, for a Formula Retail use that did not identify the use as a Formula Retail use is subject to revocation at any time. If the City determines that an entitlement or determination, or an application for the same, is for a Formula Retail use, the applicant or holder of the entitlement bears the burden of proving to the City that the proposed or existing use is not a Formula Retail use.

(i) Performance-Based Design Guidelines. All new, enlarged, intensified or non-intensified Formula Retail uses or establishments must comply with the Commission's adopted Performance-Based Design Guidelines for Formula Retail, as directed by the Planning Department and Planning Commission.

(j) Change of Use. Changes of Formula Retail establishments are generally described below, except that a change of a Formula Retail use that is also a nonconforming use pursuant to Section 182 is prohibited. In all other instances, changes of Formula Retail establishments from one use category to another, including a change from one use to another within the sub-categories of uses set forth in the definition of Retail Sales and Services in Section 102 and in Section 890.102 for Mixed Use Districts, require a new Conditional Use authorization as a new Formula Retail use. Changes of Formula Retail owner or operator within the same use category that are determined to be an enlargement or intensification of use pursuant to subsection 178(c) are required to obtain Conditional Use authorization and shall meet the Commission’s adopted Performance-Based Design Guidelines for Formula Retail. In cases determined not to be an enlargement or intensification of use, the Performance-Based Design Guidelines for Formula Retail may be applied and approved administratively by the Planning Department, unless the applicant requests a Conditional Use hearing at the Planning Commission. The applicant shall also pay an administrative fee to compensate Planning Department and City staff for its time reviewing the project under this subsection (j), as set forth in Section 360 of this Code.

(k) Accessory Uses. Conditional Use authorization shall be required for all Accessory Uses within those use categories subject to Formula Retail controls as defined in this Section 303.1, except for the following:

(1) Single automated teller machines falling within the definition of Limited Financial Services that are located at the street front that meet the Commission's adopted Performance-Based Design Guidelines for automated teller machines;

(2) Automated teller machines located within another use that are not visible from the street;

(3) Vending machines that do not exceed 15 feet of street frontage or occupy more than 200 square feet of area facing a public right of way.

(Added by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; amended by 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. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; 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; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 62-25, File No. 250101, App. 5/1/2025, Eff. 6/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1326, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

d. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 62-25, File No. 250101, App. 5/1/2025, Eff. 6/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1326, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Divisions (c)(18) and (19) added; Ord. 22-15, Eff. 3/22/2015. Division (a)(9) amended; former divisions (c)(1)-(19) merged into division (c) and current division (c) amended; divisions (d) and (e)(4) amended; former divisions (e)(5) and (e)(9) deleted; former divisions (e)(6)-(8) and (e)(10)-(12) redesignated as (e)(5)-(10) and amended; divisions (g), (j), and (k) amended; Ord. 129-17, Eff. 7/30/2017. Division (c) amended; Ord. 229-17, Eff. 1/5/2018. Divisions (c), (f)(4)-(6), (f) (8)-(9), and (j) amended; Ord. 202-18, Eff. 9/10/2018. Division (g) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (e) (13) and (f)(10) added; Ord. 296-18 , Eff. 1/12/2019. Division (c) amended; Ord. 205-19 , Eff. 10/12/2019. Division (e) (13) redesignated as (e)(11); Ord. 63-20, Eff. 5/25/2020. Divisions (e)(10)-(11) amended; former division (f)(6) deleted; former divisions (f)(7)-(10) redesignated as (f)(6)-(9); new divisions (f)(10)-(11) added; Ord. 249-23, Eff. 1/14/2024. Divisions (e)(8) and (f)(10)- (11) amended; Ord. 85-24, Eff. 5/27/2024. Division (e)(9) amended; former division (e)(10) deleted; former division (e)(11) redesignated as (e)(10); Ord. 297-24, Eff. 1/19/2025.. Division (e)(4) amended; Ord. 6225, Eff. 6/1/2025. Divisions (e)(8)-(10) amended; division (e)(11) added; Ord. 245-25, Eff. 1/12/2026. Divisions (e)-(e) (11) and (f)-(f)(11) amended as (e)- (e)(16) and (f)-(f)(5), respectively; Ord. 13-26, Eff. 3/16/2026. Division (e)(2) amended; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTE

1. So in Ord. 13-26.

SEC. 303.2. PRIORITY PROCESSING FOR CERTAIN USES IN COMMERCIAL SPACE: EXPEDITED CONDITIONAL USE REVIEW AND APPROVAL PROCESS AND REDUCED APPLICATION FEE.

(a) Findings.

(1) In April 2013, the Planning Commission adopted the Small Business Priority Processing Pilot Program. The stated goal of the pilot program was to accelerate the review of certain small business applications without compromising the review times of other applications.

(2) Building on the success of the pilot program, Planning Department staff in consultation with staff from the Office of Small Business proposed expanding the program to additional types of applications. The expanded program was adopted by the Planning Commission in February 2015 and renamed the Community Business Priority Processing Program. As expressed in the Commission’s adoption of Resolution No. 19323, the intent was to support the business community – especially small and mid-sized businesses – and to increase efficiencies in the way the Commission and Department handle related applications.

e expanded program was adopted by the Planning Commission in February 2015 and renamed the Community Business Priority Processing Program. As expressed in the Commission’s adoption of Resolution No. 19323, the intent was to support the business community – especially small and mid-sized businesses – and to increase efficiencies in the way the Commission and Department handle related applications.

(3) By enacting this Section 303.2, the Board of Supervisors underscores the importance of small and mid-sized businesses to the economic vitality of San Francisco’s neighborhoods and to the City as a whole, its residents, and visitors. The intent of this Section 303.2 is to expedite the review and hearing process for these vital small and mid-sized businesses without compromising public notice and input or the review times of other applications, and to build upon the success of the Community Business Priority Process Program by expanding the scope of eligible projects and ensuring that all eligible projects are considered accordingly, while preserving critical opportunities for community input and accountability to the legislative branch of government.

(4) Due to the Calle 24 Special Use District’s unique history and special identity, the projects within its boundaries require special consideration in order to retain, enhance, and support its character. It is, therefore, exempted from the priority processing provisions of this Section 303.2.

The City first recognized the area’s unique history and special character in 2014, when in Board of Supervisors Resolution No. 168-14 it established the Calle 24 (“Veinticuatro”) Latino Cultural District. The Resolution memorialized “a place whose richness of culture, history and entrepreneurship is unrivaled in San Francisco.” A 2014 report by San Francisco Architectural Heritage found that many of the long-standing community-serving businesses within the area were at risk of displacement due to San Francisco’s volatile economic climate despite continued value and a record of success. The special character of the area was further recognized in 2017 when Ordinance No. 85-17 was enacted to establish the Calle 24 Special Use District. In enacting that ordinance, the Board of Supervisors specifically found, among other things, that “[t]he mix of businesses and uses, including Legacy Businesses, murals, festivals and architectural neighborhood design and character in the Calle 24 Special Use District contribute to a strong sense of neighborhood and a unifying identity.” This area continues to require special consideration in order to retain, enhance, and support its unique history and character, including providing economic and workforce opportunities for local residents, supporting the production and offering of local or Latino artwork, and making sure that the area offers a range of goods and services available and accessible to residents, including immigrant and low-income and moderate-income households.

ration in order to retain, enhance, and support its unique history and character, including providing economic and workforce opportunities for local residents, supporting the production and offering of local or Latino artwork, and making sure that the area offers a range of goods and services available and accessible to residents, including immigrant and low-income and moderate-income households.

(5) On June 26, 2025 the Planning Commission adopted Resolution No. 21761 to consolidate the Community Business Priority Processing Program with the priority processing program under this Section 303.2. As many of the features of these two programs overlap, consolidating the two programs will promote efficiency and reduce confusion.

(b) Priority Processing for Certain Uses. Applications for Conditional Use authorization that comply with the requirements of subsection (c) are eligible for priority processing and a prorated application fee. Eligibility for priority processing shall not require any application separate from a completed application for Conditional Use authorization. Unless modified by this Section 303.2 the provisions of Section 303 shall apply.

(c) Eligibility for Priority Processing. An application for a Conditional Use authorization qualifies for priority processing (“eligible application”) pursuant to this Section 303.2 if it is seeking to establish, alter, enlarge, or intensify a commercial use on the first story or below, or on the second story where the commercial use would operate on both the first and second stories, in the subject building and if it complies with all of the following requirements:

• (1) It pertains exclusively to Non- Residential Uses;

(2) It is limited to changes of use, tenant improvements, or other interior or storefront work and does not involve any new construction or building expansion;

• (3) It does not involve the removal of any Dwelling Units or Unauthorized Units;

• (4) It does not involve a Formula Retail use, unless the Formula Retail use in question has fewer than 20 other establishments;

• (5) It does not propose or require the consolidation of multiple storefronts;

• (6) It does not seek to provide off-street parking in a quantity beyond that allowed as of right;

• (7) It does not seek to establish or expand any of the following uses:

• (A) Adult Entertainment;

• (B) Drive-up Facility;

• (C) Fringe Financial Service;

• (D) Cannabis Retail;

• (E) Tobacco Paraphernalia Establishment; or

• (F) Wireless Communication Facility;

• (8) It is not within the Calle 24 Special Use District (Planning Code Section 249.59); and1

(d) Expedited Commission Hearing. An eligible application shall be scheduled for a public hearing on the Planning Commission’s calendar within 90 days from the date that the application has been deemed complete, unless the hearing

date is extended pursuant to subsection (e). An application is deemed complete when the application and filing fee have been accepted by the Department.

(e) Extension of Commission Hearing Date. The Planning Commission may at any time adopt a one-time extension of not more than 60 days of the hearing date for an eligible application beyond 90 days if any neighborhood organization maintained on a list by the Planning Department pursuant to subsection 311(d)(4) submits a letter of opposition or written request for a continuance at least one day before the hearing.

(Added by Ord. 139-20, File No. 200214, App. 8/28/2020, Eff. 9/28/2020; amended by Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 114-25, File No. 250538, App. 7/17/2025, Eff. 8/17/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025)

AMENDMENT HISTORY

Division (c) amended; divisions (c)(7)-(8), (c)(9)(B), (F), and (G) deleted; divisions (c)(9)- (c)(9)(A), (c)(9)(C)-(E), and (c)(9)(H)-(I) redesignated as (c)(7) and (c)(7)(A)-(F); division (c)(10) redesignated as (c)(8); new division (c)(9) added; division (f) deleted; Ord. 249-23, Eff. 1/14/2024. Divisions (a)(2), (b), (c)(2)-(4), (c)(6), (c)(7)(A)-(F), and (d) amended; divisions (e) and (e)(3) amended as (e); former divisions (a)(4), (c)(8)-(9), (e)(1)-(2), and (g) deleted; new divisions (a)(4)(5) and (c)(8)-(9) added; Ord. 114-25, Eff. 8/17/2025. Division (c)(9) deleted; Ord. 217-25, Eff. 12/15/2025. CODIFICATION NOTE

1. So in Ord. 217-25.

SEC. 304. PLANNED UNIT DEVELOPMENTS.

(See Interpretations related to this Section.)

In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, the DTR Districts, or the North Beach Neighborhood Commercial District, the Planning Commission may authorize as Conditional Uses, in accordance with the provisions of Section 303, Planned Unit Developments subject to the further requirements and procedures of this Section 304. After review of any proposed development, the Planning Commission may authorize such development as submitted or may modify, alter, adjust or amend the plan before authorization, and in authorizing it may prescribe other conditions as provided in Section 303(d). The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this Code only to the extent specified in the authorization.

(a) Objectives. The procedures for Planned Unit Developments are intended for projects on sites of considerable size, developed as integrated units and designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood and the City as a whole. In cases of outstanding overall design, complementary to the design and values of the surrounding area, such a project may merit a well reasoned modification of certain of the provisions contained elsewhere in this Code.

developed as integrated units and designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood and the City as a whole. In cases of outstanding overall design, complementary to the design and values of the surrounding area, such a project may merit a well reasoned modification of certain of the provisions contained elsewhere in this Code.

(b) Nature of Site. The tract or parcel of land involved must be either in one ownership, or the subject of an application filed jointly by the owners of all the property included or by the Redevelopment Agency of the City. It must constitute all or part of a Redevelopment Project Area, or if not must include an area of not less than ½ acre, exclusive of streets, alleys and other public property that will remain undeveloped.

(c) Application and Plans. The application must describe the proposed development in detail, and must be

accompanied by an overall development plan showing, among other things, the use or uses, dimensions and locations of structures, parking spaces, and areas, if any, to be reserved for streets, open spaces and other public purposes. The application must include such pertinent information as may be necessary to a determination that the objectives of this Section are met, and that the proposed development warrants the modification of provisions otherwise applicable under this Code.

(d) Criteria and Limitations. The proposed development must meet the criteria applicable to conditional uses as stated in Section 303(c) and elsewhere in this Code. In addition, it shall:

(1) Affirmatively promote applicable objectives and policies of the General Plan;

(2) Provide off-street parking appropriate to the occupancy proposed and not exceeding principally-permitted maximum amounts;

(3) Provide open space usable by the occupants and, where appropriate, by the general public, at least equal to the open spaces required by this Code;

(4) Be limited in dwelling unit density to less than the density that would be allowed by Article 2 of this Code for a district permitting a greater density, so that the Planned Unit Development will not be substantially equivalent to a reclassification of property;

(5) In R Districts, include Commercial Uses only to the extent that such uses are necessary to serve residents of the immediate vicinity, subject to the limitations for NC-1 Districts under this Code, and in RTO-1 and RTO-M Districts include Commercial Uses only according to the provisions of Section 231 of this Code;

(6) Under no circumstances be excepted from any height limit established by Article 2.5 of this Code, unless such exception is explicitly authorized by the terms of this Code. In the absence of such an explicit authorization, exceptions from the provisions of this Code with respect to height shall be confined to minor deviations from the provisions for measurement of height in Sections 260 and 261 of this Code, and no such deviation shall depart from the purposes or intent of those sections;

ode, unless such exception is explicitly authorized by the terms of this Code. In the absence of such an explicit authorization, exceptions from the provisions of this Code with respect to height shall be confined to minor deviations from the provisions for measurement of height in Sections 260 and 261 of this Code, and no such deviation shall depart from the purposes or intent of those sections;

(7) In NC Districts, be limited in gross floor area to that allowed under the floor area ratio limit permitted for the district in Section 124 and Article 7 of this Code;

(8) In NC Districts, not violate the use limitations by story set forth in Article 7 of this Code; and

(9) In RTO and NCT Districts, include the extension of adjacent alleys or streets onto or through the site, and/or the creation of new publicly-accessible streets or alleys through the site as appropriate, in order to break down the scale of the site, continue the surrounding existing pattern of block size, streets and alleys, and foster beneficial pedestrian and vehicular circulation.

(10) Provide street trees as per the requirements of Section 138.1 of the Code.

(11) Provide landscaping and permeable surfaces in any required setbacks in accordance with Section 132 (g) and

(h).

(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; 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; 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. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (d)(1) amended; Ord. 56-13 , Eff. 4/27/2013. Division (d)(5) amended; Ord. 188-15 , Eff. 12/4/2015. Undesignated introductory paragraph amended; Ord. 129-17, Eff. 7/30/2017. Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory paragraph and division (d)(2) amended; Ord. 311-18, Eff. 1/21/2019. Undesignated introductory paragraph amended; Ord. 63-20, Eff. 5/25/2020. Undesignated introductory paragraph amended; Ord. 217-25, Eff. 12/15/2025. Division (d)(5) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 304.5. INSTITUTIONAL MASTER PLANS.

(a) Purposes. The principal purposes of the requirements for institutional master plans contained in this Section are:

(1) To provide notice and information to the Planning Commission, community and neighborhood organizations, other public and private agencies and the general public as to the plans of each affected institution at an early stage, and to give an opportunity for early and meaningful involvement of these groups in such plans prior to substantial investment in property acquisition or building design by the institution;

(2) To enable the institution to make modifications to its master plan in response to comments made in public hearings prior to its more detailed planning and prior to any request for authorization by the City of new development proposed in the Master Plan; and

(3) To provide the Planning Commission, community and neighborhood organizations, other public and private agencies, the general public, and other institutions with information that may help guide their decisions with regard to use of, and investment in, land in the vicinity of the institution, provision of public services, and particularly the planning of similar institutions in order to insure that costly duplication of facilities does not occur.

(b) When Required. Each Hospital and each Post-Secondary Educational Institution in the City and County of San Francisco (for the purposes of this Section collectively referred to as "institution(s)"), including Group Housing affiliated with and operated by any such institution shall have on file with the Planning Department a current Institutional Master Plan describing the existing and anticipated future development of that institution as provided in Subsection (c) below. Institutions of less than 50,000 square feet or of less than 100,000 square feet in the C-3 district may submit an Abbreviated Institutional Master Plan as described in Subsection (d) below.

Thereafter, at intervals of two years, each such institution shall file an Update with the Planning Department describing the current status of its Institutional Master Plan. The requirements for an Update are provided in Subsection (f) below.

The Zoning Administrator shall be notified whenever the following occur to determine whether a new Institutional Master Plan or an Update shall be required: there are significant revisions to the information contained in the Institutional Master Plan; or 10 years have passed since the last Institutional Master Plan was submitted and heard by the Planning Commission (as described by Subsection (e) below). Significant revisions may include plans to construct new facilities that were not previously discussed in the Institutional Master Plan, plans to demolish existing facilities that were not discussed in the Institutional Master Plan, closure of an existing unit, opening of a new unit, change in use of an existing unit or inpatient facility, an increase in the institution's size by 10,000 square feet or 25% of total square footage (whichever is less), or significant changes in use of existing facilities that were not discussed in the Institutional Master Plan.

acilities that were not discussed in the Institutional Master Plan, closure of an existing unit, opening of a new unit, change in use of an existing unit or inpatient facility, an increase in the institution's size by 10,000 square feet or 25% of total square footage (whichever is less), or significant changes in use of existing facilities that were not discussed in the Institutional Master Plan.

(c) Format and Substance of the Institutional Master Plan. In the case of an institution occupying a site area of 50,000 or more square feet (100,000 or more square feet in the C-3 District), or occupying a site area of less than 50,000 square feet (100,000 or more square feet in the C-3 District) but anticipating future expansion over 50,000 square feet (100,000 or more square feet in the C-3 District), the plan submitted shall be a full Institutional Master Plan and shall at a minimum contain textual and graphic descriptions of:

(1) The nature of the institution, its history of growth, physical changes in the neighborhood which can be identified as having occurred as a result of such growth, the services provided and service population, employment characteristics, the institution's affirmative action program, property owned or leased by the institution throughout the City and County of San Francisco, and any other relevant general information pertaining to the institution and its services;

(2) The present physical plant of the institution, including the location and bulk of buildings, land uses on adjacent properties, traffic circulation patterns, and parking in and around the institution;

(3) The development plans of the institution for a future period of not less than 10 years, and the physical changes in the institution projected to be needed to achieve those plans. Any plans for physical development during the first five years shall include the site area, ground coverage, building bulk, approximate floor area by function, off-street parking, circulation patterns, areas for land acquisition, and timing for the proposed construction. In addition, with respect to plans of any duration, the submission shall contain a description and analysis of each of the following:

(A) The conformity of proposed development plans to the General Plan of the City and County of San Francisco, and to any neighborhood plans on file with the Planning Department,

(B) The anticipated impact of any proposed development by the institution on the surrounding neighborhood, including but not limited to the effect on existing housing units, relocation of housing occupants and commercial and

industrial tenants, changes in traffic levels and circulation patterns, transit demand and parking availability, and the character and scale of development in the surrounding neighborhood,

(C) Any alternatives which might avoid, or lessen adverse impacts upon the surrounding neighborhood, including location and configuration alternatives, the alternative of no new development, and the approximate costs and benefits of each alternative,

(D) The mitigating actions proposed by the institution to lessen adverse impacts upon the surrounding neighborhood;

(4) A projection of related services and physical development by others, including but not limited to office space and medical outpatient facilities, which may occur as a result of the implementation of the institution's master plan;

(5) Any other items as may be reasonably required by the Planning Department or Planning Commission.

(d) Format and Substance of the Abbreviated Institutional Master Plan. In the case of an institution presently occupying or proposing to occupy a site area of less than 50,000 square feet or 100,000 square feet in the C-3 District, and placing on file with the Planning Department a statement that the institution does not anticipate any future expansion to more than 50,000 square feet or 100,000 square feet in the C-3 District, an abbreviated institutional master plan may be filed, consisting of a textual description of the institution's physical plant and employment, the institution's affirmative action program, all ownership by the institution of properties throughout the City and County of San Francisco, the services provided and service population, parking availability, and any other relevant general information pertaining to the institution and its services.

(e) Hearing and Acceptance of the Plan. In a case in which a full Institutional Master Plan, or revision to such a plan, has been filed and the submission has been determined by the Planning Department to contain all information in accordance with Subsection (c) above, the Planning Commission shall hold a public hearing on such plan or revisions. The Zoning Administrator shall set the time and place for the hearing within a reasonable period, but in no event shall the hearing date be less than 30 days nor more than 180 days after the plan, or revisions, have been accepted for filing. An Institutional Master Plan shall be considered accepted when the Planning Commission hearing has closed.

In a case in which an abbreviated institutional master plan has been filed in accordance with Subsection (c) above, the Zoning Administrator shall report the filing to the Planning Commission, and the Commission may, at its option, either hold or not hold a public hearing on such plan, as the Commission may deem the public interest to require. In the event a public hearing is to be held on such an abbreviated institutional master plan, the Planning Department or the Commission may require submission of additional information by the institution as deemed necessary for such hearing. An abbreviated Institutional Master Plan shall be considered accepted after the Zoning Administrator reports the filing to the Planning Commission, unless the Planning Commission requests a public hearing, at which case acceptance shall occur when the Planning Commission hearing has closed.

The public hearing conducted by the Planning Commission on any Institutional Master Plan, or revisions thereto, shall be for the receipt of public testimony only, and shall in no way constitute an approval or disapproval of the Institutional Master Plan or revision, or of any facility described therein, by the Planning Commission.

Notice of all hearings provided for herein shall be given in the same manner as prescribed for conditional use applications under Section 306.3 of this Code. The institution may be required to file with its master plan, or revisions thereto, the information and other material needed for the preparation and mailing of notices as specified in that Section. To facilitate accessibility of the Master Plan to the public, once an institutional master plan or abbreviated institutional master plan is determined by the Planning Department to contain all information in accordance with Subsection (c) above, the institution shall provide the Planning Department with ten (10) print versions of the document in addition to any other format deemed useful and appropriate for easy public accessibility.

Public testimony, as represented in the official minutes of the Planning Commission and written correspondence to the Commission, concerning the content of an Institutional Master Plan and revisions thereto, shall become a part of the Institutional Master Plan file at the Planning Department and shall be available for public review.

(f) Update to the Plan. Every two years or sooner from the date of the most recent approval, the institution must submit an Update to the Planning Department. This Update shall provide a description of all projects that: (1) have been completed since the most recent submission; (2) are ongoing, including a description of the status and estimated timetables for completion of such projects; (3) are scheduled to begin in the upcoming 24 months, including estimated timetables for the commencement, progress, and completion of such projects; and, (4) are no longer being considered by the institution.

The Update will not require a hearing, although the document will be made publicly accessible. Per Subsection (i) below, the Planning Department will not grant any permits to the Institution until the Update is considered complete. The institution shall provide the Planning Department with ten (10) print versions of the Update in addition to any other format that is deemed useful and appropriate for easy public accessibility.

hearing, although the document will be made publicly accessible. Per Subsection (i) below, the Planning Department will not grant any permits to the Institution until the Update is considered complete. The institution shall provide the Planning Department with ten (10) print versions of the Update in addition to any other format that is deemed useful and appropriate for easy public accessibility.

(g) Submission to Department of Public Health. The Planning Department shall submit all institutional master plans and updates filed by medical institutions pursuant to Subsections (b) and (f), above, for any changes to inpatient facilities, including the addition or removal of any licensed or staffed hospital beds and emergency services, and transfer of services, to the Director of the Department of Public Health for review and comment by a qualified health planner retained by contract by the Department of Public Health on the proposed action and its relationship to Citywide healthcare needs. For purposes of this Section, the Department of Public Health contracting process shall include a review of each candidate health planner to ensure there is no potential conflict of interest with regard to the medical institution(s) being reviewed. The Director of Public Health shall prepare a budget to cover actual time and materials expected to be incurred, in consultation with the Planning Department. A sum equal to ½ the expected cost will be submitted by the applicant to the Department of Public Health, prior to the commencement of the review. The remainder of the cost will be due at the time the initial payment is depleted. Each submission shall be made not more than 10 days after the Institutional Master Plan or update has been accepted for filing. Comments are due back to the Planning Department no later than 90 days after the date of submission.

For purposes of this Section, medical institution terms are defined as follows:

(1) Inpatient Facility. The term "Inpatient Facility" includes every entity in San Francisco licensed as a general acute care hospital, as defined by Section 1250(a) of the California Health and Safety Code, other than hospitals exempt from taxation under Section 6.8-1 of the San Francisco Business and Tax Regulations Code.

(2) Licensed Beds. The term "Licensed Beds" includes the number of beds stated on the facility license. It excludes beds placed in suspense and nursery bassinets.

(3) Staffed Beds. The term "Staffed Beds" includes beds that are licensed and physically available for which staff is on hand to attend to the patient who occupies the bed. Staffed beds include those that are occupied and those that are vacant.

(4) Emergency Services. The term "Emergency Services" includes the ambulatory services cost center in a hospital that provides emergency treatment to the ill and injured who require immediate medical or surgical care on an unscheduled basis, including occasional care for conditions which would not be considered emergencies.

(5) Unit. The term "Unit" shall mean a division of area of an inpatient facility that is staffed and equipped to provide a particular kind of care.

(h) Conditional Use Authorizations. In the case of any institution subject to the institutional master plan requirements of this Section, no conditional use or any other entitlement requiring Planning Commission action required for development by the institution under Articles 2, 7 or 8 of this Code shall be authorized by the Planning Commission unless such development shall be as described in the Institutional Master Plan or update, filed with the Planning Department, and heard by the Planning Commission as provided in this Section. Additionally, no hearing shall be held or consent calendar item approved by the Commission on any such application for a new conditional use until three months shall have elapsed after the date on which the public hearing is closed and the Institutional Master Plan, is accepted. The procedures for conditional use applications and other entitlements requiring Planning Commission action shall be those set forth in Section 303 and elsewhere in this Code.

Furthermore, no conditional use authorization or any other entitlement requiring Planning Commission action shall be approved by the Planning Commission for any medical institution until the proposed development has first been approved pursuant to Sections 1513, 1523 and 1604 of Public Law 93-641 or Sections 437 and 438 of the California Health and Safety Code, if such approval is found by the reviewing agencies to be required under those Sections.

(i) Permit Applications. The Planning Department shall not approve any building permit application for any construction pertaining to any development of any institution subject to this Section, with the exception of interior alterations which do not significantly intensify, change or expand the use, occupancy or inpatient services or facilities of the institution as determined by the Zoning Administrator, and are necessary to correct immediate hazards to health or safety, unless that institution has complied with all the applicable requirements of Subsections (b), (c), and (f) above with regard to its filing of an Institutional Master Plan or revisions thereto.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 447-97, App. 12/5/97; Ord. 279-07, File No. 070678, App. 12/18/2007; 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)

AMENDMENT HISTORY Division (b) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b) and (c)(3)(A) amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 304.6. REVIEW PROCEDURES FOR LARGE NONCONTIGUOUS POST-SECONDARY EDUCATIONAL INSTITUTIONS.

(a) Intent. This Section 304.6 establishes a comprehensive and consolidated public review process through which the Planning Commission shall review proposals involving Post-Secondary Educational Institutions that meet prescribed criteria and would otherwise be subject to multiple approval processes and hearings.

(b) Applicability. This Section 304.6 applies to all properties owned, occupied, or operated, in any capacity, by a Large Noncontiguous Post-Secondary Educational Institution. For purposes of this Section, a Large Noncontiguous PostSecondary Educational Institution is an organization or entity that, regardless of certification by the Western Association of Schools and Colleges or primary course of study, meets all other requirements for a Post-Secondary Educational Institution, and satisfies all of the following conditions:

(1) is subject to the Institutional Master Plan requirements of Section 304.5 of this Code;

(2) is a for-profit institution; and

(3) owns, occupies, or operates, in any capacity, 10 or more properties that are located in three or more nonoverlapping Clusters anywhere in the City. For purposes of this subsection (b)(3), a Cluster is a circular area with a ¼-mile diameter that encompasses one or more properties. Clusters shall be drawn so that the fewest number of Clusters are required to encompass all such properties, without any one Cluster overlapping with any other.

(c) Master Conditional Use Authorization. Any number of individual Conditional Use Authorizations or building permits sought by a Large Noncontiguous Post-Secondary Educational Institution under this Section 304.6 may be sought under a single application for Conditional Use Authorization, also referred to as a “Master Conditional Use Authorization,” and may be acted on in a single action of the Planning Commission, regardless of the number of distinct properties involved. Determination on such Master Conditional Use Authorization shall be made pursuant to the criteria in Section 303(c) of this Code. In considering such Master Conditional Use Authorization, the Commission may consider such exceptions to the Planning Code as may be necessary to implement the Master Conditional Use Authorization.

(d) Master Certificate of Appropriateness. Any number of individual Certificates of Appropriateness may be sought by a Large Noncontiguous Post-Secondary Educational Institution under a single application for a Certificate of Appropriateness, also referred to as a “Master Certificate of Appropriateness,” and acted on by single action of the Historic Preservation Commission, regardless of the number of distinct properties involved. Determination on such Master Certificate of Appropriateness shall be made as set forth in Section 1006.6 of this Code and in other provisions of the

Municipal Code, as applicable. Additionally, no application made under this Section 304.6 shall be considered a Minor Alteration under Section 1006.2 of this Code.

(e) Master Permit to Alter. Any number of individual Permits to Alter may be sought by a Large Noncontiguous PostSecondary Educational Institution under a single application for a Permit to Alter, also referred to as a “Master Permit to Alter,” and acted on by single action of the Historic Preservation Commission, regardless of the number of distinct properties involved. Determination on such Master Permit to Alter shall be made as set forth in Section 1111 of this Code and in other provisions of the Municipal Code, as applicable. Additionally, no application made under this Section 304.6 shall be considered a Minor Alteration under Section 1111.1 of this Code.

(f) No Discretionary Review. No requests for Discretionary Review shall be accepted by the Planning Department or heard by the Planning Commission for any permits or other applications subject to this Section 304.6(c).

(g) Sunset. This Section 304.6 shall remain in effect until the later of: (1) the date on which all work has been completed as required pursuant to the Schedule of Performance (Exhibit E) of the Development Agreement by and among the City and County of San Francisco and the Stephens Institute, dba Academy of Art University and the LLC Parties, and (2) January 1, 2025.

(Added by Ord. 5-20, File No. 191125, App. 1/17/2020, Eff. 2/17/2020)

SEC. 304.7. ADDITIONAL PROVISIONS APPLICABLE TO LARGE NONCONTIGUOUS POSTSECONDARY EDUCATIONAL INSTITUTIONS.

In cases where the City enters into a Development Agreement with a Large Noncontiguous University, all of the following additional provisions apply:

(a) where such Development Agreement provides the City compensation for the loss of specific Residential Units that are not Student Housing units, the restrictions of Section 317(e) of this Code may be waived through a Master Conditional Use Authorization under Section 304.6;

(b) where such Development Agreement authorizes the conversion of no more than one property from an industrial use subject to Section 202.8 of this Code to an Institutional Use, the Conditional Use Authorization requirements and other restrictions of Section 202.8 shall be met by application for a Master Conditional Use Authorization under Section 304.6; and

(c) where such Development Agreement would expand the number of guest rooms subject to the provisions of Chapter 41 of the Administrative Code, the density limitations of Article 2 of this Code shall not apply to the property with the expanded number of guestrooms.

(Added by Ord. 5-20, File No. 191125, App. 1/17/2020, Eff. 2/17/2020)

SEC. 304.8. REVIEW PROCEDURES FOR PROJECTS IN THE 530 SANSOME MIXED-USE TOWER AND FIRE STATION SPECIAL USE DISTRICT.

(a) Intent. This Section 304.8 establishes a comprehensive and consolidated public review process through which the Planning Commission shall review development projects in the 530 Sansome Mixed-Use Tower and Fire Station Special Use District (the SUD).

(b) Applicability. The provisions of this Section 304.8 shall apply to any development project within the SUD regulated by Planning Code Section 249.11.

(c) Conditional Use Authorization. The Planning Commission may approve a conditional use authorization for any mix of proposed uses and authorize any exceptions to the Planning Code reasonably necessary to implement a proposed development project, including exceptions from the standards, procedures, and requirements of Articles 1.2, 1.5, 2, 2.5, 3, 4, and 6 of the Planning Code, except as described in Section 304.8(e).

(d) Approval. The Planning Commission may act on a proposed conditional use authorization in a single action regardless of the number of distinct properties involved or approvals that would otherwise be required under Article 3 of

the Planning Code, except as provided in Section 304.8(e). For avoidance of doubt, development projects that obtain a conditional use authorization under this Section 304.8 shall not be required to obtain a separate authorization under Section 309 or Section 303.

• (e) Criteria and Limitations. A proposed development project must meet the criteria applicable to conditional uses as stated in Section 303(c)(1) through (4). In addition, the project shall:

• (1) On balance, affirmatively promote applicable objectives and policies of the General Plan;

(2) Under no circumstances be excepted from any height limit established by the applicable Height & Bulk District Map. Deviations from the measurement and exemption provisions of Section 260 shall be consistent with the purposes and intent of Section 260, provided there is no limit on deviations from percentage coverage limitations in Section 260(b);

(3) Obtain any applicable Project Authorization, as that term is defined in Section 320(n), for proposed office uses required under Sections 321 and 322;

• (4) Require a hearing (including, as necessary, a joint hearing before the Planning Commission and Recreation and Park Commission) as necessary to comply with Section 295;

• (5) Under no circumstances include a General Advertising Sign;

(6) Except as to any modifications agreed to in a development agreement for the project under Chapter 56 of the Administrative Code, comply with Article 4 of the Planning Code; and

• (7) Comply with the provisions of Section 249.11.

(f) Modifications to Conditional Use Authorization. In granting a conditional use authorization under this Section 304.8, the Planning Commission may authorize the Planning Director to approve proposed modifications to the conditional use authorization, including proposed changes of use and exceptions from the Planning Code in accordance with subsection (c), that the Planning Director reasonably determines are within the intended scope of the previously approved conditional use authorization.

• (1) For purposes of this Section, “within the intended scope” means that:

• (A) The project would continue to meet the criteria and limitations set forth in subsection (e) of this Section 304.8;

• (B1 The proposed modifications to the project would not necessitate a change to any condition imposed in the previously granted conditional use authorization;

• (C) The proposed modifications would not increase the building envelope of the project by more than 10 percent; and

(D) The project would remain in compliance with the Development Agreement applicable to the project and approved by the Board of Supervisors in the ordinance contained in Board File No. 250698.

(2) Proposed modifications that, in the reasonable determination of the Planning Director, do not meet all of the criteria set forth in subsections (f)(1)(A) through (f)(1)(D) above, shall be promptly scheduled for a public hearing before the Planning Commission for review and approval.

(3) An owner may apply for modifications to the conditional use authorization pursuant to this subsection (f) as to the building or portion of the building such owner owns without the consent of any other owner of any portion of the project so long as the scope of the proposed modifications is limited to the building or portion of the building owned by the applicant.

(Added by Ord. 197-25, File No. 250697, App. 10/27/2025, Eff. 11/27/2025, Oper. 11/27/25) CODIFICATION NOTE

1. So in Ord. 197-25.

SEC. 305. VARIANCES.

(See Interpretations related to this Section.)

(a) General. The Zoning Administrator or the Zoning Administrator’s designee shall hear and make determinations regarding applications for variances from the strict application of quantitative standards in this Code. The Zoning

Administrator or the Zoning Administrator’s designee shall have power to grant only such variances as may be in harmony with the general purpose and intent of this Code and in accordance with the general and specific rules contained herein, and to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. No variance shall be granted in whole or in part which would have an effect substantially equivalent to a reclassification of property; or which would permit any use, any height or bulk of a building or structure, or any type or size or height of sign not expressly permitted by the provisions of this Code for the district or districts in which the property in question is located; or which would grant a privilege for which a conditional use procedure is provided by this Code; or which would change a definition in this Code; or which would waive, reduce or adjust the inclusionary housing requirements of Sections 415 through 415.9; or which would reduce or waive any portion of the usable open space applicable under certain circumstances in the Eastern Neighborhoods Mixed Use Districts pursuant to Section 135(i) and 135.3(d); or which would waive or reduce the quantity of bicycle parking required by Sections 155.2 through 155.3 where off-street automobile parking is proposed or existing; or which would waive, reduce or adjust the requirements of the TDM Program in Section 169 et seq 1 et seq. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. If the relevant Code provisions are later changed so as to be more restrictive before a variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. The procedures for variances shall be as specified in this Section and in Sections 306 through 306.5.

(b) Initiation. A variance action may be initiated by application of the owner, or authorized agent for the owner, of the property for which the variance is sought.

(c) Determination. The Zoning Administrator shall hold a hearing on the application, provided, however, that if the variance requested involves a deviation of less than 10% from the Code requirement, the Zoning Administrator may at the Zoning Administrator’s option either hold or not hold such a hearing. No variance shall be granted in whole or in part unless there exist, and the Zoning Administrator specifies in his or her findings as part of a written decision, facts sufficient to establish:

(1) That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district;

(2) That owing to such exceptional or extraordinary circumstances the literal enforcement of specified provisions of this Code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property;

(3) That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class of district;

(4) That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and

(5) That the granting of such variance will be in harmony with the general purpose and intent of this Code and will not adversely affect the General Plan.

Upon issuing the written decision either granting or denying the variance in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2 of this Code.

(d) Conditions. When considering an application for a variance as provided herein with respect to applications for development of "dwellings" as defined in Chapter 87 of the San Francisco Administrative Code, the Zoning Administrator, or the Board of Appeals on appeal, shall comply with that Chapter which requires, among other things, that the Zoning Administrator and the Board of Appeals not base any decision regarding the development of "dwellings" in which

"protected class" members are likely to reside on information which may be discriminatory to any member of a "protected class" (as all such terms are defined in Chapter 87 of the San Francisco Administrative Code). In addition, in granting any variance as provided herein, the Zoning Administrator, or the Board of Appeals on appeal, shall specify the character and

extent thereof, and shall also prescribe such conditions as are necessary to secure the objectives of this Code. Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative. The violation of any specification or condition so imposed shall constitute a violation of this Code and may constitute grounds for revocation of the variance. Such conditions may include time limits for exercise of the granted variance; otherwise, any exercise of such variance must commence within a reasonable time. (Amended by Ord. 234-72, App. 8/18/72; Ord. 378-93, App. 12/2/93; Ord. 305-99, File No. 990496, App. 12/3/99; Ord. 37-02, File No. 001262, App. 4/5/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024) AMENDMENT HISTORY

. 12/19/2008; 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. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024) AMENDMENT HISTORY

Division (a) amended; Ord. 75-12 , Eff. 5/23/2012. Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013. Division (a) amended; Ord. 183-13 , Eff. 9/6/2013. Division (a) amended; Ord. 34-17, Eff. 3/19/2017. Division (c) and undesignated paragraph following (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 33-24, Eff. 3/23/2024.

CODIFICATION NOTE

1. So in Ord. 33-24.

SEC. 305.1. REQUESTS FOR REASONABLE MODIFICATION – RESIDENTIAL USES.

(a) Purpose. It is the policy of the City and County of San Francisco to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by reasonably modifying its regulations, policies, practices and procedures for people with disabilities. The City and County of San Francisco also recognizes the importance of sustaining and enhancing our city's neighborhood character. In determining whether a requested modification is reasonable, the City will consider, among other relevant factors, the extent to which the

requested modification might fundamentally alter its existing zoning or regulations. The purpose of this Section 305.1 is to establish a process for making and acting upon requests for reasonable modifications to the regulations, policies, practices, and procedures of the Planning Department and Code.

(b) Application.

(1) Requests for reasonable modification can be made for residential uses in any zoning district in the City and County of San Francisco in accordance with the procedures outlined in this Section 305.1.

(2) An applicant may seek a modification through this Section 305.1 for an alteration that is available under other sections of this Code, in which case a modification under this Section shall be in lieu of any approval, permit or entitlement that would otherwise be required. An application under this Section may also seek a modification that is not available under any other sections of the Planning Code.

(c) Procedure.

(1) Request for a Modification. A person with a disability who requests a modification in the application of the Planning Code to ensure having equal access to housing must initiate the request by providing the required information to the Department. The Department shall maintain a form, known as the Reasonable Modification Form, which will detail the process for seeking a modification and identity the information that must be submitted to the Department in connection with the request for modification.

the Planning Code to ensure having equal access to housing must initiate the request by providing the required information to the Department. The Department shall maintain a form, known as the Reasonable Modification Form, which will detail the process for seeking a modification and identity the information that must be submitted to the Department in connection with the request for modification.

(2) Content of Application. The application shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. In addition to any other information that is required under this Section 305.1, the applicant shall complete the Reasonable Modification Form. The form shall at a minimum include the applicant’s contact information and a description of the need for the requested modification including an identifiable relationship, or nexus, between the requested modification and the individual’s disability.

(3) ADA Accommodation in Making Request. If an individual needs assistance in making the request for a reasonable modification, the individual should notify the Department, which will then endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or applicant's representative.

(d) Administrative Review. To expedite the processing and resolution of reasonable modification requests, any request under Section 305.1 may receive administrative review and approval and does not require public notice under Section 306 of this Code.

(e) Determination.

(1) Zoning Administrator Authority. The Zoning Administrator is authorized to consider and act on requests for reasonable modification. The Zoning Administrator may conditionally approve or deny a request. In considering requests for reasonable modification under this Section 305.1, the Zoning Administrator shall consider the factors in subsection (e) (2).

(2) Criteria for Modification. When reviewing a request for reasonable modification, the Zoning Administrator shall consider whether:

(A) the requested modification is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws;

(B) the requested modification will directly enable the individual to access the individual's residence;

(C) the requested modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy a dwelling;

(D) there are alternatives to the requested modification that would provide an equivalent level of benefit;

(E) the requested modification will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined under federal and state fair housing laws.

(F) the requested modification will, under the specific facts of the case, result in a fundamental alteration in the nature of the Planning Code or General Plan, as "fundamental alteration" is defined under federal and state fair housing laws.

(G) the requested modification will, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.

(3) Residential Design Guideline Review. If the proposed project is in a zoning district that requires residential design guideline review, the Department shall complete the design review and make appropriate recommendations, while also accommodating the reasonable modification. Approvals are subject to compliance with all other applicable zoning or building regulations.

(4) Historic Resource Review. If the proposed project would affect a building that is listed in or eligible for listing in a local, state, or federal historic resource register, then the modifications will be reviewed by the Planning Department’s Historic Preservation Technical Specialists to ensure conformance with the Secretary of the Interior Standards for the Rehabilitation of Historic Properties.

(5) Written Decision. Upon issuing a written decision either granting or denying the requested modification in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2.

(g)1 Fees. The Department may charge time and materials costs incurred if required to recover the Department’s costs for providing services. If an applicant can demonstrate financial hardship, the Department may waive or reduce the fee pursuant to Section 350(j) of this Code.

(Added by Ord. 21-15 , File No. 141237, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 1326, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Divisions (e)(1) and (e)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (d)(1)-(e)(2) deleted; former division (f) redesignated as (e); divisions (d), (e)(1), and (g) amended; Ord. 248-23, Eff. 1/14/2024. Divisions (c)(2), (e)(1), and (e)(4) amended; Ord. 13-26, Eff. 3/16/2026.

CODIFICATION NOTE

1. So in Ord. 248-23.

SEC. 306. APPLICATIONS AND HEARINGS.

(a) General. In case of an amendment to the Planning Code or General Plan, interim control, conditional use or variance action described in Sections 302 through 305, 306.7 and 340 of this Code, the procedures for applications and hearings shall be as described in Sections 306 through 306.7. In addition, the Zoning Administrator and the Planning Commission may from time to time establish policies, rules and regulations which further define these procedures. (Amended by Ord. 210-84, App. 5/4/84; Ord. 321-96, App. 8/8/96; Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007)

SEC. 306.1. APPLICATIONS AND FILING FEES.

(a) Who May Initiate. The persons and agencies that may file or otherwise initiate actions for amendments to the Planning Code, conditional uses and variances are indicated in Sections 302 through 305. The persons and agencies that may file or otherwise initiate actions for amendments to the General Plan are indicated in Section 340.

(b) Where To File. Applications shall be filed in the office of the Planning Department.

(c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. All applications shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with their application the information needed for the preparation and mailing of notices as specified in Section 306.3, and the information required by subsection 317(j). In addition to any other information required by the Planning Department, Zoning Administrator, and Planning Commission, an applicant for a conditional use authorization or variance who proposes a commercial use for the subject property shall disclose the name under which business will be, or is expected to be, conducted at the subject property, if such name is known at the time of application. The term “known” shall mean actual, not imputed knowledge, and shall consist of direct evidence including but not limited to a contract of sale, lease, or rental, or letter of intent or agreement, between the applicant and a commercial entity. If the business name becomes known to the applicant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name. All applications must disclose whether there are existing residential uses and non-residential uses, and disclose the presence of any residential or non-residential tenants, located at the subject property at the time the application is submitted.

ant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name. All applications must disclose whether there are existing residential uses and non-residential uses, and disclose the presence of any residential or non-residential tenants, located at the subject property at the time the application is submitted.

(d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or their authorized agent attesting to the truth and correctness of all facts, statements and information presented. All applications shall include the following statement: “The information contained in this application is true and complete to the best of my knowledge, based upon diligent inquiry. This application is signed under penalty of perjury. I understand that willful or material misstatement(s) or omissions in the application may result in the cancellation of the application and a lapse of time before the application may be resubmitted.” The Zoning Administrator may cancel any Development Application as inaccurate and may require the applicant to re-file the application where the Zoning Administrator determines that the application includes material misstatements or omissions; provided, however, where the material misstatements or omissions relate to the presence or number of Unauthorized Dwelling Units or tenants on the property, the Zoning Administrator shall cancel any development application as inaccurate and shall require the applicant to re-file the application. Such cancellation shall not be considered to be a denial of the application on its merits. Where

the Zoning Administrator determines that such material misstatements or omissions were made willfully, the Zoning Administrator may require that the applicant wait up to six months before re-filing an application for substantially the same project. The Zoning Administrator’s action in this regard may be appealed to the Board of Appeals pursuant to Section 308.2 of this Code.

(e) Fees. Before accepting any application for filing, the Planning Department shall charge and collect a fee as specified in Article 3.5 or Article 3.5A of this Code.

(Amended by Ord. 259-81, App. 5/15/81; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (c) and (d) amended; Ord. 170-25, Eff. 10/6/2025. Division (c) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 306.2. SCHEDULING OF HEARINGS.

When an action for an amendment to the Planning Code, Conditional Use, or variance has been initiated by application or otherwise, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period. In the case of an application for a variance, such period shall not exceed 30 days from the date upon which the application is accepted for filing. When an action for an amendment to the General Plan has been initiated by the Planning Commission, the Planning Department shall set a time and place for a hearing thereon within a reasonable period.

(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 321-96, App. 8/8/96; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Section amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 306.3. NOTICE OF HEARINGS.

(See Interpretations related to this Section.)

(a) Except as indicated in subsection (b) below, notice of the time, place and purpose of the hearing on action for an amendment to the Planning Code or General Plan, Conditional Use or a Variance shall be given by the Zoning Administrator pursuant to the requirements of Section 333 of this Code.

(b) In the following situations, notice of hearings shall be given as indicated.

(1) In the case of Variance applications involving a less than 10% deviation as described in Section 305(c), the Zoning Administrator need give only such notice as the Zoning Administrator deems appropriate in cases in which a hearing is actually held.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

AMENDMENT HISTORY

Divisions (a), (a)(2), (a)(3), (b)(1), and (c) amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; divisions (a)(1)(4), (b)(2)-(b)(3), and (c) deleted; Ord. 179-18, Oper. 1/1/2019.

SEC. 306.4. CONDUCT OF HEARINGS.

(a) Reports and Recommendations. In all actions for amendments to the Planning Code or General Plan or conditional uses, the Zoning Administrator or the Planning Department shall make necessary investigations and studies and submit the findings to the Director of Planning prior to the hearing of the Planning Commission, or in actions on

conditional use applications in NC Districts, prior to the consent calendar or public hearing of the Commission. The report and recommendation of the Director of Planning shall be submitted at least one week prior to the hearing.

(b) Record. A record shall be kept of the pertinent information presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Planning Department. A verbatim record may be made if permitted or ordered by the Planning Commission in the case of actions for amendments or conditional uses, and by the Zoning Administrator in the case of variance actions.

on presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Planning Department. A verbatim record may be made if permitted or ordered by the Planning Commission in the case of actions for amendments or conditional uses, and by the Zoning Administrator in the case of variance actions.

(c) Continuations. The Planning Commission in the case of actions for amendments or conditional uses, and the Zoning Administrator in the case of variance actions, shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing.

(d) Decision. The decision of the Planning Commission or the Zoning Administrator shall be in accordance with the provisions for each type of case in Sections 302 through 305 and 340.

(1) In the case of variances, the decision of the Zoning Administrator shall, unless deferred upon the request or consent of the applicant, be rendered within 60 days from the date of conclusion of the hearing or, where no hearing is involved, within 60 days from the date of filing; failure of the Zoning Administrator to act within the prescribed time shall entitle the applicant to cause the matter to be placed before the Planning Commission for decision at its next following regular meeting.

(2) In the case of actions for amendments to the Planning Code or conditional uses, the decision of the Planning Commission shall be rendered within 90 days from the date of conclusion of the hearing; failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval.

(3) In the case of proposed amendments to the Planning Code initiated by the Board of Supervisors under Section 302(b), or modifications to proposed amendments made by the Board under Section 302(d) of this Code, the decision of the Planning Commission shall be rendered within 90 days from the date of referral of the proposed amendment or modification by the Board to the Commission. Failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval, except that the Board may, by resolution, extend the prescribed time within which the Commission is to render its decision.

(Amended by Ord. 237-81, App. 5/8/81; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96)

SEC. 306.5. RECONSIDERATION.

(a) Whenever any application for an amendment to the Planning Code or General Plan, conditional use or variance, or any part thereof, has been disapproved by the Planning Commission or Zoning Administrator, or by the Board of Supervisors or the Board of Appeals on appeal as described in Section 308, no application proposing an amendment, conditional use or variance, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the Planning Commission or Zoning Administrator within a period of one year from the effective date of final action upon the earlier application.

f Supervisors or the Board of Appeals on appeal as described in Section 308, no application proposing an amendment, conditional use or variance, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the Planning Commission or Zoning Administrator within a period of one year from the effective date of final action upon the earlier application.

(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 321-96, App. 8/8/96)

SEC. 306.6. INITIATION OF AMENDMENTS.

Amendments initiated by the Planning Commission or the Board of Supervisors and proposed modifications to text amendments referred to the Planning Commission pursuant to Section 302(d) are not subject to the requirements of Sections 306.1 and 306.5. The Board of Supervisors may designate a proponent for the amendment or modification from among its membership, in adopting its motion.

(Added by Ord. 236-81, App. 6/6/81; amended by Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Nonsubstantive amendments; Ord. 13-26, Eff. 3/16/2026.

SEC. 306.7. INTERIM ZONING CONTROLS.

Interim zoning controls may be imposed by resolution of the Planning Commission or the Board of Supervisors through the exercise of a legislative rule-making power subject to the procedures and standards and for the purposes set forth in this Section.

(a) Purposes. This interim zoning controls process is found and declared to be necessary to fulfill the purposes of this Code as stated in Section 101 herein. The Board of Supervisors and the Planning Commission are hereby authorized to impose interim zoning controls to suspend temporarily the processing of certain applications for demolition permits, building permits and other land use authorizations which may be in conflict with a contemplated zoning proposal which the Board of Supervisors, the Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. The provisions of this Section will allow time for the orderly completion of a planning study and for the adoption of appropriate legislation. Interim zoning controls are necessary to ensure that the legislative scheme which may be ultimately adopted is not undermined during the planning and legislative process by the approval or issuance of permits authorizing the alteration, construction or demolition of buildings or the establishment or change of uses which will conflict with that scheme. In determining whether to impose interim zoning controls, the body imposing the controls shall consider the impact on the public health, safety, peace and general welfare if the proposed controls are not imposed, including, but not limited to, the public interest in the following objectives:

• (1) Preservation of historic and architecturally significant buildings and areas;

• (2) Preservation of residential neighborhoods;

• (3) Preservation of neighborhoods and areas of mixed residential and commercial uses in order to preserve the existing character of such neighborhoods and areas;

• (4) Preservation of the City's rental housing stock;

(5) Development and conservation of the commerce and industry of the City in order to maintain the economic vitality of the City, to provide its citizens with adequate jobs and business opportunities, and to maintain adequate services for its residents, visitors, businesses and institutions;

• (6) Control of uses which have an adverse impact on open space and other recreational areas and facilities;

• (7) Control of uses which generate an adverse impact on pedestrian and vehicular traffic;

• (8) Control of uses which generate an adverse impact on public transit.

(b) Effect of Interim Zoning Controls Upon Permit Applications. A resolution of the Board of Supervisors or of the Planning Commission imposing interim zoning controls shall set forth the duration of the interim zoning controls. Once interim zoning controls are imposed pursuant to this Section, and for the duration of the controls and any extension

permitted by this Section, no department of the City and County of San Francisco, including the Board of Appeals, may approve any application for a demolition permit, a building or site permit, or any other permit or license authorizing the demolition, alteration, or construction of any building or the establishment of any use unless the action proposed would conform both to the existing provisions of the Planning Code and also to the provisions of the resolution imposing the controls. Failure of the Board of Supervisors or the Planning Commission to act on a proposed interim control within 120 days of its initiation shall be deemed to constitute disapproval. At any time after the first noticed hearing, in order to insure that the purpose for imposing interim controls is not undermined during the period when their adoption is being considered, the body considering the proposed controls may by resolution issue an order directing the Zoning Administrator, the Director of the Department of Building Inspection, the Board of Appeals, and other permit-issuing and permit-approving agencies to suspend action on applications which propose a use prohibited by the proposed interim controls pending final action on the controls; provided, however, that such order shall not apply to applications filed more than 60 days before the first noticed hearing and shall not prohibit action on applications which would otherwise be deemed approved during the period of such suspension pursuant to Government Code Sections 65950 - 65957.1.

h propose a use prohibited by the proposed interim controls pending final action on the controls; provided, however, that such order shall not apply to applications filed more than 60 days before the first noticed hearing and shall not prohibit action on applications which would otherwise be deemed approved during the period of such suspension pursuant to Government Code Sections 65950 - 65957.1.

(c) Interim Zoning Controls Imposed by the Board of Supervisors. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Board of Supervisors. A member of the Board of Supervisors may initiate the procedure by introduction of a resolution which refers to the provisions of this Section authorizing the interim zoning controls process. Upon introduction of the resolution, the Clerk of the Board shall transmit within two business days or within a reasonable time the resolution to the Director of Planning for environmental review. The resolution shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. The Director of Planning shall conduct environmental review according to the procedures set forth in Subsection (d). The Clerk of the Board shall schedule a hearing on the proposed interim zoning controls before an appropriate committee of the Board or, if the Board directs by motion, before the full Board of Supervisors. The Clerk shall schedule the hearing so that it is conducted no later than 50 days beyond receipt of notice of the completion of environmental review, unless directed otherwise by motion of the Board. The committee of the Board or the full Board may conduct the hearing required by this Subsection prior to the completion of environmental review, but shall not recommend or approve imposition of the proposed controls until environmental review has been completed. Notice of the hearing shall be provided in accordance with the provisions of Subsection (g). The committee shall report to the Board a summary of the matters presented at the hearing and its recommendation. The Board of Supervisors may adopt a resolution imposing interim zoning controls by a majority vote. Any hearing scheduled before a committee or before the Board to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to that body. (d) Environmental Review. The provisions of this Section shall govern the environmental review process conducted by the Director of Planning upon initiation of the interim zoning controls process by the Board of Supervisors.

the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to that body. (d) Environmental Review. The provisions of this Section shall govern the environmental review process conducted by the Director of Planning upon initiation of the interim zoning controls process by the Board of Supervisors.

(1) The Director of Planning shall determine whether imposition of the proposed interim zoning controls is excluded or categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (CEQA). That determination shall be made in writing and transmitted to the Clerk of the Board of Supervisors within two business days or within a reasonable time of receipt of the motion and draft ordinance from the Clerk of the Board. If it is determined that environmental review of imposition of the proposed interim zoning controls is required, the Director of Planning shall either prepare a preliminary negative declaration and publish notice of its preparation, or inform the Clerk of the Board of Supervisors in writing that an environmental impact report must be prepared and submit to the Clerk a proposed motion which would authorize preparation of that report. Except as otherwise noted, the Director of Planning shall make the determinations and take the actions required by this Subsection (d)(1) within 30 days of the receipt of the Board of Supervisors' motion initiating the interim controls procedure and the draft ordinance transmitted by the Clerk of the Board.

(2) If a preliminary negative declaration is published and no appeal is filed within 10 days, the Director of Planning shall transmit to the Clerk of the Board of Supervisors written notification of that fact on the first business day following the tenth day.

(3) If a preliminary negative declaration is published and an appeal is filed within 10 days, the Planning Commission shall, within 40 days of the date that the appeal of the preliminary negative declaration is filed, either affirm the preliminary negative declaration or overrule the preliminary negative declaration and order the preparation of an environmental impact report. The Director of Planning shall transmit to the Clerk of the Board of Supervisors the resolution of the Planning Commission affirming or overruling the preliminary negative declaration within two business days following its adoption.

(4) If the Planning Department or on appeal the Planning Commission determines that an environmental impact report must be prepared before the imposition of the proposed interim controls, no work need be commenced for preparation of that document unless the Board of Supervisors adopts a motion by majority vote, authorizing the preparation of that document. The Clerk of the Board of Supervisors shall transmit a copy of that motion to the Director of Planning, who shall prepare or cause to be prepared the environmental impact report. A final environmental impact report shall be prepared within 18 months after the transmittal of the motion authorizing preparation of that document by the

n by majority vote, authorizing the preparation of that document. The Clerk of the Board of Supervisors shall transmit a copy of that motion to the Director of Planning, who shall prepare or cause to be prepared the environmental impact report. A final environmental impact report shall be prepared within 18 months after the transmittal of the motion authorizing preparation of that document by the

Board to the Director of Planning. The Director shall complete the environmental impact report notwithstanding the fact that the proposed controls have been deemed disapproved after the expiration of 120 days as set forth in Subsection (b), unless directed otherwise by the Board. Upon completion of that document, the same interim controls may be initiated and thereafter adopted within 120 days of their initiation. If the Board votes on a motion authorizing the preparation of an environmental impact report and the motion fails, the interim zoning controls process shall terminate on that date. If the Board does not vote on a motion authorizing the preparation of an environmental impact report within 30 days of the date of receipt of notification that an environmental impact report is required and of the proposed Board motion which would authorize its preparation, the interim zoning controls process shall terminate on the 30th day after receipt of such notification.

(5) Any time limits set forth in this Subsection (d) may be enlarged by motion of the Board.

(e) Interim Zoning Controls Imposed by the Planning Commission. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Planning Commission. The procedure may be initiated upon application pursuant to Section 306 of the Code by an interested property owner, resident, or commercial lessee as defined by Section 302(b) herein or by adoption of a resolution proposing imposition of the interim zoning controls by the Planning Commission. A resolution proposing imposition of the interim zoning controls shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. Upon adoption of that resolution or receipt of the application, the Zoning Administrator shall provide the notice required by Subsection (g) within 20 days. Within 30 days after the required notice has been provided, the Commission shall hold a hearing on the proposed interim controls. Upon completion of environmental review as required by applicable provisions of CEQA and the Administrative Code, the Commission may adopt a resolution imposing the interim zoning controls by a majority vote. Matters relating to environmental review which require a hearing may be considered at the same Commission meeting at which the Commission considers and acts upon the proposed controls, so long as environmental review is completed first. Any hearing to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to the Commission.

view which require a hearing may be considered at the same Commission meeting at which the Commission considers and acts upon the proposed controls, so long as environmental review is completed first. Any hearing to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to the Commission.

(f) Ratification or Disapproval of Commission Action. Each proposed interim control voted on by the Planning Commission and failing of passage and each interim control imposed by the Planning Commission shall be forwarded within two business days of the Commission action to the Board of Supervisors, which may ratify or disapprove the action taken by the Planning Commission. The interim controls imposed by the Planning Commission shall remain in effect and be deemed ratified unless and until the Board of Supervisors disapproves the controls within 90 days of the date that they are received by the Clerk of the Board. If disapproved, the interim zoning controls shall be of no further force and effect. The Board of Supervisors may disapprove the action of the Planning Commission by a majority vote. In the event the Board disapproves the action of the Commission when the Commission has disapproved a proposed interim control, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed interim control. In considering whether to ratify or disapprove Commission action, the Board shall consider the purposes and objectives set forth in Subsection (a).

(g) Notice. Notice of the time and place of a public hearing on interim zoning controls before the Planning Commission if the Planning Commission initiates the controls, or before the Board of Supervisors or a committee of the Board if a member of the Board initiates the controls, shall be provided pursuant to the requirements of Section 333 of this Code, and such other notice as the Clerk of the Board or the Zoning Administrator may deem appropriate.

Notice of a public hearing by the Board of Supervisors or a committee of the Board for the ratification or disapproval of interim controls imposed by the Planning Commission shall be given pursuant to the requirements of this subsection. The body imposing the interim zoning controls may not enlarge the area affected by the proposed amendment or

modify the proposed amendment in a manner that places greater restrictions on the use of property unless notice is first provided in accordance with the provisions of this subsection and a hearing is provided on the modifications. Notice may be provided pursuant to the provisions of this subsection (g) prior to the completion of the environmental review process.

(h) Duration. Interim zoning controls shall remain in effect for a period specified in the resolution imposing the controls. Such period may not exceed 18 months from the date of imposition of the controls. The body imposing the controls may extend the controls subject to the hearing and notice standards of this Section, but shall not allow any extension which would keep the interim controls in effect longer than 24 months. When determining the appropriate duration of the interim controls, and any extension, the body imposing the controls shall balance (1) the hardship on property owners if the controls are imposed against (2) the detriment to the public if the controls are not imposed, and shall also consider those factors affecting the time required to study the contemplated zoning proposal, such as the complexity of the problem, the need to hire consultants, and the area of study.

(i) Planning Study. Upon the imposition of interim zoning controls by either the Board of Supervisors or the Planning Commission, the Planning Department shall conduct a study of the contemplated zoning proposal and shall propose permanent legislation. As to any controls which are placed in effect for more than six months, the staff of the Planning Department shall report to the entity imposing the controls six months from the date of the imposition of the controls and at least every six months thereafter. The report shall inform that body of (1) the status of the planning study, (2) the findings and recommendations to date, and (3) the estimated time of completion of such study and proposed permanent legislation. These reports shall be considered in a public hearing duly noticed in accordance with the basic rules of the body that imposed the interim zoning controls.

(Amended by Ord. 137-85, App. 3/14/85; Ord. 122-86, App. 4/7/86; Ord. 42-87, App. 2/20/87; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Division (f) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (g), including undesignated paragraphs, amended; divisions (g)(1)-(5) deleted; Ord. 179-18, Oper. 1/1/2019. Nonsubstantive amendments to division (b); Ord. 13-26, Eff. 3/16/2026.

SEC. 306.8. POSTING OF SIGNS REQUIRED.

(a) Hearings for Which Notice Required. In addition to the requirements for notice provided elsewhere in this Code, the requirements for notice set forth in this Section shall apply to hearings before the Planning Commission or the Zoning Administrator (1) on an application for a conditional use or variance, (2) for every amendment to reclassify property initiated by application as permitted in Section 302(b) where the area sought to be reclassified is ½ acre or less (exclusive of streets, alleys and other public property) and where the applicant owns all or a portion of the property to be reclassified or is a resident or commercial lessee thereof, (3) for any permit application or project authorization application reviewed pursuant to Sections 309 or 322, and (4) for any application for a building or site permit authorizing a new building the consideration or approval of which is scheduled before the Planning Commission. This Section shall not apply to variance applications involving a less than 10 percent deviation as described in Section 305(c) or to hearings or actions relating to environmental review.

(b) Signposting Requirements. Hearings that are required to be noticed pursuant to this section 306.8 shall provide notice pursuant to the requirements of Section 333 of this Code.

(c) Notice of Reclassification by Zoning Administrator. The Zoning Administrator shall post signs providing notice of proposed reclassifications that are subject to this section pursuant to the requirements of Section 333 of this Code.

(d) Declaration Required; Failure to Comply. The applicant, other than an applicant for a reclassification, shall submit at the time of the hearing a declaration signed under penalty of perjury stating that the applicant has complied with the provisions of this Section. If any person challenges the applicant's compliance with this Section, the Commission or, as to variance hearings the Zoning Administrator, shall determine whether the applicant has substantially complied and, if not, shall continue the hearing for that purpose. A challenge may be raised regarding compliance with the provisions of this Section by any person after the hearing by filing a written statement with the Zoning Administrator, or such challenge

this Section, the Commission or, as to variance hearings the Zoning Administrator, shall determine whether the applicant has substantially complied and, if not, shall continue the hearing for that purpose. A challenge may be raised regarding compliance with the provisions of this Section by any person after the hearing by filing a written statement with the Zoning Administrator, or such challenge

may be raised by the Zoning Administrator, but no challenge may be filed or raised later than 30 days following Commission action, or as to variance hearings 10 days following the decision. If no challenge is filed within the time required, it shall be deemed conclusive that the applicant complied with the provisions of this Section. If it is determined, after a hearing for which at least five days' notice has been given to the person filing the challenge and the applicant, that the applicant has not substantially complied with the provisions of this Section, the action of the Planning Commission or the Zoning Administrator shall be deemed invalid and the matter shall be rescheduled for hearing after the required notice has been given. Notwithstanding any other provision of this Section, an application may be denied if continuance or delay of action on the application would result in an application being deemed approved pursuant to Government Code Sections 65920 et seq .

(e) Permission to Enter Property. Every person who has possession of property which is the subject of an application subject to this Section shall permit entry at a reasonable time to an applicant who is seeking entry in order to allow the posting of the sign required herein and no such person shall remove or cause the removal of such sign during the period of time that posing is required herein and without reasonable cause to believe that such removal is necessary in order to protect persons or property from injury.

(f) Rights Affected. The requirements of this Section are not intended to give any right to any person to challenge in any administrative or judicial proceeding any action if such person would not otherwise have the legal right to do so. (Amended by Ord. 252-86, App. 6/27/86; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (a) and (b) amended; divisions (b)(1)-(c)(iii) deleted; divisions (d)-(g) redesignated as (c)-(f); current division (c) amended; Ord. 179-18, Oper. 1/1/2019.

SEC. 306.9. NOTICE OF APPLICATIONS FOR BUILDING PERMITS FOR SUTRO TOWER.

(a) Applicability. This section shall apply to all applications for building permits for work to be performed on the site of Sutro Tower.

(b) Purpose. The purpose of this Section is to establish procedures for providing notice of applications for building permits for the Sutro Tower site to property owners neighboring the site and to interested neighborhood organizations so that concerns about the application may be identified and resolved during the review of the permit.

(c) Notification. Upon determination that an application is in compliance with the requirements of the Planning Code, the Planning Department shall provide public notification pursuant to the requirements of Section 333 of this Code, except that no posted notice shall be required, and that the mailed notice shall be mailed to all owners and, to the extent practicable, occupants of properties within a 1,000 foot radius of the property line of the Sutro Tower site. This notice shall be in addition to any notices required by the Building Code and in addition to other requirements for notice provided elsewhere in this Code.

(Added by Ord. 310-00, File No. 001762, App. 12/28/2000; amended by Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

AMENDMENT HISTORY

Division (c) amended; Ord. 166-16 , Eff. 9/10/2016. Division (c) amended; Ord. 179-18, Oper. 1/1/2019.

SEC. 306.10. [REPEALED.]

(Added by Ord. 214-02, File No. 020155, App. 11/1/2002; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR.

(See Interpretations related to this Section.)

In addition to those specified in Sections 302 through 306 of this Code, the Zoning Administrator shall have the following powers and duties in administration and enforcement of this Code.

(a) Rules, Regulations and Interpretations. The Zoning Administrator shall, consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the permanent public records of the Planning Department. The Zoning Administrator shall respond to all written requests for determinations regarding the classification of uses and the interpretation and applicability of the provisions of this Code.

(b) Compliance with This Code. The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this Code, through review of permit applications, surveys and record-keeping, enforcement against violations as described in Section 176, and other means.

(c) Inspection of Premises. In the performance of any prescribed duties, the Zoning Administrator and employees of the Planning Department authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.

authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.

(d) Code Maintenance. The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this Code, for the purpose of recommending necessary changes to the Director of Planning and the Planning Commission.

(e) Exercise of Powers and Duties by Others. In cases where absence, incapacity, vacancy of the office, conflict of interest or other sufficient reasons prevent action by the Zoning Administrator, the Director of Planning may designate any officer or employee of the Department to carry out any function of the Zoning Administrator so affected.

(f) Cooperation With Other Departments. The Zoning Administrator shall furnish to the various departments, officers and employees of the City vested with the duty or authority to issue permits or licenses (including but not limited to the Department of Public Works, Department of Public Health, Police Department and Fire Department) such information as will insure the proper administration of this Code and of all the rules, regulations, interpretations and other determinations of the Planning Department relative thereto. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of the Zoning Administrator's duties, and to assist in the enforcement of the provisions of this Code.

(g) Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2.

(h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section.

(1) Applicability.

(A) Eastern Neighborhood Mixed Use Districts. For projects not subject to Section 329, relief may be provided for the following requirements: rear yard; non-residential open space; off-street loading requirements; and off-street parking limits up to the maximum quantities described in Section 151.1.

(B) Dwelling Unit Exposure for Historic Buildings. Relief may also be provided for dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts per Article 10 of this Code, any building designated Category I-IV per Article 11 of this Code, and/or buildings

recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met: (i) literal enforcement of Section 140 would result in the material impairment of the historic resource; and (ii) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code. This administrative exception does not apply to new additions to historic buildings.

(C) Residential Open Space for Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space, meeting the requirements of Section 135(h), may be credited toward the residential usable open space requirement.

(D) Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided that:

(i) the Residential Use, whether Dwelling Units roup1 Housing, or SRO units, are Principally Permitted in the district or districts in which the project is located;

(ii) the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location; and

(iii) the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.

(E) Better Roofs; Living Roof Alternative. For projects subject to Section 149 and 249.78(d)(3), the Zoning Administrator may waive portions of the applicable requirements as provided in Section 149(e) and 249.78(d)(3)(D), respectively.

(F)2 Bay Windows. Bay windows that maintain the same massing as those allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the requirements of Section 136, may be provided complete or partial relief with the advice of the Planning Director that said windows otherwise meet all applicable design guidelines.

(F)2 Restriction of Lot Mergers in Certain Districts and on Pedestrian-Oriented Streets. For projects subject to the restrictions on lot mergers in Section 121.7, the Zoning Administrator may approve exceptions from those restrictions as provided in Section 121.7(c).

(2) Procedures. The review of a modification requested under this Section shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations; no additional fee shall be required. Under no circumstances shall such modification provide relief from any fee, including those related to usable open space pursuant to Sections 135(j) and 135.3(d). The provisions of this Subsection (h) shall not preclude such additional conditions as may be deemed necessary by the Zoning Administrator to further the purposes of this Section or other Sections of this Code.

(i) Criteria for the Reduction or Modification of Off-Street Parking Requirements. In approving a reduction or modification of off-street requirements authorized by this Code, the Zoning Administrator or the Planning Commission shall consider and apply the following criteria:

(1) the reduction in the parking requirement is justified by the reasonably anticipated automobile usage by residents of and visitors to the project; and

(2) the reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing in or working in the vicinity; and

• (3) the minimization of conflict of vehicular and pedestrian movements; and

• (4) the availability of transportation modes other than the automobile; and

• (5) the pattern of land use and character of development in the vicinity; and

(6) such other criteria as the Zoning Administrator deems appropriate in the circumstances of the particular case.

(j) Conversion from Student Housing to Non-Student Residential Use. If a residential project no longer qualifies as Student Housing as defined in Planning Code Section 102, the Zoning Administrator may allow the conversion of the

Student Housing to any permitted residential use in the zoning district in which the Student Housing is located upon determination that the converted Student Housing has complied with any applicable Inclusionary Affordable Housing Requirements as outlined in Planning Code Section 415.3(c)(5)(C)(iii), and that all other Planning Code requirements applicable to that residential use have been met or modified through appropriate procedures.

(k) Waiver or Modification of Required Bicycle Parking. The Zoning Administrator shall conduct the review of any administrative waiver under Section 307(k) as part of, and incorporate into, a related building permit application or other required project authorization and shall not require an additional fee or application.

(1) Waiver or Modification of Class 1 Bicycle Parking Requirements.

(A) Alternative Locations. The Zoning Administrator may grant approval that Class 1 bicycle parking be located on an offsite lot, under certain circumstances. Uses subject to Section 155.2 may apply for alternative locations approval only when off-street automobile parking does not exist on the subject lot. Existing City-owned buildings subject to 155.3 may apply for alternative locations approval when compliance with subsection 155.3(b) may not be feasible because of demonstrable hardship including when off-street automobile parking does not exist on the subject lot. In acting upon all these cases, the Zoning Administrator shall be guided by the following criteria:

(i) Such alternative facilities shall be well lit and secure.

(ii) The alternative facility bicycle entrance shall be no more than 500 feet from the entrance of the primary building, unless there are no feasible locations within a 500 foot radius that can be provided. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking garage.

(B) Temporary Exemptions. The Zoning Administrator may issue a temporary exemption for bicycle parking subject to Section 155.3 of this Code for one year, under the following circumstances:

(i) For required Class 1 bicycle parking requirements in City-owned and leased buildings, if no feasible alternative parking facility exists nearby that can be approved pursuant to Subsection (k)(1)(A) above, or securing an alternative location would be unduly costly and pose a demonstrable hardship on the Landlord or on the City where the City owns the building. In order to obtain this exemption, the Responsible City Official shall certify to the Zoning Administrator in writing that the Landlord or the City where the City owns the building, will not prohibit Employees from storing a bicycle in a Workspace provided that such bicycles are stored in a way that the Fire Code is not violated and that the normal business of the building is not disrupted. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.

(ii) For required bicycle parking in non-accessory automobile garages or lots with 500 or more spaces. In order to obtain this exemption, the Responsible City Official shall provide to the Zoning Administrator in writing an analysis demonstrating that the demand for bicycle parking in that location is less than the amount required by Section 155.3 of this Code. This exemption may only be provided for any required bicycle parking above fifty Class 2 spaces. The exemptions for these garages may be issued for up to one year. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.

ction 155.3 of this Code. This exemption may only be provided for any required bicycle parking above fifty Class 2 spaces. The exemptions for these garages may be issued for up to one year. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.

(2) Temporary Exemptions, Waiver or Modification of Required Class 2 Bicycle Parking. Temporary exemptions for Class 2 bicycle parking shall be granted as allowed in subsection 1(B) above. The Zoning Administrator may administratively waive some or all of the Class 2 bicycle parking requirement in any case when all of findings (A)(D) are affirmatively met for some or all of the Class 2 requirements:

(A) No off-street auto parking is provided on-site in a garage or lot;

(B) No on-site publicly-accessible open space is provided where it would be appropriate to locate some or all of the required Class 2 bicycle parking as allowed per Section 155.1(b)(2) of this Code;

(C) The provision of on-site Class 2 bicycle parking is not desirable or feasible based on the physical character, pedestrian circulation, historic character or urban design of the building and block;

(D) The San Francisco Municipal Transportation Agency, Department of Public Works, or other relevant agency will not grant approval to install Class 2 bicycle racks in the public right-of-way adjacent to the subject lot sufficient to meet the requirements because the bicycle rack would: (i) interfere with utilities or the general public welfare or (ii) adversely affect the design and configuration of existing or planned streetscape improvements.

(E) In Lieu Fee in Case of Waiver or Variance for Class 2 Parking. For each required Class 2 bicycle parking space that the Zoning Administrator waives as a result of a variance per Section 305 or waives in accordance with subsection (D)(ii) above, the project sponsor shall pay an in lieu bicycle parking fee as provided by Section 430 et seq . of this Code.

(l) Exceptions from Certain Specific Code Standards Through Administrative Review for Accessory Dwelling Units Constructed Pursuant to Section 207.1 of this Code. The Zoning Administrator may allow complete or partial relief from the density limits and from the bicycle parking, rear yard, exposure, and/or open space requirements of this Code when modification of the requirement would facilitate the construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the requirements of Section 207.1 of this Code.

Section 207.1 of this Code.** The Zoning Administrator may allow complete or partial relief from the density limits and from the bicycle parking, rear yard, exposure, and/or open space requirements of this Code when modification of the requirement would facilitate the construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the requirements of Section 207.1 of this Code.

(1) Exposure. The exposure requirements of Section 140 apply, except that subsection (a)(2) may be satisfied through windows facing an open area that is at least 225 square feet, with no horizontal direction being less than nine feet, and that is not required to expand on subsequent floors. Permitted obstructions that are outlined in Section 140 and fire escapes, not projecting more than 4 feet 6 inches, would be allowed in such open area. In considering any request for complete or partial relief from these Code requirements, the Zoning Administrator shall facilitate the construction of such Accessory Dwelling Units to the extent feasible and shall consider any criteria elsewhere in this Section 307 that he or she determines to be applicable. Nothing in this Section shall be interpreted as allowing for an existing nonconforming use to be deemed conforming.

(2) Bicycle Parking. The requirements of Sections 155.1 and 155.2 shall apply, except that (A) in a building with no new corridors, an existing three-foot corridor may satisfy the requirement of a legal nonconforming access corridor for purposes of bicycle parking access in existing buildings and (B) vertical bicycle parking may satisfy up to 100% of required bicycle parking.

(m) The Zoning Administrator may partially wave the exposure requirements of Section 140(b) for group housing so that when a qualifying window faces an open area per subsection 140(a)(2), such open area may be no less than 15 feet in every horizontal direction and may not be required to expand on subsequent floors.

(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. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 49-14, File No. 131063, App. 4/17/2014, Eff. 5/17/2014; 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. 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. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App.

Eff. 10/18/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App.

12/12/2018, Eff. 1/12/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 43-20, File No. 190454, App. 3/20/2020, Eff. 4/20/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Divisions (a), (c), (d), (f), and (h)(1) amended; division (i) added; Ord. 63-11, Eff. 5/7/2011. Division (j) added; Ord. 18812 , Eff. 10/11/2012. Undesignated introductory paragraph amended; Ord. 56-13 , Eff. 4/27/2013. Division (k) added; Ord. 183-13 , Eff. 9/6/2013. Division (l) added; Ord. 49-14, Eff. 5/17/2014. Division (h) amended; former division (h)(1) amended and redesignated as new divisions (h)(1)(A) and (B); new divisions (h)(1)(C) and (D) added; Ord. 232-14 , Eff.

12/26/2014. Division (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (l) amended; Ord. 30-15 , Eff. 4/25/2015. Division (l) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015. Division (m) added; Ord. 164-15 , Eff. 10/23/2015. Undesignated introductory paragraph and division (l) amended; Ord. 162-16 , Eff. 9/3/2016. Division (h)(1)(E) added; Ord. 221-16, Oper. 1/1/2017. Undesignated introductory paragraph and division (g) amended; Ord. 129-17, Eff. 7/30/2017. Division (l) amended and redesignated as divisions (l) and (l)(1); division (l)(2) added; Ord. 195-18, Eff. 9/10/2018. Divisions (g) and (h)(1)(E) amended; Ord. 296-18, Eff. 1/12/2019. Division (l) amended; Ord. 116-19, Eff. 7/29/2019. Divisions (h)(1)(D)-(h)(1)(D)(iii) amended; division (h)(1)(F) added; Ord. 43-20, Eff. 4/20/2020. Second division (h)(1)(F)[2] added; Ord. 71-20 , Eff. 6/1/2020. Division (l) amended; Ord. 62-24 , Eff. 4/28/2024. Editor's Note:

Ordinance 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).

CODIFICATION NOTES

1. So in Ord. 43-20.

2. Ord. 43-20 and Ord. 71-20 each added a new division designated as (h)(1)(F).

SEC. 308. APPEALS.

In the case of any amendment, Conditional Use or Variance action described in Sections 302 through 305 of this Code, and in the case of any order, requirement, decision or other determination (other than a Variance) made by the Zoning Administrator, the procedures for appeals shall be as described in Sections 308 through 308.2. (Amended by Ord. 235-68, App. 8/7/68; Ord. 69-87, App. 3/13/87; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 308.1. APPEALS: AMENDMENTS TO THE PLANNING CODE AND CONDITIONAL USES.

(See Interpretations related to this Section.)

(a) Right of Appeal. The action of the Planning Commission, in disapproving in whole or in part an amendment to the Planning Code initiated by application as described in Section 302 and Sections 306 through 306.5, or in approving or disapproving in whole or in part an application for Conditional Use authorization as described in Sections 303 and 304 and Sections 306 through 306.5, shall be transmitted to the Office of the Clerk of the Board in final and signed form within 20 business days of Commission’s action to approve or disapprove in whole or part the application, and subject to appeal to the Board of Supervisors in accordance with this Section 308.1. An action of the Commission so appealed from shall not become effective unless and until approved by the Board of Supervisors in accordance with this Section 308.1. (b) Notice of Appeal. Any appeal under this Section 308.1 shall be taken by filing written notice of appeal with the Board of Supervisors no earlier than ten business days after the date of action by the Planning Commission, and no later than within 30 days after the date of action by the Planning Commission. The appeal shall be filed with the Office of the Clerk of the Board in a manner prescribed by the Clerk of the Board and in accordance with the Planning Fee Schedule. The notice of appeal shall be subscribed by either (i) the owners or Verified Tenants of at least 20% of the property affected by the proposed amendment or Conditional Use or (ii) five members of the Board of Supervisors. The signature on the appeal of members of the Board shall not be deemed to be any indication of their position on the merits of the appeal but rather shall indicate only that they believe there is sufficient public interest and concern in the matter to warrant a hearing by the Board of Supervisors. Upon receipt of a notice of appeal, the Office of the Clerk of the Board shall transmit the notice of appeal and subscribed signatures to Public Works within five business days for its determination of

the 20% threshold of the property referenced above. For the purposes of this Section 308.1, the property affected, and the determination of the 20% threshold, shall be calculated by Public Works within five business days from when the Office of the Clerk of the Board requests a determination on the 20% threshold of the property referenced, as follows: (1) When a proposed amendment or Conditional Use has been disapproved by the Planning Commission, the property affected shall be deemed to be all property within the area that is the subject of the application for amendment or Conditional Use, and within 300 feet of all exterior boundaries of the property that is the subject of the application;

(2) When a proposed Conditional Use has been approved by the Planning Commission, the property affected shall be deemed to be all property within 300 feet of all exterior boundaries of the property for which the Conditional Use has been approved by the Planning Commission, excluding the property for which the approval has been given;

(3) In either of the above cases, when any property is owned by the City and County of San Francisco, the United States Government or the State of California, or any department or agency thereof, or by any special district, and is located within 300 feet of the area that is the subject of the application for amendment or Con-ditional Use, such property shall be excluded in determining the property affected unless such owner shall itself be a subscriber of the notice of appeal; and

(4) Wherever a property is held in joint ownership, the signatures of joint owners shall be calculated as representing affected property in direct proportion to the amount of the total ownership of that property attributable to the joint owner or owners subscribing to the notice of appeal. For the purposes of this calculation, the term “joint ownership” shall include joint tenancies, interests in common, community property, partnerships, stock cooperatives, condominiums, community apartments and planned unit developments. Where each owner has exclusive rights to a portion of the property, the proportion of the total ownership attributable to that owner shall be calculated in terms of a ratio of the floor area and land area in which that owner has exclusive, joint, and common rights to the total floor area and land area of that property. Under these calculations, the land area of an affected property in joint ownership shall be given the same weight as the land area of an affected property not in joint ownership, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.

(5) For purposes of this Section 308.1, a “Verified Tenant” is a residential or commercial tenant of a property who declares, under penalty of perjury of the laws of the State of California, that the tenant occupies the entire property or at least one separate unit on the property pursuant to a lease with a term exceeding 32 days. Each Verified Tenant who signs an appeal pursuant to this Section 308.1 must maintain proof of tenancy including either an executed lease reflecting a term of more than 32 days, or at least one of the following forms of records reflecting that the tenant has occupied the property for more than 32 consecutive days as of the date of signature: (a) state or federal income tax records, (b) department of motor vehicle records including license, registration or California identification, or (c) utility bills. A Verified Tenant who signs an appeal pursuant to this Section may be required by Public Works to provide such proof of tenancy. A “Verified Tenant” shall not include occupants of property who rent the property for less than 32 consecutive days, or for Tourist or Transient Use, or as a Short-Term Residential Rental, as those terms are defined in Section 41A.4 of the Administrative Code, but shall include tenants of all Unauthorized Units in the property.

ion may be required by Public Works to provide such proof of tenancy. A “Verified Tenant” shall not include occupants of property who rent the property for less than 32 consecutive days, or for Tourist or Transient Use, or as a Short-Term Residential Rental, as those terms are defined in Section 41A.4 of the Administrative Code, but shall include tenants of all Unauthorized Units in the property.

(6) Where a property contains more than one rental unit, the signatures of Verified Tenants shall be calculated as representing the percentage of affected property in the same proportion of the number of rental units on the property represented by the Verified Tenants subscribing to the appeal to the total number of rental units in that property. Only one Verified Tenant for each residential or commercial rental unit shall be counted for each such unit; if more than one Verified Tenant occupying a single rental unit subscribes to the appeal, that unit will only be given the weight of a single unit in the property. Under these calculations, an affected property rented by multiple Verified Tenants shall be given the same weight as an affected property owned by a single owner or occupied by a single tenant, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.

(7) If an owner of 100% of a tenant-occupied property and one or more Verified Tenants of the same property subscribe to the appeal, the land area of the affected property shall be given the same weight as the land area of an affected property owned by a single owner in determining whether 20% of the property affected is represented by signatures to the

appeal. If a joint owner of land held in joint ownership property and one or more Verified Tenants of the same property subscribe to the appeal, the total land area of the affected property shall be calculated by adding the land areas calculated pursuant to subsections (3) through (6), above, and may total, but not exceed 100% of the land area of the property in determining whether 20% of the property affected is represented by signatures to the appeal.

(c) Hearing. Upon the filing of such written notice of appeal so subscribed, the Board of Supervisors or the Clerk thereof shall set a time and place for hearing such appeal, which shal1 may be not less than 21 nor more than 45 days after such filing. If there is not a Board meeting scheduled during that time, the Clerk may schedule the hearing at the next regularly scheduled Board meeting more than 50 days after the filing. The hearing may be held no more than 60 days from the date of filing, unless the parties consent to a later date as provided in subsection (f) below.

h shal1 may be not less than 21 nor more than 45 days after such filing. If there is not a Board meeting scheduled during that time, the Clerk may schedule the hearing at the next regularly scheduled Board meeting more than 50 days after the filing. The hearing may be held no more than 60 days from the date of filing, unless the parties consent to a later date as provided in subsection (f) below.

(d) Decision. The Board of Supervisors shall hear and decide the appeal within 90 days of the filing of the written notice of appeal, unless the parties consent to a later date as provided in subsection (f) below. The Board’s decision on the appeal is final upon adjournment of the meeting at which the hearing was held and at which the Board votes to approve or deny such appeal. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the Planning Commission.

(e) Findings. The Board of Supervisors shall adopt findings supporting its decision to uphold or deny an appeal under this Section 308.1 within 60 days after making its decision on the appeal. Notwithstanding the foregoing sentence, failure of the Board to approve findings within the time specified will not affect the finality of the Board’s decision on the appeal. (f) Continuances. Any continuance of the time periods specified in this section 308.1 shall require a written request from the party or parties seeking continuance in such form as may be provided by the Clerk of the Board for the Board of Supervisors’ consideration.

(g) Votes Required. In acting upon an appeal of a Planning Commission determination on a request for reclassification by an interested party, the Board of Supervisors may disapprove the action of the Planning Commission only by a vote of not less than 2/3 of all members of the Board. In acting upon any other appeal of a Planning Commission determination on a Planning Code amendment, the Board of Supervisors may disapprove the action of the Planning Commission by a majority vote of the Board. In both cases, in the event that one or more of the full membership of the Board is disqualified or excused from voting because of an interest prohibited by general law or the San Francisco Charter, any such disapproval shall be by a vote of all members of the Board that are not disqualified or excused; provided, however, that in the event that a quorum of all members of the Board is disqualified or excused from voting because of an interest prohibited by general law or the Charter, the action of the Planning Commission shall be deemed approved. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed amendment, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed ordinance. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed conditional use, the Board shall prescribe in its motion such conditions as are in its opinion necessary to secure the objectives of this Code, in accordance with Section 303(d).

shall, not later than its next regularly scheduled meeting, adopt the proposed ordinance. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed conditional use, the Board shall prescribe in its motion such conditions as are in its opinion necessary to secure the objectives of this Code, in accordance with Section 303(d).

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96; Ord. 121-01, File No. 010271, App. 6/1/2001; Ord. 277-03, File No. 031497, App. 12/12/2003; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 191-22, File No. 220130, App. 9/16/2022, Eff. 10/17/2022)

AMENDMENT HISTORY

Divisions (a) and (b)-(b)(4) amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 202-18, Eff. 9/10/2018.Divisions (a), (b), (b)(4) amended; divisions (b)(5)-(7), (e), and (f) added; division (c) amended as divisions (c) and (d); former division (d) redesignated as division (g); Ord. 191-22, Eff. 10/17/2022. CODIFICATION NOTE

1. So in Ord. 191-22.

SEC. 308.2. APPEALS: VARIANCES AND ADMINISTRATIVE ACTIONS.

(a) Right of Appeal. The action of the Zoning Administrator, in granting or denying a variance application as described in Section 305 and Sections 306 through 306.5, or in making any order, requirement, decision, or other determination, other than a variance, shall be subject to appeal to the Board of Appeals in accordance with this Section 308.2 and Section 8 of the Business and Tax Regulations Code. Such an appeal may be taken by any person aggrieved or by an officer, board, or commission of the City and County. An appeal shall stay all proceedings in furtherance of the action appealed from.

(b) Notice of Appeal. Any appeal under this Section 308.2 shall be taken by filing written notice of appeal with the Board of Appeals within: 10 days after the date of the written variance, rear yard modification permitted by Section 134, reasonable modification, or elevator height exemption decision of the Zoning Administrator; within 30 days of a Notice of Violation, Notice of Violation and Penalty Decision, or Notice of Additional Compliance Action and Accrued Penalties issued by the Zoning Administrator; or within 15 days of any other written determination of the Zoning Administrator.

(c) Allegations. Any notice of appeal filed pursuant to this Section shall include allegations as follows:

(1) A notice of appeal filed from a variance decision shall set forth the particulars wherein the application for variance is alleged to have met or to have failed to meet, as the case may be, the five requirements set forth in Section 305(c).

(2) A notice of appeal filed from any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, shall set forth specifically wherein it is alleged that there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator.

(d) Hearing. The procedure and requirements for the transmittal of the record, notice of hearing, and hearing in connection with any appeal under this Section shall be as specified in Article I, Part III of the San Francisco Municipal Code.

(e) Decision. Upon the hearing of any appeal taken pursuant to this Section, the Board of Appeals may, subject to the same limitations as are placed upon the Zoning Administrator by Charter or by this Code, approve, disapprove or modify the decision or determination appealed from, in conformity with the following requirements:

(1) In the case of a variance application, the Board shall specify in its findings, as part of a written decision, facts sufficient to establish wherein the application meets or does not meet, as the case may be, the five requirements set forth in Section 305(c); and, if the five requirements are deemed to be met, the Board shall specify the character and extent of the variance, and shall also prescribe such conditions as are necessary to secure the objectives of this Code, in accordance with Section 305(d).

(2) In the case of any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, if the determination of the Board differs from that of the Zoning Administrator, it shall, in a written decision, specify wherein there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator, and shall specify in its findings, as part of such written decision, the facts relied upon in arriving at its determination.

(Added by Ord. 235-68, App. 8/7/68; Ord. 321-96, App. 8/8/96; amended by Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 221-25, File No. 250889, App. 11/21/2025, Eff. 12/22/2025)

AMENDMENT HISTORY

Division (b) amended; Ord. 33-24, Eff. 3/23/2024. Divisions (a) and (b) amended; Ord. 221-25, Eff. 12/22/2025.

SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS.

The provisions and procedures set forth in this Section 309 shall govern the review of project authorization and building and site permit applications for (1) the construction or substantial alteration of structures in C-3 Districts, (2) the granting of exceptions to certain requirements of this Code where the provisions of this Section are invoked, and (3) the approval of open space and streetscape requirements of the Planning Code. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered.

This Section shall not require additional review in connection with a site or building permit application if review hereunder was completed with respect to the same proposed structure or alteration in connection with a project authorization application pursuant to Section 322.

• (a) Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below:

• (1) Exceptions to the setback, streetwall, tower separation, and rear yard requirements as permitted in Sections 132.1 and 134;

• (2) Exceptions to the ground-level wind current requirements as permitted in Section 148;

• (3) Exceptions to the sunlight to public sidewalk requirement as permitted in Section 146;

• (4) Exceptions to the limitation on curb cuts for parking access as permitted in Section 155(r);

• (5) Exceptions to the limitations on above-grade residential accessory parking as permitted in Section 155(s);

• (6) Exceptions to the freight loading and service vehicle space requirements as permitted in Section 161(e);

• (7) Exceptions to the off-street tour bus loading space requirements as permitted in Section 162;

• (8) Exceptions to the height limits for buildings taller than 550 feet in height in the S-2 Bulk District for allowance of non-occupied architectural, screening, and rooftop elements that meet the criteria of Section 260(b)(1)(M);

• (9) Exceptions to the volumetric limitations for roof enclosures and screens as prescribed in Section 260(b)(1)(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building;

• (10) Exceptions to the height limits for vertical extensions as permitted in Section 260(b)(1)(G) and for upper tower extensions as permitted in Section 263.9;

• (11) Exceptions to the height limits in the 80-130F and 80-130X Height and Bulk Districts as permitted in Section

• 263.8 and in the 200-400S Height and Bulk District as permitted in Section 263.10;

• (12) Exceptions to the bulk requirements as permitted in Sections 270 and 272;

• (13) Exceptions to the exposure requirements of Section 140;

• (14) Exceptions to the usable open space requirements as permitted in Section 135;

• (15) Exceptions to the Micro-Retail requirements as permitted in Section 249.33;

(16) Exceptions to the height and bulk limits for parcels within the Van Ness & Market Residential Special Use District as defined by Section 270(f)(2). In considering such exceptions, the Planning Commission shall consider the extent to which the project achieves the following: (A) sculpts the building massing to achieve an elegant and creative tower form that enhances the skyline; (B) reduces or minimizes potential impacts on winds and shadows; (C) provides ground floor uses that serve a range of income levels and enrich the social landscape of the area such as: Arts Activities, Child Care Facility, Community Facility, Public Facility, School, Social Service, priority health service or neighborhoodserving retail; and (D) maximizes housing density within the allowed envelope;

) reduces or minimizes potential impacts on winds and shadows; (C) provides ground floor uses that serve a range of income levels and enrich the social landscape of the area such as: Arts Activities, Child Care Facility, Community Facility, Public Facility, School, Social Service, priority health service or neighborhoodserving retail; and (D) maximizes housing density within the allowed envelope;

(17) Exceptions to the percent lot coverage requirements of Section 270.2(e)(6) for projects within the Van Ness & Market Residential Special Use District. The Planning Commission shall only grant such exceptions if the Planning Commission finds that: (A) the proposed mid-block alley and percent coverage do not negatively affect the use and purpose of the alley as a means of creating a more efficient pedestrian network, as described in subsections 270.2(a)-(b); and (B) the proposed percent coverage does not negatively impact the quality of the mid-block alley as an area of pedestrian and retail activity and public open space. An exception shall not be granted for any mid-block alley that is less than 35 percent open to the sky;

(18) Exceptions to the required minimum dwelling unit mix in Section 207.6 for projects within the Van Ness & Market Residential Special Use District. In considering such exceptions, the Planning Commission shall consider the following criteria:

• (A) whether the project demonstrates a need or mission to serve unique populations; or

• (B) whether the project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill the requirements of Section 207.6 or subsection 309(a)(18)(A); and

(19) Exceptions to the permitted obstructions requirements in Section 136 for projects within the Van Ness & Market Special Use District as defined by Section 270(f)(2). The Planning Commission shall only grant such an exception if it finds that the proposed obstructions assist the proposed development to meet the requirements of Section 148, or otherwise reduce wind speeds at the ground-level or at upper level open space.

(b) Design Review. In addition to the requirements set forth in this Code, additional design requirements and limitations (hereafter referred to as modifications) may be imposed on the following aspects of a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code:

(1) Building siting, orientation, massing and facade treatment, including proportion, scale, setbacks, materials, cornice, parapet and fenestration treatment, and design of building tops;

(2) Aspects of the project affecting views and view corridors, shadowing of sidewalks and open spaces, openness of the street to the sky, ground-level wind current, and maintenance of predominant streetwalls in the immediate vicinity;

• (3) Aspects of the project affecting parking, traffic circulation and transit operation and loading points;

• (4) Aspects of the project affecting its energy consumption;

(5) Aspects of the project related to pedestrian activity, such as placement of entrances, street scale, visual richness, location of retail uses, and pedestrian circulation, and location and design of open space features;

(6) Aspects of the project affecting public spaces adjacent to the project, such as the location and type of street trees and landscaping, sidewalk paving material, and the design and location of street furniture as required by Section 138.1;

(7) Aspects of the project relating to quality of the living environment of residential units, including housing unit size and the provisions of open space for residents;

(8) Aspects of the design of the project which have significant adverse environmental consequences;

(9) Aspects of the project that affect its compliance with the provisions of Sections 1109(c), 1111.2(c), 1111.6(c), and 1113 regarding new construction and alterations in conservation districts;

(10) Other aspects of the project for which modifications are justified because of its unique or unusual location, environment, topography or other circumstances.

(c) Application Process for 309 Review. Review subject to this Section will be triggered by submittal of a Section 309 Application or submittal of a building or site permit.

• (d) Hearing and Determination of Applications for Exceptions.

(1) Hearing. The Planning Commission shall hold a public hearing on a Section 309 application if:

(A) The project includes the construction of a new building greater than 120 feet in height (excluding any exceptions permitted per Section 260(b)), or includes a vertical addition to an existing building with a height of 120 feet or less resulting in a total building height greater than 120 feet; or

(B) The project would require an exception as provided in Subsection 309(a); provided that the hearing requirements of this Section 309 shall not apply to Commercial to Residential Adaptive Reuse projects seeking exceptions or modifications pursuant to Section 210.5(d).

(2) Notice of Hearing. Notice of such hearing shall be conducted pursuant to the provisions of Section 333 of this Code.

(3) Decision and Appeal. The Planning Commission may, after public hearing and after making appropriate findings, approve, disapprove or approve subject to conditions, the application for an exception. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that Body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

on for an exception. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that Body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

(4) Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may approve, disapprove or modify the decision appealed from. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.

(e) Imposition of Conditions, General. If, pursuant to the provisions of this Section 309, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or Section 309 application, and the applicant agrees to comply, the Planning Commission may approve the application subject to those conditions, and if the applicant refuses to so agree, the Planning Commission may disapprove the application.

(f) Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section 309 shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section.

(g) An approval action in accordance with this Section 309 shall constitute the City’s decision to approve the project for purposes of Administrative Code Chapter 31.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 79-87, App. 3/20/87; Ord. 255-88, App. 6/22/88; Ord. 314-95, App. 10/6/95; Ord. 129-06, File No, 060372, App. 6/22/2006; 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; 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; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; 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; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)

AMENDMENT HISTORY

Undesignated introductory material and divisions (a)-(i) amended; Ord. 140-11, Eff. 8/4/2011. Division (a)(1) amended; new [now former] divisions (a)(9) and (a)(10) added and former divisions (a)(9)-(a)(11) redesignated as [now former] (a) (11)-(a)(13); division (k) added; Ord. 182-12 , Eff. 9/7/2012. [Former] division (a)(7) and division (b) amended; Ord. 5613 , Eff. 4/27/2013. Former division (a)(4) deleted and former divisions (a)(5)-(13) redesignated as (a)(4)-(12); [now former] divisions (a)(10) and (11) amended; Ord. 232-14 , Eff. 12/26/2014. Division (a)(6) amended; new division (a)(10) added and former divisions (a)(10)-(12) redesignated as (a)(11)-(13); Ord. 102-16 , Eff. 7/24/2016. Divisions (a)(14)-(15) added; divisions (d), (e)(1), (e)(2), and (e)(4) amended; divisions (e)(1)(A)-(C) added; divisions (f)-(f)(3) deleted and former divisions (g)- (g)(3) redesignated as (f)-(f)(3) and (f)(1)-(2) amended; division (h) deleted; Ord. 179-18, Eff. 8/27/2018. Divisions (a)(16)-(20) added; Ord. 126-20, Eff. 8/31/2020. Division (a)(17) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (a)(6) and (a)(19)(B) amended; Ord. 136-21, Eff. 9/4/2021. Undesignated introductory paragraph amended; divisions (d), (e)(1)(A), and (f)(1)-(3) deleted; divisions (e), (e)(1)(B)-(C), and (i)-(k) redesignated as (d), (d)(1) (A)-(B), and (e)-(g) and amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (a)(1) and (14) amended; Ord. 33-24, Eff. 3/23/2024. Division (a)(8) deleted; former divisions (a)(9)-(20) redesignated as (a)(8)- (19); Ord. 37-25, Eff. 5/4/2025.

SEC. 309.1. PERMIT REVIEW IN DOWNTOWN RESIDENTIAL DISTRICTS.

The provisions and procedures set forth in this Section 309.1 shall govern the review of project authorization and building and site permit applications for the construction or substantial alteration of structures in Downtown Residential districts, the granting of exceptions to requirements of this Code, and the imposition of modifications necessary to achieve the objectives and policies of the General Plan and the purposes of this Code as provided for in Section 825 and elsewhere. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered.

(a) Design Review.

(1) In addition to the standard permit review process, the design of projects greater than 50,000 gross square feet or 85 feet in height shall be subject to design review and approval by Department staff. A detailed design review will be initiated by Department staff working with the project sponsor, at the time an application for 309.1 review or building

permit is filed, and may take place in advance of filing a building permit application. This comprehensive review shall resolve issues related to the project's design, including the following:

• (A) Overall building massing and scale;

• (B) Architectural treatments, facade design and building materials;

• (C) The design of lower floors, including building setback areas, townhouses, entries and parking and loading access;

• (D) On sloping sites, parking provided above ground pursuant to Section 825(b)(5)(A);

• (E) The provision of required open space, both on- and off-site;

• (F) Streetscape and other public improvements, including tree planting, street furniture, and lighting;

• (G) Circulation, including streets, alleys and mid-block pedestrian pathways;

• (H) Other changes necessary to bring a project into conformance with the applicable elements and area plans of the General Plan.

(2) If the project sponsor opposes project modifications and conditions recommended by the Director of Planning pursuant to the design review, the Director shall prepare a report of recommended modifications which shall be presented to the Planning Commission for a hearing pursuant to Subsection (e) and which shall be available to the public upon mail notification of said hearing.

(b) Exceptions.

• (1) Exceptions to the following provisions of this Code may be granted as provided for below:

• (A) Exceptions to the tower separation requirements of Section 270(e), pursuant to the criteria described in Sections 270(e)(3), 270(e)(4) and 270(e)(5).

• (B) Provision for exceeding an accessory residential parking ratio principally permitted and up to the maximum permitted by Table 151.1.

• (C) Exceptions to the lot coverage requirements of Section 825(b)(2) for conversions of existing non-residential structures to residential use.

• (D) Reductions in the dwelling unit exposure requirements of Section 140.

• (E) Allowing parking access from Folsom Street, pursuant to 827(a)(8)(A)(ii) and 155(r).

• (F) Reduction of required on-site residential open space of 36 square feet per unit described in Section 827(a)(9) to create additional off-site publicly-accessible open space and superior building design.

• (G) Design, location, and size of publicly-accessible open space as allowed by Section 827(a)(9) and equivalence of proposed publicly-accessible open space in size and quality with required on-site open space.

• (H) Modifications to the required upper story setback above a height of 45 feet on the north side of mid-block pedestrian pathways as allowed in Section 827(a)(5)(C)(i).

(I) On development lots larger than ½-acre, minor deviations from the provisions for measurement of height in Sections 260 of the Code as otherwise provided in Section 304(d)(6), in cases where the Planning Commission finds that such minor measurement modification is necessary for a project of outstanding overall design, complementary to the design of the surrounding area, and necessary to meet the intent and policies of the relevant area plan of the General Plan.

(c) Hearing and Determination on Design Modifications and Applications for Exceptions.

(1) Hearing. The Planning Commission shall hold a public hearing for all projects proposing construction of a new building greater than 120 feet in height or a vertical addition to an existing building with a height of 120 feet or less resulting in a total building height greater than 120 feet, and for applications that require exceptions as provided in subsection (b).

(2) Notice of Hearing. Notice of such hearing shall be mailed not less than 10 days prior to the date of the hearing to the project applicant, to property owners within 300 feet of the project that is the subject of the application, using for this purpose the names and addresses as shown on the citywide Assessment Roll in the Assessor's Office, and to any person who has requested such notice. Such notice shall also be published at least once in an official newspaper of general circulation at least 10 days prior to the date of the hearing. The notice shall state that the written recommendation of the

Director of Planning regarding design modifications to the project and regarding any requests for exceptions is available for public review at the office of the Planning Department.

(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Director of Planning shall review for the Commission key urban design issues related to the project based on the design review pursuant to Subsection (a) and recommend to the Commission modifications to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (b).

(4) Decision and Imposition of Conditions. The Commission may, after public hearing and, after making appropriate findings, approve, disapprove or approve subject to conditions, the project and any applications for exception. In addition to the requirements set forth in this Code, additional requirements, modifications, and limitations may be imposed on a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code, including any modifications recommended by the Planning Director arising from design review. If pursuant to the provisions of this Section, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or an application for exceptions to conform the building to the standards and intent of the Rincon Hill Plan and other elements of the General Plan and the applicant agrees to comply, the Commission may approve the application subject to those conditions.

(5) Appeal. The decision of the Planning Commission on the granting of any exceptions pursuant to Subsection (b) may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

on the granting of any exceptions pursuant to Subsection (b) may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

(6) Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations as are placed on the Planning Commission by Charter or by this Code, approve, disapprove or modify the decision appealed from the Planning Commission. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.

(7) Discretionary Review. No requests for discretionary review, other than through the procedures set forth in this Subsection, shall be accepted by the Planning Department or heard by the Planning Commission for permits in a DTR district.

(d) Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section.

(e) Unbuilt Tower Projects; Progress Requirement and Approval Revocation.

(1) Construction of any development in an "R" bulk district containing a building taller than 110 feet (herein referred to as a "tower project") shall commence within 24 months of the date the tower project is first approved by the Planning Commission or Board of Appeals pursuant to the provisions of this Section. For tower projects that contain more than one tower structure, each tower structure shall be considered as a separate phase of development, with a requirement for commencement of construction for each subsequent tower phase of 18 months beginning after the Certificate of Final Completion and Occupancy is issued on the previous tower phase. Failure to begin construction work within that period, or thereafter to carry the development diligently to completion, shall be grounds for the Planning Commission to revoke approval of the tower project or phase. Neither the Department of Public Works nor the Board of Appeals shall grant any extension of time inconsistent with the requirements of this Subsection (e)(1). For the purposes of this Subsection, "carry the development diligently to completion" shall mean continuous construction work without significant stoppage toward the completion of a tower structure beyond any site clearance, grading, excavation, or demolition of existing buildings on the project site.

(2) The Department of Building Inspection shall notify the Planning Department in writing of its approval for issuance and issuance of a site or building permit for any tower project and of the revocation, cancellation, or expiration of any such permit.

(3) At the first regularly scheduled Planning Commission meeting after the time period described in Subsection (e)(1) or this Subsection (e)(3) has elapsed for any tower project or tower phase, the Planning Commission shall hold a hearing requiring the tower project sponsor to report on the construction progress of the subject tower project or phase. If the Commission finds that the tower project or phase does not meet the progress requirement of Subsection (e)(1), the Commission may revoke or extend, up to a maximum of 12 months for each extension, the approvals for the tower project or phase.

(4) Appeals of Planning Commission decisions pursuant to this Subsection (e) shall be conducted pursuant to the procedures of Subsections (c)(5) and (c)(6).

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 142-09, File No. 090392, App. 7/2/2009; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 217-15 , File No. 151063, App. 12/16/2015, Eff. 1/15/2016; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 15923, File No. 230732, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Divisions (a)(1)(H) and (b)(1)(B) amended; cross references corrected throughout; Ord. 176-12 , Eff. 9/6/2012. Division (b)(1)(A) amended; Ord. 217-15 , Eff. 1/15/2016. Undesignated introductory paragraph and division (c)(1) amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023.

SEC. 309.2. PERMIT REVIEW IN THE EXECUTIVE PARK SPECIAL USE DISTRICT.

The provisions and procedures set forth in Section 309.1, applicable in Downtown Residential Districts, shall also apply in the Executive Park Special Use District (SUD) to achieve the objectives and policies of the General Plan and the purposes of this Code, including but not limited to Section 249.54 and Section 263.27, except that Section 309.2(a) and (b) shall apply instead of the provisions in Section 309.1(a) and (b), the provisions of Section 309.1(c) are modified as provided in Section 309.2(c) and Section 309.1(e) is inapplicable in the SUD.

(a) Design Review.

(1) In addition to the standard permit review process, the design of projects for all new construction shall be subject to design review and approval by Department staff. A detailed design review will be initiated by Department staff working with the project sponsor, at the time an application for Section 309.2 review or building permit is filed, and may take place in advance of filing a building permit application. This comprehensive review shall resolve issues related to the project's design, including the following:

• (A) Overall building massing and scale;

• (B) Architectural treatments, façade design and building materials;

(C) The design of lower floors, including building setback areas, townhouse-style units and entries, and parking and loading access;

• (D) The provision of required open space, both on- and off-site;

(E) Streetscape and other public improvements, including tree planting, street furniture, and lighting and adherence to all relevant regulations, plans and guidelines;

• (F) Circulation, including streets, alleys and mid-block pedestrian pathways.

(2) For review of projects that include space for Retail Sales and Service uses as defined in Code Section 102 of 10,000 gross square feet or more, the Planning Commission shall consider the criteria in Section 121.2(a)(1)-(3).

(3) Other changes necessary to bring a project into conformance with the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan, approved by the Board of Supervisors on July 12, 2011, the Executive Park Design Guidelines, approved by the Planning Commission by Resolution No. 18352 and incorporated by this reference into this Section, and other elements and area plans of the General Plan. If the project sponsor opposes project modifications and conditions recommended by the Director of Planning pursuant to the design review, the Director shall prepare a report of

recommended modifications which shall be presented to the Planning Commission for a hearing pursuant to Subsection

(c) and which shall be available to the public upon mail notification of said hearing.

• (b) Exceptions.

• (1) Exceptions to the following provisions of this Code may be granted as provided for below:

• (A) Reductions in the dwelling unit exposure requirements of Section 140.

• (B) Modification from dimension and exposure requirements for site open space requirements.

(C) Reduction of required on-site residential open space of 36 square feet per unit described in Section 249.54 to create additional off-site publicly-accessible open space and superior building design.

(D) Design, location, and size of publicly-accessible open space as allowed by Section 249.53 and equivalence of proposed publicly-accessible open space in size and quality with required on-site open space.

(E) Minor deviations from the provisions for measurement of height in Section 260 of the Code as otherwise provided in Section 304(d)(6), in cases where the Planning Commission finds that such minor measurement modification is necessary for a project of outstanding overall design, complementary to the design of the surrounding area, and necessary to meet the intent and policies of the relevant area plan of the General Plan.

(c) Hearing and Determination on Design Modifications and Applications for Exceptions. The provisions and procedures in Section 309.1(c) shall apply with the following modifications:

(1) Hearing. The Planning Commission shall hold a public hearing for all projects involving new construction and projects involving the establishment of retail uses of 10,000 gross square feet or more.

(2) Notice of Hearing. Notice of such hearings shall follow all notice and posting provisions for Hearings for Conditional Use authorizations for properties within NC Districts.

(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Director of Planning shall review for the Commission key urban design issues related to the project based on the design review pursuant to Subsection (a) and recommend to the Commission modifications to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (b).

(4) Decision and Imposition of Conditions. If pursuant to the provisions of Section 309.1(c), the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or an application for exceptions to conform the building to the standards and intent of the Executive Park Subarea Plan and other elements of the General Plan and the applicant agrees to comply, the Commission may approve the application subject to those conditions.

(Added by Ord. 144-11, File No. 110625, App. 7/18/2011, Eff. 8/17/2011; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a)(2) and (a)(3) amended; Ord. 56-13 , Eff. 4/27/2013. Division (a)(2) amended; Ord. 22-15, Eff. 3/22/2015. SEC. 310. [REPEALED.]

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

SEC. 311. PERMIT REVIEW PROCEDURES.

(See Interpretations related to this Section.)

(a) Purpose. The purpose of this Section 311 is to establish procedures for reviewing Development Applications to determine compatibility of the proposal with the neighborhood and for providing notice to property owners, tenants, and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. For purposes of this Section 311 , a Development Application means the application submitted by a project sponsor to the Planning Department, provided

said application has been deemed complete by the Planning Department, that includes the information necessary to conduct environmental review, determine Planning Code compliance, and assess conformity with the General Plan.

(b) Applicability.

(1) Within the Priority Equity Geographies SUD, all Development Applications in Residential, NC, NCT, RTO, Chinatown Mixed Use Districts, and Eastern Neighborhoods Mixed Use Districts for demolition, new construction, or alteration of buildings shall be subject to the notification and review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, Development Applications to construct an Accessory Dwelling Unit pursuant to Section 207.2 shall not be subject to the notification or review requirements of this Section 311. A change of use to a principally permitted use in the Western SoMa Plan Area, Central SoMa Plan Area, or East SoMa Plan Area shall not be subject to the provisions of this Section 311.

(2) Within the Family Housing Opportunity Special Use District. In RH zoning districts within the Family Housing Opportunity SUD, projects that do not meet the eligibility criteria in subsection (c) of Section 249.94 are subject to the controls in subsection (b)(3).

(3) In all Other Projects in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts. All Development Applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts that propose any of the following shall be subject to the notification and review procedures required by this Section 311.

(A) Any vertical alteration, unless at least one new unit is being added.

(B) Any alteration to a building containing only one Dwelling Unit that both increases the GFA of the existing building by at least 25%, and results in the building having GFA greater than 3,000 square feet.

(C) Any demolition or new construction that does not result in the addition of at least one new unit.

(4) Alterations. For the purposes of this Section 311, an alteration shall be defined as an increase to the exterior dimensions of a building except those features listed in Section 136(c)(1) through 136(c)(26), regardless of whether the feature is located in a required setback.

(c) Development Application Review for Compliance. Upon acceptance of any Development Application subject to this Section 311, the Planning Department shall review the proposed project for compliance with the Planning Code and any applicable design guidelines, and standards approved by the Planning Commission. Applications determined to comply with the Objective Standards of Articles 1.2, 1.5, 2, and 2.5 of the Planning Code, and any applicable Objective Standards adopted by the Commission shall be considered to be code-compliant. Development Applications for projects other than code-compliant residential projects may be subject to additional controls, including the Residential Design Guidelines, design guidelines for specific areas adopted by the Planning Commission, or any applicable conditions of previous approvals regarding the project.

ctive Standards adopted by the Commission shall be considered to be code-compliant. Development Applications for projects other than code-compliant residential projects may be subject to additional controls, including the Residential Design Guidelines, design guidelines for specific areas adopted by the Planning Commission, or any applicable conditions of previous approvals regarding the project.

(1) Design Guidelines and Standards. The construction of new buildings and alteration of existing buildings shall be consistent with the design policies and guidelines of the General Plan, applicable Objective Standards, the “Residential Design Guidelines,” and all other applicable design guidelines and standards as adopted and periodically amended for specific areas or conditions by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing building in order to bring it into conformity with the applicable design guidelines. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.

(2) Removal of Residential Units. When removal or elimination of a Residential Unit or Unauthorized Unit, as defined in Sections 102 and 317 of this Code, is proposed, the Applicant shall provide notice as required in this Section 311, and as required by Section 317.2, and such notice shall include contact information for the appropriate City agency or resource for assistance in securing tenant counseling or legal services, as applicable. The Applicant shall post a notice of the application at least 30 inches by 30 inches in a conspicuous common area of the sub ject property, and such sign shall be posted no later than the start date of the notification period required by this Section 311 and shall remain posted until the conclusion of any hearings on the permit before the Planning Commission, the Zoning Administrator, the Board of

Supervisors or the Board of Appeals. The Zoning Administrator shall determine any additional notification procedures to be applied in such a case.

(3) Replacement Structure Required. Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code, an application authorizing a project that will require the demolition of one or more Residential or Unauthorized Units and/or the demolition of an historic or architecturally important building, shall be conditioned upon the City granting final approval of a building permit for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval 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. Approval of the replacement structure shall comply with Section 317.2, as applicable.

t for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval 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. Approval of the replacement structure shall comply with Section 317.2, as applicable.

(4) Buildings Posing a Safety Hazard. The demolition of any building, including but not limited to historically and architecturally important buildings, may be approved administratively when the Director of the Department of Building Inspection, the Chief of the Bureau of Fire Prevention and Investigation, or the Director of Public Works determines, after consultation with the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public safety. Nothing in this subsection (c)(4) shall relieve a project sponsor from complying with Section 317.2, as applicable. The Zoning Administer may modify the timing of compliance with Section 317.2, as necessary, for demolitions approved under this subsection (c)(4).

(d) Notification. Upon determination that an application complies with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. The notice shall describe the project review process and shall set forth the mailing date of the notice and the expiration date of the notification period.

(1) Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as described in subsection 311(d)(4), all individuals having made a written request for notification for a specific parcel or parcels and all owners and, to the extent practical, occupants, of properties in the notifica- tion area. For the purposes of Section 311(c)(2), written notice shall also be mailed to tenants of the subject property in unauthorized residential units.

(2) The notification area shall be all properties within 150 feet of the subject lot in the same Assessor’s Block and on the block face across from the subject lot. When the subject lot is a corner lot, the notification area shall further include all property on both block faces across from the subject lot, and the corner property diagonally across the street.

(3) The latest City-wide Assessor’s roll for names and addresses of owners shall be used for said notice.

(4) The Planning Department shall maintain a list, available for public review, of neighborhood organizations that have indicated in writing an interest in specific properties or areas. Such organizations shall be included in the notification group for the proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection, the proposed project must be re-noticed.

(5) Notification Period. All Development Applications shall be held for a period of 30 calendar days from the date of the mailed notice to allow review by residents and owners of neighboring properties and by neighborhood groups.

(6) Elimination of Duplicate Notice. The notice provisions of this Section 311 may be waived by the Zoning Administrator for Development Applications for projects that have been, or before approval will be, the subject of a duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the Development Application is required is both substantially included in the hearing notice and is the subject of the hearing.

(7) Notification Package. The notification package for a project subject to notice under this Section 311 shall include a written notice and reduced-size drawings of the project. Distributed plans and drawings may be limited to

comply with applicable state laws.

(A) The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard depth, side setbacks, building height, num- ber of stories, dwelling unit count and use of the building.

(B) The written notice shall describe whether the project is a demolition, new construction or alteration project. If the project is an alteration, the type of alteration shall be described: horizontal, vertical or both horizontal and vertical additions and where the alteration is located.

(C) Written project description shall be part of the notice. In addition, the notice shall describe the project review process, information on how to obtain additional information and the contact information of the Planning Department.

(D) The Development Application number(s) shall be disclosed in the written notice. The start and expiration dates of the notice shall be stated. A description about the recipient’s rights to request additional information, to request Discretionary Review by the Planning Commission and to appeal to other boards or commissions shall be provided.

(E) 11x17 sized or equivalent draw- ings to scale shall be included with the Section 311 written notice. The drawings shall illustrate the existing and proposed conditions in relationship to the adjacent properties. All dimensions and text throughout the drawings shall be legible. The drawings shall include a site plan, floor plans and elevations documenting dimensional changes that correspond to the basic features included in the written notice.

(F) The existing and proposed site plan shall illustrate the project including the full lots and structures of the directly adjacent properties.

(G) The existing and proposed floor plans shall illustrate the location and removal of interior and exterior walls. The use of each room shall be labeled. Significant dimensions shall be provided to document the change proposed by the project.

(H) The existing and proposed elevations shall document the change in building volume: height and depth. Dimensional changes shall be documented, including overall building height and also parapets, penthouses and other proposed vertical and horizontal building extensions. The front and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures’ doors, windows and general massing. Each side elevation shall include the full profile of the adjacent building in the foreground of the project, and the adjacent windows, lightwells and general massing shall be illustrated.

(8) Language Access.

(A) All forms of public notice provided pursuant to this Section 311 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.

(B) The notices required by this Section 311 shall contain the information set forth in Section 311(d)(7)(A)-(D) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.

(9) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:

(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the contents set forth in subsection 311(d)(7) for the hearing or application; and

(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed

conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.

(e) Requests for Planning Commission Review. A request for the Planning Commission to exercise its discretionary review powers over a specific Development Application shall be considered by the Planning Commission if received by the Planning Department no later than 5:00 p.m. of the last day of the notification period as described in this Section 311, subject to guidelines adopted by the Planning Commission. The project sponsor of a Development Application may request discretionary review by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with the Residential Design Guidelines, or other applicable design guideline or standard.

(1) Scheduling of Hearing. The Zoning Administrator shall set a time for hearing re- quests for discretionary review by the Planning Commission within a reasonable period.

(2) Notice. Mailed notice of the discretionary review hearing by the Planning Commis- sion shall be given pursuant to the requirements of Section 333 of this Code.

(Added by Ord. 46-96, App. 2/2/96; amended by Ord. 279-00, File No. 001423, App. 12/15/2000; Ord. 234-05, File No. 050456, App. 9/30/2005; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; 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. 43-14 , File No. 131148, App. 4/17/2014, Eff. 5/17/2014; Ord. 208-15 , File No. 150587, App. 12/9/2015, Eff. 1/8/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018, Oper. 1/1/2019; Ord. 312-18, File No. 181031, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 234-21, File No. 210452, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 53-24, File No. 231258, App. 3/22/2024, Eff. 4/22/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

Divisions (c)(1), (c)(2), and (c)(5) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and (b)(2) amended; Ord. 43-14 , Eff. 5/17/2014. Divisions (a), (b), and (c)(2) amended; division (g) added; Ord. 208-15 , Eff. 1/8/2016. Division (f) amended; Ord. 166-16 , Eff. 9/10/2016. Divisions (b)(1) and (b)(2) amended; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), (c), and (c)(1) amended; divisions (b)(1)-(b)(1)(B), (b)(3), (c)(2)- (c)(3)(A), and (d)(8)-(d)(9)(B) added; divisions (b) (1), (c)(2)-(c)(5)(H), and (d)-(d)(2) redesignated as (b)(2), (d)-(d)(7)(H), and (e)-(e)(2), respectively; former divisions (b) (2) and (e)-(g)(4) deleted; Ord. 179-18, Oper. 1/1/2019. Divisions (b)(1)(A)(i)-(ii) added; Ord. 199-18, Oper. 1/1/2019. Divisions (b)(1)(A)-(b)(1)(A)(ii) amended; Ord. 312-18, Eff. 1/21/2019. Divisions (a) and (b) amended; Ord. 116-19, Eff. 7/29/2019. Division (b) amended; Ord. 206-19, Eff. 10/14/2019. Divisions (b), (b)(1)(B), and (d)(7)(A) amended; Ord. 6320, Eff. 5/25/2020. Divisions (b) and (b)(1) amended; division (b)(1)(A)(iii) added; Ord. 71-20, Eff. 6/1/2020. Divisions (b) and (b)(1)(A) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Division (b)(1)(A)(ii) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (b)(1) and (b)(1)(A) amended; Ord. 233-21, Eff. 1/22/2022. Divisions (b) and (b)(1) amended; Ord. 234-21, Eff. 1/22/2022. Divisions (b)(1) and (b)(1)(A) amended; Ord. 37-22, Eff. 4/14/2022. Division (b) amended; Ord. 190-22, Eff. 10/17/2022. Division (b)(1)(C) added; Ord. 70-23, Eff. 6/3/2023. Divisions (b)(1)-(b)(1)(B) and (b)(3) deleted; former divisions (b) and (b)(2) redesignated and amended as (b)-(b)(1) and (b)(4); new divisions (b)(2)-(b)(3)(C) added; Ord. 248-23, Eff. 1/14/2024. Division (b)(1)(C) redesignated as (b)(1)(B); Ord. 249-23, Eff. 1/14/2024. Divisions (a), (b)(1), (b)(3), (b)(3)(B), (c), (c)(3), (d)(5)-(6), (d)(7)(D), and (e) amended; Ord. 53-24, Eff. 4/22/2024. Division (b)(1) amended; Ord. 62-24, Eff. 4/28/2024. Divisions (b)(1)-(b)(1)(B) combined as (b)(1); divisions (d) and (d)(7) amended;

Ord. 297-24, Eff. 1/19/2025. Divisions (a), (b)(1), (b)(3), (c), (c)(1), (d), (d)(5)-(6), (d)(7)(D), and (e) amended; Ord. 24525, Eff. 1/12/2026. Divisions (c), (c)(2), and (c)(3) amended; division (c)(3)(A) redesignated as (c)(4) and amended; Ord. 3-26, Eff. 2/8/2026.

Editor’s Note:

Both Ord. No. 248-23 and Ord. No. 249-23 amended the text of Section 311. The text of Ord. No. 248-23 controls, as it includes the change effected by the text of Ord. No. 249-23.

SEC. 312. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 279-00, File No. 001423, App. 12/15/2000; amended by Ord. 209-03, File No. 030351, App. 6/6/2003; Ord. 258-04, File No. 040365, App. 10/28/2004; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; 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; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 208-15 , File No. 150587, App. 12/9/2015, Eff. 1/8/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

SEC. 313. PDR-1-B (LIGHT INDUSTRIAL BUFFER), PRE-APPLICATION MEETING.

(a) Purpose. In order to address neighborhood concerns about the potential effects of proposed projects early in the design process and to reduce the number of discretionary review hearing requests filed a pre-application meeting shall be required for certain projects within the PDR-1-B (Light Industrial Buffer) District.

(b) Applicability. Prior to filing an application for new construction, demolition, or removal of 5,000 square feet or more on any parcel zoned all or in part PDR-1-B, a project sponsor shall conduct a minimum of one pre-application meeting. The Planning Department shall not accept an application for such a project without information demonstrating that at least one pre-application meeting conforming to the requirements of this section has been held.

(c) Requirements. In addition to the requirements set forth here, the Planning Department may establish additional reasonable procedures and requirements to administer this section. A pre-application meeting shall meet the following requirements:

(1) Invitations. At least 14 calendar days before the pre-application meeting, the project sponsor shall invite by mail:

(A) Relevant neighborhood associations for the neighborhood(s) in which the proposed project is located. If the proposed project is on the border of two or more neighborhoods, all neighborhood organizations for the bordering neighborhoods shall be invited. The Planning Department shall maintain a list of neighborhood associations for each neighborhood and provide that list to project sponsors; and

(B) Property owners and occupants within a 300 foot radius of the proposed project site, including any occupants of the subject property.

(2) Location. The Pre-Application Meeting shall be conducted at:

• (A) The project site;

• (B) An alternate location within a one-mile radius of the project site; or

• (C) The Planning Department.

(3) Information. At the pre-application meeting(s), the project sponsor, or his or her designee, shall describe the proposed project, respond to questions to the best of the sponsor's ability, and solicit comments from the attendees with the

goal of addressing, to the extent feasible, neighborhood concerns regarding the proposed project prior to filing an application with the Planning Department.

(Added by Ord. 110-13 , File No. 130180, App. 6/21/2013, Eff. 7/21/2013) (Former Sec. 313 added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) [Jobs-Housing Linkage Program]

Editor's Note:

The Jobs-Housing Linkage Program, formerly codified at Secs. 313 et seq., was substantially amended and redesignated as Secs. 413 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.

SEC. 313.1. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 313.2. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.3. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.4. [REDESIGNATED.]

(See Interpretations related to this Section.)

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.4 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 313.5. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 227-01, File No. 011102, App. 11/21/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.5 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.6. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Secs. 413.6 and 413.7 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.7. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.8 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 313.8. [REPEALED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.9. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/21/2003; redesignated as Sec. 413.9 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.10. [REPEALED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.11. [REPEALED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 10810, File No. 091275, App. 5/25/2010)

SEC. 313.12. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 232-08, File No. 080521, App. 10/30/2008; redesignated as Sec. 413.10 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 313.13. [REDESIGNATED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.11 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 313.14. [REPEALED.]

(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 10810, File No. 091275, App. 5/25/2010)

SEC. 313.15. [REPEALED.]

(Added by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314. REVIEW OF RESIDENTIAL, HOTEL, AND MOTEL PROJECTS.

In addition to any other factors appropriate for consideration under the Planning Code, the Planning Department and Planning Commission shall consider the compatibility of uses when approving Residential Uses, Hotel Uses, or Motel Uses, as those terms are defined in Chapter 116 of the Administrative Code, adjacent to or near existing permitted Places of Entertainment and shall take all reasonably available means through the City’s design review and approval processes to ensure that the design of such new residential, hotel, or motel project takes into account the needs and interests of both the Places of Entertainment and the future residents or guests of the new development. Such considerations may include, among others:

(a) the proposed project's consistency with applicable design guidelines;

(b) any proceedings held by the Entertainment Commission relating to the proposed project, including but not limited to any acoustical data provided to the Entertainment Commission, pursuant to Administrative Code Section 116.6; and

(c) any comments and recommendations provided to the Planning Department by the Entertainment Commission regarding noise issues related to the project pursuant to Administrative Code Section 116.7.

(Added by Ord. 70-15 , File No. 141298, App. 5/21/2014, Eff. 6/20/2014; amended by Ord. 47-17, File No. 161064, App. 3/10/2017, Eff. 4/9/2017)

(Former Sec. 314 added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

AMENDMENT HISTORY

Introductory paragraph and division (b) amended; Ord. 47-17, Eff. 4/9/2017.

[CHILD-CARE REQUIREMENTS FOR OFFICE AND HOTEL DEVELOPMENT PROJECTS]

Editor's Note:

Material relating to Child-care Requirements for Office and Hotel Development Projects, formerly codified at Secs. 314 et seq., was substantially amended and redesignated as Secs. 414 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.

SEC. 314.1. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 22-00, File No. 991877, App. 2/18/2000; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.2 and amended by Ord. 108-10, File No.

091275, App. 5/25/2010)

SEC. 314.2. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.3. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.4. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 409-87, App. 10/9/87; Ord. 22-00, File No. 991877, App. 2/18/2000; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Secs. 414.4 - 414.13 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.5. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 409-87, App. 10/9/87; Ord. 263-98, App. 8/21/98; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.14 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.6. [REPEALED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.7. [REPEALED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 314.8. [REDESIGNATED.]

(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.15 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315. STREAMLINED AUTHORIZATION OF AFFORDABLE HOUSING AND EDUCATOR HOUSING PROJECTS.

(See Interpretations related to this Section.)

(a) Purpose. The purpose of this Section 315 is to ensure that any project where the principal use is affordable housing, defined in subsection (b) as an Affordable Housing Project, is reviewed in coordination with relevant priority processing and design guidelines.

(b) Applicability. Notwithstanding anything to the contrary contained in this Planning Code, this Section 315 shall apply to any project where the principal use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093 (an “Affordable Housing Project”). The Affordable Housing Project shall be considered a principally permitted use and shall comply with the administrative review procedures set forth in this Section and shall not require conditional use authorization or a Planning Commission hearing that otherwise may be required by the Planning Code, provided that the site is not under the jurisdiction of the Recreation and Park Department, is not located in a zoning district that prohibits residential uses.

(1) If a conditional use authorization or other Planning Commission approval is required for provision of parking, where the amount of parking provided exceeds the base amount permitted as accessory in Planning Code Article 1.5, such requirement shall apply.

(2) If an Affordable Housing Project proposes demolition or change in use of a general grocery store or movie theatre, this Section shall not apply.

(3) If a non-residential use contained in any proposed project would require conditional use authorization, such requirement shall apply unless the non-residential use is accessory to and supportive of the affordable housing on-site. (c) Review Process.

(1) In lieu of any otherwise required Planning Commission authorization and associated hearing, the Planning Department shall administratively review and evaluate the physical aspects of an Affordable Housing Project and review such projects in coordination with relevant priority processing and expedited design guidelines. The review of an Affordable Housing Project shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations, and no additional application fee shall be required. An Affordable Housing Project may seek exceptions to Planning Code requirements that are available through the Planning Code. This includes, but is not limited to, those exceptions permitted through Sections 253, 303, 304, 309, and 329. The Planning Department may grant such exceptions if it makes the findings as required in subsection (c)(2). An Affordable Housing Project may seek exceptions from other Code requirements that could otherwise be granted to a Planned Unit Development as set forth in Section 304, irrespective of the zoning district in which the property is located and irrespective of lot size requirements set forth in Section 304, and provided further that conditional use authorization shall not be required.

ction (c)(2). An Affordable Housing Project may seek exceptions from other Code requirements that could otherwise be granted to a Planned Unit Development as set forth in Section 304, irrespective of the zoning district in which the property is located and irrespective of lot size requirements set forth in Section 304, and provided further that conditional use authorization shall not be required.

100 Percent Affordable Housing Bonus Projects seeking density bonuses, zoning modifications, or Planning Code exceptions pursuant to Section 206.4 of this Code shall be subject to the provisions and review process pursuant to Section 315.1 of this Code.

(2) This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by the Planning Code, including but not limited to Sections 253, 303, 304, 309 or 329, but shall not be considered a conditional use authorization. If an Affordable Housing Project would otherwise be subject to such Planning Code provisions, the Planning Department shall consider all the criteria set forth in such Planning Code sections and shall make all required findings in writing when it approves, modifies, conditions, or disapproves an Affordable Housing Project. If the project is seeking exceptions solely as provided in this Section 315, the Department shall only make those required findings set forth in Section 303(c) of this Code.

(3) Decision and Imposition of Conditions. The Planning Department, after making appropriate findings, may approve, disapprove or approve subject to conditions the Affordable Housing Project and any associated requests for exceptions as part of a related building permit application or other required project authorizations. As part of its review and decision, the Planning Department may impose additional conditions, requirements, modifications, and limitations on a proposed Affordable Housing Project in order to achieve the objectives, policies, and intent of the General Plan or the Planning Code. Such determination shall be made in writing and mailed to the project sponsor and individuals or organizations who so request.

(4) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Department shall require approval by the Planning Director subject to the procedures set forth in this Section 315.

(5) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of an Affordable Housing Project that is subject to this Section 315.

(6) Review under this subsection (c) shall be completed as follows:

(A) Within 90 day1 of submittal of a complete development application if the project contains 150 or fewer Residential Units.

(B) Within 180 days of submittal of a complete development application if the project contains more than 150 Residential Units.

(d) Appeals. The Planning Department’s administrative determination regarding an Affordable Housing Project pursuant to this Section 315 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.

(e) Streamlined Provisions for Educator Housing Projects. The purpose of this Section 315(e) is to facilitate the construction of Educator Housing Projects, as defined in Section 206.9, and to evaluate the efficacy of streamlined approval for such projects.

• (1) This Section 315 shall also apply to Educator Housing Projects, as defined in Section 206.9.

(2) The Planning Department may approve up to a total of 500 units of Educator Housing under this Section, after which the Planning Department shall submit a report to the Board of Supervisors that evaluates the efficacy of streamlined approval for Educator Housing as it relates to City policies and goals including, but not limited to Proposition K (November 2014), the Housing Element of the San Francisco General Plan, and the Surplus Land Ordinance, and reviews whether to increase the numerical cap on the number of Educator Housing Project units or otherwise amend the modifications and requirements in Section 206.9. The report shall include, but shall not be limited to, the following information:

• (A) Financing details of Educator Housing Projects, including the amount of public subsidy, if any;

• (B) Tenant recruitment and leasing outreach plans for non-residential neighborhood-serving uses;

• (C) Eligibility and placement plans for Educator Housing Projects constructed in partnership with the San Francisco Unified School District or the San Francisco City College District;

• (D) The number of educators/employees who have applied for housing in an Educator Housing Project;

• (E) Area Median Incomes for Educator Housing Projects; and

• (F) Plans for monitoring and verifying eligibility on an annual basis.

(Added by Ord. 7-16 , File No. 150914, App. 2/10/2016, Eff. 3/11/2016; amended by Ord. 179-18, File No. 180423, App.

• 7/27/2018, Eff. 8/27/2018; Proposition E, 11/5/2019, Eff. 12/20/2019)

(Former Sec. 315 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App.

5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

AMENDMENT HISTORY

Divisions (c)(1)-(3) and (c)(5) amended; division (d) added; Ord. 179-18, Eff. 8/27/2018. Section heading amended; divisions (b) and (c)(1) amended; divisions (c)(6)-(c)(6)(B) and (e)-(e)(2)(F) added; Proposition E, Eff. 12/20/2019. CODIFICATION NOTE

1. So in Proposition E, 11/5/2019.

SEC. 315.1. 100 PERCENT AFFORDABLE HOUSING BONUS PROJECT AUTHORIZATION.

(a) Purpose. The purpose of this Section 315.1 is to ensure that all 100 Percent Affordable Housing Bonus projects pursuant to Planning Code Section 206.4 are reviewed in coordination with Priority Processing available for certain projects with 100% affordable housing. While most projects in the 100 Percent Affordable Housing Bonus Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Director and Department shall review each project for consistency with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.

(b) Applicability. This Section 315.1 applies to all 100 Percent Affordable Housing Bonus Projects that meet the requirements described in Section 206.4.

(c) Design Review. The Planning Department shall review and evaluate all physical aspects of a 100 Percent Affordable Housing Bonus Project as follows.

(1) The Planning Director may, consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines, make minor modifications to a project to reduce the impacts of a 100 Percent Affordable Housing Bonus Project on surrounding buildings. The Planning Director may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys in order to ensure that these streets do not

become overshadowed, including potential upper story setbacks, and special consideration for the southern side of EastWest streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.

(2) As set forth in subsection (d), the Planning Director may also grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail.

(3) The Planning Director may require these or other modifications or conditions in order to achieve the objectives and policies of the Affordable Housing Bonus Program or the purposes of this Code. This review shall be limited to design issues including the following;

(A) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines.

(B) whether building design elements including, but not limited to, architectural treatments, facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines.

(C) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.

(D) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines.

(d) Exceptions. As a component of the review process under this Section 315.1, the Planning Director may grant minor exceptions to the provisions of this Code as provided below, in addition to the development bonuses granted to the project in Section 206.4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Director finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4, and the project, with the modifications and exceptions, is consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include:

• (1) Exception from residential usable open space requirements per Section 135, or any applicable special use district.

• (2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district.

• (3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district.

• (4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district.

• (5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district.

(6) Where not specified elsewhere in this subsection (d), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located, and without requiring conditional use authorization.

(e) Required Findings. In reviewing any project pursuant to this Section 315.1, the Planning Director shall make the following findings:

• (1) the use complies with the applicable provisions of this Code and is consistent with the General Plan;

• (2) the use provides development that is in conformity with the stated purpose of the applicable Use District; and,

• (3) the use contributes to the City’s affordable housing goals as stated in the General Plan.

• (4) If a 100 Percent Affordable Housing Bonus Project otherwise would require a conditional use authorization due

only to (1) a specific land use or (2) a use size limit, the Planning Director shall make all findings and consider all criteria required by this Code for such use or use size as part of this 100 Percent Affordable Housing Bonus Project Authorization and no conditional use authorization shall be required.

(f) Decision and Imposition of Conditions. The Planning Director may authorize, disapprove or approve subject to conditions, the project and any associated requests for exceptions and shall make appropriate findings. The Director may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code. This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by Section 206.4 of the Planning Code. (g) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of a 100 Percent Affordable Housing Bonus project that is subject to this Section.

(h) Appeals. The Planning Director’s administrative determination regarding a 100 Percent Affordable Housing Bonus Project pursuant to this Section 315.1 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.

(Added by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; also shown as an addition in Ord. 198-18, File

No. 180456)

(Former Sec. 315.1 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 29808, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

[INCLUSIONARY AFFORDABLE HOUSING PROGRAM]

Editor's Note:

The Inclusionary Affordable Housing Program, formerly codified at Secs. 315 et seq., was substantially amended and redesignated as Secs. 415 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010. SEC. 315.2. [REDESIGNATED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 315.3. [REDESIGNATED.]

(See Interpretations related to this Section.)

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315.4. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 126-08, File No. 080736, App. 7/21/2008; Ord. 23208, File No. 080521, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315.5. [REDESIGNATED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 198-08, File No. 080292; Ord. 232-08, File No. 080521, App. 10/30/2008; redesignated as Sec. 415.6 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 315.6. [REDESIGNATED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 6309, File No. 081249, App. 4/23/2009; redesignated as Sec. 415.7 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315.7. [REDESIGNATED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.8 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315.8. [REDESIGNATED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.9 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 315.9. [REPEALED.]

(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 316. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; 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. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 316.1. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 316.2. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 42-89, App. 2/8/89; Ord. 115-90, App. 4/6/90; Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 316.3. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 316.4. [REPEALED.]

(Added as Sec. 316.6 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) (Former Sec. 316.4 repealed by Ord. 104-07, File No. 070327, App. 5/8/2007)

SEC. 316.5. [REPEALED.]

(Added as Sec. 316.7 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) (Former Sec. 316.5 repealed by Ord. 104-07, File No. 070327, App. 5/8/2007)

SEC. 316.6. [REPEALED.]

(Added as Sec. 316.8 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) (Former Sec. 316.6 redesignated as Sec. 316.4 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007

SEC. 316.7. [REDESIGNATED.]

(Former Sec. 316.7 redesignated as Sec. 316.5 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007)

SEC. 316.8. [REDESIGNATED.]

(Former Sec. 316.8 redesignated as Sec. 316.6 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007)

SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION.

(a) Findings. San Francisco faces a continuing shortage of affordable housing. There is a high ratio of rental to ownership tenure among the City’s residents. The General Plan recognizes that existing housing is the greatest stock of rental and financially accessible residential units, and is a resource in need of protection. Therefore, a public hearing will be held prior to approval of any Development Application that would allow removal of existing housing, reduce the size of a Residential Flat, merge any portion of a Residential Flat with another unit, or change the configuration of a Residential Flat such that the unit is no longer considered a Residential Flat, with certain exceptions, as described below. The Planning Commission has developed a Code Implementation Document setting forth procedures and regulations for the implementation of this Section 317 as provided further below. The Zoning Administrator shall modify economic criteria related to property values and construction costs in the Implementation Document as warranted by changing economic conditions to meet the intent of this Section.

(b) Definitions. For the purposes of this Section 317, the terms below shall be as defined below. The Planning Department shall use these definitions when implementing state laws that use similar terms if state law does not define such terms. Capitalized terms not defined below are defined in Section 102 of this Code.

(1) "Residential Conversion" shall mean the removal of cooking facilities, change of occupancy (as defined and regulated by the Building Code), or change of use (as defined and regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a Non-Residential or Student Housing use.

• (2) "Residential Demolition" shall mean any of the following:

(A) Any work on a Residential Building for which the Department of Building Inspection determines that an application for a demolition permit is required, or

(B) A major alteration of a Residential Building that proposes the Removal of 50% or more of the sum of the combined Front Facade and Rear Facade and 50% or more of the Horizontal Elements of the existing building, as measured in square feet of actual surface area.

• (3) "Façade" is defined in Section 102 of this Code.

• (4) "Front Façade" is defined in Section 102 of this Code.

• (5) "Horizontal Elements" shall mean all roof areas and all floor plates, except floor plates at or below grade.

• (6) "Mandatory Discretionary Review" is defined in Section 102 of this Code.

• (7) “Residential Merger” shall mean the combining of two or more Residential or Unauthorized Units, including the creation of an open connection between Units, resulting in a decrease in the number of Residential Units and

Unauthorized Units within a building, or the enlargement of one or more existing units while reducing the size of others by more than 25% of their original floor area, even if the number of units is not reduced. Residential Merger shall also

include the reconfiguration of a Residential Flat with another Dwelling Unit, if the proposed project would reconfigure an existing Residential Flat such that the reconfigured Residential Flat would no longer meet the definition of a Residential Flat, even if the number of Dwelling Units is not reduced and the Residential Flat is not reduced in size.

• (8) "Rear Façade" is defined in Section 102 of this Code.

(9) “Removal” shall mean, with reference to a wall, roof or floor structure, its dismantling, its relocation or its alteration of the exterior function by construction of a new building element exterior to it. The infill of an existing exterior opening shall be considered a demolition. Where a portion of an exterior wall is removed, any remaining wall above or below that new opening with a height less than the Building Code requirement for legal head room shall be considered demolished. Removal and replacement of exterior elements for repair or maintenance pursuant to a Department of Building Inspection Corrections Notice shall not be considered Removal for purposes of this Section 317, provided the replacement uses like materials and does not increase the extent of the removed element or increase the volume of the building. The foregoing does not supersede any requirements for or restrictions on noncomplying structures and their reconstruction as governed by Article 1.7 of this Code. Where an entire building is moved to another location, it shall not be considered Removal for the purposes of this Section. The elevation of an entire building, regardless of height, shall be considered Removal of Horizontal Elements for the purposes of this Section 317.

• (10) "Removal" shall mean, with reference to a Residential or Unauthorized Unit, its Conversion, Demolition, or Merger.

• (11) "Residential Building" is defined in Section 102 of this Code.

• (12) "Residential Unit" shall mean a legal conforming or legal nonconforming Dwelling Unit, a legal nonconforming Live/Work Unit or Group Housing.

(13) "Unauthorized Unit" shall mean one or more rooms within a building that have been used, without the benefit of a building permit, as a separate and distinct living or sleeping space independent from Residential Units on the same property. "Independent" shall mean that (i) the space has independent access that does not require entering a Residential Unit on the property and (ii) there is no open, visual connection to a Residential Unit on the property.

• (c) Applicability; Exemptions.

(1) Within the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units is required to obtain Conditional Use authorization.

(2) Outside the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units is required to obtain Conditional Use authorization unless it meets all the following criteria:

(A) The project sponsor certifies under penalty of perjury that any units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code Sections 37.9(a)(8)-(12), (14), or (17) within the last ten years, and have not been vacated within the past ten years pursuant to a Buyout Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9E(h);

• (B) No units would be removed or demolished that are:

• (i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower- or very low-income within the past ten years; or

• (ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past ten years; or

• (iii) rented by lower- or very low-income households within the past ten years;

• (C) The building proposed for demolition is not an Historic Building as defined in Section 102, and further

provided that if the building proposed for demolition was built before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102;

• (D) The proposed project is adding at least one more Residential Unit than would be demolished;

(E) The proposed project complies with the requirements of Section 317.2; and

(F) The project sponsor has conducted one meeting prior to or within 20 days of filing a Development Application..2 The Planning Department shall not determine a Development Application to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c) (2)(F) and any additional procedures the Planning Department may establish. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C), as well as posted notice as set forth in Planning Code Section 333(e)(1).

(3) If the proposed project is located in a Residential, House (RH) zoning district within the Family Housing Opportunity Special Use District (Section 249.94), the requirements of Section 249.94 shall control.

(4) For Unauthorized Units, this Conditional Use authorization will not be required for Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized under any applicable provision of this Code. The application for a replacement building or alteration permit shall also be subject to Conditional Use requirements.

(5) The Conditional Use requirement of subsubsections1 (c)(1) and (c)(2) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after March 1, 2016, and (B) any permit issued for Removal of an Unauthorized Unit prior to March 1, 2016 that has been suspended by the City or in which the applicant’s rights have not vested.

(6) The Removal of a Residential Unit that has received approval from the Planning Department through administrative approval or the Planning Commission through a Discretionary Review or Conditional Use authorization prior to the effective date of the Conditional Use requirement of subsections (c)(1) or (c)(2) is not required to apply for an additional approval under this Section 317.

(7) Exemptions for Unauthorized Dwelling Units. The Removal of an Unauthorized Unit does not require a Conditional Use authorization pursuant to subsections (c)(1) or (c)(2) if:

(A) the Unauthorized Unit requires a waiver of open space or dwelling unit exposure requirements, and the Unauthorized Unit is ineligible for a waiver or exemption from those standards pursuant to Section 307, Section 207.1 (Accessory Dwelling Units - Local Program), Section 207.2 (Accessory Dwelling Units - State Mandated Program), or Section 207.3 (Dwelling Unit Legalization Program); or

(B) the Unauthorized Unit has no contiguous area that meets both the required minimum superficial floor area in Housing Code Section 503(b) and the minimum legal floor-to-ceiling height requirement in Housing Code Section 503(a). (8) Exemptions for Single-Family Residential Buildings. The Demolition of a Single-Family Residential Building that meets the requirements of subsubsection1 (d)(3) below may be approved by the Department without requiring a Conditional Use authorization pursuant to in1 subsection (c)(1) or (c)(2).

503(b) and the minimum legal floor-to-ceiling height requirement in Housing Code Section 503(a). (8) Exemptions for Single-Family Residential Buildings. The Demolition of a Single-Family Residential Building that meets the requirements of subsubsection1 (d)(3) below may be approved by the Department without requiring a Conditional Use authorization pursuant to in1 subsection (c)(1) or (c)(2).

(9) Exception for Certain Permits Filed Before February 11, 2020. An application to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1(D) District that is demonstrably not affordable or financially accessible housing, meaning housing that has a value greater than 80% than the combined land and structure values of single-family homes in San Francisco as determined by a credible appraisal made within six months of the application to demolish, is exempt from the Conditional Use authorization requirement of subsections (c)(1) or (c)(2), provided that a complete Development Application was submitted prior to February 11, 2020.

(10) Exception for Certain Unauthorized Units with No Tenant Occupant for 10 Years. The Conditional Use requirement of subsections (c)(1) and (c)(2) shall not apply to an application for a permit that would result in the Removal of an Unauthorized Unit in a one-family dwelling where all of the conditions in subsection (c)(10)(A) are met. To establish eligibility, the owner shall furnish a declaration under penalty of perjury on a form prescribed by the Department, attesting to compliance with all of the conditions in subsection (c)(10)(A).

(A) Eligibility. The one-family dwelling shall meet all the following criteria:

• (i) the owner currently resides in the primary dwelling unit;

(ii) the Unauthorized Unit has not been rented for consideration in the last 10 years. For the purposes of this subsection (c)(10)(A)(ii), “rented for consideration” shall not include any use or tenancy of the Unauthorized Unit by a

blood, adoptive, or step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered domestic partner of such relations, or by a property owner’s spouse or registered domestic partner; (iii) the owner intends to reside in the one-family dwelling for at least three years after the Removal of the Unauthorized Unit is approved; and

(iv) the owner enters into a regulatory agreement with the City subjecting the one-family dwelling to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) pursuant to subsection (c)(10)(B).

(B) Regulatory Agreement. Sponsors of projects utilizing the Conditional Use Authorization exception in subsection (c)(10) of this Section 317 shall enter into a regulatory agreement with the City subjecting the one-family dwelling to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as amended from time to time, as a condition of approval of the permit to remove the Unauthorized Unit (“Regulatory Agreement”). The property owner and the Planning Director, or the Director’s designee, on behalf of the City, shall execute the Regulatory Agreement, which is subject to review and approval by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the permit to remove the Unauthorized Unit. 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 in the title records in the Office of the Assessor-Recorder against the property and the Regulatory Agreement 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 Housing Development Project on a publicly-accessible website. At a minimum, the Regulatory Agreement shall contain the following:

(i) A statement that the one-family dwelling is not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq. ) Further, that 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 other forms of assistance or other direct financial contribution specified in California Government Code Section 65915 et seq. ;

(ii) A description of the forms of assistance or other direct financial contribution 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.

(11) If a Hotel or Motel is lawfully authorized for Interim Housing use in accordance with Section 202.15, and such use ceases, the abandonment, cessation, or termination of Interim Housing use shall not be considered a Residential Conversion. The reactivation of any Hotel or Motel use pursuant to Section 202.15(h) shall not be considered a Residential Conversion.

(d) Demolition.

(1) No permit to Demolish a Residential Building in any zoning district shall be issued until a building permit for the replacement structure is finally approved. Any replacement structure shall comply with Section 317.2 as applicable. A permit to demolish may be approved prior to issuance of a building permit for a replacement structure if the building is determined to pose a serious and imminent hazard as defined in the Building Code, but in no case shall the obligation to

issued until a building permit for the replacement structure is finally approved. Any replacement structure shall comply with Section 317.2 as applicable. A permit to demolish may be approved prior to issuance of a building permit for a replacement structure if the building is determined to pose a serious and imminent hazard as defined in the Building Code, but in no case shall the obligation to

comply with Section 317.2 be waived. The Zoning Administer[2] may modify the timing of compliance with Section 317.2, as necessary, for demolitions approved prior to issuance of a building permit for a replacement structure due to a determination that the building poses a serious and imminent hazard. A building permit is finally approved if the Board of Appeals has taken final action for approval 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 of Appeals has lapsed with no appeal filed.

(2) Conditional Use authorization is required for approval of the permit for Residential Demolition, and the Commission shall consider the replacement structure as part of its decision on the Conditional Use application. If Conditional Use authorization is required for the replacement structure by other sections of this Code, the Commission shall consider the demolition as part of its decision on the Conditional Use application.

(3) The Planning Commission, in the Code Implementation Document, shall adopt criteria and procedures for determining the soundness of a structure proposed for demolition, where “soundness” is an economic measure of the feasibility of upgrading a residence that is deficient with respect to habitability and Housing Code requirements, due to its original construction. The “soundness factor” for a structure shall be the ratio of a construction upgrade cost (i.e., an estimate of the cost to repair specific habitability deficiencies) to the replacement cost (i.e., an estimate of the current cost of building a structure the same size as the existing building proposed for demolition), expressed as a percentage. A building is unsound if its soundness factor exceeds 50%. A Residential Building that is unsound may be approved for demolition without requiring a Conditional Use authorization.

(4) Nothing in this Section is intended to permit Residential Demolition in those areas of the City where other sections of this Code prohibit such demolition or replacement structure.

(5) Nothing in this Section is intended to exempt buildings or sites where demolition is proposed from undergoing review with respect to Articles 10 and 11 of the Planning Code, where the requirements of those articles apply. Notwithstanding the definition of "Residential Demolition" in this section and as further described in the Code Implementation Document with regard to Residential Demolition, the criteria of Section 1005 shall apply to projects subject to review under the requirements of Article 10 with regard to the structure itself.

10 and 11 of the Planning Code, where the requirements of those articles apply. Notwithstanding the definition of "Residential Demolition" in this section and as further described in the Code Implementation Document with regard to Residential Demolition, the criteria of Section 1005 shall apply to projects subject to review under the requirements of Article 10 with regard to the structure itself.

(6) No permit to Demolish a Residential Building shall be issued until the project sponsor has complied with the notice requirements of Section 317.2(e)(1) and (e)(2), subdivisions (A)-(C) and (F), and the requirements of Section 317.2(d)(2) to provide a relocation plan for Existing Occupants.

(7) If the Rent Board has issued a decision under Section 37.9(l) of the Administrative Code that there was a wrongful endeavor to recover possession of a rental unit through tenant harassment, any authorization to demolish the building shall be conditioned on the expiration of five years from the date the decision became final, unless otherwise required by law or where the Director of the Department of Building Inspection has determined that the building poses a serious and imminent hazard as defined in the Building Code.

(8) If the Department or a court determines that a tenant vacated a unit under a buyout agreement but that the landlord did not comply with the requirements of Administrative Code Sections 37.9E, subdivisions (d)-(f) and (h), then any authorization to demolish the building shall be conditioned on the expiration of five years from the date the tenant vacated the unit, unless either a court or the Rent Board acting under Administrative Code Section 37.9E(l) finds that the landlord substantially complied with those requirements.

(e) Conversion to Student Housing. The conversion of Residential Units to Student Housing is prohibited. For the purposes of this subsection, Residential Units that have been defined as such by the time a First Certificate of Occupancy has been issued by the Department of Building Inspection for new construction shall not be converted to Student Housing. (f) Residential Merger. The Merger of Residential Units, not otherwise subject to Conditional Use authorization by this Code, or exempted from the Conditional Use requirement by this Section 317, shall be prohibited.

(g) Conditional Use Criteria.

(1) C-3 Districts. When considering whether to grant Conditional Use authorization for the loss or Removal of Residential or Unauthorized Unit(s) in the C-3 districts, in lieu of the criteria set forth in Planning Code Section 303, 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.

(2) Residential Merger. The Planning Commission shall consider the following criteria in the review of Development Applications to merge Residential or Unauthorized Units:

(A) whether the Merger of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed have been owner occupied;

(B) whether the remaining unit following the Merger with another is intended for owner occupancy;

(C) whether the Merger of the unit(s) will remove an affordable housing unit as defined in Section 401 of this Code or housing subject to the Residential Rent Stabilization and Arbitration Ordinance;

(D) if the Merger of the unit(s) removes an affordable housing unit as defined in Section 401 of this Code or units subject to the Residential Rent Stabilization and Arbitration Ordinance, whether replacement housing will be provided which is equal or greater in size, number of bedrooms, affordability, and suitability to households with children to the units being removed;

• (E) how recently the unit being removed through the Merger was occupied by a tenant or tenants;

• (F) whether the number of bedrooms provided in the merged unit will be equal to or greater than the number of bedrooms in the separate units;

• (G) whether removal of the unit(s) is necessary to correct design or functional deficiencies that cannot be corrected through interior alterations;

(H) the appraised value of the least expensive Residential Unit proposed for Merger only when the Merger does not involve an Unauthorized Unit.

The Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9)-(12), (14) or (17) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within 10 years prior to filing the application for merger. Additionally, the Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing the application for merger. This subsection (g)(2)(H) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the

Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant’s right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.

(3) Residential Conversion. The Planning Commission shall consider the following criteria in the review of applications for Residential Conversion;

(A) whether conversion of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed were owner occupied;

(B) whether Residential Conversion would provide desirable new Non- Residential Use(s) appropriate for the neighborhood and adjoining district(s);

(C) in districts where Residential Uses are not permitted, whether Residential Conversion will bring the building closer into conformance with the Uses permitted in the zoning district;

• (D) whether conversion of the unit(s) will be detrimental to the City's housing stock;

(E) whether conversion of the unit(s) is necessary to eliminate design, functional, or habitability deficiencies that cannot otherwise be corrected;

(F) whether the Residential Conversion will remove Affordable Housing, or units subject to the Residential Rent Stabilization and Arbitration Ordinance.

(4) Planning Commission approval shall not be required for the change of use or occupancy of a Dwelling Unit, Group Housing, or SRO to Student Housing if the Dwelling Unit, Group Housing, or SRO will be Student Housing owned, operated or otherwise controlled by a not for profit post-secondary Educational Institution and

• (A) it was built by the post-secondary Educational Institution;

• (B) it is in a convent, monastery, or similar religious order facility;

(C) it is on an adjoining lot (i.e., sharing the same lot line) to the post- secondary Educational Institution, so long as the lot has been owned by the post-secondary Educational Institution for at least ten years as of the effective date of Ordinance 188-12; or

(D) as of August 10, 2010, it was owned, operated or otherwise controlled by a post-secondary Educational Institution that had an Institutional Master Plan on file with the Planning Commission, and where the occupancy by those other than students at that date was less than 20% of the total occupants. For purposes of determining occupancy, the post-

secondary Educational Institution shall present to the Planning Department verified information regarding its rental or lease of units as of that date.

(5) Planning Commission approval shall not be required for a Residential Conversion if the Residential Unit was subject to the Residential Hotel Unit Conversion and Demolition Ordinance, San Francisco Administrative Code Chapter 41, and obtained a permit to convert in compliance with the requirements set forth therein.

(6) Residential Demolition. The Planning Commission shall make findings based on the criteria in Section 303(c) when reviewing Development Applications for projects that require both the demolition of a single-family home and construction of a single-family home. The Planning Commission shall make the findings set forth below in the review of Development Applications for projects that require either the demolition of two or more Residential Units, or the demolition of a single-family home and construction of two or more Residential Units. If the Planning Commission finds the project does not meet at least 70 % of these criteria, the application shall be denied. If a criterion does not apply to project, the Commission shall find that criterion to have been met.

(A) The property is not subject to an open or unabated notice of violation issued by the Planning Department or Department of Building Inspection at the time the Development Application is submitted.

(B) The project does not propose changes to more than 20% of the character defining features of a building that is designated as a landmark under Article 10, is listed as a contributor to an historic district in Article 10, is listed as a Significant or Contributory Building under Article 11, is listed in the California Register of Historical Resources, or is listed on the National Register of Historic Places.

(C) The project increases the number of Residential Units subject to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) compared to the number of existing Residential Units and Unauthorized Units subject to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance.

(D) The project does not require the Residential Demolition of existing, deed-restricted, affordable and/or below market rate housing, or increases the number of permanently Affordable Units located on the site.

(E) The project, if five units or more, increases the number of two or more bedroom units on-site.

• (F) The project is a rental project.

• (G) The project results in a net increase of Dwelling Units on-site and number of bedrooms on-site.

(H) No tenant has vacated any unit in the building within the previous 36 months pursuant to a notice to vacate under Administrative Code Section 37.9(a)(8) that was served after the effective date of the ordinance in Board of Supervisors File No. 250926.

(7) Removal of Unauthorized Units. In addition to the criteria set forth in subsections (g)(1) through (g)(6) above, the Planning Commission shall consider the criteria below in the review of applications for removal of Unauthorized Units:

(A) whether the Unauthorized Unit has been rented within the 10 years preceding the application, excluding any use of the Unauthorized Unit by a blood, adoptive, or step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered domestic partner of such relations, or by a property owner’s spouse or registered domestic partner;

(B) whether the Unauthorized Unit has a history of evictions under Administrative Code Sections 37.9(a)(8)-(12), (14), or (17) within the 10 years preceding the application.

(8) Denial of Application to Remove an Unauthorized Unit; Requirement to Legalize the Unit. If the Planning Commission denies an application to Remove an Unauthorized Unit, the property owner shall file a Development Application and any necessary application for a building permit to legalize the Unit. Failure to do so within a reasonable period of time, as determined by the Zoning Administrator, shall be deemed to be a violation of the Planning Code.

(9) Residential Flats. In addition to the other considerations in this subsection (g), the Planning Commission shall consider the criteria below when reviewing a project application that would merge a Residential Flat such that it would no longer meet the definition of a Residential Flat:

(A) whether reduction in size, reconfiguration, or merger of the Flat(s) would reduce the size of any Flat by more than 25% of its original floor area; and

(B) whether the proposed project is maintaining or increasing the number of units on the Lot that contain at least two or more bedrooms or that are at least equivalent in size to the Residential Flats being reduced or reconfigured.

(h) Notice of Conditional Use Hearing. For any hearing to consider a Conditional Use authorization required under subsection (g)(2), (g)(3), (g)(4), or (g)(5), the Zoning Administrator shall provide notice as required by Section 333 of this Code, including an explanation of the process for demolishing, merging, or converting Residential Units or Unauthorized Units, and including a description of subsequent permits that would be required from the Planning Department and Department of Building Inspection and how they could be appealed, in addition to any other notice required under this Code.

• (i) Additional Exemptions. This Section 317 shall not apply to property:

• (1) Owned by the United States or any of its agencies;

(2) Owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental purpose;

(3) Under the jurisdiction of the Port of San Francisco or the Successor Agency to the Redevelopment Agency of the City and County where the application of this Section is prohibited by State or local law; or

(4) Where demolition of the building or Removal of a Residential Unit or Unauthorized Unit is necessary to comply with a court order or City order that directs the owner to demolish the building or remove the unit, due to conditions that present an imminent threat to life safety.

(j) Disclosure of Unauthorized Units.

(1) Disclosure Required. All Development Applications shall disclose the presence of any Unauthorized Unit at the subject property. In addition to the verification required by Planning Code subsection 306.1(d), any Development Application that does not identify an Unauthorized Unit at the subject property shall include a declaration, signed under penalty of perjury by the owner(s) or owner’s authorized agent, that no Unauthorized Units exist at the property.

(2) Application Contents. All Development Applications shall require the applicant to report certain information that may suggest the presence of Unauthorized Units at the property. The Planning Department shall develop, and publish on the Department’s website, a list of such information, which shall include, at minimum:

(A) The number of dwelling units at the property, and, to the best of the applicant’s knowledge, whether any units or bedrooms have been rented in the prior 10 years.

• (B) For each unit that has been rented, the number of bedrooms in such unit.

• (C) The number of mailboxes at the property.

• (D) The number of utility meters at the property.

(3) Planning Department Investigation. If the application states that the property does not contain any Unauthorized Unit, but the information contained in the application leads Department staff to reasonably believe that an Unauthorized Unit may exist on the property, Department staff shall investigate whether the property contains any Unauthorized Unit. Such investigation may include research into property and Residential Rent Stabilization and

Arbitration Board rental records, inspection of the property, or review of evidence of prior tenancy submitted by current and former owners, tenants, and neighbors. Department staff shall review and consider inspection reports and notices of violation prepared by the Department of Building Inspection and any relevant information contained in the Department’s files for the property. If, after conducting an investigation, the Department determines that the Development Application failed to disclose any Unauthorized Unit, the Department shall cancel the Development Application as inaccurate pursuant to Section 306.1(d).

(k) Department Inspection. Prior to recommending approval of Residential Demolition, Conversion, or Merger, the Department shall inspect the property. The Department’s inspection shall attempt to establish whether the property contains rental units and whether any rental units are occupied. The Department shall also request information from the

Residential Rent Stabilization and Arbitration Board that indicates whether any rental units on the property are subject to the Residential Rent Stabilization and Arbitration ordinance.

(Added by Ord. 69-08, File No. 080210, App. 4/17/2008; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 219-14 , File No. 140775, App. 10/29/2014, Eff. 11/28/2014; 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. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 81-20, File No. 200142, App. 5/29/2020, Eff. 6/29/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 64-24, File No. 231185, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 39-25, File No. 241067, App. 4/3/2025, Eff. 5/4/2025; Ord. 98-25, File No. 250257, App. 6/27/2025, Eff. 7/28/2025; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

[Former] division (e)(1) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and [former] (f)(1) amended; Ord. 188-12, Eff. 10/11/2012. [Former] division (d)(3)(C) amended; Ord. 62-13, Eff. 5/10/2013. Section header and division (b)(1) amended; divisions (b)(2), (b)(7), (b)(11), (b)(12), [former] (c), (d), (d)(2), (d)(3), (d)(4), (d)(5), [former] (e)-(e)(2) amended; [former] divisions (e)(4), (f), (f)(1) and (f)(2) amended; [former] divisions (g) and (g)(3) amended; Ord. 287-13, Eff. 1/25/2014. Division (b)(1) amended; divisions (b)(12) and [former] (f)(1) amended; [former] divisions (f)(3) and (f) (4) added; Ord. 219-14, Eff. 11/28/2014. Divisions (b)(3), (b)(4), (b)(6), (b)(8), (b)(11), and (b)(12) amended; Ord. 22-15, Eff. 3/22/2015. Nonsubstantive change; Ord. 188-15, Eff. 12/4/2015. Section header and divisions (b), (b)(1), (b)(7), (b) (10), and (b)(12) amended; new division (b)(13) added and former division (b)(13) redesignated as (b)(14); division (c) amended and redesignated as (c)(1); new divisions (c)(2)-(5) added; divisions (d)(2), (d)(3), (d)(3)(A), and (d)(3)(B) amended; former division (d)(3)(C) deleted; new divisions (e), (f), (g), and (g)(1) added; former divisions (e)-(e)(4) amended and redesignated as current division (g)(2) and its subdivisions; former divisions (f)-(f)(2)(F) redesignated as current division (g)(3)1 and its subdivisions; new divisions (g)(5)-(7) and (h) added; former division (g) amended and redesignated as (i); current divisions (i)(3) and (4) amended; Ord. 33-16, Eff. 4/10/2016. Division (c) amended; former division (g)(6)(A) deleted; former divisions (g)(6)(B)-(D) redesignated as divisions (g)(6)(A)-(C); Ord. 195-18, Eff. 9/10/2018. Division (h) amended; divisions (h)(1)-(2) deleted; Ord. 179-18, Oper. 1/1/2019. Division (g)(3) amended; second division (g)(3) redesignated as (g)(4) and amended; divisions (g)(4)-(7) redesignated as (g)(5)-(8); Ord. 63-20, Eff. 5/25/2020. Section header and division (c)(5) amended; division (c)(6) added; former divisions (d)(3)-(d)(3)(A) deleted; former division (d)(3)(B) redesignated as (d)(3) and amended; Ord. 81-20, Eff. 6/29/2020. Undesignated paragraph after division (g)(2)(H) amended; Ord. 136-21, Eff. 9/4/2021. Division (c)(1) amended as (c)(1) and (c)(4); former divisions (c) (2)-(6) redesignated and amended as (c)(5)-(9); new divisions (c)(2)-(c)(2)(G) and (c)(3) added; Ord. 248-23, Eff. 1/14/2024. Division (g)(7) amended; Ord. 33-24, Eff. 3/23/2024. Divisions (c)(7) and (f) amended; divisions (c)(7)(A)-(B) and (c)(10)-(c)(10)(B)(iii) added; divisions (g)(7)(A)-(C) deleted; new divisions (g)(7)(A)-(B) added; Ord. 64-24, Eff. 4/28/2024. Divisions (c)(2)(D), (c)(4), and (c)(7)(A) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(11) added; Ord. 39-25, Eff. 5/4/2025. Division (c)(11) amended; Ord. 98-25, Eff. 7/28/2025. Divisions (j)-(k) added; Ord. 170-25, Eff. 10/6/2025. Divisions (a), (b)(7), and (g)(8) amended; divisions (g)(9)-(g)(9)(B) added; Ord. 245-25, Eff. 1/12/2026. Divisions (a), (b), (b)(7), (b)(9), (c)(1)-(2)(A), (c)(2)(B)(i)-(iii), (c)(2)(E), (c)(10)(B), (d)(1), (g)(2)-(2)(E), (g)(2)(H) and subsequent paragraph, (g)(6), and (g)(7)(B) amended; divisions (b)(2)(D), (b)(14), (c)(2)(F), and (g)(6)(A)-(R) deleted; new divisions (d)(6)-(8) and (g)(6)(A)-(H) added; divisions (b)(2)(B)-(C) amended as (b)(2)(B); division (c)(2)(G) amended as (c)(2)(F); Ord. 3-26, Eff. 2/8/2026.

(b), (b)(7), (b)(9), (c)(1)-(2)(A), (c)(2)(B)(i)-(iii), (c)(2)(E), (c)(10)(B), (d)(1), (g)(2)-(2)(E), (g)(2)(H) and subsequent paragraph, (g)(6), and (g)(7)(B) amended; divisions (b)(2)(D), (b)(14), (c)(2)(F), and (g)(6)(A)-(R) deleted; new divisions (d)(6)-(8) and (g)(6)(A)-(H) added; divisions (b)(2)(B)-(C) amended as (b)(2)(B); division (c)(2)(G) amended as (c)(2)(F); Ord. 3-26, Eff. 2/8/2026.

CODIFICATION NOTES

1. So in Ord. 248-23.

2. So in Ord. 3-26.

SEC. 317.1. [REPEALED.]

(Added by Ord. 23-16, File No. 150494, App. 3/4/2016, Eff. 4/3/2016; repealed by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016)

SEC. 317.2. CONDITIONS OF APPROVAL FOR PROJECTS THAT REQUIRE THE DEMOLITION OF RESIDENTIAL UNITS.

(a) Purpose; Implementation. This Section 317.2 is intended to implement and shall be construed consistent with the provisions of California Government Code sections 66300.5 and 66300.6, as they may be amended from time to time. The Planning Commission shall approve, and the Planning Department shall publish on its website, a Replacement Unit Implementation Document (hereafter, the “Implementation Document”) containing procedures, regulations, guidelines, notice formats, and application forms, as deemed necessary to assist the Department in ensuring that the relocation assistance and services in this Section 317.2 are available to displaced tenants, as required, and with implementation, monitoring, and enforcement of the policies and procedures of this Section 317.2. The Department may update the Implementation Document from time to time and shall seek Planning Commission approval for any significant changes. (b) Definitions. In addition to the definitions in California Government Section 66300.5 and Planning Code Sections Section 102 or Section 401, the following terms shall have the following definitions:

“Affordable Housing Cost” is defined in California Health and Safety Code section 50052.5.

“Affordable Rent” is defined in California Health and Safety Code section 50053.

“Comparable Unit” shall mean a Replacement Unit (and for purposes of subsection 317.2(d)(2)(C), a substitute unit) that contains at least the same total number of bedrooms, same total number of full bathrooms, and at least 90 percent of the square footage of the Protected Unit being replaced. However, if one or more single-family homes that qualify as Protected Units are being replaced in a Housing Development Project that consists of two or more units, “Comparable Unit” shall mean either (1) a unit containing the same number of bedrooms if the single-family home contains three or fewer bedrooms, or (2) a unit containing three bedrooms if the single-family home contains four or more bedrooms and a Comparable Unit is not required to have the same or similar square footage or the same number of total rooms.

“Demolition” is defined as “Residential Demolition” in Section 317(b)(2).

“Existing Occupant” shall mean a Tenant of a unit at the time the owner of a unit applied to demolish the unit or recovered possession of the unit in order for the unit to be demolished. A Tenant occupying a unit on the date the project sponsor submitted a Development Application or preliminary application to demolish that unit shall be an Existing Occupant. If there is no Tenant occupying the unit on such date, the prior Tenant shall still qualify as an Existing Occupant for purposes of this Section 317.2 if any of the following circumstances are true as of the date the project sponsor submitted the Development Application or preliminary application: 1) the Tenant vacated the unit within the previous five years pursuant to a Tenant Buyout that did not comply with the applicable provisions of Administrative Code Section 37.9E but where there has been a finding of substantial compliance as described in Planning Code Section 317(d)(8); 2) the Tenant vacated the unit within the previous three years pursuant to a notice to vacate under Administrative Code Section 37.9(a)(8); 3) the Tenant vacated the unit within the previous five years pursuant to a notice to vacate under Administrative Code Section 37.9(a)(13); or 4) the Tenant was required to vacate the unit within the previous five years due to a serious and imminent hazard.

“Housing Development Project” is defined in California Government Code section 65905.5(b)(3).

“Lower Income Household” is defined in California Health and Safety Code section 50079.5.

“Protected Unit” shall mean a Residential Unit, whether authorized or unauthorized, and whether occupied or vacant, that meets any of the following criteria: (1) has been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of Lower or Very Low-Income within the past five years; (2) has been subject

to any form of rent or price control through San Francisco’s valid exercise of its police power within the last five years, including all units subject to the rent increase limitations set forth in Section 37.3 of the Administrative Code; (3) has been rented by a Lower or Very Low-Income Household within the past five years; or (4) was withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code) within the past 10 years.

“Replacement Unit” shall mean a Residential Unit that replaces a demolished Protected Unit in a new Housing Development Project and that complies with the requirements of this Section 317.2. The Department shall note the existence of Replacement Units on a publicly-accessible website.

“Tenant” is defined in Administrative Code Section 37.2(t) and shall include any lawful occupants of the unit, as well as any persons who have vacated the unit temporarily while the landlord is carrying out capital improvements or rehabilitation work.

“Very Low Income Household” is defined in California Health and Safety Code section 50105.

(c) No Net Loss of Residential Units. Notwithstanding any other law including local density requirements, a Housing Development Project that will require the demolition of one or more Residential Units, whether authorized or unauthorized, shall include at least as many Residential Units as will be demolished or as existed on the project site within the last five years preceding the date of the Development Application, whichever is greater.

(d) Projects that Require Demolition of Protected Units. Notwithstanding any other law including local density requirements, a development project that will require the demolition of occupied or vacant Protected Units, or that is located on a site where Protected Units were demolished in the five years preceding the date the project sponsor submits a Development Application, shall not be approved unless the project meets all of the following requirements:

(1) Replacement of Protected Units. The project shall replace all existing Protected Units and all Protected Units demolished on or after January 1, 2020 with Comparable Units. Except as otherwise provided in this Section 317.2, for purposes of this subsection (d)(1), the term “replace” shall have the same meaning as provided in Government Code sections 65915(c)(3)(B) and (C) and as further described below. Replacement Units subject to an affordability restriction shall remain affordable for the Life of the Project, as defined in Section 401.

(A) Demolition and Replacement of Units Occupied by Lower-Income Households. Except as provided in subsection 317.2(d)(2)(D), for projects proposing to demolish buildings that include Protected Units that were occupied by Lower-Income Households at the time of the Development Application, the project sponsor shall replace such Protected Units with Comparable Units at an affordable housing cost to persons and families in the same or lower income categories as those households in occupancy or presumed to be in occupancy as described in Section 65915(c)(3)(B)(i). Such units shall be occupied by persons and families in the same or lower income categories as those households in occupancy or presumed to be in occupancy as described in Section 65915(c)(3)(B)(i). Comparable Units in rental projects must be made available at an affordable rent or the prior rental rate, whichever is lower. Housing Development Projects in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for Lower Income Households, may comply with subsection (d)(1)(A) by providing at least the same total number of units and the total aggregate number of bedrooms as the Protected Units being replaced on the project site.

affordable rent or the prior rental rate, whichever is lower. Housing Development Projects in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for Lower Income Households, may comply with subsection (d)(1)(A) by providing at least the same total number of units and the total aggregate number of bedrooms as the Protected Units being replaced on the project site.

(B) Demolition and Replacement of Units Occupied by Above Lower-Income Households. For projects proposing to demolish buildings with Protected Units that were occupied by above Lower-Income Households, the project sponsor shall replace those units with Comparable Units. Comparable Units in Rental Projects shall be subject to the rent increase limitations of Chapter 37 of the Administrative Code. Comparable Units in Ownership Projects, as defined by Section 401 of this Code, shall be made available to and occupied by Lower-Income Households. The project sponsor shall consent to such restrictions in a Regulatory Agreement approved by the Planning Department.

(C) Vacant or Demolished Units. If all Protected Units have been vacated or demolished within the five years preceding the Development Application, then the project sponsor shall replace those units with Comparable Units based on the number of Lower-Income Households in occupancy or presumed to be in occupancy at the highpoint in the preceding five years, as described in California Government Code Section 65915(c)(3)(B)(ii). Housing Development

Projects in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for Lower Income Households, may comply with this subsection (d)(1)(C) by providing at least the same total number of units and the total aggregate number of bedrooms as the Protected Units being replaced on the project site.

(D) Accessibility Requirements. Any demolished Protected Unit that was an accessible unit under California Building Code Chapter 11A shall be replaced with an accessible Comparable Unit.

(E) Inclusionary Requirements. Replacement Units constructed pursuant to this subsection (d)(1) shall be considered in determining whether the Housing Development Project satisfies the requirements of California Government Code Section 65915, or any on-site affordable housing requirements under Section 415 et seq. of this Code.

(F) Non-Housing Development Projects. If a project that proposes to demolish Protected Units is not a Housing Development Project, the project sponsor shall ensure that any Replacement Units are developed prior to or concurrently with the non-housing development project. Such Replacement Units shall be Comparable Units, and may be located on a site other than the non-housing development project site but shall be located within San Francisco and within one mile of the project site. The project sponsor may contract with another entity to develop the required Replacement Units. Any Replacement Units developed as part of a separate project under this subsection (d)(1)(F) shall be in addition to any Replacement or Inclusionary Units required for that separate project; and shall be in addition to any Replacement Units included in the separate project to meet the requirements of this subsection (d)(1)(F) for any other project; and shall not be located within any project that receives a public subsidy or that will become property of the San Francisco Housing Authority. The Implementation Document shall contain guidelines as deemed necessary to assist with implementation, monitoring, and enforcement of this subsection (d)(1)(F).

(G) Exceptions. Consistent with California Government Code Section 66300.6(b)(1)(C), this subsection (d)(1) does not require a Replacement Unit where (i) the project is an industrial use; (ii) the project site is entirely within a zone that does not allow Residential uses; (iii) the zoning applicable to the project site that does not allow Residential uses was adopted prior to January 1, 2022; and (iv) the Protected Units that are or were on the project site are or were nonconforming uses.

(2) Protections for Existing Occupants. A Development Application shall not be approved unless the project sponsor complies with the requirements of subsections (d)(2)(A)-(D), and has provided all Existing Occupants notice of their rights under subsections (d)(2)(A)-(D). The project sponsor shall include a compliant relocation plan with their Development Application. To ensure that Existing Occupants are provided the relocation assistance and services required by this Section 317.2, the Implementation Document shall include minimum standards for notices to be provided informing Existing Occupants of their rights, and a compliant relocation plan, as well as instructions and guidelines on how a project sponsor or a relocation specialist hired by the project sponsor can comply with the requirements in this subsection (d)(2). The Department may impose a fee for the review of a relocation plan.

(A) Right to Remain. Existing Occupants who are Lower-Income Households shall be allowed to occupy their units until three months before the start of construction activities. Existing Occupants who are above Lower-Income Households shall be allowed to occupy their units until six months before the start of construction activities. A project sponsor may allow an Existing Occupant to remain beyond three or six months before the start of construction activities.

seholds shall be allowed to occupy their units until three months before the start of construction activities. Existing Occupants who are above Lower-Income Households shall be allowed to occupy their units until six months before the start of construction activities. A project sponsor may allow an Existing Occupant to remain beyond three or six months before the start of construction activities.

(i) The project sponsor shall provide Existing Occupants, with a copy to the Planning Department and Rent Board, written notice of the planned demolition, the date they must vacate, and their rights under this Section 317.2. The notice shall be provided in writing, by certified mail, at least six months in advance of the date that Existing Occupants must vacate, and shall be in addition to any other notices that may be required by law. This notice shall include the following text in at least 14 point bold face type: “This notice is not an eviction notice. It is not notice that you must vacate the building or that your tenancy is being ended. It is to inform you about your rights under Section 317.2 of the San Francisco Planning Code.”

(ii) The notice in subsection (d)(2)(A)(i) shall be provided in the Required languages, and in languages spoken by a Substantial Number of Limited English Speaking Persons, as those terms are defined in Administrative Code Chapter 91.

(B) Right to Return if Demolition Does Not Proceed. Any Existing Occupants who vacate their units shall be allowed to return at their prior rental rate, as adjusted in accordance with the provisions of Administrative Code Chapter 37, if the demolition does not proceed and the property is returned to the rental market. The project sponsor shall follow any applicable guidelines in the Implementation Document regarding the offer and acceptance of a right to return if demolition does not proceed.

(C) Right to Relocation Assistance. The Department shall ensure that Project sponsors provide relocation assistance to Existing Occupants as follows:

(i) All displaced households regardless of income level shall receive relocation assistance equivalent to the amounts required under Administrative Code Section 37.9A(e).

(ii) When the displaced household is Lower-Income, the project sponsor shall provide the additional relocation assistance as set forth in subparagraphs a., b., or c of this subsection (d)(2)(C). The project sponsor shall continue to provide this additional assistance until they have discharged their obligation to offer the household a permanent Comparable Unit under subsection (d)(2)(D), or until 42 months have elapsed since the displacement occurred, whichever comes first. The Department shall review and verify the adequacy of the project sponsor’s relocation assistance plan before it finally approves the demolition permit, shall assist project sponsors and displaced households to ensure consistent implementation of the plans, and may contract with third-party relocation specialists to assist with these functions.

e the displacement occurred, whichever comes first. The Department shall review and verify the adequacy of the project sponsor’s relocation assistance plan before it finally approves the demolition permit, shall assist project sponsors and displaced households to ensure consistent implementation of the plans, and may contract with third-party relocation specialists to assist with these functions.

a. Substitute Housing. The project sponsor shall secure a substitute unit for the household that is Comparable and is located in San Francisco, commencing on the date that the household would be required to vacate their original unit. The rent shall be not greater than the rent that the household was paying before the displacement. The project sponsor shall follow any applicable procedures in the Implementation Document regarding the offer and acceptance of the substitute unit. If the household accepts the offer of a substitute unit, their tenancy in that unit shall be subject to all applicable provisions of Administrative Code Chapter 37. If the household does not accept the offer of a substitute unit, the project sponsor shall provide relocation assistance under subparagraphs b. or c.

b. Standardized Payment. The project sponsor shall provide the household standardized financial payments to assist with the relocation, commencing three months after the date that the household vacated their original unit. The payments shall occur monthly in an amount equivalent to the difference between the maximum monthly rent for that household and unit type as published by MOHCD, and the San Francisco Housing Authority Payment Standard for that unit size (or the amount that the household is paying for interim housing, whichever is less).

c. Individualized Relocation Process. Consistent with California Government Code Section 66300.6(b)(4)(A), the project sponsor shall provide the household financial payments in the amounts required to be paid by public entities under California Government Code Sections 7260-7277, as amended from time to time. The Department’s Implementation Document shall include procedures and guidelines for project sponsors who wish to provide relocation assistance under this option.

(iii) The Department shall develop procedures for Lower-Income Households to provide the Department and project sponsor confirmation at least once every twelve months that they remain eligible for the additional relocation assistance described in subparagraphs a. or b. of subsection (ii), as applicable, and that they intend to occupy a Comparable Unit under subsection (d)(2)(D) upon completion, as a condition of receiving the additional relocation assistance. Information related to a displaced household’s source of income shall be treated as confidential information.

ey remain eligible for the additional relocation assistance described in subparagraphs a. or b. of subsection (ii), as applicable, and that they intend to occupy a Comparable Unit under subsection (d)(2)(D) upon completion, as a condition of receiving the additional relocation assistance. Information related to a displaced household’s source of income shall be treated as confidential information.

(iv) If paying relocation assistance under subparagraphs a. or b. of subsection (ii) would constitute an undue financial hardship for the project sponsor in light of all of the resources available to them, the project sponsor may file a written request with the Rent Board for a hardship adjustment, on a form provided by the Rent Board and with supporting evidence. The Rent Board, or its designated Administrative Law Judges, may order a payment plan or any other relief they determine is justified following a hearing on the request.

(v) The relocation assistance set forth in this Section 317.2(d)(2)(C) is not intended to affect any assistance the displaced household may be entitled to under federal or state law. If a displaced household is also entitled to receive

relocation assistance under Chapter 37 of the Administrative Code, then the project sponsor may apply the amounts paid under Chapter 37 as a credit against the amounts required under this Section 317.2(d)(2)(C).

(D) Right of First Refusal For Comparable Units. The project sponsor shall offer Comparable Units to Existing Occupants of Protected Units as set forth below. The City shall not issue a Temporary or Final Certificate of Occupancy unless the Planning Department has certified that the project sponsor has complied with these requirements, the applicable notice rules under subsection (E), as well as any offer and acceptance procedures and guidelines set forth in the Department’s Implementation Document.

(i) The project sponsor shall provide above Lower-Income Households a right of first refusal for a Comparable Unit available in the new housing development, or if the development is not a housing development, in a Comparable Unit associated with the new development, provided such development is a rental housing development.

(ii) The project sponsor shall provide Lower-Income Households a right of first refusal for a Comparable Unit available in the new housing development, or if the development is not a housing development, in any required Comparable Units associated with the new development at an affordable rent or an affordable housing cost. To ensure the Comparable Unit is affordable to the Lower Income Household, the project sponsor shall offer the unit either at the Existing Occupant’s prior rental rate (plus any annual rent increases that may have been allowed under Administrative Code Sections 37.3(a)(1)-(2)) or at an Affordable Rent, whichever is lower; or at an Affordable Housing Cost. If a LowerIncome Household has been accepting relocation assistance in the form of a substitute housing unit, their decision not to accept a Comparable Unit under this subsection (ii) shall not affect their right to continue occupying the substitute housing unit. If a Lower-Income Household accepts a Comparable Unit at their prior rental rate which is lower than the Affordable Rent, any annual rent increase shall be governed by Administrative Code Section 37.3(a)(1)-(2) for the duration of the Lower-Income Household’s tenancy. At the conclusion of the tenancy, the Comparable Unit shall be an Affordable Unit subject to the requirements of Section 415 and the Inclusionary Affordable Housing Procedures Manual.

(iii) Consistent with California Government Code Sections 66300.6(b)(4)(B)(i)-(iii), Existing Occupants shall not have a right of first refusal under this subsection (D) to a Comparable Unit in any of the following circumstances: a. a development project that consists of a single residential unit located on a site where a single Protected Unit is being demolished;

b. units in a Housing Development Project in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for Lower-Income Households, except in the case of an Existing Occupant of a Protected Unit who qualifies for residence in the new development and for whom providing a Comparable Unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development; or

c. a development project that meets the requirements set forth in California Government Code Section 66300.6(b)(1)(C).

(e) Notice Requirements. In addition to any other notices required by this Code, a project sponsor shall comply with the notice requirements under subsections (e)(1) and (e)(2), below. The Department shall create forms to assist project sponsors in providing these notices, and may include additional rules and guidelines in the Replacement Unit Implementation Document. The project sponsor shall provide copies of these notices to the Department at the time they provide them to the Existing Occupants, unless otherwise specified. The Department shall also develop forms for Existing Occupants to keep the project sponsor and Department apprised of future changes of physical address, telephone number, and electronic mail.

the Replacement Unit Implementation Document. The project sponsor shall provide copies of these notices to the Department at the time they provide them to the Existing Occupants, unless otherwise specified. The Department shall also develop forms for Existing Occupants to keep the project sponsor and Department apprised of future changes of physical address, telephone number, and electronic mail.

(1) Posted Notice at Site. Within seven days of receiving notice that their Development Application is complete or has been deemed complete, the project sponsor shall place posters at the subject property that includes the content set forth in Section 333(d). The posters shall comply with the requirements of Section 333(e)(1), and shall remain at the property until the Department issues a Planning Approval Letter or until the project sponsor withdraws or cancels the application. This notice shall be in addition to any notices required by the Building Code or any other State or local law. In addition to the locations required by Section 333(e)(1), the project sponsor shall also place posters in at least one hightraffic area used by tenant households. The requirements of this subsection 317.2(e)(1) may be modified upon a

determination by the Zoning Administrator that a different location for the poster would provide better notice or that physical conditions make this requirement impossible or impractical, in which case the notice shall be posted as directed by the Zoning Administrator.

(2) Notifications to Existing Occupants. Project sponsors must provide notice to Existing Occupants as set forth below, and as further required in the Implementation Document, by certified mail and email, in the Required languages and in languages spoken by a Substantial Number of Limited English Speaking Persons as those terms are defined in Administrative Code Chapter 91.

(A) Notice of Right to Remain. Project sponsors shall notify all Existing Occupants of their right to remain consistent with Section 317.2(d)(2)(A).

(B) Notice of Right to Relocation Benefits. Project sponsors shall notify all Existing Occupants of their right to relocation assistance under Section 317.2(d)(2)(C). Such notice shall include information on relocation specialists and relocation payments.

(C) Notice of a Right of First Refusal. Project sponsors shall notify all Existing Occupants of their right of first refusal for a Comparable Unit under Section 317.2(d)(2)(D). Any household that intends to exercise this right must inform the project sponsor within 180 days of receiving the notice, with a copy to the Planning Department and the Rent Board. The Implementation Document shall include guidelines for satisfying this section, including procedures and timelines for accepting a Replacement Unit.

(D) Notice of Major Milestones for Existing Occupants who Intend to Exercise a Right of First Refusal. Project sponsors shall notify all Existing Occupant of major milestones in the development process, including but not limited to:

• (i) the start of construction;

(ii) on at least a bi-annual basis, the anticipated date of when occupancy will be available;

(iii) at least 180, 90, and 30 days in advance of the anticipated availability of the unit prior to the issuance of the Temporary or Final Certificate of Occupancy;

(iv) when the Temporary Certificate of Occupancy is issued; and

• (v) when the Final Certificate of Occupancy is issued.

(E) Notice of Replacement Unit Availability for Right of First Refusal. Project sponsors shall make offers of Replacement Units in writing by certified mail and electronic mail and shall file a copy of the offer with the Planning Department within 15 days of the offer. The Existing Occupant shall have 30 days from receipt of the offer to notify the project sponsor whether they accept or reject the offer, and if they accept, shall occupy the unit within 60 days of receipt of the offer or when the project receives its Temporary or Final Certificate of Occupancy for the Replacement Unit, whichever occurs last. Nothing in this section shall preclude tenants from contacting the project sponsor to inquire about progress throughout the construction period, or the leasing or sales process.

(F) Notice of Right to Return if Demolition Does Not Proceed. The project sponsor shall notify all Existing Occupants of their right to return to their former rental unit at their prior rental rate if a Development Project does not proceed and the property is returned to the rental market, at least 30 days prior to returning the property to the rental market.

(f) Private Right of Action; Civil Penalties.

(1) An aggrieved tenant, or any organization with tax exempt status under United States Code Section 501(c)(3) or 501(c)(4) that has a primary mission of protecting tenants in San Francisco, may file a civil action for monetary damages and/or injunctive relief against any project sponsor, including any person(s) acting on their behalf and any successors-ininterest, to enforce violations of this Section 317.2.

(2) A prevailing tenant may be awarded compensatory damages. In addition, for violations of subsection (d)(2) a court may impose civil penalties up to $10,000 per violation, treble damages for willful violations, civil penalties up to $5,000 per violation depending upon the severity of the violation if the tenant is 65 years or older or disabled, and for violations of subsection (d)(2)(B) punitive damages in an amount that does not exceed the total rent the Existing Occupant

owed for the six months before they vacated the unit. The prevailing party shall be awarded reasonable attorneys’ fees and costs.

(3) The remedies in this paragraph are not exclusive and do not preclude any tenant or the City from seeking any other legal or equitable remedies, penalties, or punitive damages as provided by law.

(4) This subsection (f) does not impose liability on a party for violating the notification requirements of subsection

(e)(2)(D), so long as the party can demonstrate substantial compliance with those requirements.

(g) Other Tenant Rights and Privileges. All tenants of Replacement Units shall have the same rights and privileges of other tenants in the same building or complex, as applicable and if provided generally in the development, with respect to common space amenities, entry into the building, and building services, including access to laundry facilities, gardens or yards, health facilities and recreational space, property management and security services, repairs and maintenance, access to any parking spaces, access to doors and keys, and building rules and regulations. (Added by Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) SEC. 318. [REPEALED.]

(Added by Ord. 242-12 , File No. 120996, App. 12/7/2012, Eff. 1/6/2013; repealed by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

(Former Sec. 318 added by Ord. 217-05, File No. 050865, App. 8/19/2005; renumbered as Sec. 418 by Ord. 108-10, File No. 091275, App. 5/25/2010)

Editor's Note:

See also Sec. 140.1 ("Common Area Requirement for Efficiency Dwelling Units with Reduced Square Footage"). SEC. 318.1. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.2. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.3. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.4. [REPEALED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.5. [REPEALED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.6. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.7. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.8. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.9. [REDESIGNATED.]

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 318.10. [REDESIGNATED.]

(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.11. [REDESIGNATED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.1 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.12. [REDESIGNATED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.2 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.13. [REDESIGNATED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.3 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.14. [REDESIGNATED.]

(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.4 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.15. [REPEALED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.16. [REDESIGNATED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.5 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 318.17. [REPEALED.] (Added by Ord. 264-05, File No. 051508, App. 11/18/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 319. [REDESIGNATED.] (Redesignated as Sec. 419 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 319.1. [REDESIGNATED.] (Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.1 by Ord. 108-10, File No. 091275, App. 5/25/2010) SEC. 319.2. [REDESIGNATED.] (Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 319.3. [REDESIGNATED.] (Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Secs. 419.3 and 419.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 319.4. [REDESIGNATED.] (Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Secs. 419.3 and 419.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 319.5. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 320. OFFICE DEVELOPMENT: DEFINITIONS.

(See Interpretations related to this Section.)

When used in Sections 320–325, the following terms shall each have the meaning indicated. See also Sections 102 and 321.4.

(a) “Additional office space” shall mean the number of square feet of gross floor area of office space created by an office development, reduced, in the case of a modification, conversion, or demolition, by the number of square feet of

gross floor area of preexisting office space which is lost.

(b) “Annual RHNA Affordable Housing Goal” shall mean one-eighth of the eight-year Final Regional Housing Need Allocation for the years 2015-2023 for San Francisco City and County, adopted by the Executive Board of the Association of Bay Area Governments on July 13, 2013, pursuant to California Government Code sec. 65580, for the “Very Low,” “Low,” and “Moderate” categories combined. The total eight-year Final Regional Housing Need Allocation in these categories combined is 16,333 units, which is 2,042 units per year. If future implementation of California Government Code sec. 65580, or any successor statewide mechanism to establish local affordable housing goals, establishes a higher annual allocation for San Francisco for production of units affordable to households earning up to 120 percent of area median income, then such higher annual allocation shall replace the number of units established pursuant to the first sentence of this Subsection (b). However, in no case shall the Annual RHNA Affordable Housing Goal be less than 2,042 units.

(c) “Approval period” shall mean the 12-month period beginning on October 17, 1985 and each subsequent 12-month period.

(d) “Approve” shall mean to approve issuance of a project authorization and shall include actions of the Planning Commission, Board of Appeals and Board of Supervisors.

(e) “City of San Francisco Affordable Housing Development Funding” means any capital development funds or subsidies administered or awarded by the City or County of San Francisco or any entity thereof. Such entities include the Office of Community Investment and Infrastructure, any future local redevelopment agency established pursuant to state law, the Port of San Francisco, and all other City or County departments or agencies. Such funds and subsidies include lease or sale of City property at less than market value, state or federal capital development funds administered or awarded by the City, and any other direct or indirect public support for capital development provided to a project. Tax credits, rent subsidies, and the Welfare Property Tax Exemption are excluded from this definition. Fees and exactions that are imposed on the proposed project pursuant to City requirements to fund affordable housing development that are retained or reimbursed for use by the proposed project to build affordable housing as a component of the project are excluded from this definition.

(f) “City’s Affordable Housing Demand Ratio” means 809 housing units affordable to households with household incomes no greater than 120% of Area Median Income per 1,000,000 square feet of new office development, as detailed in the Jobs Housing Nexus Analysis of May 2019 prepared for the City and County of San Francisco by Keyser Marston Associates, Inc., which determined that the Affordable Unit Demand Factor for 1,000 square feet of new San Francisco office development is currently 0.80892 affordable housing units. The City shall update the Affordable Unit Demand Factor at least every five years, and the City’s Affordable Housing Demand Ratio shall be adjusted according to the updated Factor.

of San Francisco by Keyser Marston Associates, Inc., which determined that the Affordable Unit Demand Factor for 1,000 square feet of new San Francisco office development is currently 0.80892 affordable housing units. The City shall update the Affordable Unit Demand Factor at least every five years, and the City’s Affordable Housing Demand Ratio shall be adjusted according to the updated Factor.

(g) “Completion” shall mean the first issuance of a temporary certificate of occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 307.

(h) “Disapprove” shall mean for an appellate administrative agency or court, on review of an office development, to direct that construction shall not proceed, in whole or in part.

(i) “Large Cap Maximum” shall mean the portion of the maximum set forth in Subsection (a)(1)(A) that is available to buildings of at least 50,000 square feet in gross floor area of office development.

(j) “New Affordable Housing Unit” shall mean a newly constructed unit with permanent affordability requirements that conform to standards established by the State of California as applicable to the City and County of San Francisco for determination of affordability to households with incomes of up to no more than 120 percent of the Area Median Income. (k) “Office space” shall mean space within a structure intended or primarily suitable for occupancy by persons or entities which perform for their own benefit or provide to others services at that location, including but not limited to professional, banking, insurance, management, consulting, technical, sales and design, or the office functions of manufacturing and warehousing businesses, but shall exclude the following: Retail use; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; any

facility, other than physicians’ or other individuals’ offices and uses accessory thereto, customarily used for furnishing medical services, and design showcases or any other space intended and primarily suitable for display of goods. This definition shall include all uses encompassed within Section 102 of this Code.

(l) "Office development" shall mean construction, modification or conversion of any structure or structures or portion of any structure or structures, with the effect of creating additional office space, excepting only:

(1) Development which will result in less than 25,000 square feet of additional office space;

• (2) Development either:

• (i) Authorized under San Francisco Redevelopment Agency disposition or owner participation agreements which have been approved by Agency resolution prior to the effective date of this Section, or

(ii) Authorized prior to the effective date of this Section by Agency resolution in anticipation of such agreements with particular developers identified in the same or a subsequent agency resolution;

(3) Any development which is governed by prior law under Section 175.1(b) of this Code, unless modified after the effective date specified in Section 175.1(b) to add more than 15,000 square feet of additional office space. Any addition of office space up to 15,000 square feet shall count against the maximum for the approval period, pursuant to Section 321(a) (2)(B);

(4) Any development including conversion of 50,000 square feet or more of manufacturing space to office space where the manufacturing uses previously located in such space are relocated to another site within the City and County of San Francisco and the acquisition or renovation of the new manufacturing site is funded in whole or part by an Urban Development Action Grant approved by the Board of Supervisors;

(5) Any mixed-residential-commercial development which will be assisted by Community Development Block Grant funds approved by the Board of Supervisors in which all of the housing units shall be affordable to low-income households for a minimum of 40 years and for which an environmental review application and site permit application have been filed prior to the effective date of this ordinance which enacted the provisions of this Section;

(6) Any development authorized pursuant to a Planned Unit Development, as provided for by City Planning Code Section 304, providing for a total of 500 or more additional units of housing, provided such development first received a Planned Unit Development authorization prior to November 4, 1986. Such Planned Unit Development may be amended from time to time by the Planning Commission, but in no event shall any such amendment increase the amount of office space allowed for the development beyond the amount approved by the Planning Commission prior to November 4, 1986.

(m) “Produced” shall mean, with regard to an affordable housing unit, that the housing unit is issued a first construction document, as defined in San Francisco Building Code sec. 107A.13.1.

(n) “Project authorization” shall mean the authorization issued by the Planning Department pursuant to Sections 321 and 322 of this Code.

(o) “Replacement office space” shall mean, with respect to a development exempted by Subsection (g)(6)[1] of this Section, that portion of the additional office space which does not represent a net addition to the amount of office space used by the occupant’s employees in San Francisco.

(p) “Retail Use” shall mean supply of commodities on the premises including, but not limited to, stores, shops, Restaurants, Bars, eating and drinking businesses, and Retail Sales and Services uses defined in Planning Code Section 102, except for Hotels and Motels.

(q) “Preexisting office space” shall mean office space used primarily and continuously for office use and not accessory to any use other than office use for five years prior to Planning Commission approval of an office development project which office use was fully legal under the terms of San Francisco law.

(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Proposition C, 6/2/87; 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; Proposition E, 3/3/2020, Eff. 4/17/2020; Proposition C, 3/5/2024, Eff. 4/12/2024)

AMENDMENT HISTORY

Introductory paragraph and division (f) amended; Ord. 22-15, Eff. 3/22/2015. Division (j) amended; Ord. 188-15 , Eff. 12/4/2015. Introductory paragraph amended; former divisions (b)-(k) redesignated as (c), (d), (g), (h), (k), (l), and (n)-(q), respectively; new divisions (b), (e), (f), (i), (j), and (m) added; Proposition E, 3/3/2020, Eff. 4/17/2020. Introductory paragraph and division (a) amended; Proposition C, 3/5/2024, Eff. 4/12/2024. CODIFICATION NOTE

1. So in Proposition E, 3/3/2020.

SEC. 321. OFFICE DEVELOPMENT: ANNUAL LIMIT.

• (a) Limit.

(1) (A) No office development may be approved during any approval period if the additional office space in that office development, when added to the additional office space in all other office developments previously approved during that approval period, would exceed either 950,000 square feet or the amount resulting from the calculation of available office development pursuant to this Section 321 et. seq. 1 To the extent the total square footage allowed in any approval period is not allocated, the unallocated amount shall be carried over to the next approval period.

(B) For the one-year approval period that commences in October 2020, the Large Cap Maximum shall be permanently reduced by a percentage equal to the percentage by which the total of New Affordable Housing Units Produced in the City during the five calendar years of 2015-2019 is less than the combined total of five years of the Annual RHNA Affordable Housing Goal (i.e., 10,210 units). In no case shall operation of this subsection (a)(1)(B) act to increase the office development permitted pursuant to subsection (a)(1)(A).

(C) Thereafter, for the one-year approval period that commences in October 2021 and for all subsequent annual approval periods, the Large Cap Maximum for each single year shall be permanently reduced by a percentage equivalent to the percentage by which New Affordable Housing Units Produced in the City during the single complete calendar year prior to the calendar year in which the approval period commenced is less than the annual RHNA Affordable Housing Goal. In no case shall operation of this subsection (a)(1)(C) act to increase the office development permitted pursuant to subsection (a)(1)(A).

(D) For any Approval Period commencing on or after October 17, 2024, following the completion of the calculations set forth in subsection (a)(1)(C), the Large Cap Maximum shall be increased by any Converted Square Footage, as provided in Section 321.4.

(2) The following amounts of additional office space shall count against the maximum set in Subsection (a)(1):

(A) All additional office space in structures for which the first building or site permit is approved for issuance during the approval period and which will be located on land under the jurisdiction of the San Francisco Port Commission or under the jurisdiction of the San Francisco Redevelopment Agency; provided, however, that no account shall be taken of structures which are exempt under Section 320(g)(2);

(B) The amount of added additional office space approved after the effective date of this ordinance in structures which are exempt under Section 320(g)(3);

(C) All additional office space in structures owned or otherwise under the jurisdiction of the State of California, the federal government or any State, federal or regional government agency, which structures are found to be otherwise exempt from this Section 321 or Section 322 by force of other applicable law;

(D) All additional office space in structures exempt under Section 320(g)(4) or 320(g)(6) or the last sentence of Section 175.1(b), or which satisfy the substantive terms of either of said exemptions but for which the first building or site permit is authorized or conditional use or variance approved by the Planning Commission after June 15, 1985 but before the effective date of this ordinance.

The additional office space described in Subsection (a)(2)(A) shall be taken into account with respect to all proposed office developments which are considered after the first site or building permit is approved for issuance for the described project. The additional office space described in Subsections (a)(2)(B) and (a)(2)(D) shall be taken into account with

respect to all proposed office developments which are considered during the approval period and after the project or the added additional office space is first authorized or a conditional use or variance approved by the Planning Commission. The additional office space described in Subsection (a)(2)(C) shall be taken into account with respect to all proposed office developments which are considered during the approval period and after commencement of construction of the described structures. Modification, appeal or disapproval of a project described in this Section shall affect the amount of office space counted under this Section in the time and manner set forth for office developments in Section 321(c).

(3) The Planning Department shall maintain and shall make available for reasonable public inspection a list showing: (A) All office developments and all projects subject to Section 321(a)(2) for which application has been made for a project authorization or building or site permit and, if applicable, the date(s) of approval and of approval for issuance of any building or site permit;

(B) The total amount of additional office space and, if applicable, replacement office space, approved with respect to each listed development;

(C) Approved office developments (i) which are subsequently disapproved on appeal; (ii) the permit for which expires or is cancelled or revoked pursuant to Subsection (d)(1) of this Section; or (iii) the approval of which is revoked pursuant to Subsection (d)(2) of this Section; and

(D) Such other information as the Department may determine is appropriate.

(4) Not less than six months before the last date of the approval period, the Planning Department shall submit to the Board of Supervisors a written report, which report shall contain the Planning Commission's recommendation with respect to whether, based on the effects of the limitation imposed by this Section on economic growth and job opportunities in the City, the availability of housing and transportation services to support additional office development in the City, office vacancy and rental rates, and such other factors as the Commission shall deem relevant, there should continue to be a quantitative limit on additional office space after the approval period, and as to what amount of additional office space should be permitted under any such limit.

(5) Every holder of a site permit issued on or after July 1, 1982 for any office development, as defined in Section 320(g) without regard to Subsections (g)(2) through (g)(5), shall provide to the Planning Commission reports containing data and information with respect to the following:

(A) Number of persons hired for employment either in construction of the development or, to the extent such information is available to the permittee, by users of the completed building;

(B) The age, sex, race and residence, by City, of each such person;

(C) Compensation of such persons, classified in $5,000 increments, commencing with annualized compensation of $10,000;

(D) The means by which each such person most frequently travels to and from the place of employment.

Such reports shall commence on October 1, 1985 and continue quarterly thereafter during the approved period. A report containing information by quarter for the period between July 1, 1982 and the effective date of the ordinance shall be submitted not later than December 31, 1985. The Planning Commission shall have full access to all books, records and documents utilized by any project sponsor in preparation of the written reports referred to above, and shall inspect such books, records and documents from time to time for purposes of authenticating information contained in such reports.

(6) Central SoMa Plan Area. This Subsection (a)(6) shall apply within the boundaries of the Central SoMa Special Use District, as established and described in Planning Code Sec. 249.78.

(A) Additional Limitations on Office Development. No more than a total of 6,000,000 square feet of office space shall be approved in office developments within the Central SoMa Plan Area, after January 1, 2019, until a combined total of at least 15,000 new housing units have been Produced within the South of Market Neighborhood, as delineated in the Neighborhood Boundaries Map contained within the Department of City Planning’s May 2011 “San Francisco

re than a total of 6,000,000 square feet of office space shall be approved in office developments within the Central SoMa Plan Area, after January 1, 2019, until a combined total of at least 15,000 new housing units have been Produced within the South of Market Neighborhood, as delineated in the Neighborhood Boundaries Map contained within the Department of City Planning’s May 2011 “San Francisco

Neighborhoods Socio-Economic Profiles” report, after January 1, 2019 (the “South of Market Neighborhood”). Space in individual projects that contain less than 50,000 square feet of office space shall neither be subject to, nor contribute to, the footage limit described in this Subsection (a)(6)(A).

(B) Jobs-Housing Balance Monitoring. On or before October 17, 2020, and on an annual basis thereafter, the Planning Department shall publish an inventory of the number of housing units Produced that may be credited under this Subsection.

(C) Central SoMa Incentive Reserve. Notwithstanding the limit specified in Subsection (a)(1), the Planning Commission may approve up to an additional 1,700,000 square feet in total of office space located in the Central SOMA Special Use District. A proposed office development may only be approved pursuant to this Subsection (a)(6)(C) if all of the following criteria are satisfied:

(i) The Preliminary Project Assessment application for the proposed office development was submitted prior to September 11, 2019;

(ii) The proposed office development contains more than 49,999 square of additional office space;

(iii) The amount of office space in the proposed office development exceeds the square footage available pursuant to Subsection (a)(1) in the current approval period;

(iv) Any current or prior phase of the project of which the proposed office development is a part satisfies any of the following criteria:

(a) Includes a parcel on-site or off-site in the South of Market Neighborhood of no less than 10,000 square feet to be deeded to the City for future development of affordable housing;

(b) Includes community arts PDR space or neighborhood-serving retail space of no less than 10,000 square feet that will be affordable to such tenants at no more than 60% of comparable market rent for no less than 30 years.

(c) Includes funding and construction of a new or replacement City public safety facility of no less than 10,000 square feet on-site or off-site in the South of Market Neighborhood.

(v) Approval of the proposed office development would not cause the total amount of additional office

development approved in the Central SoMa Plan Area to exceed the 6,000,000 square foot total allowed by Subsection (a) (6)(A).

(7) Office Jobs/Affordable Housing Balance Incentive Reserve. At the election of a project sponsor, the Planning Commission may grant an authorization for a proposed office development notwithstanding the limit specified in Subsection (a)(1) if all of the following criteria are satisfied:

(A) The proposed office development contains more than 49,999 square of additional office space.

(B) The proposed project of which the office development is a component includes development of New Affordable Housing units in an amount no less than 100% of the New Affordable Housing Units required to house the future employees of the proposed project’s office development in accordance with the City’s Affordable Housing Demand Ratio, and such units are either: (a) on-site, or (b) located off-site within a Community of Concern as designated by the Board of Supervisors and developed pursuant to a requirement included in a development agreement authorized by Government Code Section 65865 or any successor Section for the proposed office development. If the project sponsor elects to satisfy Section 415.5 of the Planning Code by payment of an Affordable Housing Fee to the City, then one-half (50%) of the New Affordable Housing Units credited to satisfaction of that inclusionary housing requirement by payment of the Fee in accordance with Subsection 515.5(b)(C) shall also be counted toward satisfaction of this Subsection (a)(7)(B). For projects developed in multiple phases as provided in an approved development agreement authorized by Government Code Section 65865 or any successor Section, the total of all New Affordable Housing Units required to be Produced by the development agreement in all phases shall be considered in evaluating a project sponsor's application for an allocation of office space pursuant to this Subsection (7) at any time.

(C) No other City of San Francisco Affordable Housing Development Funding will be used to fund capital development costs of such affordable housing component of the project.

(8) Additional office space in projects approved pursuant to Subsections (a)(6)(C) and (a)(7) shall be deducted from the amount otherwise available pursuant to Subsection (a)(1) in equal annual increments of one-tenth of such approved additional office space per year over a ten year period. The first such deduction shall occur at the outset of the approval period that commences following approval of the proposed project, and the nine subsequent deductions shall occur

annually at the outset of each approval period thereafter, until the proposed project’s entire allocation of additional office space has been deducted from the ten subsequent approval periods.

(b) Guidelines.

(1) During the approval period, the Planning Commission, and the Board of Supervisors and Board of Appeals on appeal from the Planning Commission shall approve, within the allowable limit, subject to Subsection (b)(2) of this Section, only those office developments which they shall determine in particular promote the public welfare, convenience and necessity, and shall be empowered under this Section to disapprove the remainder. The Planning Department shall issue to office developments so approved, in accord with Sections 320 through 323 of this Code, a project authorization.

(2) The following proposed office developments, subject to all other applicable sections of this Code and other applicable law, shall be approved under this Section in preference to all others:

(A) All proposed developments to the extent approval is required by court order; and, thereafter,

(B) Subject to Subsection (a)(1) of this Section, all proposed office developments which were approved by the Planning Commission during the approval period, but subsequently disapproved by any administrative appellate body or court, if and when said disapproval is later reversed.

(3) In determining which office developments best promote the public welfare, convenience and necessity, the Board of Supervisors, Board of Appeals and Planning Commission shall consider:

(A) Apportionment of office space over the course of the approval period in order to maintain a balance between economic growth, on the one hand, and housing, transportation and public services, on the other;

(B) The suitability of the proposed office development for its location, and any effects of the proposed office development specific to that location;

(C) Whether the proposed project includes development of New Affordable Housing Units such that all of the following criteria are satisfied:

(i) The New Affordable Housing units are on-site or located within a Community of Concern as designated by the Board of Supervisors;

(ii) The New Affordable Housing Units will be developed pursuant to a requirement included in a development agreement authorized by Government Code Section 65865 or any successor section for the proposed office development;

(iii) The number of New Affordable Housing Units is no less than 100% of the New Affordable Housing Units required to house the future employees of the proposed project’s office development in accordance with the City’s Affordable Housing Demand Ratio.

(D) The extent to which the project incorporates Community Improvements that exceed the requirements of zoning and City ordinances applicable to the project. “Community Improvement(s)” include construction, financing, land dedication, or land exchanges for the creation of any of the following facilities: community-serving facilities, including without limitation, childcare facilities, tot lots, community gardens, parks, indoor and outdoor neighborhood-oriented plazas and open space, neighborhood recreation centers, dog parks, public safety facilities, affordable space for community-serving retail services and food markets, and affordable space for community arts and cultural activities.

(4) Reserve for Smaller Buildings. In each approval period at least 75,000 square feet of office development shall be reserved for buildings between 25,000 and 49,999 square feet in gross floor area of office development. To the extent the total square footage allowed under this Subsection in any approval period is not allocated, the unallocated amount shall be carried over to the next approval period and added only to the Reserve for Smaller Buildings.

at least 75,000 square feet of office development shall be reserved for buildings between 25,000 and 49,999 square feet in gross floor area of office development. To the extent the total square footage allowed under this Subsection in any approval period is not allocated, the unallocated amount shall be carried over to the next approval period and added only to the Reserve for Smaller Buildings.

(5) With respect to any office development which shall come before the Board of Supervisors for conditional use review, that Board shall consider, in addition to those criteria made applicable by other provisions of law, the criteria specified in Subsection (b)(3). As to any such office development, the decision of the Board of Supervisors with respect to the criteria specified in Subsection (b)(3) shall be a final administrative determination and shall not be reconsidered by the Planning Commission or Board of Appeals.

(6) The Planning Commission shall establish procedures for coordinating review of project authorization applications under Section 322 with review under Section 309 of this Code. The Commission may hold hearings under Sections 309

and 322 in such sequence as it may deem appropriate, but may not issue any project authorization until the requirements of Section 309 have been satisfied.

(c) Appeal and Modification.

(1) If an approved office development is disapproved, or if a previously unapproved office development is approved, by a court or appellate agency, the list described in Subsection (a)(3) of this Section shall be revised accordingly at the time that the period for rehearing before the appellate body in question shall have lapsed. Approval on appeal of any office development, if conditioned on disapproval of another office development which was previously approved, shall not be effective before the time for rehearing with respect to the disapproval shall have lapsed.

(2) The amount of additional office space of any development shall not count against the maximum for the approval period, beginning from the time the office development loses its approved status on the Planning Department list under Subsection (c)(1); provided, however, that if a decision disapproving an office development permits construction of a part of the project, the permitted additional office space only shall continue to count against the maximum, unless and until all building or site permits for the development expire or are cancelled, revoked or withdrawn.

(3) Any modification of an approved office development, including, without limitation, modification by a court or administrative appellate agency, shall be governed by this Subsection, subject, in the case of a court order, to Subsection (b)(2)(A).

(A) Any office development which is modified for any reason after it is first approved so as to increase its amount of additional office space shall lose its approved status on the list described in Subsection (a)(3) at the time such modification is approved, and may be approved as modified only subject to the limits of Subsection (a)(1). Such a modified development shall not be constructed or carried out based on its initial approval. Approval on appeal of such a modified development, if approval would violate the maximum set forth in Subsection (a)(1) of this Section but for disapproval of another previously approved office development, shall not be effective, nor grounds for reliance, until the time for rehearing with respect to the disapproval shall have lapsed.

(B) An approved office development may be modified so as to reduce the amount of additional office space, subject to all authorizations otherwise required by the City. No additional office space shall become available for any other development during the approval period on account of such a modification, unless the modification is required by any appellate administrative agency or a court, in which case additional office space shall become available when the time for rehearing has lapsed.

(d) Unbuilt Projects; Progress Requirement.

(1) The maximum amount of additional office space for the approval period shall be increased by the amount of such space included in office developments which were previously approved during the period but for which during such period an issued site or building permit has been finally cancelled or revoked, or has expired, with the irrevocable effect of preventing construction of the office development.

(2) Construction of an office development shall commence within 18 months of the date the project is first approved, or, in the case of development in the C-3-O(SD) District the development shall commence within three (3) years. Notwithstanding the above provision, office projects larger than 500,000 gross square feet in the C-3-O(SD) District shall commence construction within five (5) years. Failure to begin work within that period, or thereafter to carry the development diligently to completion, shall be grounds to revoke approval of the office development. Neither the Department of Building Inspection nor the Board of Appeals shall grant any extension of time inconsistent with the requirements of this Subsection (d)(2).

(3) The Department of Building Inspection shall notify the Planning Department in writing of its approval for issuance and issuance of a site or building permit for any office development, and for any development under the jurisdiction of the Successor Agency to the Redevelopment Agency of the City and County of San Francisco or the Port Commission subject to Section 321(a)(2), and of the revocation, cancellation, or expiration of any such permit.

(e) Rules and Regulations. The Planning Commission shall have authority to adopt such rules and regulations as it may determine are appropriate to carry out the purposes and provisions of this Section and Sections 320, 322 and 323.

(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Proposition E, 3/3/2020, Eff. 4/17/2020; Proposition C, 3/5/2024, Eff. 4/12/2024)

AMENDMENT HISTORY

Division (d)(2) amended; Ord. 182-12 , Eff. 9/7/2012. Divisions (d)(2) and (d)(3) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (a)(1) redesignated as (a)(1)(A); divisions (a)(1)(B)-(C) and (a)(6)-(a)(8) added; former divisions (b)(3)(B)-(C) and (b)(3)(E)-(G) deleted; former division (b)(3)(D) redesignated as (b)(3)(B); divisions (b) (3)(C)-(D) added; Proposition E, 3/3/2020, Eff. 4/17/2020. Divisions (a)(1)(A)-(C) amended; division (a)(1)(D) added; Proposition C, 3/5/2024, Eff. 4/12/2024.

CODIFICATION NOTE

1. So in Proposition C, 3/5/2024.

SEC. 321.1. ANNUAL LIMIT ADJUSTMENT.

(a) It is the intention of the people of San Francisco that the annual limit on office development be reduced to account for the square footage resulting from the excessive number of building, alteration and site permits that were issued after November 29, 1984, the date the Planning Commission amended the General Plan to include the Downtown Plan.

(b) Not later than January 1, 1987 and January 1st of each subsequent year, the Planning Department shall survey the records of the Central Permit Bureau and any other necessary records to develop a list of the square footage of all office development projects for which building, alteration or site permits were issued after November 29, 1984 that have not lapsed or otherwise been revoked, and all office development projects reapproved by the City, the Successor Agency to the Redevelopment Agency of the City and County of San Francisco or the San Francisco Port Commission after November 29, 1984. Reapproval specifically includes any project reconsidered by any agency pursuant to a Court decision. This process shall continue until the Department is able to certify that all projects with approval dates on or before November 4, 1986 have received permits, have been abandoned or are no longer subject to litigation challenging their approval. Notwithstanding any other provision of the Planning Code or the former provisions of Subsection 320(g), all projects in excess of 24,999 square feet of additional office space shall be included in the survey. The list shall not include permits for projects authorized pursuant to the office development competition set out in Subsection 321(b) and Section 322. (c) Not later than February 1, 1987 and February 1st of each subsequent year as set out above, the Department shall certify in writing to the Planning Commission at a public hearing the list of all projects enumerated in Subsection (b) above, including the square footage of each project and the total of all such projects.

ice development competition set out in Subsection 321(b) and Section 322. (c) Not later than February 1, 1987 and February 1st of each subsequent year as set out above, the Department shall certify in writing to the Planning Commission at a public hearing the list of all projects enumerated in Subsection (b) above, including the square footage of each project and the total of all such projects.

(d) Within 30 days of receipt of the Department's certification, the Commission shall reduce the 950,000 square foot annual limit established in Subsection 321(a)(1) by 475,000 square feet per approval period until the amount of square footage remaining on the Department's list is reduced to zero.

(e) If the City has authorized more than 475,000 square feet as part of the office development competition set out in Subsection 321(b) and Section 322 prior to November 4, 1986, any amount exceeding 475,000 square feet shall be separately deducted from otherwise allowable square feet calculated pursuant to Subsection (d) above for the approval period and for subsequent approval periods until the total amount of square footage is reduced to zero. (Added by Proposition M, 11/4/86; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY

Division (b) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015.

SEC. 321.2. LEGISLATIVE REDUCTION OF ANNUAL LIMIT.

The Board of Supervisors is permitted to reduce the annual limit defined in Subsection 321(a)(1). (Added by Proposition M, 11/4/86)

SEC. 321.3. VOTER APPROVAL OF EXEMPTIONS OF OFFICE PROJECTS AUTHORIZED BY DEVELOPMENT AGREEMENTS.

Any office development approved pursuant to a development agreement under Government Code Section 65865 or any successor Section may only be exempted from the annual limit set forth in Subsection 321(a)(1) after the exemption for such office development has been approved by the voters at a regularly scheduled election. (Added by Proposition M, 11/4/86)

SEC. 321.4. CONVERTED SQUARE FOOTAGE; ANNUAL LIMIT INCREASE.

(a) Definitions. For purposes of this Section 321.4, the following terms have the following meanings:

“Converted Square Footage” means the total converted or demolished gross floor area of Office Space associated with a project that received on or after January 1, 1986: (1) a First Certificate of Occupancy authorizing the change of use of at least 10,000 square feet of gross floor area from Office Space to a non-office use, or (2) a completed permit, including any final inspections, to demolish at least 10,000 square feet of gross floor area of Office Space. “Converted Square Footage” includes the gross floor area associated with any approved Office Space, regardless of the type of Project Authorization approved for the Office Space, or if the Office Space was approved prior to November 29, 1984.

“First Certificate of Occupancy” has the meaning set forth in Section 401, as amended from time to time.

(b) Increases to Annual Limit.

(1) For any projects that convert or demolish Office Space on or after March 5, 2024, the Planning Department shall track the total Converted Square Footage resulting from the conversions and demolitions during each Approval Period, and add the total Converted Square Footage to the Large Cap Maximum annually.

(2) For any project that converted or demolished office space before March 5, 2024, the Large Cap Maximum shall be increased by the total Converted Square Footage of such projects no later than the Approval Period beginning October 17, 2024, consistent with the procedures in subsection (c), including any adjustments pursuant to subsection (c)(2).

(3) Any Converted Square Footage calculated pursuant to subsections (b)(1)-(2) of this Section 321.4 shall be treated the same as the newly available office development pursuant to Section 321(a)(1)(A), including being carried over to the next Approval Period; however, pursuant to Section 321(a)(1)(D), such Converted Square Footage shall not be subject to the reductions set forth in Section 321(a)(1)(C).

(c) Administration.

(1) No later than September 1, 2024, the Zoning Administrator shall publish an inventory of projects that converted or demolished Office Space between January 1, 1986 and March 5, 2024 (“Inventory”), inclusive, and the Converted Square Footage proposed to be added to the Large Cap Maximum for the Approval Period beginning October 17, 2024. The Zoning Administrator shall provide the public with an opportunity for meaningful review and comment on the Inventory. Following public review and comment, the Zoning Administrator shall adopt the Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The Zoning Administrator shall then update the Large Cap Maximum accordingly.

(2) Should the Zoning Administrator identify additional Converted Square Footage after the deadlines specified in subsection (c)(1), the Zoning Administrator shall publish an updated Inventory. Following public review and comment, the Zoning Administrator shall adopt the updated Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The new Converted Square Footage shall be added to the Large Cap Maximum for the Approval Period following final approval of the updated Inventory.

(3) In determining whether Converted Square Footage was lawfully converted or demolished for the purposes of this Section 321.4, the Zoning Administrator shall presume that such space was lawfully converted or demolished unless there is clear and convincing evidence otherwise.

(4) The Zoning Administrator is authorized to adopt such rules and regulations as the Zoning Administrator determines are appropriate to carry out the purposes and provisions of this Section 321.4, including but not limited to the

process for verifying increases to the Large Cap Maximum resulting from any Converted Square Footage.

(d) Loss of Existing Office Space. Upon the issuance of a First Certificate of Occupancy or completed demolition permit for a project that converted or demolished Office Space, the amount of Preexisting Office Space on the site shall be reduced by the amount of Converted Square Footage that was returned to the Large Cap Maximum. (Added by Proposition C, 3/5/2024, Eff. 4/12/2024)

SEC. 322. PROCEDURE FOR ADMINISTRATION OF OFFICE DEVELOPMENT LIMIT.

(a) Project Authorization Required. During the approval period, every site or building permit application for an office development must, before final action on the permit, include a copy of a project authorization for such office development, certified as accurate by the Planning Department. No such application shall be considered complete and the Department of Building Inspection shall not issue any such site or building permit unless such a certified copy is submitted. No site or building permit shall be issued for an office development except in accordance with the terms of the project authorization for such office development. Any such site or building permit which is inconsistent with the project authorization shall be invalid.

(b) Application for Project Authorization. During the approval period, an applicant for approval of an office development shall file an application for a project authorization with the Planning Department contemporaneously with the filing of an application for environmental evaluation for such development. Such application shall state such

information as the Planning Department shall require; provided, however, that an application for a project authorization for each office development for which an environmental evaluation application has been filed prior to the effective date of this Section, shall be deemed to have been filed effective as of the date such environmental evaluation application was filed.

(c) Processing of Applications.

(1) The approval period shall be divided into such review periods as the Planning Commission shall provide by rule. The first review period shall commence on the effective date.

(2) Applications for project authorizations shall be considered by the Planning Commission during a specific review period in accordance with the following procedures:

(A) During a specific review period the Planning Commission shall consider all project authorization applications for which, prior to the first day of such review period, a final Environmental Impact Report has been certified, or a final Negative Declaration has been issued, or other appropriate environmental review has been completed; provided, however, that during the first review period, the Planning Commission shall consider only those office developments for which (i) an environmental evaluation application and a site or building permit application were submitted prior to June 1, 1985, or (ii) a draft environmental impact report or a preliminary negative declaration was published prior to the effective date.

een completed; provided, however, that during the first review period, the Planning Commission shall consider only those office developments for which (i) an environmental evaluation application and a site or building permit application were submitted prior to June 1, 1985, or (ii) a draft environmental impact report or a preliminary negative declaration was published prior to the effective date.

(B) The Planning Commission may hold hearings on all project authorization applications assigned to a specific review period before acting on any such application.

(C) In reviewing project authorization applications, the Planning Commission shall apply the criteria set forth in Section 321, and shall, prior to the end of such a review period, approve, deny, or, with the consent of the applicant, continue to the next subsequent review period each such application based on said criteria.

(D) Notwithstanding any other provisions of this Section or Section 321, the Planning Commission may at any time, after a noticed hearing, deny or take other appropriate action with respect to any application for a project authorization as to which environmental review, in the judgment of the Commission, has not been or will not be completed in sufficient time to allow timely action under applicable law.

(E) Any project authorization application which is denied by the Planning Commission, unless such denial is reversed by the Board of Appeals or Board of Supervisors, shall not be resubmitted for a period of one year after denial.

(d) Appeal of Project Authorization. The Planning Commission’s determination to approve or deny the issuance of a project authorization may be appealed to the Board of Appeals within 15 days of the Commission’s issuance of a dated

written decision pursuant to the procedural provisions of Section 308.2 of this Code, except in those cases where either (i) a conditional use application was filed, or (ii) the project would proceed under terms of a development agreement authorized by Government Code Section 65865 or any successor section. In such case, the decision of the Planning Commission may be appealed only to the Board of Supervisors pursuant to Section 308.1 of this Code. The decision on the project authorization by the Board of Appeals or Board of Supervisors shall be the final administrative determination as to all matters relating to the approval of the office development that is the subject of the project authorization, except for matters, not considered in connection with the project authorization, which arise in connection with a subsequent building or site permit application for the development in question.

(e) Modification of Project Authorization. The Planning Commission may approve a modified project authorization, after a noticed hearing, during the review period in which the initial project authorization was approved or a subsequent review period. Approval or denial of a modified project authorization shall be subject to appeal in accord with Subsection (d).

(f) No Right to Construct Conveyed. Neither approval nor issuance of a project authorization shall convey any right to proceed with construction of an office development, nor any right to approval or issuance of a site or building permit or any other license, permit, approval or authorization which may be required in connection with said office development. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 255-88, App. 6/22/88; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Proposition E, 3/3/2020, Eff. 4/17/2020)

AMENDMENT HISTORY

Division (a) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (d) amended; Proposition E, 3/3/2020, Eff. 4/17/2020.

SEC. 323. OFFICE DEVELOPMENT: PREAPPLICATION PROCEDURE.

The Planning Commission may by rule permit such persons as elect to do so, to submit a preliminary application on a proposed office development before submitting any application for a project authorization. Such a preliminary application shall contain such information as the Commission may require. With respect to each proposed office development for which all the information required by the Planning Department is timely submitted to the Department, the Director of Planning or his designee shall, in writing, issue an advisory opinion to the person submitting such information, as to whether he or she at that time intends to recommend, based on the information submitted to him or her, the proposed development for denial by the Planning Commission. The advice and recommendation of the Director shall neither convey, nor foreclose, any right to proceed with a project authorization application or the development and shall constitute neither approval nor denial of the development. The Director's recommendations under this Section shall be governed by Section 321(b) of this Code.

(Added by Ord. 414-85, App. 9/17/85; 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.

SEC. 324. FINDINGS.

• (a) The Board of Supervisors declares that it is the policy of the City and County of San Francisco to:

• (1) Provide a quality living and working environment for residents and workers;

• (2) Foster the diversified development of the City, providing a variety of economic and job opportunities;

• (3) Maintain a balance between economic growth, on the one hand, and housing, transportation and public services in general, on the other, and encourage a rate of growth consistent with transportation and housing capacity;

• (4) Prevent undesirable effects of development on local air quality and other environmental resources; and

• (5) Encourage development projects of superior design, optimum location and other desirable characteristics.

(b) In recent years, office development in the City has increased dramatically. Office development has already affected housing, transportation and parking capacities.

(c) The City has only limited legal authority to direct or control physical development, whether for office use or not, on land covered by approved redevelopment plans or under the jurisdiction of the Port Commission.

(d) There are competing legitimate public interests which must be balanced in the planning process. Environmental concerns are of great importance, but must be balanced against the need for continued, healthy economic growth and job creation, maintenance of municipal revenues for the provision of social services, effective preservation of historic buildings and other considerations.

(e) Based on developments proposed to date, general economic conditions affecting San Francisco, and the trend in recent years of an increasing rate of office development, it is likely that excessive office development will come before City agencies for authorization and approval during the years 1985 through 1988, and possible that excessive development would continue thereafter. It is therefore appropriate to approve during the three years after adoption of this ordinance only particular, proposed developments which serve the public interest, convenience and necessity, and to similarly limit approvals for further periods to the extent excessive development might otherwise continue to occur.

(f) Sections 320 through 324 of this ordinance are intended to further the policies noted in Subsection (a) and to aid in responding to the effects noted in Subsection (b), with due regard to the factors set forth in Subsections (c) and (d), by authorizing more effective regulation of the rate, distribution, type and quality of office development in the City and County of San Francisco. Control of office development will afford additional time to analyze and meet its effects. (Added by Ord. 414-85, App. 9/17/85)

SEC. 324.1. DEVELOPMENT IN HUNTERS POINT SHIPYARD PHASE 2 AND CANDLESTICK POINT.

(a) For purposes of this Section 324.1, “Development” includes, without limitation, development, redevelopment, reuse and reoccupancy; and the "Subject Property" is comprised of property within the dotted lines depicted on the following maps:

(b) Notwithstanding Part 2 - Annual Limit of Proposition M (November 1986) and other provisions of any San Francisco Code, the terms “office development,” “office space,” and “additional office space,” when used in Sections 320325 of this Planning Code, shall not include Development on the Subject Property.

(c) No project authorization or allocation shall be required for any Development on the Subject Property. However, Development on the Subject Property that would require a project authorization or allocation but for this Section 324.1 shall be treated for all purposes as if it had been granted approval of a project authorization or allocation.

(d) Development on the Subject Property shall not affect the annual limit or the unallocated amount referenced in Sections 320-324. The amount of office development for which project authorizations may be granted under Sections 320324 on properties other than the Subject Property shall be determined without regard to the amount of Development on the Subject Property.

(Added by Proposition O, 11/8/2016)

SEC. 325. SUNSET CLAUSE.

The limit on office development set out in Planning Code Sections 320, 321, 322, 323, 324 and 324.1 as of October 17, 1985, as amended by the voters on November 4, 1986 and November 8, 2016, shall remain in effect until amended or repealed by the voters of San Francisco at a regularly scheduled election.

(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Proposition O, 11/8/2016)

SEC. 326. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.1. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.2. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.3. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.4. [REPEALED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.5. [REPEALED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.6. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.7. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 326.8. [REDESIGNATED.]

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.1. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.2. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.3. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.4. [REPEALED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.5. [REPEALED.]

(Repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 327.6. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 328. HOME-SF PROJECT AUTHORIZATION.

(a) Purpose. The purpose of this Section 328 is to ensure that all HOME-SF projects under Section 206.3 are reviewed in a timely manner. While most projects in the HOME-SF Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.

(b) Applicability. This Section 328 applies to all qualifying HOME-SF Projects that meet the requirements described in Section 206.3.

(c) Planning Commission Design Review. The Planning Commission shall review and evaluate all physical aspects of a HOME-SF Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be larger in height and mass than surrounding buildings in order to achieve HOME-SF’s affordable housing goals. However, the Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale. The Planning Commission, upon recommendation of the Planning Director, may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.

Additionally, as set forth in subsection (d) below, the Planning Commission may grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.3. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail.

The Planning Commission may require these or other modifications or conditions, or disapprove a project, in order to achieve the objectives and policies of the Affordable Housing Bonus Programs or the purposes of this Code. This review shall limited to design issues including the following:

• (1) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines.

(2) whether building design elements including, but not limited to architectural treatments, facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines.

(3) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.

• (4) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines.

(5) if the project involves the merging of two or more lots resulting in more than 125 feet in lot frontage on any one street, whether the project is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.

(d) Exceptions. As a component of the review process under this Section 328, the Planning Commission may grant minor exceptions to the provisions of this Code as provided for below, in addition to the development bonuses granted to the project in Section 206.3. Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Commission finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the HOME-SF Program under Section 206.3, and also are consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include:

• (1) Exception from residential usable open space requirements per Section 135, or any applicable special use district.

• (2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district.

• (3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district.

• (4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district.

• (5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district.

(6) Where not specified elsewhere in this subsection (d), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located.

• (e) Required Findings. In its review of any project pursuant to this Section 328, the Planning Commission shall make the following findings:

• (1) the use as proposed will comply with the applicable provisions of this Code and is consistent with the General Plan; and

• (2) the use as proposed will provide development that is in conformity with the stated purpose of the applicable Use District.

• (f) Additional Criteria. The Planning Commission shall consider the extent to which the following criteria are met:

• (1) whether the project would require the demolition of an existing building;

• (2) whether the project would remove existing commercial or retail uses;

• (3) If the project would remove existing commercial or retail uses, how recently the commercial or retail uses were occupied by a tenant or tenants;

• (4) whether the project includes commercial or retail uses;

• (5) whether there is an adverse impact on the public health, safety, and general welfare due to the loss of commercial or retail uses in the district where the project is located; and

• (6) whether any existing commercial or retail use has been designated, or is eligible to be designated, as a Legacy Business under Administrative Code Section 2A.242; or is a formula retail business.

(g) Other Required Findings. Pursuant to Section 206.3(e)(4), 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, then the Planning Commission shall make any findings or comply with any criteria required by such conditional use requirement. If a HOME-SF Project would otherwise require a conditional use authorization to provide parking in excess of what is principally permitted, the Planning Commission shall make the findings required by Section 151.1(f) as part of the Section 328 HOME-SF Project Authorization.

(h) Hearing and Decision.

(1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this 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.

(2) Notice of Hearing. Notice of such hearing shall be provided pursuant to the same requirements for Conditional Use requests, as set forth in Sections 306.3 and 306.8.

(3) Director’s Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to subsection (d).

.** At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to subsection (d).

(4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove, or approve subject to conditions, the project and any associated requests for exceptions. As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code.

(5) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with the Board of Appeals, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Section 328 or abuse of discretion on the part of the Planning Commission. The procedures and requirements for appeals in Section 309(e)(3) and (4) shall apply to appeals to the Board of Appeals under this Section 328.

(6) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section 328.

(7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section 328.

(8) In no case may a project approved or approved with conditions under this Section 328 receive a site permit or any demolition permit prior to 18 months from the date of written notification required by 206.3(e)(1)(D).

(9) Expiration of Planning Commission approval. Authorization of a HOME-SF Project under this Section 328 shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 36 months of the date of Planning Commission approval. Such deadline shall be extended in the event of any appeal of such authorization for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.

(Added by Ord. 198-18, File No. 180456, App. 8/10/2018, Eff. 9/10/2018; Ord. 15-19, File No. 181046, App. 2/8/2019, Eff. 3/11/2019)

(Former Sec. 328 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; repealed by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; also shown as deleted in Ord. 198-18, File No. 180456)

(Former Sec. 328 added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 428A by Ord. 270-10, File No. 100917, App. 11/5/2010)

AMENDMENT HISTORY Division (g) amended; Ord. 15-19, Eff. 3/11/2019.

Editor’s note:

Ord. 179-18 repealed former Sec. 328, and added provisions on 100 Percent Affordable Housing Bonus Project Authorization at Sec. 315.1.

SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

(a) Purpose. The purpose of this Section is to ensure that all large projects proposed in the Eastern Neighborhoods Mixed Use Districts are reviewed by the Planning Commission, in an effort to achieve the objectives and policies of the General Plan, the applicable Design Guidelines, and the purposes of this Code.

(b) Applicability. This Section applies to all projects in the Eastern Neighborhoods Mixed Use Districts, except projects in the Western SoMa Special Use District that are subject to Section 823(c)(11), that meet at least one of the following criteria:

• (1) Outside the Central SoMa Special Use District.

(A) The project includes the construction of a new building greater than 75 feet in height (excluding any exceptions permitted pursuant to Section 260(b)), or includes a vertical addition to an existing building with a height of 75 feet or less resulting in a total building height greater than 75 feet; or

• (B) The project involves a net addition or new construction of more than 25,000 gross square feet.

• (2) Within the Central SoMa Special Use District.

(A) The project includes the construction of a new building greater than 85 feet in height (excluding any exceptions permitted pursuant to Section 260(b)), or includes a vertical addition to an existing building with a height of 85 feet or less resulting in a total building height greater than 85 feet; or

• (B) The project involves a net addition or new construction of more than 50,000 gross square feet.

(c) Planning Commission Design Review. As set forth in subsection (e), below, the Planning Commission shall

review and evaluate all physical aspects of a proposed project at a public hearing. At such hearing, the Director of Planning shall present any recommended project modifications or conditions to the Planning Commission, including those which may be in response to any unique or unusual locational, environmental, topographical or other relevant factors. The Commission may subsequently require these or other modifications or conditions, or disapprove a project, in order to achieve the objectives and policies of the General Plan or the purposes of this Code. This review shall address physical design issues including but not limited to the following:

• (1) Overall building massing and scale;

• (2) Architectural treatments, facade design and building materials;

• (3) The design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and the design and siting of rear yards, parking and loading access;

• (4) The provision of required open space, both on- and off-site. In the case of off-site publicly accessible open space, the design, location, access, size, and equivalence in quality with that otherwise required on-site;

(5) The provision of mid-block alleys and pathways on frontages between 200 and 300 linear feet per the criteria of Section 270, and the design of mid-block alleys and pathways as required by and pursuant to the criteria set forth in Section 270.2;

• (6) Streetscape and other public improvements, including tree planting, street furniture, and lighting;

• (7) Circulation, including streets, alleys and mid-block pedestrian pathways;

• (8) Bulk limits;

(9) In projects containing ground-level commercial space, that such commercial spaces are sized so as to provide spaces for individual uses in a range of sizes, including small enterprises; and

(10) Other changes necessary to bring a project into conformance with any relevant design guidelines, Area Plan, or Element of the General Plan.

(d) Exceptions. As a component of the review process under this Section 329, projects may seek specific exceptions to the provisions of this Code as provided for below:

(1) Exceeding the principally permitted accessory residential parking ratio described in Section 151.1 and pursuant to the criteria therein;

(2) Exception from residential usable open space requirements. In circumstances where such exception is granted, a fee shall be required pursuant to the standards in Section 427.

(3) Modification of the horizontal massing breaks required by Section 270.1 in light of any equivalent reduction of horizontal scale, equivalent volume of reduction, and unique and superior architectural design, pursuant to the criteria of Section 270.1(d).

(4) Exception from satisfaction of loading requirements of Section 152.1 as specified therein. In the Central SoMa SUD, the Commission may consider the project’s Driveway and Loading Operations Plan (DLOP) pursuant to Section 155(u) in making its determination.

(5) Exception to height limits for vertical non-habitable architectural elements described in Section 263.21 and pursuant to the criteria therein;

(6) Exception to volumetric limitations for roof enclosures and screens pursuant to Section 260(b)(1)(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building;

(7) Provision of the required minimum dwelling unit mix, as set forth in Section 207.6, pursuant to the criteria of Section 305(c);

(8) Exception for rear yards, pursuant to the requirements of Section 134(f);

(9) The number of Designated Office Stories for projects which are subject to vertical office controls pursuant to Section 210.3C or Section 803.9(h) and contain more than one building on the project site, so long as

(A) an increase in the number of Designated Office Stories would result in a total square footage of office space no greater than that which would otherwise be permitted by the project.

(B) Office Uses are consolidated within a lesser number of buildings than would otherwise be the case, and

(C) the resulting location and mix of uses increases the project's consistency with nearby land uses.

(10) Relief from dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts under Article 10 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met:

(A) literal enforcement of Section 140 would result in the material impairment of the historic resource; and

(B) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code.

(11) Flexible Units: Modification of the accessory use provisions of Section 803.3(b)(1)(c) for Dwelling Units. Dwelling Units modified under this Subsection shall continue to be considered Dwelling Units for the purposes of this Code and shall be subject to all such applicable controls and fees. Additionally, any building that receives a modification pursuant to this Subsection shall (i) have appropriately designed street frontages to accommodate both residential and modified accessory uses and (ii) obtain comment on the proposed modification from other relevant agencies prior to the Planning Commission hearing, including the Fire Department and Department of Building Inspection. Modifications are subject to the following:

(A) A modification may only be granted for the ground floor portion of Dwelling Units that front on a street with a width equal to or greater than 40 feet.

(B) The accessory use may only include those uses permitted as of right at the subject property. However, uses permitted in any unit obtaining an accessory use modification may be further limited by the Planning Commission.

• (C) The Planning Commission may grant exceptions to the size of the accessory use, type and number of employees, and signage restrictions of the applicable accessory use controls.

(12) Where not specified elsewhere in this subsection (d), exceptions to other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located, except that such exceptions shall not be permitted for projects in the Central SoMa Special Use District.

• (13) For development located within the Central SoMa SUD:

• (A) Exception to the building separation requirements pursuant to Section 132.4(d)(3)(B).

• (B) Exception to the freight loading requirements, pursuant to Sections 152.1, 154, and 155.

• (C) Exception to Dwelling Unit Exposure requirements pursuant to Sections 140 and 249.78(d)(11).

• (D) Exception to the Controls for Wind pursuant to Section 249.78(d)(9).

• (E) Exception to the lot coverage limits of Section 249.78(d)(6) for conversions of existing non-residential structures to residential use.

(e) Exceptions for Key Sites in Central SoMa.

(1) Purpose. The Central SoMa Plan Area contains a number of large, underutilized development sites. By providing greater flexibility in the development of these sites, the City has an opportunity to achieve key objectives of the Central SoMa Plan and to locate important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa.

(2) Applicability. The controls discussed below apply to the following lots, as identified in the Key Site Guidelines adopted by the Central SoMa Area Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184):

(A) The southwest corner of the intersection of 5th Street and Howard Street, consisting of Block 3732, Lots 003, 004, 005, 099, 100, 145A, 146, and 149, as well as any other parcels included as part of the same development application for one of these lots;

• (B) The southeast corner of the intersection of 4th Street and Harrison Street, consisting of Block 3762, Lots 106, 108, 109, 112, 116, and 117;

• (C) The southwest corner of the intersection of 2nd Street and Harrison Street, consisting of Block 3763, Lots 001, 078, 079, 080, 080A, 081, 099, 100, 101, 105, 112, and 113.

• (D) The northeast corner of the intersection of 4th Street and Brannan Street, consisting of Block 3776, Lot 025;

• (E) The northeast corner of the intersection of 5th Street and Brannan Street, consisting of Block 3777, Lots 045, 050, 051, and 052;

• (F) The southern half of the block north of Brannan Street between 5th Street and 6th Street, consisting of Block 3778, Lots 001B, 002B, 004, 005, 047, and 048;

• (G) The southeast corner of the intersection of 5th and Brannan Streets, consisting of Block 3786, Lots 036 and 037; and

• (H) The northeast corner of the intersection of 4th and Townsend Streets, consisting of Block 3787, Lots 026, 028, 050, 161, 162, 163, and 164.

(3) Controls. Pursuant to this Section 329(e) and the Key Site Guidelines adopted as part of the Central SoMa Area Plan, the Planning Commission may grant exceptions to the provisions of this Code as set forth in subsection (d) above and may also grant the exceptions listed below for projects that provide qualified amenities in excess of what is required by the Code.

(A) Qualified Amenities. Qualified additional amenities that may be provided by these Key Sites include: affordable housing beyond what is required under Section 415 et seq. ; land dedication pursuant to Section 413.6 by nonresidential projects for construction of affordable housing in partial or full satisfaction of the Jobs-Housing linkage Fee, or

in excess of that required to satisfy the Jobs-Housing linkage Fee, provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.6; land dedication pursuant to Section 413.6 by residential projects for construction of affordable housing in partial or full satisfaction of the Alternatives to the Inclusionary Housing Fee, or in excess of that required to satisfy the Alternatives to the Inclusionary Housing Fee, pursuant to Section 419.5, to the extent permitted by state law, provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.6; PDR at a greater amount and/or lower rent than is otherwise required under Sections 202.8 or 249.78(c)(5); public parks, recreation centers, or plazas; and improved pedestrian networks.

(B) Exceptions. Upon consideration of qualified amenities in excess of what is required by the Code, the Planning Commission may grant one or more exceptions to the following requirements: the streetwall and setback controls in Section 132.4; the building separation controls in Section 132.4, including but not limited to the controls in subsection 132.4(d)(3)(B); the setback requirements in Section 261.1; bulk controls in Section 270(h); and the lot merger restrictions in Section 249.78(d)(7).

In addition to these exceptions, the Planning Commission may grant one or more of the following exceptions:

(i) On the Key Site identified in Section 329(e)(2)(B), the apparent mass reduction controls in Table 270(h) may be reduced as follows: (A) on the building frontage on Harrison Street, a reduction in the apparent mass reduction requirement to 50%; (B) on the building frontage on Fourth Street, elimination of the apparent mass reduction requirement.

(ii) On the Key Site identified in Section 329(e)(2)(C), exception to the lot coverage limits in Section 249.78(d) (6), the micro-retail requirement in 249.78(c)(4), the active use requirement in Section 145.1, and the ground floor commercial use requirements in Section 145.4. In addition, the site may be permitted to seek a Conditional Use Authorization to establish a Formula Retail Limited Restaurant, pursuant to Section 303.1. In addition, any indoor POPOS on the site may be deemed to satisfy the requirements of Sections 135(h) and 135.3.

(iii) On the Key Site identified in Section 329(e)(2)(D), exception to the requirement in Section 138(d)(2)(E)(i) that ground floor POPOS be open to the sky.

(iv) On the Key Site identified in Section 329(e)(2)(E), exception to the lot coverage limits in Section 249.78(d) (6), the requirement that POPOS be open to the sky in Section 138, the street frontage requirements in Section 145.1, and the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r).

(v) On the Key Site identified in Section 329(e)(2)(G), exception to the PDR space requirements of Section 249.78(c)(5).

(vi) On the Key Site identified in Section 329(e)(2)(H), exception to the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r), the street frontage requirements in Section 145.1, the required ground floor commercial uses in Section 145.4, the requirement that at least two-thirds of the Gross Floor Area of all building area below 160 feet be non-residential in Section 249.78(c)(6), and the requirement in Section 138(d)(2)(E)(i) that ground floor POPOS be open to the sky. In addition, the usable open space requirement pursuant to Section 135 may be reduced to 60 square feet of usable open space required for each dwelling unit if not publicly accessible.

(vii) On the Key Site identified in Section 329(e)(2)(F), the Planning Commission may grant one or more of the following exceptions:

a. Exception to the off-street parking controls of Section 151.1 to allow additional accessory PDR parking solely to serve the tenants and customers of the site.

b. Exception to the requirement that POPOS be open to the sky in Section 138(d)(2)(E)(i), to allow a cumulative maximum of 20% of the POPOS to be covered by any combination of (a) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 20' and maximum depth from face of overhead building of 15', or (b) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 50' and minimum horizontal dimension in all directions of 20'.

c. Exception to the transparency and fenestration requirements of Section 249.78(c)(1)(F) on 5th Street between Brannan and Bryant Streets, and along Morris Street.

d. Exception to the protected street frontage requirements of Section 155(r) on 5th Street between Brannan and Bryant Streets.

e. Exception to the PDR floor-to-floor height requirements set forth in Section 249.78(d)(10), such that up to a maximum of 10% of the ground floor gross floor area may have less than a 17-foot floor-to-floor height.

f. Exceptions to the overhead horizontal projection requirements set forth in Section 136(c)(5) and to the design and performance standards related to required mid-block alleys set forth in Section 270.2(e)(6); to allow for a maximum of three pedestrian bridges over a required mid-block alley, provided that the pedestrian bridges leave at least 70 feet of headroom, are no greater than 12 feet in width, are single story, and are situated no less than 50 feet apart. Notwithstanding subsection (vii)(b), pedestrian bridges provided pursuant to this subsection (vii)(f) shall be deemed obstructions permitted pursuant to Section 136, and POPOS area situated under any such pedestrian bridges shall count toward the total on-site POPOS area open to the sky.

headroom, are no greater than 12 feet in width, are single story, and are situated no less than 50 feet apart. Notwithstanding subsection (vii)(b), pedestrian bridges provided pursuant to this subsection (vii)(f) shall be deemed obstructions permitted pursuant to Section 136, and POPOS area situated under any such pedestrian bridges shall count toward the total on-site POPOS area open to the sky.

g. Exception to the POPOS requirements set forth in Section 138, such that if any required off-site POPOS cannot reasonably be developed and open for use prior to issuance of a first certificate of occupancy for the phase of construction that triggers the off-site POPOS requirement, the project sponsor may either (1) post a performance bond in form and content acceptable to the Director of Planning so as to ensure completion of the off-site POPOS at a later date; or (2) satisfy the requirement for off-site POPOS by paying the in-lieu fee established in Section 426 for each square foot of required open space not provided on- or off-site, up to a maximum of 5,300 square feet.

h. Exception to the parking pricing requirements set forth in Section 155(g), such that the otherwise applicable parking rate structure shall not apply to Flower Mart tenants or Flower Mart customers.

i. Exception to the requirement to provide three square feet of Gross Floor Area for Residential Use for every square foot of Non-Residential Use on the portion of this Key Site zoned MUR, set forth in Sections 803.9(a) and 841, if there is a dedication and acceptance of land for affordable housing or other appropriate public use, as determined by the City. Notwithstanding Section 413.7, the land so dedicated shall be:

1. at least 14,000 square feet,

2. zoned to allow Residential Use,

3. approved by the Mayor’s Office of Housing and Community Development as an acceptable site for the development of affordable housing,

4. dedicated and accepted prior to issuance of the first Temporary Certificate of Occupancy for any building on the Key Site, and

5. located within the boundaries of either the Central SoMa, Eastern SoMa, or Western SoMa Area Plans.

j. Exception to the child-care facility requirements set forth in Section 249.78(e)(4) and Sections 414-414.15, if the project at the Key Site allows for at least 97,000 square feet of Wholesale Sales Use, and the project sponsor pays the in-lieu fee set forth in Section 414.8.

k. If the Board of Supervisors has approved a development agreement for the project at this Key Site that provides for the relocation of, or funding for the relocation of, the existing on-site PDR use, the Planning Commission may grant the following exceptions:

1. Exception to the PDR and Community Building Space requirements in Section 249.78(c)(5); provided that the project shall be required to dedicate at least 23,000 square feet of on-site Community Building Space or PDR.

2. Exception to the PDR replacement requirements set forth in Section 202.8.

3. Exception to the maximum dimensions for lobby frontages set forth in Section 145.1(b)(2)(C), such that lobbies exceeding such dimensions qualify as active uses under Section 145.1 and Section 249.78(c)(1)(A).

(4) Determination. In granting such exceptions, the Planning Commission shall determine that the provision of the proposed amenities and exceptions would meet the following criteria:

(A) The amenities and exceptions would, on balance, be in conformity with and support the implementation of the Goals, Objectives, and Policies of the Central SoMa Plan,

(B) The amenities would result in an equal or greater benefit to the City than would occur without the exceptions, and

(C) The exceptions are necessary to facilitate the provision of important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa.

(f) Hearing and Decision.

(1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this Section.

(2) Notice of Hearing. Notice of such hearing shall be provided as required by Section 333 of this Code.

(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to Subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (d).

(4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove or approve subject to conditions, the project and any associated requests for exception. As part of its review and decision, the Planning Commission may impose additional conditions, requirements,

modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code.

(5) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.

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

(7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 98-17, File No. 160281, App. 5/19/2017, Eff. 6/18/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 29618, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 001-20, File No. 190681, App. 1/10/2020, Eff. 2/10/2020, Oper. 2/10/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)

AMENDMENT HISTORY

Division (b) amended; new divisions (d)(9) and (d)(10) added and former division (d)(9) redesignated as (d)(11); Ord. 196-11 , Eff. 11/3/2011. Division (b) amended; Ord. 42-13 , Eff. 4/27/2013. Divisions (d)(2) and (d)(6) amended; former divisions (d)(9)(i)-(ii) redesignated as (d)(9)(A)-(B); division (d)(10) amended; former divisions (d)(10)(i)-(iii) redesignated as (d)(10)(A)-(C); Ord. 188-15 , Eff. 12/4/2015. New division (d)(6) added and former divisions (d)(6)-(11) redesignated as (d)(7)-(12); current division (d)(9) amended; Ord. 102-16 , Eff. 7/24/2016. Division (d)(7) amended; Ord. 98-17, Eff. 6/18/2017. Division (e)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (b) and (d)(12) amended; former divisions (b)(1)-(2) and (e)-(e)(7) redesignated as (b)(1)(A)-(B) and (f)-(f)(7), respectively; new divisions (b)(2)-(b)(2)(B), (d)(4), (d)(13), and (e)-(e)(4)(C) added; Ord. 296-18 , Eff. 1/12/2019. Division (e)(3)(A) amended; Ord. 251-19 , Eff. 12/16/2019. Divisions (e)(3)(B)(vii) and (e)(3)(B)(vii)c. amended; new divisions (e)(3)(B)(vii)e.-(e)(3)(B)(vii)k.3. added; Ord. 001-20 , Oper. 2/10/2020. Former division (d)(4) existing prior to Ord. 296-18 deleted; Ord. 47-21, Eff. 5/17/2021.

Division (c) amended; former division (c)(9) redesignated as (c)(10) and amended; new division (c)(9) added; Ord. 70-23, Eff. 6/3/2023. Division (e)(3)(B)(vi) amended; Ord. 37-25, Eff. 5/4/2025.

SEC. 330. PURPOSE AND COASTAL ZONE PERMIT AREA.

(a) Purpose. The purpose of Sections 330 through 330.16 is to implement the process of reviewing projects within the Coastal Zone for consistency with the San Francisco Local Coastal Program as required by the California Coastal Act of 1976 as amended.

(b) Coastal Zone Permit Area. The following regulations pertain to the San Francisco Coastal Zone Area designated on Section Maps CZ4, CZ5, and CZ13 of the Zoning Map.

(Ord. 509-85, App. 11/22/85)

SEC. 330.1. PROJECTS REQUIRING COASTAL ZONE PERMIT REVIEW.

(a) All private projects, except those specifically exempt, shall be required to apply to the San Francisco Planning Department for a Coastal Zone Permit for demolition, construction, reconstruction, alterations, change of use, change of occupancy, condominium conversions or any other development on or affecting real property located within the designated boundary of the Coastal Zone.

(b) All public projects, except those specifically exempt, shall be required to apply to the San Francisco Planning Department for a Coastal Zone Permit, including any development project or change of use in the Coastal Zone area of Golden Gate Park, the Zoo, or the Lake Merced area.

(c) A Coastal Zone Permit shall be required in addition to any other permit application which may be required elsewhere by the Planning Code, Building Code, or other Municipal Code.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.2. DEFINITIONS.

For the purposes of Sections 330 through 330.16, the following definitions shall apply:

(a) An "aggrieved person" for the purpose of appeals to the California Coastal Commission shall be any person who appears at a public hearing in connection with a decision or action appealed to the California Coastal Commission, or who by other appropriate means informed in writing the Zoning Administrator, Planning Commission, or Board of Appeals.

(b) "Emergency" is defined as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(c) "Environmentally sensitive habitat" is any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

(d) The "Local Coastal Program" shall be the San Francisco Western Shoreline Plan, a part of the City's General Plan, and any of its implementation programs issue papers and any other documents certified by the California Coastal Commission.

(e) A "project" shall be any of the following:

(1) Construction, reconstruction, demolition or alteration of the size of any building, including any facility of any private, public or municipal utility;

(2) Change in the density or intensity of use of land, including but not limited to subdivision(s) and any other division of land, including P lot splits, except where the land is for the purchase of such land by a public agency for public recreational use;

(3) The placement, building or construction of any solid material or structure, including but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line;

• (4) Grading, removing, dredging, mining or extraction of any material;

(5) Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste, and the mining or extraction of any material;

• (6) Change in the intensity or use of a body of water, or stream, or access thereto;

(7) The removal or harvesting of major trees, rare or endangered species, and permanently established riparian vegetation other than for agricultural purposes.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.3. PROJECTS EXEMPT FROM COASTAL ZONE PERMIT REVIEW.

No Coastal Zone Permit shall be required for the following projects:

(a) Enlargement, alteration or reconstruction of any existing single-family residence;

(b) Enlargement or alteration of any structure other than a single-family residence or a public structure or facility, provided that these improvements do not have an adverse environmental effect, adversely affect public access, or involve a change in use contrary to any policy of the Local Coastal Program;

(c) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of a structure or use, provided that it does not fall within the requirement in Section 330.4(e), (h), and (i);

(d) The replacement of any structure, other than a public structure or facility, destroyed by natural disaster. Such replacement structure shall (1) Conform to applicable Building Code, other standards of this Code and zoning requirements, and other applicable Municipal Code, (2) shall be for the same use as the destroyed structure, (3) shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and (4) shall be sited in the same location on the affected property as the destroyed structure;

(e) The conversion of any existing multiple-unit residential structure to a time-share project, resort club, vacation club, estate, or other short-term use;

(f) The installation, testing and placement in service, or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this code.

(g) Recreation and park tree trimming, reforestation and support services, landscaping improvements, vegetation removal and seasonal planting, replacement planting, maintenance, and other park landscaping and planting improvements, provided that this activity does not involve a change contrary to any policy of the Coastal Program;

(h) Recreation and Park Department road maintenance, repairs, facilities and street lighting, and road and circulation improvements as proposed in the Golden Gate Park Transportation Management Plan;

(i) Recreation and Park Department play structures, maintenance, and any other Park and Recreation activity that requires no building permit or is subject to Section 330.4 (a) through (h) of this code;

(j) Maintenance dredging of existing navigation channels or moving dredged materials from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers;

(k) Maintenance improvements, and any other projects within the United States Federal lands in designated Golden Gate National Recreation Areas.

(Ord. 509-85, App. 11/22/85)

SEC. 330.4. PROJECTS SUBJECT TO COASTAL ZONE PERMIT REVIEW.

A Coastal project as defined in Section 330.2(d).

(a) Construction of any residential or commercial building, structure, or project as defined in Section 330.2(e).

(b) Any alteration, enlargement or reconstruction of a structure or building which increases the intensity of use of the structure or building.

(c) Any alteration, enlargement or reconstruction made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion, motel/hotel or time-sharing conversion.

(d) An enlargement or alteration that would result in an increase of 10 percent or more of internal floor area of the existing structure, or increase in height by more than 10 percent of an existing structure on property located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the California Coastal Commission.

(e) Any repair or maintenance to facilities, structures or public works located in an environmentally sensitive habitat area, any sand area within 50 feet of the edge of a coastal waters or streams that include the placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials.

(f) Alteration or reconstruction of any structure on a beach, wetland, stream, or lake seaward of the mean high tide line; where the structure or proposed improvement would encroach within 50 feet of the edge of a coastal bluff.

(g) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff, or stream or in areas of natural vegetation.

(h) Any method of routine maintenance dredging that involves:

(1) The dredging of 100,000 cubic yards or more within a 12-month period.

(2) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or a sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.

(3) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the California Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

(i) Any repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

(1) Repair or maintenance involving substantial alteration of the protective work including pilings and other surface or subsurface structures.

(2) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other form of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries.

(3) The replacement of 20 percent or more of the structural materials of an existing structure with materials of a different kind.

(Added by Ord. 509-85, App. 11/22/85)

SEC. 330.4.1. PROJECTS REQUIRING A COASTAL ZONE PERMIT FROM THE CALIFORNIA COASTAL COMMISSION.

The California Coastal Commission shall retain coastal permit review jurisdiction over all tidelands, submerged lands below the mean high tide, and any other area so designated on Sectional Maps CZ4, CZ5, and CZ13 of the Zoning Map, including the Olympic Country Club, Lake Merced, and the Pacific Ocean shore extending 3 miles out to sea from the mean high tide.

(Added by Ord. 509-85, App. 11/22/85)

SEC. 330.5. APPLICATION FOR A COASTAL ZONE PERMIT.

A Coastal Zone Permit shall be applied for at the Planning Department concurrent with other necessary project permit(s).

(a) An application for a Coastal Zone Permit where a Conditional Use authorization is required shall be reviewed subject to the procedures for reviewing conditional use applications in Section 303 of the Planning Code.

(b) An application for a Coastal Zone Permit where a variance application is required shall be reviewed subject to the procedures for variances in Section 305 of the Planning Code.

(c) An application for a Coastal Zone Permit where a building permit authorization is required shall be reviewed subject to the procedures set forth in the Planning Code, Building Code and Business and Tax Regulations Code.

(d) Planning Code amendments and changes to the Zoning Map shall be conducted according to Section 302 of the Planning Code.

(1) Amendments to the Local Coastal Program, include, but are not limited to, any action by the Planning Commission, or Board of Supervisors which authorizes a use of a parcel of land other than that designated in the certified Local Coastal Program as a permitted use of such parcel.

(2) Any proposed amendments, set-back proceedings, zoning map changes or interim zoning controls which may alter the Local Coastal Program shall be submitted as a request for an amendment of the Local Coastal Program for review by the California Coastal Commission. No more than three submittals may be made per calendar year. Such amendment shall take effect only after it has been certified by the California Coastal Commission.

(Added by Ord. 509-85, App. 11/22/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY

Division (c) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015.

SEC. 330.5.1. PERMIT APPLICATION REVIEW FOR CONSISTENCY WITH THE LOCAL COASTAL PROGRAM.

(a) The City Planning Department shall review all Coastal Zone Permit Applications, Building Permit Applications, Conditional Use Applications, Variances, City Planning Code Amendments, and Zoning Map changes within the Coastal Zone for consistency with the requirements and objectives of the San Francisco Local Coastal Program.

(b) The Board of Permit Appeals shall review all appeals of coastal zone permit applications. Any appeals shall be reviewed by the Board of Permit Appeals for consistency with the requirements and objectives of the San Francisco Local Coastal Program.

(Added by Ord. 509-85, App. 11/22/85)

SEC. 330.5.2. FINDINGS.

The Zoning Administrator or the Planning Commission, or Board of Appeals in reviewing a Coastal Zone Permit Application or an appeal thereof shall adopt factual findings that the project is consistent or not consistent with the Local Coastal Program. A Coastal Zone Permit shall be approved only upon findings of fact establishing that the project conforms to the requirements and objectives of the San Francisco Local Coastal Program.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.5.3. DETERMINATION OF PERMIT JURISDICTION.

The Zoning Administrator shall determine whether or not a project is exempt or subject to a Coastal Permit Application pursuant to Sections 330.2 through 330.4 of the Planning Code. If the project requires a Coastal Zone Permit Application,

the Zoning Administrator shall determine whether the project may be appealed to the California Coastal Commission, or whether the project can only be appealed locally to the Board of Appeals.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.5.4. PLANNING COMMISSION REVIEW OF COASTAL ZONE PERMITS.

The Planning Commission shall hold a public hearing on any Coastal Zone Permit Application for which the Zoning Administrator has determined from the findings that the project has a significant impact on the Coastal Zone. Any projects which may be appealed to the California Coastal Commission shall be scheduled for review by the Planning Commission. The Planning Commission may schedule a public hearing on any Coastal Zone Permit Application on its own motion. (Ord. 509-85, App. 11/22/85; 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.

SEC. 330.6. COASTAL COMMISSION NOTIFICATION.

The Planning Department shall notify the California Coastal Commission of each Coastal Zone Permit Application received as follows:

(a) A written notice to the California Coastal Commission shall be mailed within 10 calendar days of filing of a Coastal Zone Permit Application with the Planning Department. This notice shall include the application number, address or location, the nature of the project, determination of whether the project is exempt, or appealable to the California Coastal Commission, and schedule for permit review.

(b) A written notice to the California Coastal Commission shall be mailed within seven calendar days after a final decision has been made by the Zoning Administrator or Planning Commission. Notice of approval shall include the findings, the action taken by the Zoning Administrator or Planning Commission, Conditions of Approval if any, and procedures for appeal.

(c) The Planning Department shall notify in writing the California Coastal Commission of any appeal of a Coastal Zone Permit Application to the Board of Appeals. This notification shall take place within 10 calendar days of filing the appeal. A notice of final action on the appeal shall be mailed by the Planning Department to the California Coastal Commission within seven calendar days of such action.

(d) A local decision on a Coastal Zone Permit shall not be deemed complete until:

(1) The local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not consistent with the Local Coastal Program; and

(2) When all local rights of appeal have been exhausted.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.7. PUBLIC NOTICE.

In addition to the notice standards of Sections 306 through 306.5 in this Code, and any other notice requirement by the Building Code or any other notice required by the Municipal Code, the Zoning Administrator shall provide notice of a Coastal Zone Permit Application as required by Section 333 of this Code.

(Ord. 509-85, App. 11/22/85; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

SEC. 330.8. EMERGENCY COASTAL ZONE AUTHORIZATION.

In case of an emergency, temporary emergency authorization to proceed may be given by the Director of Planning or his designee until such time as a full Coastal Zone Permit Application shall be filed.

• (a) An applicant may request an Emergency Coastal Zone Authorization by letter to the Director of Planning, in person or by telephone, if time does not allow. The following information shall be included in the request:

• (1) The nature of the emergency;

• (2) The cause of the emergency, insofar as this can be established;

• (3) The location of the emergency;

• (4) The remedial, protective, or preventive work required to deal with the emergency;

• (5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.

(b) The Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. The Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency. If time does not allow for public notice to be given before the emergency work begins, the Director shall provide public notice of the action taken soon thereafter. The Director may grant emergency authorization upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that:

(1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the terms of the authorization;

• (2) Public comment on the proposed emergency action has been reviewed, if time allows;

• (3) The work proposed would be consistent with the requirements of the Local Coastal Program.

(c) The Director shall not grant an Emergency Coastal Zone Authorization for any work that falls within an area that the Coastal Commission retains direct permit review authority as designated on Section Maps CZ4, CZ5, and CZ13 of the Zoning Map. In such areas, an applicant may request emergency authorization from the California Coastal Commission.

(d) The Director shall report, in writing, to the Coastal Commission and to the Planning Commission, at its first

scheduled meeting after authorizing the emergency work, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the Director shall be informational only; the decision to grant an Emergency Coastal Zone Authorization is at the discretion of the Director of Planning or his designee.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.9. APPEAL PROCEDURES.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 111-24 , approved 6/13/2024, effective

7/14/2024, oper. conditional). The text of the section will be included below when the enacting legislation is operative. (a) All Coastal Zone Permit Applications may be appealed to the Board of Appeals as described in Section 308.2 of this Code. Local appeal of a Coastal Zone Permit is not subject to the aggrieved party provisions in Section 330.2(a) of this Code, but must comply with the appeal review procedures of Section 330.5.1(b) and Section 330.5.2 of this Code.

(b) Appeal to the California Coastal Commission is available only for approved projects in the appealable area of the Coastal Zone, as designated in Sectional Maps CZ4, CZ5 and CZ13 of the Zoning Map; under California Public Resources Code Section 30603(a)(4), for approved projects that involve a use that is not the principal permitted use

designated in Planning Code Section 330.9(c); and under California Public Resources Code Section 30603(a)(5), for approved or disapproved projects that involve a major public works project or a major energy facility, all as further described in Section 330.10.

(c) Principal Permitted Use Under the Local Coastal Program. Notwithstanding any other provisions of this Code or the City and County’s Local Coastal Program Implementation Plan that identify principal permitted, conditional, and other types of uses, the principal permitted use for the purposes of California Public Resources Code Section 30603(a)(4) shall be as described in this subsection (c). The designation of the principal permitted use for the purpose of the Local Coastal Program does not alter the uses permitted on any site under the Planning Code or applicable requirements under the Planning Code.

(A)1 Residential Districts: Residential Uses.

(B)1 Parkmerced Residential District: Residential Uses.

(C)1 Neighborhood Commercial Districts: Commercial Uses.

(D)1 Public Districts: Public Uses, where that shall be understood to mean a Public Facility, Open Recreation Area, or Passive Outdoor Recreation.

(E)1 Wawona Street and 45th Avenue Cultural Center Special Use District: Commercial Uses, as defined in Section 249.96(e).

(d) A Coastal Zone Permit decision which may be appealed to the California Coastal Commission can be appealed by filing with the California Coastal Commission within 10 working days after the California Coastal Commission receives notice of final action from the Planning Department. Appeals to the California Coastal Commission are subject to the aggrieved party provisions in Section 330.2(a).

(e) An applicant is required to exhaust local appeals before appealing to the California Coastal Commission.

(f) Major public works and energy facilities within the Coastal Zone may be appealed to the California Coastal Commission whether approved or not by the local government.

(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024)

AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (b), (c) amended; divisions (c)- (e) redesignated as (d)(f); new divisions (c)-(c)(E) added; Ord. 111-24, Eff. 7/14/2024.

CODIFICATION NOTE

1. So in Ord. 111-24.

SEC. 330.10. APPEALABLE PROJECTS.

The following projects may be appealed to the California Coastal Commission:

(a) Projects approved between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, or as otherwise indicated in Sectional Maps CZ4, CZ5, and CZ13 of the Zoning Map.

(b) Projects approved and located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff.

(c) Any project which constitutes a major public works project or a major energy facility, including the following:

(1) All production, storage, transmission and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

(2) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. A railroad whose primary business is the transportation of passengers shall not be considered public works nor a

development if at least 90 percent of its routes located within the coastal zone utilize existing rail or highway rights-ofway.

(3) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

• (4) All community college facilities.

• (5) Major public works or energy facility with an estimated cost of $100,000 or more.

(6) Energy facilities is any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

(d) Projects proposing a use that is not designated as the principal permitted use in the applicable Zoning District in subsection 330.9(c).

(Ord. 509-85, App. 11/22/85; amended by Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024)

AMENDMENT HISTORY Division (d) added; Ord. 111-24, Eff. 7/14/2024.

SEC. 330.11. WHO MAY APPEAL A COASTAL ZONE PERMIT TO THE CALIFORNIA COASTAL COMMISSION.

Appeal of a local decision may be filed by: (1) an applicant; (2) any aggrieved person as defined in Section 330.2(a); or (3) any two members of the California Coastal Commission. In the case of appeal by two Coastal Commission members local appeal need not be exhausted.

(Ord. 509-85, App. 11/22/85)

SEC. 330.12. PERMIT APPROVAL BY OPERATION OF LAW.

(a) If the Planning Department has failed to act on a Coastal Zone Permit Application within a one-year period from the date of which the application has been accepted as complete, the person claiming a right to proceed shall notify in writing the Zoning Administrator of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

(b) When an applicant claims that a Coastal Zone Permit Application has been approved by operation of law, a written notice shall be mailed by the Zoning Administrator within seven calendar days of such action to the California Coastal Commission and any person entitled to receive notice that the application has been approved by operation of law.

Approval of a Coastal Zone Permit Application by expiration of time limitation may be appealed to the California Coastal Commission.

(Ord. 509-85, App. 11/22/85; 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.

SEC. 330.13. EFFECTIVE DATE OF APPROVED PROJECTS.

(a) A final decision on an application for an appealable project shall become effective after a 10 working day appeal period to the California Coastal Commission has expired, unless either of the following occur: (1) a valid appeal is filed in accordance with City and State regulations, or (2) local government requirements are not met per Section 330.6(b). When either of the above occur, the California Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the local government action has been suspended. The applicant shall cease construction immediately if that occurs.

(b) Coastal Zone Permits for projects not appealable to the California Coastal Commission shall become effective only after other required planning or building permit applications have been issued.

(Ord. 509-85, App. 11/22/85, 1985)

SEC. 330.14. EXPIRATION DATE AND EXTENSIONS.

A Coastal Zone Permit shall expire one year from the date of issuance unless otherwise explicitly modified by approval conditions for the project. The Zoning Administrator may extend a Coastal Zone Permit prior to its expiration for up to 12 months from its original date of expiration. Coastal Zone Permit extensions may be granted upon findings that the project continues to be in conformance with the Local Coastal Program.

(Amended by Ord. 509-85, App. 11/22/85)

SEC. 330.15. COASTAL ZONE PERMIT FEES.

Before accepting any Coastal Zone Permit Application for filing, the Planning Department shall charge and collect a fee as set forth in Section 351(d) for processing a Coastal Zone Permit Application. No fees shall be established for appealing any Coastal Zone Permit.

(Amended by Ord. 509-85, App. 11/22/85; 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.

SEC. 330.16. PROCEDURAL PERMIT REVIEW CHANGES.

Any proposed changes in the Coastal Zone Permit procedures specified in Sections 330 through 330.16, or any subsequent action by the Board of Supervisors, Planning Commission or Zoning Administrator pertaining to the permit review process of Coastal Zone Permits shall be submitted to the California Coastal Commission for its review prior to final approval. The California Coastal Commission shall take action on any such amendments within a reasonable time period after the submittal of any such proposals. (Amended by Ord. 509-85, App. 11/22/85)

SEC. 331. [REDESIGNATED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.1. [REDESIGNATED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.2. [REDESIGNATED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.3. [REDESIGNATED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.4. [REPEALED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.5. [REPEALED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 331.6. [REDESIGNATED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 333. PUBLIC NOTIFICATION PROCEDURES.

(a) Purpose. The purpose of this Section 333 is to establish procedures for all public notifications required by this Code, except for those requirements set forth in Section 311.

(b) Applicability. The requirements of this Section 333 shall apply to any hearing before the Planning Commission, Historic Preservation Commission, and/or the Zoning Administrator for which public notice is required in this Code, except that the requirements set forth in Section 311 shall be applicable to certain applications as set forth in Section 311. The Zoning Administrator shall determine the means of delivering all forms of public notice, in a manner consistent with the Planning Commission’s policy on notification, provided that the requirements of this Section 333 are satisfied.

(c) Notification Period. For the purposes of this Section 333, the Notification Period shall mean no fewer than 20 calendar days prior to the date of the hearing, or in the case of a Building Permit Application a period of no fewer than 20 calendar days prior to any Planning Department approval of the application.

(d) Content of Notice.

(1) All notices provided pursuant to this Section 333 shall have a format and content determined by the Zoning Administrator, and shall at a minimum include the following:

(B) the Planning Department case number or Building Permit Application number, as applicable, for the subject project; and

(C) the basic details of the project, including whether the project is a demolition, new construction, alteration, or change of use; and basic details comparing the existing and proposed conditions at the property including building height, number of stories, dwelling unit count, number of parking spaces, and the use of the building;

(D) instructions on how to access the online notice and plan sets for the project, including how to obtain paper copies of the plan sets, and additional information for any public hearings required by the Planning Code and for which public notification is required for a development application: the date, time and location of the hearing; instructions for how to submit comments on the proposed project to the hearing body; and an explanation as to why the hearing is required; and

including how to obtain paper copies of the plan sets, and additional information for any public hearings required by the Planning Code and for which public notification is required for a development application: the date, time and location of the hearing; instructions for how to submit comments on the proposed project to the hearing body; and an explanation as to why the hearing is required; and

(E) if the Project requires the demolition of Residential or Unauthorized Units, as those terms are defined in Sections 102 and 317, the notice shall also include information regarding Section 317.2, including information about the protections for Existing Occupants as described in Section 317.2(d)(2).

(2) Language Access.

(A) All forms of public notice provided pursuant to this Section 333 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.

(B) The notices required by this Section 333 shall contain the information set forth in subsectionection[1] (d)(1) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.

(e) Required Notices. Except as provided in subsection (f), all notices provided pursuant to this Section 333 shall be provided in the following formats:

(1) Posted Notice. A poster or posters with minimum dimensions of 11 x 17 inches, including the content set forth in subsection (d), shall be placed by the project applicant at the subject property for the entire duration of the Notification Period as set forth herein. This notice shall be in addition to any notices required by the Building Code, other City codes, or State law. One poster shall be required for each full 25 feet of each street frontage of the subject property. For example, two posters would be required for a 50 foot street frontage; three posters would be required for either a 75 foot frontage or a 99 foot frontage. Multiple posters shall be spread along the subject street frontage as regularly as possible. All required posters shall be placed as near to the street frontage of the property as possible, in a manner to be determined by the Zoning Administrator that is visible and legible from the sidewalk or nearest public right-of way. The requirements of this subsection (e)(1) may be modified upon a determination by the Zoning Administrator that a different location for the sign would provide better notice or that physical conditions make this requirement impossible or impractical, in which case the sign shall be posted as directed by the Zoning Administrator.

(2) Mailed Notice. Written notice with minimum dimensions of 5-1/2 x 8-1/2 inches, including the content set forth in subsection (d), shall be mailed to all of the following recipients in a timely manner pursuant to the Notification Period established herein:

(A) Neighborhood organizations that have registered with the Planning Department, to be included in a list that shall be maintained by the Planning Department and available for public review for the purpose of notifying such organizations of hearings and applications in specific areas;

(B) Individuals who have made a specific written request to be notified of hearings and applications at a subject lot; and

(C) All owners and, to the extent practicable, occupants of properties, within no less than 150 feet of the subject property, including the owner(s) and occupant(s) of the subject property, including any occupants of unauthorized dwelling units. Names and addresses of property owners shall be taken from the latest Citywide Assessor’s Roll. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action. The Zoning Administrator shall determine the appropriate methodology for satisfying this requirement. If applicable State law requires notice to be provided in a different manner, such notice will be provided consistent with applicable State requirements.

(3) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:

(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the content set forth in subsection (d) for the hearing or application; and

(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.

(f) Notice of Hearings for Legislative Actions. Notwithstanding the foregoing, for all hearings required for consideration of legislation, including but not limited to a Planning Code Amendment, Zoning Map Amendment, General Plan Amendment, or Interim Zoning Controls, an online notice shall be provided for the entire duration of the Notification Period established herein on a publicly accessible website that is maintained by the Planning Department, and shall include the date, time, and location of the hearing; the case number for the subject action; a general description of the

subject and purpose of the hearing; and instructions for how to contact the planner assigned to the case and provide comment to the hearing body.

(1) Zoning Map Amendments and Interim Controls. Except as provided in subsection (f)(2), for any legislative proposal to reclassify property through a Zoning Map Amendment, or to establish Interim Zoning Controls, if the area to be reclassified or the area in which the interim controls are applicable is 30 acres or less in total area, excluding the area of public streets and alleys, the information specified in this subsection (f) shall be provided in a mailed notice consistent with the requirements of subsection (d), and the notices shall also include a map or general description of the area proposed for reclassification or action. For any legislative proposal to reclassify property through a Zoning Map Amendment, if the area to be reclassified comprises a single development lot or site, the required information shall also be provided in a posted notice consistent with the requirements of subsection (d).

(2) Housing Element Rezoning. This subsection (f)(2) applies to any legislative proposal to reclassify property through a Planning Code amendment and/or Zoning Map amendment intended to comply with the City’s Housing Element obligation to create sufficient capacity, pursuant to California Government Code Section 65583(c), as may be amended from time to time.

(A) For any such proposal, the Department shall provide 30 days mailed notice consistent with the requirements of subsection (d). The mailed notice shall consist of a postcard or similar mailer with minimum dimensions of 5.5 x 8.5 inches, and that uses clear and legible fonts. The mailed notice shall include a website address and digital response code where the public can access the following:

(i) A map of the Department’s Draft Citywide Rezoning Proposal showing all parcels to be reclassified with increased height and density limits.

(ii) Sample images showing representative comparisons of the proposed height and density limits to the existing height and density limits, including a general depiction of the parcels proposed to be rezoned in the neighborhood.

(iii) A general description of the legislative process, information on how to submit comments to the Planning Department or Commission, and how to obtain additional information, and/or information on how to request a meeting with the Planning Department.

(iv) The mailed notice must include the following statement: “NOTICE OF POTENTIAL REZONING OF HEIGHT AND/OR DENSITY: A proposed rezoning may increase the height and/or density limits of your property or others in your neighborhood. Learn more by scanning the QR Code or visit our website listed below. Information on the proposal is also available in person at the Planning Department Counter, 2nd Floor, 49 South Van Ness Avenue.”

(B) Within 30 days of the effective date of the ordinance in Board File 241210, enacting this subsection (f)(2), the Department shall maintain a website that includes: the map referenced in subsection (f)(2)(A)(i); the mailed notice statement referenced in subsection (f)(2)(A)(iv); an interactive function where users can compare the existing and

proposed zoning by address; and renderings showing the existing conditions along with images of the height and bulk of the potential new development.

(C) In addition to the recipients listed in subsection (e)(2), the notice required by this subsection (f)(2) shall be mailed to the property owners, residents, and commercial lessees, of properties that are either within the areas subject to the proposed rezoning or within a distance of 300 feet of the exterior boundaries of such areas. Failure to send notice by mail to any such property owner, resident, or commercial lessee shall not invalidate any proceedings in connection with the rezoning.

(D) Notwithstanding subsection (g), the requirements of this subsection (f)(2) may not be waived by the Zoning Administrator.

(g) Elimination of Duplicate Notice. The notice provisions of this Section 333 may be waived by the Zoning Administrator for applications that have been, or prior to any approval will be, the subject of an otherwise duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the application is required is both substantially included in the hearing notice and was the subject of the hearing.

(h) Newspaper Notice. If newspaper notice is required by applicable State law, the City shall provide such newspaper notice.

(Added by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; amended by Ord. 64-25, File No. 241210, App. 5/9/2025, Eff. 6/9/2025; Ord. 3-26 , File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Divisions (a), (b), (c), (d)(1), (d)(2)(B), (e)- (e)(2)(B), (e)(3)(A), and (g) amended; division (f) amended as (f)-(f)(1); divisions (f)(2)-(f)(2)(D) added; Ord. 64-25, Eff. 6/9/2025. Divisions (d)(1)(C)-(D) amended; division (d)(1)(E) added; Ord. 3-26 , Eff. 2/8/2026.

CODIFICATION NOTE

1. So in Ord. 64-25.

SEC. 334. HOUSING CHOICE-SAN FRANCISCO PROJECT AUTHORIZATION.

(a) Purpose and Applicability. The purpose of this Section 334 is to provide for the review and approval of a Housing Choice San Francisco (HC-SF) project, as defined in Section 206.10.

(b) General Process.

(1) Application. An HC-SF Project shall apply through the Planning Department’s procedures for Development Applications and review. An HC-SF project application shall be submitted with and processed concurrently with all other applications. The HC-SF project application shall be submitted on a form prescribed by the Department, and shall include all of the following information:

(i) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, and the number of and location of affordable units as applicable; and a draft Regulatory Agreement, if the project elects to subject units to the Rent Stabilization Ordinance under Section 206.10(c)(1);

(ii) Except as noted in subsection (iii), demonstration of compliance with the Planning Code and provisions of the HC-SF Program, including any permitted zoning modifications;

(iii) Requested Major Modifications under subsection (d).

(2) Procedures. The review of an HC-SF Project shall be conducted as part of, and incorporated into, a Development Application. Where there is a conflict, the provisions of Section 206.10 shall govern. Unless modified by Section 206.10, if a project requires a conditional use authorization, or any other entitlement that requires a public hearing before the Planning Commission and/or the Historic Preservation Commission, the HC-SF Project shall be reviewed by the Planning Commission and/or the Historic Preservation Commission, as applicable.

(3) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an HC-SF Project, the Planning Commission shall not hold a public hearing for discretionary review of an HC-SF that is subject to this Section 334.

(4) Regulatory Agreement for Projects Using Section 206.10 (c)(1).

(A) Sponsors of HC-SF Projects that elect to comply with the provisions of Section 206.10(c)(1) shall enter into a regulatory agreement with the City subjecting all units, except for any units required to be Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval (“Regulatory Agreement”).

(B) The property owner and the Planning Director, or the Director’s designee, on behalf of the City, will execute the Regulatory Agreement, which is subject to review and approval 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 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 in 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.

(C) At a minimum, the Regulatory Agreement shall contain the following:

(i) A description of the total number of Dwelling Units approved, including the number of units subject to the Rent Stabilization and Arbitration Ordinance and other restricted units, if any, and the location, square footage of Dwelling Units, and number of bedrooms in each unit;

(ii) A statement that the Dwelling Units are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq. ). Further, that 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 an exception from residential density limits, or other direct financial contribution or other forms of assistance specified in California Government Code Section 65915 et seq. ;

(iii) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and

(iv) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement; and,

(v) 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 include the following text: “This unit is a rental unit subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance.”

(5) Other Agreements. HC-SF Projects that provide on-site affordable units under Section 415 et seq. or other state or local program that requires or allows the provision of on-site affordable units, shall comply with any applicable recording or regulatory agreement requirement of that state or local program.

(6) Timeline of Review. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, review of an HC-SF Project not seeking a Major Modification under this Section 334 shall be completed within 180 days of submittal of a complete Development Application. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, the Planning Commission shall hold a public hearing for projects seeking a Major Modification within 180 days of submittal of a complete project application.

(c) Administrative Review. The Planning Department shall administratively review an HC-SF Project, unless the Project seeks a Major Modification pursuant to subsection (d), or any HC-SF Project that is a 100% Affordable HC-SF Project. The Planning Department’s determination regarding an HC-SF Project under this subsection (c) shall not be appealable. Nothing in this Section 334 abrogates permit, license, or other requirements codified outside the Planning Code.

(d) Projects Seeking Major Modifications to Standards and Requirements. An HC-SF Project may seek a Major Modification using the process in this subsection (d).

(1) Definition. A “Major Modification” means any deviation from any quantitative standard in the Planning Code or any applicable Objective Standard not otherwise provided in Section 206.10(d) through (e). A project seeking a Major Modification to an Objective Standard shall not be considered code compliant.

(2) Additional Modifications. HC-SF Projects seeking Major Modifications pursuant to this subsection (d) may also pursue additional modifications that are not Major Modifications under the provisions elsewhere in this Code.

(3) Exclusions. In no case may an HC-SF Project receive a Major Modification or other exception under any provision of this Code to the following requirements: maximum building height; maximum permitted accessory off-street parking amounts; wind standards; minimum density requirements; Floor Area Ratio limits; any standard set forth in Articles 1.7, 3, 3.5, 4, 10, and 11 of the Planning Code; definitions; permitted land uses; the Transportation Demand Management Program under Section 169; dwelling unit mix; and any standard or provision adopted by the voters.

(4) Required Findings for Major Modifications. To grant a Major Modification, the Planning Commission shall find: (a) that the proposed modification achieves equal or superior design quality, and (b) the project would provide a significant community benefit by producing housing near transit, or otherwise promote the general welfare.

(5) Conditions of Approval. The Planning Commission may adopt conditions of approval for granted modification(s). Such conditions shall be limited to addressing the potential impact of such granted modification(s).

(6) Process for Applicants Seeking Major Modifications.

(A) Decision. The Planning Commission, at a noticed public hearing, shall review, and approve, disapprove, or approve with conditions, a request for a Major Modification. The Planning Commission shall find that the proposed Major Modification(s) meet the criteria in subsection (d)(4). As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to mitigate the effect of the requested modification(s) and thereby achieve the objectives, policies, and intent of the General Plan and/or applicable Objective Standards.

(B) Notification. Notice of a hearing required by subsection (6)(A) shall be provided in accordance with Planning Code Section 333.

(e) Notification and Record of Decision. Notification and record of decision of an HC-SF Project shall be provided as set forth in the Planning Department procedures for review and approval of Development Applications.

(f) Change of Conditions. Once a project is approved, a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section 334. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

SEC. 340. GENERAL PLAN AMENDMENTS.

(a) General Description. On July 1, 1996, the effective date of the revised Charter, the Master Plan of the City and County of San Francisco adopted by the Planning Commission prior to July 1, 1996, shall be known as the General Plan and shall consist of goals, policies and programs for the future physical development of the City and County of San Francisco that take into consideration social, economic and environmental factors. Any amendments to the General Plan proposed on or after July 1, 1996, shall be adopted by the Planning Commission and recommended for approval or rejection by the Board of Supervisors subject to the following provisions and procedures.

(b) Purpose. The General Plan shall be periodically amended in response to changing physical, social, economic, environmental or legislative conditions.

(c) Initiation. An amendment may be initiated by a resolution of intention by the Planning Commission in response to a request by a member of the Planning Commission, the Board of Supervisors, or an application by one or more property owners, residents or commercial lessees or their authorized agents. A resolution of intention adopted by the Planning Commission shall refer to, and incorporate by reference, the proposed General Plan amendment.

(d) Determination. The Planning Commission shall hold a hearing on the proposed amendment. In developing their recommendation, the Commission shall consult with commissions and elected officials. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall adopt such amendment or part, and otherwise it shall reject the same. Rejection of the proposed amendment by the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors. If adopted by the Planning Commission in whole or in part, the proposed amendment shall be presented to the Board of Supervisors, together with a copy of the resolution of adoption. If the Board of Supervisors fails to act within 90 days of receipt, the amendment shall be deemed approved. The Board of Supervisors may approve or reject such amendment by a majority vote.

(Added by Ord. 321-96, App. 8/8/96)

SEC. 341. BETTER NEIGHBORHOODS AREA PLAN MONITORING PROGRAM.

Sections 341.1 to 341.4 set forth the requirements and procedures for the Market and Octavia Community Monitoring Program.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 341.1. FINDINGS.

(a) The Planning Commission has adopted the Market and Octavia Area Plan as part of the General Plan of the City and County of San Francisco. The Area Plan, in conjunction with the Market and Octavia Neighborhood Plan, outlines specific goals that cumulatively frame the community's vision for the management of growth and development in the plan area. The Market and Octavia Neighborhood Plan introduces innovative policies and land use controls to achieve the plan goals. Successful fruition of the plan's goals requires a coordinated implementation of land use controls, community and public service delivery, key policies, and community infrastructure improvements.

(b) In order to ensure a balanced implementation of the Market and Octavia Neighborhood Plan, the Planning Department will implement a formal monitoring program, with a focus on key indicators. The monitoring program is necessary to evaluate the effectiveness of the Plan and the impacts of growth, particularly housing supply, neighborhood character, and transportation infrastructure and service. The monitoring program will determine whether necessary infrastructure improvements have keep pace with development in the Plan Area. If monitoring surveys indicate an imbalance in growth of neighborhood and relevant infrastructure and support, the Planning Department must recommend policy changes to balance development with infrastructure and services. Appropriate responses may include further study of specific conditions, temporary or permanent alterations to Market and Octavia Neighborhood Plan policies, amendments to the Planning Code, and the dedication of additional revenue for planned improvements.

(c) Monitoring reports are a standard tool used to ensure a plan's success. The Downtown Plan of 1985 implemented a model monitoring system, which includes both an annual and 5-year monitoring cycle. Annual monitoring efforts for the Market and Octavia Plan Area should be coordinated with these efforts, but include a focus on policies and indicators relevant to the Market and Octavia Neighborhood Plan. The Market and Octavia time series monitoring report should be published independently.

(d) The Market and Octavia Plan is a pilot planning effort, implementing modern planning strategies. Data on the successes will be a useful contribution to the field of planning and to other municipalities aiming to achieve transitoriented communities.

(e) The Planning Department will execute a two-tiered monitoring program. The two tiers are: 1) An annual collection and reporting of data from selected sources that are gathered on a regular basis, and 2) every five years, a more extensive data collection effort that includes a evaluation of policy objectives specific to the Market and Octavia Area Plan and reporting of neighborhood trends. The annual monitoring will provide notice for trends that may develop, gauging progress towards long range goals. The time series report will provide in depth analysis of the Plan Area, including a discussion of qualitative trends.

ore extensive data collection effort that includes a evaluation of policy objectives specific to the Market and Octavia Area Plan and reporting of neighborhood trends. The annual monitoring will provide notice for trends that may develop, gauging progress towards long range goals. The time series report will provide in depth analysis of the Plan Area, including a discussion of qualitative trends.

(f) In coordination with relevant Board of Supervisor representatives and related City agencies a Citizens Advisory Committee shall be formed to participate in the on-going implementation of the Market and Octavia Plan. This Committee shall participate in monitoring efforts, as needed, and be presented a copy of all reports. (Added by Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 341.2. ANNUAL REPORTING.

The Planning Department shall prepare an annual report detailing the housing supply and development, commercial activities, and transportation trends in the Market and Octavia Plan Area. The information shall be presented to the Board of Supervisors, Planning Commission, the Citizens Advisory Committee, and Mayor, and shall address: (1) the extent of development in the Market and Octavia Plan Area; (2) the consequences of that development; (3) the effectiveness of the policies set forth in the Market and Octavia Area Plan in maintaining San Francisco's environment and character; and (4) recommendations for measures deemed appropriate to deal with the impacts of neighborhood growth.

(a) Time Period and Due Date. Reporting shall be presented by July 1st of each year, and shall address the immediately preceding calendar year.

(b) Data Source. The Planning Department shall assemble data for the purpose of providing the reports. City records shall be used wherever possible. Outside sources shall be used when data from such sources are reliable, readily available

and necessary in order to supplement City records. When data is not available for the exact boundaries of the Plan Area, a similar geography will be used and noted.

(c) Categories of Information. The following categories of information shall be included: Commercial Space and Employment.

(1) The amount of office space "Completed," "Approved," and "Under Construction" during the preceding year, both within the Plan Area and elsewhere in the City. This inventory shall include the location and square footage (gross and net) of those projects, as well as an estimate of the dates when the space "Approved" and "Under Construction" will become available for occupancy.

(2) Plan Area and Citywide Employment trends. An estimate of additional employment, by occupation type, in the Plan Area and Citywide.

(3) Retail Space and Employment. An estimate of the net increment of retail space and of the additional retail employment relocation trends and patterns Plan Area and Citywide.

(4) Business Formation and Relocation. An estimate of the rate of the establishment of new businesses and business and employment relocation trends and patterns within the Plan Area and Citywide Housing.

(5) Housing Units Certified for Occupancy. An estimate of the number of housing units in the Plan Area and throughout the City newly constructed, demolished, or converted to other uses.

(6) Affordable Housing Production. An estimate of the number of new affordable housing units in the Plan Area and throughout the City, including information on affordability and funding sources.

(7) Unit size. An estimate of the mix of unit sizes in the Plan Area and throughout the City including new construction, unit mergers and unit subdivisions.

(8) Unit Conversion. An estimate of average number by unit type in the Plan Area and throughout the City, including condo conversion, and eviction cases.

(9) Enforcement of Project Entitlements. A summary of successful compliance with conditions and design standards for development projects approved in the Plan Area and any enforcement actions taken to ensure compliance or adjudicate complaints

Transportation.

(10) Parking Inventory. An estimate of the net increment of off-street parking spaces in all Districts.

(11) Transit Service. An estimate of transit capacity for peak periods.

(12) Transit infrastructure and capacity improvements. A summary of new transit infrastructure and capacity improvements in the Plan Area and affecting the Plan Area as projected in the Market/Octavia Plan, including a

comparison of that increased and improved transit service relative to the number of new housing units and office space approved during the same period.

(13) Transit Impact Fee. A summary of the use of the transit impact development fee funds, identifying the number of vehicles, personnel and facilities acquired.

(d) Report. The analysis of the factors under Commercial Space, Housing and Transportation will compare Plan Area trends to existing conditions, Citywide trends, and regional trends, when relevant. The comparisons will indicate the degree that the City is able to accommodate new development as projected within the Plan Area. Based on this data, the Department shall analyze the effectiveness of City policies governing Plan Area growth and shall recommend any additional measures deemed appropriate.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 341.3. TIME SERIES REPORT.

By July 15, 2008, and every fifth year thereafter on July 15th, the report submitted shall address the preceding five calendar years and, in addition to the data described above, shall include a cordon count of the following key indicators:

(a) Implementation of Proposed Programming. The area plan proposes the implementation of various programs including impact fees for development, parking and curb cuts, residential permit parking reform, shared parking programs, and historic preservation survey. Implementation of said programs shall report the following:

(1) Fees. Monitor expenditure of all implemented fees. Report on studies and implementation strategies for additional fees and programming.

(2) Parking Programs. Report on implementation strategies, including cooperation with relevant agencies, and success of program as implemented.

(3) Historic Preservation Surveys. Report findings of survey. Detail further proceedings with regards to findings of survey work.

(b) Community Improvements. The Area Plan outlines major community improvements in the areas of open space, transportation, pedestrian realm, and community services. Implementation of improvements will be documented, including a focus on the following:

(1) Transportation Infrastructure and Services. Successful implementation of the Market and Octavia Plan requires that transportation services keep pace with existing and new demands. Citywide efforts to improve transit services, including the Transit Effectiveness Project (TEP), must be implemented in order to provide adequate service to the area. The time series reports shall report on the City's coordination of transit services with projected development, and provide recommendations for balancing transportation infrastructure with projected growth.

(2) Affordable Housing. Development of subsidized housing, below market rate units, off-site inclusionary housing, affordable housing built with in-lieu fee payments, and other types of affordable housing

(3) First Source Hiring. The Department shall cooperate with the First Source Hiring Administration and the CAC to report to the Board of Supervisors on the status of monitoring and enforcement of the First Source Hiring ordinance, Administrative Code Sections 83 et seq. in the Plan Area with the goal of increasing compliance with the First Source Hiring requirements. The Planning Department, First Source Hiring Administration, and CAC shall report to the Board on the compliance of ongoing commercial operations subject to the requirements of the First Source Hiring ordinance in addition to the compliance of the initial developer of the property.

(c) Planning Code Performance. Better Neighborhoods plans aim to clarify development proceedings, thus reducing the number of variances, articulating conditional use processes, and facilitating the development process. The permit process in the Plan Area and Citywide will be evaluated.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 341.4. INFORMATION TO BE FURNISHED.

It shall be the duty of the heads of all departments, offices, commissions, bureaus and divisions of the City and County of San Francisco, upon request by the Planning Department, to furnish such information as they may have or be able to obtain relating to the matters to be included in the reports required herein. (Added by Ord. 72-08, File No. 071157, App. 4/3/2008)

SEC. 341.5. MARKET AND OCTAVIA COMMUNITY ADVISORY COMMITTEE.

(a) Purpose. Within 6 months of adoption of the Market and Octavia Area Plan and related planning code changes, the Board of Supervisors shall establish a Community Advisory Committee (CAC) The CAC will be advisory, as appropriate, to the Planning Director, the Interagency Plan Implementation Committee, the Planning Commission, and the Board of Supervisors. The CAC may perform the following functions as needed;

thin 6 months of adoption of the Market and Octavia Area Plan and related planning code changes, the Board of Supervisors shall establish a Community Advisory Committee (CAC) The CAC will be advisory, as appropriate, to the Planning Director, the Interagency Plan Implementation Committee, the Planning Commission, and the Board of Supervisors. The CAC may perform the following functions as needed;

(1) Collaborate with the Planning Department and the Inter-Agency Plan Implementation Committee on prioritizing the community improvement projects and identifying implementation details as part of annual expenditure program that is adopted by the Board of Supervisors;

(2) Provide an advisory a role in a report-back process from the Planning Department on enforcement of individual projects' compliance with the Market and Octavia Area Plan standards and specific conditions of project approvals, including the specific first-source hiring requirements for the Plan Area such that those agreements will be more effectively implemented;

(3) Collaborate with the Planning Department in updating the community improvements program at a minimum of every fifth year in coordination with relevant City agencies; Providing input to Plan area monitoring efforts for required time-series reporting.

(b) Representation. The Board of Supervisors shall appoint 2/3 of the committee members and the Mayor shall appoint 1/3 of the committee members on the CAC. Both the Board and the Mayor shall appoint members that represent the diversity of the plan area. The Citizens Advisory Committee shall be comprised of 9 community members from varying geographic, socio-economic, ethnic, racial, gender, and sexual orientations living or working within the plan area. At a minimum, there must be one representative from each of the geographic areas of the Plan Area. Two members of the Citizens Advisory Committee may live or work in the Market and Octavia Plan Area Boundary or within 1,250 feet of the plan area boundary. The CAC should adequately represent key stakeholders including resident renters, resident homeowners, low-income residents, local merchants, established neighborhood groups within the plan area, and other groups identified through refinement of the CAC process. Each member shall be appointed by the Board and will serve for two-year terms, but those terms shall be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member’s term. be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member's term.

The Planning Department or Interagency Plan Implementation Committee shall designate necessary staffing from relevant agencies to the CAC, as needed to complete the CAC's responsibilities described in this Code. To the extent permitted by law, staffing for the CAC shall be funded through the Market & Octavia Community Improvements Fund administration fees.

(c) This Section 341.5 shall automatically terminate six months after this Ordinance No. 188-25, in Board of Supervisors File No. 250680 becomes effective, unless the Board of Supervisors extends it. After that date, the City Attorney is authorized to cause this Section 341.5 to be removed from the Planning Code. (Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025)

AMENDMENT HISTORY

Division (b) amended; Ord. 126-20, Eff. 8/31/2020. Division (c) added; Ord. 188-25, Eff. 11/6/2025.

SEC. 342. HEALTH CARE SERVICES MASTER PLAN FINDINGS.

1. On March 23, 2010, President Barack Obama signed into law the "Patient Protection and Affordable Care Act," thereby initiating the most significant change to the health care delivery system that the United States has experienced in forty years. As the City and County of San Francisco ("City") works to implement this monumental law, it is an opportune moment to engage in a comprehensive planning effort for health care services in the City.

2. Section 4.110 of the City Charter ("Charter") provides that the Department of Public Health and Health Commission shall provide for the preservation, promotion and protection of the physical and mental health of the inhabitants of the City and County of San Francisco.

3. Section 4.105 of the Charter provides that the Planning Commission create and maintain a General Plan consisting of goals, policies and programs for the future development of the City and County that take into consideration social, economic and environmental factors.

4. Section 127340(a) of the California Health and Safety Code provides that "private not-for-profit hospitals meet certain needs of their communities through the provision of essential healthcare and other services. Public recognition of

their unique status has led to favorable tax treatment by the government. In exchange, nonprofit hospitals assume a social obligation to provide community benefits in the public interests."

5. Implementation of Ordinance 279-07, requiring the Department of Public Health to analyze the relationship between the City's long term health care needs and facility planning for medical institutions, has revealed the need for a City-wide Health Care Services Master Plan so that the Planning Department has a tool to analyze individual institutional planning against a more comprehensive City plan.

6. A Health Care Services Master Plan will provide the Health Commission, the Planning Commission and Board of Supervisors with information and public policy recommendations to guide their decisions to promote the City's land use and policy goals developed in such Plan, such as distribution and access to health care services.

7. A Health Care Services Master Plan will also provide the Health Commission, the Planning Commission and Board of Supervisors with information essential to disaster planning for the City.

8. The San Francisco Department of Public Health is well situated to create a Health Care Services Master Plan, as it can draw upon the innovative work of Building a Healthier San Francisco, including "The Living Community Needs Assessment" which is an up-to-date, web-based, compilation of data about community health in neighborhoods throughout the City.

(Added by Ord. 300-10, File No. 101057)

SEC. 342.1. DEFINITIONS.

As used in these Sections 342 to 342.10, “Medical Use” shall mean a use as defined in Section 890.114 or 890.44 of this Code or a Hospital or Health Service use as defined in Section 102 of this Code, excluding any housing operated by a medical provider.

(Added by Ord. 300-10, File No. 101057; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022)

AMENDMENT HISTORY

Section amended; Ord. 22-15, Eff. 3/22/2015. Section amended; Ord. 202-18, Eff. 9/10/2018. Section amended; Ord. 23321, Eff. 1/22/2022. Section amended; Ord. 37-22, Eff. 4/14/2022.

SEC. 342.2. HEALTH CARE SERVICES MASTER PLAN: COMPONENTS.

(a) The Department of Public Health and the Planning Department shall prepare a Health Care Services Master Plan that displays and analyzes information concerning the geography (including natural features of land, weather, and water supply), demography, epidemiology, economics/finance, neighborhood characteristics, intensity of use, workforce, technology, and governmental policy pertinent to distribution, access, quality and cost of health care services in the City, including the use of the health care services by patients from outside the City, and referral of patients from the City to medical institutions located outside the City limits. Based on this information, the Health Care Services Master Plan will identify existing and anticipated future needs for health care services compared to available and anticipated resources and potential impacts on neighborhoods, and make recommendations for improving the match between needs and resources, as well as where health care services may be located within an area of the City to minimize land use burden on particular neighborhoods. The Health Care Services Master Plan shall consider neighborhood density, uses, transit and infrastructure availability, traffic characteristics, including mode split among cars, public transit, bicycles and pedestrians.

(b) The Health Care Services Master Plan shall, to the extent feasible, contain all of the following components:

(1) Health System Trends Assessment. The Health Care Services Master Plan shall describe and analyze trends in health care services with respect to the City, including but not limited to: disease and population health status; governmental policy (at the national, state, regional levels); disaster planning; clinical technology; communications

technology; payment for services; sources and uses of capital for investment in services; organization and delivery of services; workforce; community obligations of providers, and any other trends that, in the discretion of the Department of Public Health, may affect availability, location, access and use of services in the City.

(2) Capacity Assessment. The Health Care Services Master Plan shall quantify the current and projected capacities of existing Medical Uses in San Francisco, including public and private facilities and for and non-profit organizations. The capacity assessment shall describe, analyze, and project resources available for emergency services, including trauma services; acute hospital services, including beds and services that require specialized facility accommodations; ambulatory care services including primary care; specialty physician services; hospital-based and free-standing urgent care services; rehabilitation, long term care and home health services; and behavioral health services including psychiatric emergency, services. In addition, the capacity assessment shall quantify "surge capacity" needs in the event of a disaster.

(3) Land Use Assessment. The Health Care Services Master Plan shall assess the supply, need and demand for Medical Uses in the different neighborhoods of the City; the potential effects or land use burdens of locating such services in particular neighborhoods; and the potential for displacement of other neighborhood-serving uses that may occur as a result of the placement of Medical Uses

(4) Gap Assessment. The Health Care Services Master Plan shall identify medical service gaps across the City and medically underserved areas for particular services with reference to geography, transportation/communication options, and unique barriers to accessing care, including but not limited to the absence of cultural competence, language, race, immigration status, gender identity, substance abuse, and public assistance.

(5) Historical Role Assessment. The Health Care Services Master Plan shall take into consideration the historical role played, if any, by medical uses in the City to provide medical services to historically underserved groups, such as minority or low income communities.

(6) Recommendations. The Health Care Services Master Plan shall include policy recommendations to promote an equitable and efficient distribution of healthcare services in the City; the elimination of healthcare service gaps and medically underserved areas; and the placement of Medical Uses within the City in a manner that is consistent with the character, needs and infrastructure of the different neighborhoods, and that promotes and protects the public health, safety, convenience and general welfare.

(Added by Ord. 300-10, File No. 101057)

SEC. 342.3. HEALTH CARE SERVICES MASTER PLAN PROCESS.

(a) Timing for Health Care Services Master Plan Completion. The Department of Public Health, or its designated consultant, shall work with the Planning Department to complete a draft Health Care Services Master Plan within twelve (12) months of the effective date of this ordinance, which time may be extended upon request and by approval of the Board of Supervisors.

(b) Preparation of the Health Care Services Master Plan. The Department of Public Health shall hold at least two publicly-noticed informational hearings and/or workshops during the course of the preparation of the draft Health Care Services Master Plan. The Planning Department shall participate in all hearings and/or workshops.

(c) Upon completion of a draft Health Care Services Master Plan, the Department of Public Health shall provide public notice of the availability of the Health Care Services Master Plan draft for public review. The notice shall specify a period of no less than thirty (30) days during which written comments will be received by the Department of Public Health and the Planning Department on the draft Health Care Services Master Plan.

(d) Public Hearing. After the close of the written public comment period, the Health Commission and Planning Commission shall hold a joint public hearing on the draft Health Care Services Master Plan: The Commissions shall set the time and date for the hearing within a reasonable period, but in no event shall the hearing date be more than thirty (30) days after the close of the written public comment period. The Commissions may recommend approval or may request additional information or revisions in the Health Care Services Master Plan. If the Health Commission or Planning

Commission requests significant or material additional information or revisions for the Health Care Services Master Plan, then the Health Commission and Planning Commission shall hold additional public hearings to consider such changes, either jointly or separately.

(e) The Health Commission and the Planning Commission may recommend approval or disapproval of the Health Care Services Master Plan. Following such recommendations, the Board of Supervisors shall schedule a hearing to consider a resolution to adopt the Health Care Services Master Plan.

(f) Plan Update. The Department of Public Health and Planning Department shall update the Health Care Services Master Plan every three (3) years including a summary of changes since the prior Health Care Services Master Plan was approved. The Department of Public Health and the Planning Department may update the Health Care Services Master Plan at any time if either department believes an update is necessary. If the departments are unable to update the Health Care Services Master Plan within three (3) years of the prior update, they must seek an extension of time from the Board of Supervisors. The Health Commission, the Planning Commission, and the Board of Supervisors shall consider and approve Health Care Services Master Plan updates based upon the same procedures described in subsections (a)-(e) above. (Added by Ord. 300-10, File No. 101057)

Health Care Services Master Plan within three (3) years of the prior update, they must seek an extension of time from the Board of Supervisors. The Health Commission, the Planning Commission, and the Board of Supervisors shall consider and approve Health Care Services Master Plan updates based upon the same procedures described in subsections (a)-(e) above. (Added by Ord. 300-10, File No. 101057)

SEC. 342.4. CONSISTENCY DETERMINATION FEE.

The Planning Department may charge and collect from a Medical Use requiring a Consistency Determination pursuant to these sections 342 to 342.10 a fee for the preparation of the required Consistency Determination. This fee shall be sufficient to recover actual costs that the Department incurs and shall be charged on a time and materials basis. The Department also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing of the Consistency Determination. Upon request of the Medical Use, the Department shall provide in writing an estimate of the fee to be charged, and the basis for the fee. This fee shall be payable at the time the Consistency Determination Application is submitted. (Added by Ord. 300-10, File No. 101057)

SEC. 342.5. CONSISTENCY DETERMINATION.

(a) On January 2, 2013 or upon adoption of the Health Care Services Master Plan, whichever date is later, any change of use to a Medical Use, as defined in Section 342.1(a) that would occupy 10,000 gross sf of floor area, or any expansion of an existing Medical Use that would add at least 5,000 gross sf of floor area shall file a Consistency Determination Application with the Planning Department. The Planning Department shall make findings that the proposed or expanded Medical Use is consistent with the most recently updated Health Care Master Plan recommendations.

(b) Consistent Applications. If the Planning Department finds. after consultation with the Health Department, that an application appears to be on balance consistent with the recommendations of the Health Care Services Master Plan, the Planning Department shall issue a Consistency Determination to the applicant, and shall immediately post it on the department's website, inviting interested persons to provide public comment on the Consistency Determination. The Planning Department shall not take any action on the land use application for a minimum of fifteen (15) days following the issuance and notice of the Consistency Determination. If the Planning Department receives no written objections to the Consistency Determination within fifteen (15) days, the Consistency Determination is final. If the Planning Department receives written objections setting forth substantive arguments, as determined by the Planning Director and his or her designee, that the application is not consistent with the recommendations of the Health Care Services Master Plan it shall follow the procedures set forth below for inconsistent applications.

in fifteen (15) days, the Consistency Determination is final. If the Planning Department receives written objections setting forth substantive arguments, as determined by the Planning Director and his or her designee, that the application is not consistent with the recommendations of the Health Care Services Master Plan it shall follow the procedures set forth below for inconsistent applications.

(c) Inconsistent Applications. If the Planning Department finds that an application appears to be on balance inconsistent with the recommendations of the Health Care Services Master Plan, it shall submit the application to the Health Commission. The Health Commission shall review the application at a public hearing and issue written

recommendations concerning whether the applicant's proposal is consistent with the recommendations of the Health Care Services Master Plan. If the Health Commission finds that the application is inconsistent with the Health Care Services Master Plan, the Health Commission shall make recommendations to achieve consistency. If the Health Commission finds that the application is consistent with the Health Care Services Master Plan, it shall make written findings to this effect. The Health Commission shall submit its recommendations or written findings to the Planning Commission within thirty (30) days after receipt of the application. Prior to the Planning Commission's consideration of the Health Commission's recommendation, the applicant may amend its application in an effort to achieve consistency with the Health Care Services Master Plan.

(d) Public Hearing. The Planning Commission shall hold a public hearing to consider public testimony regarding whether the application is consistent with the recommendations of the Health Care Services Master Plan within 30 days after receiving the findings from the Health Commission unless the proposed or expanded Medical Use includes other associated entitlements. If the proposed or expanded Medical Use includes other entitlements necessitating a Planning Commission hearing, the Planning Commission shall hear the Application for Consistency Determination at the same time it considers those other entitlements. The Planning Commission shall consider the recommendations of the Health Commission when making a final decision whether or not to issue a Consistency Determination, and shall make written findings to this effect. The Planning Commission may only approve an entitlement for which it did not issue a Consistency Determination if countervailing public policy considerations justify its approval.

(e) City Consideration of Consistency Determination. When a Consistency Determination is required pursuant to Section 342.5(a), the Planning Department, the Zoning Administrator and all other involved city agencies shall not approve any permit or entitlements for a Medical Use unless the Medical Use obtained a Consistency Determination from the Planning Department or the Planning Commission, or the Planning Commission found that countervailing public policy considerations justify approval of the application despite its inconsistency with the Health Care Services Master Plan.

all other involved city agencies shall not approve any permit or entitlements for a Medical Use unless the Medical Use obtained a Consistency Determination from the Planning Department or the Planning Commission, or the Planning Commission found that countervailing public policy considerations justify approval of the application despite its inconsistency with the Health Care Services Master Plan.

(Added by Ord. 300-10, File No. 101057)

SEC. 342.6. APPEALS.

(a) Within thirty (30) days of the issuance or denial of a Consistency Determination by the Planning Commission, any person may file an appeal. If the Board of Supervisors has authority to review any associated entitlements, the appeal of the Consistency Determination shall be filed with the Board of Supervisors. If the Board of Supervisors does not have authority to review any associated entitlement the appeal shall be filed with the Board of Appeals.

(b) Appeal to the Board of Supervisors: The Board of Supervisors shall hold a public hearing on an appeal of a Consistency Determination. If the Board of Supervisors, based on all of the information before it, disagrees with the Planning Commission's decision to grant or deny a Consistency Determination, the Board of Supervisors may reverse such decision. The Board of Supervisor's decision shall be final.

(c) Appeal to the Board of Appeals: The Board of Appeals shall hold a public hearing on an appeal of a Consistency Determination: The Board of Appeals may, based on all of the information before it and on the affirmative vote of four of its members (or, if a vacancy exists, by a vote of three members), disagree with the Planning Commission's decision to grant or deny a Consistency Determination. In such cases the Board of Appeals may overrule the Planning Commission's decision and shall state in writing the reasons for its action. The Board of Appeals' decision shall be final.

(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.

(Added by Ord. 300-10, File No. 101057)

SEC. 342.7. AUTHORITY TO ADOPT RULES AND REGULATIONS.

The Planning Director, in consultation with the Department of Public Health, may prepare rules, regulations, or guidelines to implement and enforce these sections 342 to 342.10. Rules or regulations prepared pursuant to this Section shall be adopted at a regular meeting of the Planning Commission, by a majority vote following a public hearing, provided that the amendment has been calendared for hearing for at least ten days. (Added by Ord. 300-10, File No. 101057)

SEC. 342.8. PREEMPTION.

In adopting sections 342 to 342.10, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to take any actions that are required, directed, or expressly authorized by Federal or State law. This ordinance shall not apply to prohibit conduct that is prohibited by Federal and State law. The ordinance does not intend to supplant or supersede any state or local land use or environmental laws or regulations, including but not limited to the City's land use planning and zoning ordinances and the California Environmental Quality Act. (Added by Ord. 300-10, File No. 101057)

SEC. 342.9. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.

In undertaking the adoption and enforcement of these sections 342 to 342.10, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a person to sue for money damages for an injury that the person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by these sections. (Added by Ord. 300-10, File No. 101057)

SEC. 342.10. SEVERABILITY.

If any of the provisions of these sections 342 to 342.10 or the application thereof to any person or circumstance is held invalid, the remainder of these sections, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of these sections are severable.

(Added by Ord. 300-10, File No. 101057)

SEC. 343. CENTRAL SOMA HOUSING SUSTAINABILITY DISTRICT.

(a) Purpose. This Section 343 establishes a Housing Sustainability District within the Central SoMa Plan Area (“Central SoMa Housing Sustainability District” or “Central SoMa HSD”) under California Government Code Sections 66200 et seq. The purpose of the Central SoMa Housing Sustainability District is to encourage the provision of on-site affordable housing in new residential and mixed-use projects in Central SoMa by providing a streamlined, ministerial approval process for such projects. The Central SoMa Plan anticipates that 33% of all new residential units produced within the Plan Area will be permanently affordable to households of very low, low, or moderate income. This Section 343 sets forth eligibility criteria, design review standards, and entitlement and approval procedures for projects seeking approval pursuant to the requirements of the Central SoMa Housing Sustainability District.

(b) Geography. The Central SoMa Housing Sustainability District shall include all parcels within the Central SoMa Special Use District, which is defined in Section 249.78(b). The entirety of the Central SoMa Special Use District is an “eligible location,” as that term is defined in California Government Code Section 66200(e).

(c) Relationship to Other Planning Code Provisions. Except as otherwise provided in this Section 343, all provisions of the Planning Code, including Section 249.78, that would be applicable to projects approved pursuant to this Section 343 shall apply to such projects. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.

• (d) Eligibility. Projects seeking approval pursuant to this Section 343 shall meet all of the following requirements:

• (1) The project is located in a zoning district that principally permits residential uses.

• (2) The project proposes no less than 50 dwelling units per acre, and no more than 750 dwelling units per acre.

(3) A majority of the project’s gross square footage is designated for residential uses. All non-residential uses must be principally permitted in the underlying zoning district and any applicable special use district(s), and may not include greater than 24,999 gross square feet of office space that would be subject to the annual limit on office development set forth in Sections 321 et seq.

(4) The project does not exceed a height of 160 feet, except that any project whose principal use is housing, where all such housing is restricted for a minimum of 55 years as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093, shall be deemed to satisfy this subsection (c)(4) regardless of height.

(5) If the project sponsor seeks a density bonus pursuant to California Government Code Section 65915 et seq. , the project sponsor demonstrates to the satisfaction of the Planning Department that the project would not result in a significant shadow impact.

• (6) The project is not located on a lot containing a structure listed as a designated landmark pursuant to Article 10 of the Planning Code or a contributory or significant structure pursuant to Article 11 of the Planning Code.

• (7) The project complies with the following affordability requirements, as applicable:

(A) Projects subject to Section 415 shall comply with Section 415 by choosing the On-Site Affordable Housing Alternative under Section 415.5(g)(1)(A), and shall provide no less than 10% of dwelling units as units affordable to very low or low income families.

(B) Projects not subject to Section 415 shall provide no less than 10% of dwelling units as units affordable to very low or low income families, by entering into a regulatory agreement with the City that contains the terms specified in Section 206.6(f).

• (8) The project does not demolish, remove, or convert to another use any existing dwelling unit(s).

• (9) The project complies with all applicable zoning and any adopted design review standards.

(10) The project sponsor complies with all Mitigation Measures in the Central SoMa Environmental Impact Report (Central SoMa EIR) that the Planning Department determines are applicable to the project.

(11) The project sponsor certifies that the project will comply with all applicable requirements of California Government Code Section 66201(f)(4).

• (12) The project shall comply with Government Code Section 66201(f)(5).

(13) A project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence.

(e) Approving Authority. The Planning Department is the approving authority designated to review permit applications for compliance with this Section 343.

(f) Application.

(1) Prior to submittal of an application for required approvals from the Planning Department, a project sponsor seeking to apply pursuant to this Section 343 shall submit an application for a preliminary project assessment (PPA), pursuant to Planning Department procedures.

(2) In addition to any requirements under other provisions of this Code for submittal of application materials, an application under this Section 343 shall be submitted to the Department on a form prescribed by the Department and shall include at minimum the following materials:

(A) A full plan set, including site plan, elevations, sections, and floor plans, showing total number of units, and number of and location of units affordable to very low or low income households;

(B) All documentation required by the Department in its response to the project sponsor’s previously-submitted PPA application;

• (C) Documentation sufficient to support determinations that:

• (i) the project meets all applicable zoning and any adopted design review standards;

(ii) the project sponsor will implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project, including but not limited to the following:

a. An agreement to implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project; and

b. Scope(s) of work for any studies required as part of any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project. An application pursuant to this Section 343 shall not be deemed complete until such studies are completed to the satisfaction of the Environmental Review Officer. (iii) the project sponsor will comply with subsections (d)(10) and (d)(11) of this Section 343.

(g) Decision and Hearing. The Department shall exercise ministerial approval of projects that meet all the requirements in this Section 343. Section 329 of this Code shall not apply to projects that are approved pursuant to this Section 343.

(1) Hearing. The Planning Department shall conduct an informational public hearing for all projects that are subject to this Section 343 within 100 days of receipt of a complete application, as defined in subsection (f).

(2) Decision. Within 120 days of receipt of a complete application, as defined in subsection (f), the Planning Director or the Director’s designee shall issue a written decision approving, disapproving, or approving subject to conditions, the project. The applicant and the Department may mutually agree to extend this 120-day period. If no written decision is issued within 120 days of the Department’s receipt of a complete application, or within the period mutually agreed upon by the Department and applicant, the project shall be deemed approved. The Planning Director or the Director’s designee shall include any certifications required by California Government Code Section 66205(e) in a copy of the written decision.

(3) Grounds for Permit Denial. The Department may deny a Central SoMa HSD project application only for one or more of the following reasons:

(A) The proposed project does not fully comply with this Section 343, including but not limited to meeting all adopted design review standards and demonstrating compliance with all applicable Mitigation Measures in the Central SoMa EIR that the Department determines are applicable to the project.

(B) The project sponsor has not submitted all of the information or paid any application fee required by this Section

343 and necessary for an adequate and timely design review or assessment of potential impacts on neighboring properties. (C) The Department determines, based upon substantial evidence in light of the whole record of the public hearing on the project, that a physical condition on the site of development that was not known and could not have been discovered with reasonable investigation at the time the application was submitted would have a specific adverse impact upon the public health or safety and that there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection (g)(3)(C), “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on identified objective written public health or safety standards, policies, or conditions, as in existence at the time the application is deemed complete.

(4) Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this Section 343 shall be as set forth in Section 8 of the Business and Tax Regulations Code.

(5) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 343 . As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 343 , the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 343 .

equests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 343 . As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 343 , the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 343 .

(6) Expiration of approval. Approval of a project pursuant to this Section 343 shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 30 months of the date of the Department’s issuance of a written decision pursuant to subsection (g)(2) of this Section 343 . If the Planning Director finds that the project sponsor has demonstrated good faith in its efforts to obtain the first site or building permit for the project, the Planning Director may extend the approval for the project for a maximum of six additional months. Such deadline shall additionally be extended in the event of any appeal of such approval for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.

(h) Design Review Standards. Projects subject to this Section 343 shall be reviewed for compliance with the design standards set forth in the San Francisco Urban Design Guidelines and the Central SoMa Plan’s Guide to Urban Design, which are on file with the Planning Department, as approved by the California Department of Housing and Community Development.

(i) District Affordability Requirement. At the request of the California Department of Housing and Community Development, the Planning Department shall demonstrate that at least 20% of the residential units constructed in the Central SoMa Housing Sustainability District during the life of the District and pursuant to this Section 343 will be affordable to very low, low-, and moderate-income households and subject to a recorded affordability restriction for at least 55 years.

(j) Monitoring and Enforcement. The Planning Department shall include, as conditions of approval of all projects approved pursuant to this Section 343 , monitoring and enforcement provisions to ensure that the project meets all labor and wage requirements and complies with all identified applicable mitigation measures. Projects found to be in violation of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176.1 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176.1(c). Conditions of approval shall include, but are not limited to:

of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176.1 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176.1(c). Conditions of approval shall include, but are not limited to:

(1) A project sponsor shall submit weekly reports to the Office of Labor Standards Enforcement, certifying that a project approved pursuant to this Section 343 is complying with subsections (d)(11) and (d)(12), if applicable to the project. Projects found to be in violation of subsections (d)(11) and (d)(12) shall be subject to penalties pursuant to Section 1741 of the Labor Code, in addition to any penalties assessed pursuant to Section 176.1 of this Code. All penalties shall be paid prior to issuance of the project’s First Certificate of Occupancy.

• (2) The Planning Department shall monitor compliance with Central SoMa EIR Mitigation Measures.

(3) The Planning Department shall monitor and report the construction of affordable housing units under the Central SoMa Housing Sustainability District in its annual Housing Inventory, which shall include the following information:

• (A) Number of projects approved pursuant to this Section 343.

• (B) Number of projects under construction pursuant to approvals obtained under this Section 343.

• (C) Number of projects completed pursuant to approvals obtained under this Section 343.

• (D) Number of dwelling units within projects completed pursuant to approvals obtained under this Section 343.

• (E) Number of dwelling units affordable to very low, low, moderate, and middle income households within projects completed pursuant to approvals obtained under this Section 343.

• (k) Operative and Sunset Dates.

(1) This Section 343 shall become operative upon receipt of preliminary approval by the California Department of Housing and Community Development under California Government Code Section 66202 (“Operative Date”).

(2) This Section 343 shall expire by operation of law seven years from the Operative Date, unless this Section 343 is renewed by ordinance pursuant to Government Code Section 66201(g), in which case this Section 343 shall expire on the date specified in that ordinance (“Sunset Date”).

(3) Upon the expiration of this Section 343, the City Attorney shall cause this Section 343 to be removed from the Planning Code. Pursuant to Government Code Section 66205(b), this Section 343 shall govern the processing and review of any complete application submitted pursuant to this Section 343 prior to the Sunset Date.

(Added by Ord. 281-18, File No. 180453, App. 12/7/2018, Eff. 1/7/2019, Oper. 1/7/2019)

SEC. 344. HOUSING CHOICE HOUSING SUSTAINABILITY DISTRICT.

(a) Purpose. This Section 344 establishes the Housing Choice - San Francisco Housing Sustainability District (“HSD”) under California Government Code Sections 66200 et seq. The purpose of the HSD is to encourage the development of on-site affordable housing in new residential and mixed-use projects by providing a streamlined, ministerial approval process for such projects. This Section 344 sets forth eligibility criteria, design review standards, and entitlement and approval procedures for projects seeking approval pursuant to the HSD.

(b) Geography. The HSD shall be comprised of all parcels, other than those zoned as RH or RM, in the R-4 Height and Bulk District.

(c) Relationship to Other Planning Code Provisions. Except as otherwise provided in this Section 344, the Planning Code shall apply to projects approved pursuant to this Section 344. In the event of a conflict between other provisions of the Planning Code and this Section 344, this Section shall control.

(d) Eligibility. Projects seeking approval pursuant to this Section 344 shall meet all of the following requirements:

(1) The project is located in a zoning district where Residential uses are principally permitted.

(2) For Dwelling Unit projects, the project’s residential density is no less than 50 Dwelling Units per acre, and no more than 1,000 Dwelling Units per acre.

(3) At least one-half of the project’s Gross Floor Area is designated for Residential uses. All proposed NonResidential uses must be principally permitted in the underlying zoning district and any applicable SUD(s). The project shall not include more than 24,999 square feet of Gross Floor Area of Office use that would be subject to the annual limit on office development set forth in Sections 321 et seq.

(4) The project does not demolish or substantially alter a historic resource that is: designated as a landmark or listed as a contributor to or located within a historic district under Article 10; listed as a Significant or Contributory Building under Article 11; listed in the California Register of Historical Resources or the National Register of Historic Places; identified in an adopted survey or historic context statement as potentially eligible for individual listing in the California Register of Historical Resources or the National Register of Historic Places; or, located within an historic district that is listed in, or identified in an adopted survey or historic context statement as potentially eligible for listing in, the California Register of Historical Resources or the National Register of Historic Places.

(5) Consistent with California Government Code Section 66201(f), the project shall provide no less than 10% of dwelling units as units affordable to very low or low income households. A project subject to Section 415 may apply any such affordable units towards its compliance with Section 415. Projects not subject to Section 415 shall enter into a regulatory agreement with the City to restrict the affordability of any such units for no less than 55 years.

1(f), the project shall provide no less than 10% of dwelling units as units affordable to very low or low income households. A project subject to Section 415 may apply any such affordable units towards its compliance with Section 415. Projects not subject to Section 415 shall enter into a regulatory agreement with the City to restrict the affordability of any such units for no less than 55 years.

(6) The project does not demolish, remove, or convert to another use any existing Dwelling Unit(s), or Residential Flat.

(7) The project complies with all applicable Planning Code requirements and any adopted Objective Standards. Projects seeking approval pursuant to this Section 344 may not seek any exceptions to height and bulk limits pursuant to Section 309(a)(17).

(8) The project sponsor complies with all applicable mitigation measures in the Housing Element 2022 Update Environmental Impact Report (“Housing Element EIR”).

(9) The project sponsor certifies that the project will comply with all applicable requirements of California Government Code Section 66201(f)(4).

(10) The project complies with the requirement of Government Code Section 66201(f)(5).

(11) The project provides relocation assistance to any displaced residential tenants.

(12) A project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence.

• (13) The project does not demolish or convert any portion of a Hotel.

(e) Approving Authority. The Planning Department is the approving authority designated to review permit applications for compliance with this Section 344.

(f) Application. In addition to any requirements under other provisions of this Code for submittal of application materials, an application under this Section 344 shall be submitted to the Department on a form prescribed by the Department and shall not be considered complete until the project sponsor has provided all of the following:

(1) A full plan set, including site plan, elevations, sections, and floor plans, showing total number of units, and number of and location of units affordable to very low or low income households;

(2) All documentation required by the Planning Department and sufficient to support determinations that:

(A) The project meets all applicable zoning and any Objective Standards.

(B) The project sponsor will implement any and all mitigation measures in the Housing Element EIR that the Environmental Review Officer determines are applicable. The project sponsor shall submit scope(s) of work for any

studies required as part of any mitigation measure, and the application shall not be deemed complete until such studies are completed to the satisfaction of the Environmental Review Officer.

(C) The project will comply with subsections (d)(10) and (d)(11) of this Section 344.

(g) Decision and Hearing. The Department shall ministerially approve projects that meet all the requirements in this Section 344, as follows:

(1) Hearing. The Planning Department shall conduct an informational public hearing for all projects that are subject to this Section 344 within 100 days of receipt of a complete application, as set forth in subsection (f).

(2) Decision. Within 120 days of receipt of a complete application, as set forth in subsection (f), the Planning Director or the Director’s designee shall issue a written decision approving, disapproving, or approving subject to conditions, the project. The applicant and the Department may mutually agree to extend this 120-day period. If no written decision is issued within 120 days of the Department’s receipt of a complete application, or within the period mutually agreed upon by the Department and applicant, the project shall be deemed approved. The Planning Director or the Director’s designee shall include any certifications required by California Government Code Section 66205(e) in a copy of the written decision.

(3) Grounds for Permit Denial. The Department may deny an HSD project application only for one or more of the following reasons:

(A) The proposed project does not fully comply with this Section 344, including but not limited to meeting all adopted Objective Standards and/or implementing all mitigation measures in the Housing Element EIR that the Department determines are applicable.

(B) The project sponsor has not submitted all of the information or paid any application fee required by this Section

344 and necessary for an adequate and timely design review or assessment of potential impacts on nearby properties.

(C) The Department determines, based upon substantial evidence in light of the whole record of the public hearing on the project, that a physical condition on the site of development that was not known and could not have been discovered with reasonable investigation at the time the application was submitted would have a specific adverse impact upon the public health or safety and that there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection (g)(3)(C), “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on identified objective written public health or safety standards, policies, or conditions, in existence at the time the application was deemed complete.

(4) Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this Section 344 shall be as set forth in Section 8 of the Business and Tax Regulations Code.

(5) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 344. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 344, the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 344.

o requests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 344. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 344, the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 344.

(6) Progress Requirement. Approval of a project pursuant to this Section 344 shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 30 months of the date of the Department’s issuance of a written decision pursuant to subsection (g)(2). If the Planning Director or the Director’s designee finds that the project sponsor has demonstrated good faith in its efforts to obtain the first site or building permit for the project, the Planning Director or designee may extend the approval for the project for a maximum of six additional months. Such deadline shall additionally be extended in the event of any appeal of such approval for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.

(h) Design Review Standards. Projects subject to this Section 344 shall be reviewed for compliance with the design standards set forth in the Planning Code and any Objective Standards.

(i) District Affordability Requirement. At the request of the California Department of Housing and Community Development, the Planning Department shall demonstrate that at least 20% of the residential units constructed in the HSD during the life of the District and pursuant to this Section 344 will be affordable to very low, low, and moderate-income households and subject to a recorded affordability restriction for at least 55 years.

(j) Monitoring and Enforcement. The Planning Department shall include, as conditions of approval of all projects approved pursuant to this Section 344, monitoring and enforcement provisions to ensure that the project meets all applicable labor and wage requirements and complies with all identified applicable mitigation measures. Projects found to be in violation of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176(b)(1). Conditions of approval shall include, but are not limited to:

of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176(b)(1). Conditions of approval shall include, but are not limited to:

(1) A project sponsor shall submit weekly reports to the Office of Labor Standards Enforcement, certifying that a project approved pursuant to this Section 344 is complying with subsections (d)(11) and (d)(12), if applicable to the project. Projects found to be in violation of subsections (d)(11) and (d)(12) shall be subject to penalties pursuant to Section 1741 of the Labor Code, in addition to any penalties assessed pursuant to Section 176 of this Code. All penalties shall be paid prior to issuance of the project’s First Certificate of Occupancy, as defined in Section 401 of this Code.

(2) The Planning Department shall monitor compliance with the Housing Element EIR mitigation measures for projects approved under the HSD.

(3) The Planning Department shall monitor and report the construction of affordable housing units under the HSD in its annual Housing Inventory, which shall include the following information:

(A) Number of projects approved pursuant to this Section 344.

• (B) Number of projects under construction pursuant to approvals obtained under this Section 344.

(C) Number of projects completed pursuant to approvals obtained under this Section 344.

(D) Number of Dwelling Units or Group Housing beds within projects completed pursuant to approvals obtained under this Section 344.

(E) Number of Dwelling Units affordable to very low, low, moderate, and middle income households within projects completed pursuant to approvals obtained under this Section 344.

(k) Operative and Sunset Dates.

(1) This Section 344 shall become operative upon confirmation of approval by the California Department of Housing and Community Development under California Government Code Section 66202(c) (“Operative Date”).

(2) This Section 344 shall expire by operation of law seven years from the Operative Date, unless this Section 344 is renewed by ordinance pursuant to Government Code Section 66201(g), in which case this Section 344 shall expire on the date specified in that ordinance (“Sunset Date”). Upon the expiration of this Section 344, the City Attorney shall cause this Section 344 to be removed from the Planning Code. Pursuant to Government Code Section 66205(b), this Section 344 shall govern the processing and review of any complete application submitted pursuant to this Section 344 prior to the Sunset Date.

(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

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SEC. 350. FEES.

(See Interpretations related to this Section.)

(a) Authorization of Fees. The Planning Department shall charge fees to compensate the Department for the cost of processing applications, developing and revising land use controls, and performing or providing other activities and services. Notwithstanding the procedures set forth in this Section 350, the Board of Supervisors may modify the fees by ordinance at any time.

(b) Base Fees. The base fee to be charged and collected by the Department for each class of application, permit, filing request, activity, or service processed or performed by the Department are stated in Section 4 of Ordinance No. 149-16 , available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors. The base fees stated in Section 4 of that ordinance are the fees in effect as of the date of introduction of the ordinance. If the Board of Supervisors adopts a new base fee, or modifies or deletes an existing base fee, the new or modified fee shall be included on the Planning Department Fee Schedule together with the applicable ordinance number.

(c) Annual Adjustment of Base Fees. Consistent with preexisting law, beginning with the setting of fees for fiscal year 2016-2017, the Controller will annually adjust the base fee amounts referenced in subsection (b) and stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632, without further action by the Board of Supervisors, to reflect changes in the two-year average Consumer Price Index (CPI) change for the San Francisco/San Jose Primary Metropolitan Area (PMSA). This process will occur as follows.

No later than April 15 of each year, the Director shall submit the Department's current Fee Schedule to the Controller, who shall apply the CPI adjustment to produce a new Fee Schedule for the fiscal year beginning July 1. No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new Fee Schedule and certifying that: (1) the fees produce sufficient revenue to support the costs of providing the services for which the fee is charged and (2) the fees do not produce revenue that exceeds the costs of providing the services for which each permit fee is charged.

No later than September of each year, the Department's Fee Schedule showing the current fee amounts inclusive of annual adjustments shall be published in an Appendix to the Planning Code, posted on the Department's website, and made available upon request at the main office of the Department.

(d) Surcharges. In addition to fees, a surcharge shall be assessed on some fees to compensate the Department for the cost of appeals to the Board of Supervisors or the Board of Appeals. These surcharges are stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632. These surcharges are not part of base fees as described in subsection

(b) and are not subject to the annual adjustment process described in subsection (c). However, to fully inform the public, such surcharges shall be included in the Planning Department Fee Schedule referenced in subsection (c). Notwithstanding the surcharges stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632, all surcharges identified in that Section 4 for appeals to the Board of Supervisors shall be $240.

In addition, there shall be a surcharge assessed on certain permit fees to fully compensate the Department for the costs of discretionary review, as detailed in Section 4 of the aforementioned ordinance. That surcharge will be treated as if it were a base fee, and will be subject to the annual adjustment process described in subsection (c) and included in the Planning Department Fee Schedule referenced in subsection (c).

(e) Estimated Construction Costs. Estimated construction costs are as defined by the San Francisco Building Code. Certain of the fees specified in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632 place a limit on the fee based on its not exceeding a specified percentage of construction cost. This limit shall apply to certain fees, as set forth in Ordinance No. 149-16 , Ordinance No. 221-18, amending Ordinance No. 149-16, and Ordinance No. ______, further amending Ordinance No. 149-16 , in Board of Supervisors File No. 250888. Unless otherwise noted, the fee

amounts shown in Ordinance No. 149-16 are the amounts originally established in 2016. The Planning Department maintains the Department’s Fee Schedule, which includes any annual adjustments, and is available at the Department and on the Department’s website.

(f) Time for Payment. All fees are payable at time of filing application or request, except where noted otherwise. However, the Director of Planning or his/her designee may authorize phased collection of the fee for a project whose work is projected to span more than one fiscal year. The balance of phased payments must be paid in full one week in advance of the first scheduled public hearing before the Planning Commission to consider the project or before issuance of the first site permit if no hearing is required.

(g) Time and Materials. The Planning Department shall charge the applicant for any time and materials costs incurred in excess of the initial fee charged if required to recover the Department’s costs for providing services.

(1) The Department shall charge time and materials to recover the cost of correcting code violations and violations of Planning Commission and Department conditions of approval of use if such costs are not covered by the monitoring fee for conditions of approval specified in the Planning Department Fee Schedule.

(2) Where a different limitation on time and materials charges is set forth elsewhere in this Article 3.5, that limitation shall prevail.

(3) The Planning Department may also charge the applicant for any time and materials costs incurred by other departments or agencies of the City and County of San Francisco, or may authorize such other departments or agencies to charge directly for any time and materials costs incurred by the respective department or agency to recover the cost of correcting code violations and violations of Planning Commission and Department conditions of approval.

(4) Any balance of time and materials costs for active and open projects must be paid in full one week in advance of a scheduled public hearing before the Planning Commission to consider the project or before Planning Department approval of the first site permit if no hearing is required.

(h) Document Retrieval. The fee for files stored on-site shall be the actual costs for printing the file(s). The fee for files stored off-site shall be the actual costs for retrieval, printing, and return of files, as specified in a retrieval schedule prepared by the Director of Planning, or the Director’s designee.

(i) Refunds. When an application is withdrawn by the applicant prior to a public hearing, or deemed canceled by the Planning Department due to inactivity on the part of the applicant, then the applicant shall be entitled to a refund of the fee paid to the Department less the time and materials expended. Refund requests must be submitted within six months of the project closure date.

(j) Deferred or Reduced Fee; Fee Waivers.

(1) Any fraternal, charitable, benevolent, or any other nonprofit organization, that is exempt from taxation under the Internal Revenue laws of the United States and the Revenue and Taxation Code of the State of California as a bona fide fraternal, charitable, benevolent, or other nonprofit organization, or public entity, that submits an application for the development of residential units all of which are affordable to low and moderate income households, as defined by the United States Housing and Urban Development Department, for a time period that is consistent with the policy of the Mayor’s Office of Housing and Community Development and the Successor to the San Francisco Redevelopment Agency, may defer payment of the fees except those for discretionary review and appeals to the Board of Supervisors until (A) before final Planning Department approval of the building permit, preparatory to issuance of the building permit, before the building permit is released to the applicant, or (B) within one year of the date of action on the application, whichever comes first. This deferral provision shall apply notwithstanding the inclusion in the development of other nonprofit ancillary or accessory uses. Should the project be withdrawn prior to final Planning approval, the applicant shall pay time and material costs pursuant to Section 350(g).

permit is released to the applicant, or (B) within one year of the date of action on the application, whichever comes first. This deferral provision shall apply notwithstanding the inclusion in the development of other nonprofit ancillary or accessory uses. Should the project be withdrawn prior to final Planning approval, the applicant shall pay time and material costs pursuant to Section 350(g).

(2) An exemption from paying the full fees specified for discretionary review or appeals to the Board of Supervisors may be granted when the requestor’s income is not enough to pay for the fee without affecting their ability to pay for the necessities of life, provided that they demonstrate to the Planning Director or the Director’s designee that they would be substantially affected by the proposed project.

(3) Certain of the fees charged in accordance with subsections (b) and (c) are subject in some circumstances to waiver, as stated in Section 4 of Ordinance No. 149-16, or as stated below. Description of the waivers below does not affect the other waiver provisions in Section 4 of Ordinance No. 149-16.

Small Business Month Fee Waivers: No Planning Department fees shall apply to a Small Business that applies for a permit for awning replacement or signs on awnings during the month of May. For purposes of this subsection (j)(3), a Small Business shall be a business with a total workforce of 100 or fewer fulltime full-time1 employees. To the extent this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on page 43 of Ordinance No. 149-16 , this provision governs.

(k) Late Payment; Charges and Collection of Overdue Accounts. The Director or his/her des- ignee shall call upon the Bureau of Delinquent Revenues or duly licensed collection agencies for assistance in collecting delinquent accounts more than 60 days in arrears, in which case any addi- tional costs of collection may be added to the fee amount outstanding. If the Department seeks the assistance of a duly licensed collection agency, the approval procedures of Administrative Code Chapter 10, Article V, Section 10.39-1 et seq. will be applicable.

uly licensed collection agencies for assistance in collecting delinquent accounts more than 60 days in arrears, in which case any addi- tional costs of collection may be added to the fee amount outstanding. If the Department seeks the assistance of a duly licensed collection agency, the approval procedures of Administrative Code Chapter 10, Article V, Section 10.39-1 et seq. will be applicable.

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 231-06, File No. 060991, App. 9/14/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 165-14 , File No. 140593, App. 7/31/2014, Eff. 8/30/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016; Ord. 221-18, File No. 180584, App. 9/28/2018, Eff. 10/29/2018; Ord. 15-19, File No. 181046, App. 2/8/2019, Eff. 3/11/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 155-22, File No. 220262, App. 7/21/2022, Eff. 8/21/2022; Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023; Ord. 103-23, File No. 230212, App. 6/2/2023, Eff. 7/3/2023, Retro. 5/1/2023; Ord. 189-23, File No. 230559, App. 9/15/2023, Eff. 10/16/2023, Retro. 5/1/2023; Ord. 220-25, File No. 250888, App. 11/21/2025, Eff. 12/22/2025; Ord. 2-26, File No. 250440, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

[Former] divisions (b) and (d) amended; Ord. 156-11, Eff. 8/31/2011. [Former] division (g)(1) amended; Ord. 56-13 , Eff. 4/27/2013. [Former] divisions (b) and (d) amended; Ord. 165-14 , Eff. 8/30/2014. [Former] undesignated introductory paragraph and [former] division (g)(1) amended; Ord. 235-14 , Eff. 12/26/2014. Former undesignated introductory paragraph designated as division (a) and amended; new divisions (b), (c), and (d) added; former divisions (a)-(c) redesignated as (e)-(g) and amended; new division (h) added; former division (d) redesignated as (i); former divisions (e) and (f) redesignated as (j) and (k) and amended; former division (g) deleted; Ord. 149-16 , Eff. 8/31/2016. Division (e) amended; Ord. 221-18, Eff. 10/29/2018. Division (b) amended; Ord. 15-19, Eff. 3/11/2019. Division (h) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (g)(2) and (g)(3) amended; Ord. 155-22, Eff. 8/21/2022. Divisions (g) and (g)(2)-(g)(4) amended; Ord. 40-23, Eff. 4/28/2023. Divisions (j)(1)-(3) amended; Ord. 103-23, Eff. 7/3/2023, Retro. 5/1/2023. Divisions (j)(1)-(3) amended; Ord. 189-23, Eff. 10/16/2023, Retro. 5/1/2023. Divisions (e), (g)(3), (j)(3) and subsequent undesignated paragraph amended; Ord. 220-25, Eff. 12/22/2025. Division (d) amended; Ord. 2-26, Eff. 2/8/2026. CODIFICATION NOTE

1. So in Ord. 220-25.

Editor’s Note:

Ordinance 92-20, File No. 200113, approved 6/26/2020, effective 7/27/2020, and retroactive to 1/1/2020, provides, in part:

“Notwithstanding any provision of the Planning Code, including the fee schedule associated with Section 350, the permit fee related to reviewing permit applications seeking to legalize existing dwelling units that were constructed without the required permits is hereby waived for any permit issued for such activities between January 1, 2020 and December 31, 2024, inclusive.”

See Section 2(a) of the ordinance.

SEC. 351. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 230-04, File No. 040955, App. 9/23/2004; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 99-07, File No. 061535, App. 5/4/2007; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; Ord. 165-14 , File No. 140593, App. 7/31/2014, Eff. 8/30/2014; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 352. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 230-04, File No. 040955, App. 9/23/2004; Ord. 175-05, File No. 050917, App. 7/29/2005; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 231-06, File No. 060991, App. 9/14/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 29808, File No. 081153, App. 12/19/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; 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. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 353. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 21210, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; repealed by Ord. 14916 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 354. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 230-04, File No. 040955, App. 9/23/2004; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 355. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 230-04, File No. 040955, App. 9/23/2004; Ord. 175-05, File No. 050917, App. 7/29/2005; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 99-07, File No. 061535, App. 5/4/2007; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 18609, File No. 090698, App. 8/6/2009; Ord. 54-10, File No. 091113, App. 3/19/2010; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 63-14 , File No. 140312, App. 5/8/2014, Eff. 6/7/2014; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 356. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 21210, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; Ord. 190-12 , File No. 120528, App. 9/11/2012, Eff. 10/11/2012; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 357. [REPEALED.]

(Added by Ord. 153-93, App. 5/25/93; amended by Ord. 212-94, App. 6/2/94; Ord. 180-95, App. 6/2/95; Ord. 358-95, App. 11/15/95; Ord. 308-96, App. 7/25/96; Ord. 168-98, App. 5/21/98; Ord. 154-04, File No. 040819, App. 7/8/2004; Ord. 201-06, File No. 060699, App. 7/21/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 358. [REPEALED.]

(Ord. 200-06, File No. 060849, App. 7/21/2006; Ord. 156-08, File No. 080737, App. 7/30/2008; Ord. 186-09, File No. 090698, App. 8/6/2009; Ord. 212-10, File No. 100703, App. 8/4/2010; Ord. 156-11, File No. 110707, App. 8/1/2011, Eff. 8/31/2011; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 359. [REPEALED.]

(Added by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

SEC. 360. [REPEALED.]

(Added by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)

0-0-0-46257

SEC. 401. DEFINITIONS.

In addition to the specific definitions set forth in Section 102 and elsewhere in this Article 4, the following definitions shall govern interpretation of this Article:

(Amended by Ord. 63-20; Ord. 210-21; see Sec. 401 history note.)

A

“Affordable Price.” The price at which the Owned Unit would be Affordable to Qualifying Households. (Added by Ord. 258-24; see Sec. 401 history note.)

“Affordable Unit” or “Affordable Housing Unit.” A unit that is Affordable to Qualifying Households under Section

415 et seq .

(Amended by Ord. 210-21; Ord. 258-24; see Sec. 401 history note.)

"Affordable to a household" shall mean a purchase price that a household can afford to pay based on an annual payment for all housing costs, as defined in California Code of Regulations ("CCR") Title 25, Section 6920, as amended from time to time, of 33 percent of the combined household annual gross income, assuming a down payment recommended by the Mayor's Office of Housing in the Procedures Manual, and available financing, or a rent that does not exceed 30 percent of a household's combined annual gross income. Where applicable, the purchase price or rent may be adjusted to reflect the absence or existence of a parking space(s), subject to the Department's policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time.

“Affordable to Qualifying Households.”

(A) With respect to Owned Units, the average purchase price on the initial sale of all Owned Units in a housing project shall not exceed the allowable average purchase price. Each unit shall be sold:

(i) Only to first-time homebuyer households, as defined in this Section;

(ii) Only to households with an annual gross income equal to or less than the qualifying income limits for a household of moderate income, adjusted for household size, except for the exceptions set forth in Section 415.8(a)(4)(C), (D), and (E);

(iii) Only to households that meet the household size requirements, as defined in the Procedures Manual;

(iv) On the initial sale, at or below the maximum purchase price, as defined in this Section;

(v) On subsequent sales at or below the prices to be determined according to the formula specified in the Procedures Manual in place at the time of the purchase of the Owned Unit, as amended from time to time, such that the

units remain affordable for the life of the project. The formula in the Procedures Manual shall permit the seller to include certain allowable capital improvements in the new maximum purchase price. The formula shall include a per unit cap on capital improvements of 10% of the resale price in order to maintain affordability. Special Assessments shall be added to the resale price at an uncapped rate. Capital improvement requests shall be evaluated by the Mayor’s Office of Housing according to the formula specified in the Procedures Manual.

pital improvements in the new maximum purchase price. The formula shall include a per unit cap on capital improvements of 10% of the resale price in order to maintain affordability. Special Assessments shall be added to the resale price at an uncapped rate. Capital improvement requests shall be evaluated by the Mayor’s Office of Housing according to the formula specified in the Procedures Manual.

(B) With respect to Rental Units, the average annual rent shall not exceed the allowable average annual rent. Each unit shall be rented:

(i) Only to households with an annual gross income equal to or less than qualifying limits for a household of lower income adjusted for household size, as defined in this Section, except for the exceptions set forth in Section 415.8(a)(4) (A) and (B);

(ii) Only to households that meet the household size requirements, as defined in the Procedures Manual;

(iii) At or less than the maximum annual rent.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“Allowable average purchase price.” A price for all Owned Units of the size indicated below that are affordable to a household of median income as defined in this Section, adjusted for the household size indicated below as of the date of the close of escrow, except for Single Room Occupancy units and Group Housing units that are less than 350 square feet (both as defined in Section 102), which shall be 75% of the maximum purchase price level for studio units, and, where applicable, adjusted to reflect the Department's policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time:

(Amended by Ord. 164-15; Ord. 210-21 ; see Sec. 401 history note.)

“Allowable average annual rent.” Annual rent for a Rental Unit of the size indicated below that is 30% of the annual gross income of a household of low income as defined in this Section, adjusted for the household size indicated below except for Single Room Occupancy units and Group Housing units that are less than 350 square feet (both as defined in Section 102), which shall be 75% of the maximum rent level for studio units, and, where applicable, adjusted to reflect the Department's policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time:

At no time can a rent increase, or can multiple rent increases within one year, exceed the percentage change in Maximum Monthly Rent levels as published by MOHCD from the previous calendar year to the current calendar year. (Amended by Ord. 164-15; Ord. 210-21; see Sec. 401 history note.)

"Area Median Income" or "AMI." The unadjusted median income levels derived from the Department of Housing and Urban Development ("HUD") on an annual basis for the San Francisco area, adjusted solely for household size, but not high housing cost area.

“Annual gross income.” Gross income as defined in CCR Title 25, Section 6914, as amended from time to time, except that MOHCD may, in order to promote consistency with the procedures of the San Francisco Redevelopment Agency, develop an asset test that differs from the State definition if it publishes that test in the Procedures Manual. (Amended by Ord. 210-21; see Sec. 401 history note.)

"Annual net income." Net income as defined in Title 25 of the California Code of Regulations Section 6916. "Area Plan Impact Fee" shall mean a development impact fee collected by the City to mitigate impacts of new development in the Area Plans of the San Francisco General Plan, under Article 4 of the Planning Code.

(Added by Ord. 200-15 and Ord. 222-15 ; see Sec. 401 history note.)

“Average annual rent.” The total annual rent for the calendar year charged by a housing project for all Rental Units in the project of an equal number of bedrooms divided by the total number of Affordable Units in the project with that number of bedrooms.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“Average purchase price.” The purchase price for all Owned Units in an affordable housing project of an equal number of bedrooms divided by the total number of Affordable Units in the project with that number of bedrooms. (Amended by Ord. 210-21; see Sec. 401 history note.)

B

"Balboa Park Community Improvements Fund." The fund into which all fee revenue the City collects from the Balboa Park Impact Fee is deposited.

"Balboa Park Community Improvements Program." The program intended to implement the community improvements identified in the Balboa Park Area Plan, as articulated in the Balboa Park Community Improvements Program Document on file with the Clerk of the Board in File No. 090179.

"Balboa Park Impact Fee." The fee collected by the City to mitigate impacts of new development in the Balboa Park Program Area, as described in the findings in Section 422.1.

"Balboa Park Program Area." The Balboa Park Plan Area in Figure 1 of the Balboa Park Station Area Plan of the San Francisco General Plan.

"Base service standard." The relationship between revenue service hours offered by the Municipal Railway and the number of automobile and transit trips estimated to be generated by certain non-residential uses, expressed as a ratio where the numerator equals the average daily revenue service hours offered by MUNI and the denominator equals the daily automobile and transit trips generated by non-residential land uses as estimated by the TIDF Study, the TIDF Update Report, or as updated under Section 410 of this Article.

tomobile and transit trips estimated to be generated by certain non-residential uses, expressed as a ratio where the numerator equals the average daily revenue service hours offered by MUNI and the denominator equals the daily automobile and transit trips generated by non-residential land uses as estimated by the TIDF Study, the TIDF Update Report, or as updated under Section 410 of this Article.

"Base service standard fee rate." The TIDF that would allow the City to recover the estimated costs incurred by the Municipal Railway to meet the demand for public transit resulting from new development in the economic activity categories for which the fee is charged, after deducting government grants, fare revenue, and costs for non-vehicle maintenance and general administration.

C

“Change of Use.” A change from one land use to another land use. For purposes of calculating any impact fees, credits, or waivers under Article 4, if the Gross Floor Area to be changed has no legally established use, the change of use shall consider the last legal use.

(Added by Ord. 124-25; see Sec. 401 history note.)

“Child-care provider.” A provider as defined in California Health and Safety Code Section 1596.791.

“Community apartment.” As defined in San Francisco Subdivision Code Section 1308(b).

"Condominium." As defined in California Civil Code Section 783.

"Cultural/Institution/Education (CIE)." An economic activity category subject to the TIDF that includes, but is not limited to, Schools and Post-Secondary Educational Institutions; Child Care Facilities; museums and zoos considered Public Facilities; and Community Facilities and Private Community Facilities, as defined in Section 102.

D

"Dedicated." Legally transferred to the City and County of San Francisco, including all relevant legal documentation, at no cost to the City.

"Dedicated site." The portion of site proposed to be legally transferred at no cost to the City and County of San Francisco under the requirements of this section.

“Designated affordable housing zones.” For the purposes of implementing the Eastern Neighborhoods Community Improvements Fund, shall mean the Mission Street NCT defined in Section 754.

(Amended by Ord. 50-15; Ord. 188-15; Ord. 202-18; Ord. 296-18; see Sec. 401 history note.) Designated Child Care Unit. As defined in Section 102.

(Added by Ord. 2-16; amended by Ord. 7-19 ; see Sec. 401 history note.)

"Development Application" shall mean any application for a building permit, site permit, Conditional Use, Variance, Large Project Authorization, or any application pursuant to Planning Code Sections 309, 309.1, or 322 or any application to the Planning Department for ministerial approval pursuant to state law, including but not limited to California Government Code Sections 65913.4, 65650 et seq. , or 65912.100 et seq.

(Added by Ord. 200-15 and Ord. 222-15; amended by Ord. 188-25; see Sec. 401 history note.)

"Development fee." Either a development impact fee or an in-lieu fee. It shall not include a fee for service or any time and material charges charged for reviewing or processing permit applications.

"Development Fee Collection Unit" or "Unit." The Development Fee Collection Unit at DBI.

"Development impact requirement." A requirement to provide physical improvements, facilities or below market rate housing units imposed on a development project as a condition of approval to mitigate the impacts of increased demand for public services, facilities or housing caused by the development project that may or may not be governed by the California Mitigation Fee Act (California Government Code Section 66000 et seq .).

"Development project." Any change of use within an existing structure, addition to an existing structure, or new construction, which includes any occupied floor area.

"Director of Transportation." The Director of Transportation of the MTA or his or her designee(s).

E

“Eastern Neighborhoods Community Improvements Fund.” The fund into which all fee revenue collected by the City from the Eastern Neighborhoods Impact Fee is deposited.

(Amended by Ord. 296-18; see Sec. 401 history note.)

"Eastern Neighborhoods Infrastructure Impact Fee." The fee collected by the City to mitigate impacts of new development in the Eastern Neighborhoods Program Area, as described in the Findings in Section 423.1

"Eastern Neighborhoods Program Area." The Eastern Neighborhoods Plan Area in Map 1 (Land Use Plan) of the Eastern Neighborhoods Area Plan of the San Francisco General Plan.

"Eastern Neighborhoods Public Benefits Program." The program intended to implement the community improvements identified in the five Area Plans affiliated with the Eastern Neighborhoods (Central Waterfront, East SoMa, Western SoMa, Mission, and Showplace Square/Potrero Hill), as articulated in the Eastern Neighborhoods Public Benefits Program Document, on file with the Clerk of the Board in File No. 081155, and the Western SoMa Public Benefits Program Document, on file with the Clerk of the Board in File No. 130004.)

"Economic activity category." Under the TIDF, one of the following six categories of non-residential uses: Cultural/Institution/Education (CIE), Management, Information and Professional Services (MIPS), Medical and Health Services, Production/Distribution/Repair (PDR), Retail/Entertainment, and Visitor Services.

"Entertainment use." For the purposes of this Section shall mean space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of Nighttime Entertainment, General Entertainment, Adult Businesses, and Movie Theater uses as defined in Section 102 regardless of the zoning district that the use is located in.

F

“Final Approval.” For the purposes of this Section 401 shall mean (1) approval of a project’s first Development Application, unless such approval is appealed; or (2) if a project only requires a building permit, planning approval of the first site or building permit, unless such permit is appealed; or (3) if the first Development Application or first site or building permit is appealed, then the final decision upholding the Development Application, or first site or building permit, on the appeal by the relevant City Board or Commission.

al is appealed; or (2) if a project only requires a building permit, planning approval of the first site or building permit, unless such permit is appealed; or (3) if the first Development Application or first site or building permit is appealed, then the final decision upholding the Development Application, or first site or building permit, on the appeal by the relevant City Board or Commission.

(Amended by Ord. 193-23; Ord. 188-25; see Sec. 401 history note.)

"First Certificate of Occupancy." Either a temporary Certificate of Occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 109A, whichever is issued first.

"First construction document." As defined in Section 107A.13.1 of the San Francisco Building Code.

"First-time homebuyer household." At a minimum, shall be a household in which no member of the qualifying household may have owned any interest in a dwelling unit for a three-year period prior to applying to qualify for purchase of a unit restricted as affordable under the Inclusionary Housing Program. The Procedures Manual may contain additional requirements as necessary.

G

"Gross Floor Area." The total area of each floor within the building's exterior walls, as defined in Section 102 of this Code, except for areas devoted to off-street parking and except that for the purposes of determining the applicability of the TIDF, the exclusion from this definition set forth in Subsection (b)(13) of the definition of Gross Floor Area shall not apply. The provision for certain projects in the Van Ness Special Use District set forth in Subsection (b)(20) of the definition shall apply.

(Amended by Ord. 52-15; Ord. 188-15; see Sec. 401 history note.)

"Gross square feet of use." The meaning set forth in Section 102 of this Code, except for areas devoted to off-street parking and with the exception of the TIDF. With respect to the TIDF, the total square feet of gross floor area in a building and/or space within or adjacent to a structure devoted to all uses covered by the TIDF, including any common areas exclusively serving such uses and not serving residential uses. Where a structure contains more than one use, areas common to two or more uses, such as lobbies, stairs, elevators, restrooms, and other ancillary spaces included in gross floor area that are not exclusively assigned to one uses shall be apportioned among the two or more uses in accordance with the relative amounts of gross floor area, excluding such space, in the structure or on any floor thereof directly assignable to each use.

(Amended by Ord. 52-15; see Sec. 401 history note.)

H

"Hope SF Project Area" shall mean an area owned by or previously owned by the San Francisco Housing Authority that is currently undergoing, or planned to undergo redevelopment, whereby existing affordable dwelling units will be replaced, new affordable housing units will be constructed, and market-rate units may be constructed as a means to crosssubsidize newly needed infrastructure and affordable units. Hope SF Project Area shall include the Hunters View project, which is located within the Hunters View Special Use District, the Potrero Terrace and Annex Project, which includes Assessor's Block 4367, Lots 004 and 004A; Block 4220A, Lot 001, Block 4222, Lot 001; and Block 4223, Lot 001; and the Sunnydale/Velasco Project, which includes Assessor's Block 6310, Lot 001; Block 6311, Lot 001; Block 6312, Lot 001; Block 6313, Lot 001; Block 6314, Lot 001; and Block 6315, Lot 001.

(Added by Ord. 200-15 and Ord. 222-15 ; see Sec. 401 history note.)

"Household." Any person or persons who reside or intend to reside in the same housing unit.

"Household of low income." For purposes of Section 415 et seq ., a household whose combined annual gross income for all members does not exceed 55 percent of AMI.

"Household of median income." For purposes of Section 415 et seq ., a household whose combined annual gross income for all members does not exceed 90 percent of AMI.

"Household of moderate income." For purposes of Section 415 et seq ., a household whose combined annual gross income for all members does not exceed 110 percent of AMI.

"Housing developer." Any business entity building housing units which receives a payment from a sponsor for use in the construction of the housing units. A housing developer may be

• (a) the same business entity as the sponsor,

• (b) an entity in which the sponsor is a partner, joint venturor, or stockholder, or

• (c) an entity in which the sponsor has no control or ownership.

“Housing project.” Any development which includes a Residential Use as defined in Section 102 of this Code, including but not limited to Dwellings, Group Housing, Single Room Occupancy Units, independent living units, and other forms of development which are intended to provide long-term housing to individuals and households. “Housing project” shall not include that portion of a development that qualifies as an Institutional Use under the Planning Code. “Housing project” for purposes of the Inclusionary Housing Program shall also include the development of Live/Work units as defined by Section 102. Housing project for purposes of the Inclusionary Housing Program shall mean all phases or elements of a multi-phase or multiple lot residential development.

(Amended by Ord. 164-15; Ord. 202-18; see Sec. 401 history note.)

"Housing unit" or "unit." A residential use in a Housing project. For the purposes of the Inclusionary Affordable Housing Program, Planning Code Section 415 et seq. , and corresponding definitions in this Section 401, the use of the word "unit" will also mean bedrooms where a Group Housing or other Housing project is measured by number of bedrooms. (Amended by Ord. 164-15; see Sec. 401 history note.)

ng unit" or "unit." A residential use in a Housing project. For the purposes of the Inclusionary Affordable Housing Program, Planning Code Section 415 et seq. , and corresponding definitions in this Section 401, the use of the word "unit" will also mean bedrooms where a Group Housing or other Housing project is measured by number of bedrooms. (Amended by Ord. 164-15; see Sec. 401 history note.)

I

"Improvements Fund." The fund into which all revenues collected by the City for each Program Area's impact fees are deposited.

"Infrastructure." Open space and recreational facilities; public realms improvements such as pedestrian improvements and streetscape improvements; public transit facilities; and community facilities such as libraries, child care facilities, and community centers.

"Institutional use." Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of an Institutional use as defined in Code Section 102, regardless of the zoning district that the use is located in. "Interim Guidelines." The Office Housing Production Program Interim Guidelines adopted by the Planning Commission on January 26, 1982, as amended.

L

"Life of the project." The time during which the development authorized by the Planning Department or Commission, or any modification of such development, remains in existence in or upon the subject property and thereby confers benefit upon the subject property.

"Low income." For purposes of this Article, up to 80% of median family income for the San Francisco PMSA, as calculated and adjusted by the United States Department of Housing and Urban Development (HUD) on an annual basis, except that as applied to housing-related purposes such as the construction of affordable housing and the provision of rental subsidies with funds from the SOMA Stabilization Fund established in Section 418.7, it shall mean up to 60% of median family income for the San Francisco PMSA, as calculated and adjusted by HUD on an annual basis.

M

“Management, Information and Professional Services (MIPS).” An economic activity category under the TIDF that includes, but is not limited to, Office Uses; Health Service uses; Business Service uses; Integrated PDR; and Small Enterprise Workspaces.

(Amended by Ord. 202-18; Ord. 63-20; see Sec. 401 history note.)

"Market and Octavia Community Improvements Fund." The fund into which all fee revenue collected by the City from the Market and Octavia Community Improvements Fee is deposited.

"Market and Octavia Community Improvements Impact Fee." The fee collected by the City to mitigate impacts of new development in the Market and Octavia Program Area, as described in the findings in Section 421.1.

“Market and Octavia Community Improvements Program.” The program intended to implement the community improvements identified in the Market and Octavia Area Plan, as articulated in the Market and Octavia Community Improvements Program Document on file with the Clerk of the Board in File No. 071157, and as updated in the revised Market and Octavia Community Improvements Program Document, identified as part of the amendments to the Market and Octavia Area Plan for the area known as the Hub, on file with the clerk of the board in File No. 200559. (Amended by Ord. 126-20; see Sec. 401 history note.)

“Market and Octavia Program Area.” The Market and Octavia Plan Area in Map 1 (Land Use Plan) of the Market and Octavia Area Plan of the San Francisco General Plan, which includes those districts zoned RTO, NCT, or any neighborhood specific NCT, a few parcels zoned RH-1 or RH-2, and those parcels within the Van Ness and Market Downtown Residential Special Use District (VMDRSUD). The Program Area shall also include the entirety of the Upper Market NCT District, including any portions of such District that fall outside of the Market and Octavia Plan Area. (Amended by Ord. 83-17; see Sec. 401 history note.)

"Market rate housing." Housing constructed in the principal project that is not subject to sales or rental restrictions.

"Maximum annual rent." The maximum rent that a housing developer may charge any tenant occupying an affordable unit for the calendar year. The maximum annual rent for an affordable housing unit of the size indicated below shall be no more than 30% of the annual gross income for a household of low income as defined in this Section, as adjusted for the household size indicated below, except in the case of Single Room Occupancy units and Group Housing units that are less than 350 square feet (both as defined in Section 102), which shall be 75% of the maximum rent level for studio units, as of the first date of the tenancy:

At no time can a rent increase, or can multiple rent increases within one year, exceed the percentage change in Maximum Monthly Rent levels as published by MOHCD from the previous calendar year to the current calendar year. (Amended by Ord. 164-15; Ord. 210-21; see Sec. 401 history note.)

“Maximum purchase price.” The maximum purchase price for an Owned Unit of the size indicated below except in the case of Single Room Occupancy units and Group Housing units that are less than 350 square feet (both as defined in Section 102), which shall be 75% of the maximum purchase price level for studio units, that is affordable to a household of moderate income, adjusted for the household size indicated below, assuming an annual payment for all housing costs of 33 percent of the combined household annual gross income, a down payment recommended by MOHCD and set forth in the Procedures Manual, and available financing:

(Amended by Ord. 164-15; Ord. 210-21 ; see Sec. 401 history note.)

“Mayor’s Office of Housing” or “MOH.” The Mayor’s Office of Housing and Community Development or its successor.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“Medical and Health Services.” An economic activity category under the TIDF that includes, but is not limited to, Hospital use and Social Service and Philanthropic Facility uses.

(Amended by Ord. 202-18; see Sec. 401 history note.)

"Middle Income Household." Except as used in Section 415 et seq ., a household whose combined annual gross income for all members is between 120 percent and 150 percent of the local median income for the City and County of San Francisco, as calculated by the Mayor's Office of Housing using data from the United States Department of Housing and Urban Development (HUD) and adjusted for household size or, if data from HUD is unavailable, as calculated by the Mayor's Office of Housing using other publicly available and credible data and adjusted for household size.

“MOH.” The Mayor’s Office of Housing, or the Mayor’s Office of Housing and Community Development, or its successor.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“MOHCD.” The Mayor’s Office of Housing and Community Development, or its successor.

(Added by Ord. 210-21; see Sec. 401 history note.)

"MTA." The Municipal Transportation Agency, or its successor.

"Municipal Railway; MUNI." The public transit system owned by the City and under the jurisdiction of the MTA. "Museum." A permanent institution open to the public, which acquires, conserves, researches, communicates and exhibits the heritage of humanity or the environment.

N

"Nonprofit child-care provider." A child-care provider that is an organization organized and operated for nonprofit purposes within the provisions of California Revenue and Taxation Code Sections 23701-23710, inclusive, as

demonstrated by a written determination from the California Franchise Tax Board exempting the organization from taxes under Revenue and Taxation Code Section 23701.

"Nonprofit organization." An organization organized and operated for nonprofit purposes within the provisions of California Revenue and Taxation Code Sections 23701-23710, inclusive, as demonstrated by a written determination from the California Franchise Tax Board exempting the organization from taxes under Revenue and Taxation Code Section 23701.

O

“Off-site Unit.” A unit Affordable to Qualifying Households constructed pursuant to this Article on a site other than the site of the Principal Project. If a Housing Project is constructed in multiple phases or consists of multiple buildings,

Affordable Units may be constructed in one building or phase. (Amended by Ord. 210-21; see Sec. 401 history note.)

“On-site Unit.” A unit Affordable to Qualifying Households constructed pursuant to this Article on the site of the principal project. If a Housing Project is constructed in multiple phases or consists of multiple buildings, Affordable Units shall be distributed proportionally throughout the building or phase.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“Owned Unit.” A unit Affordable to Qualifying Households that is a condominium, stock cooperative, community apartment, or detached single-family home. The owner or owners of an Owned Unit must occupy the unit as their primary residence. An Owned Unit shall not be Group Housing, as defined in Section 102.

(Amended by Ord. 210-21; Ord. 13-26; see Sec. 401 history note.)

"Owner." The record owner of the fee or a vendee in possession.

“Owner Occupied.” A qualified-income owner lives in the affordable unit as his or her principal residence and resides in the unit for a minimum period of time set forth in the Procedures Manual. (Amended by Ord. 202-18; see Sec. 401 history note.)

P

"Principal project." A housing development on which a requirement to provide affordable housing units is imposed. "Principal site." The total site proposed for development, including the portion of site proposed to be legally transferred to the City and County of San Francisco.

“Procedures Manual.” The City and County of San Francisco Inclusionary Affordable Housing Program Monitoring Procedures Manual issued by the Mayor’s Office of Housing and Community Development, as amended from time to time.

(Amended by Ord. 210-21; see Sec. 401 history note.)

"Program" or "Inclusionary Housing Program." The Inclusionary Affordable Housing Program as detailed in Sections 415-417.

Q

“Qualifying Income.” The income at which a household meets the income eligibility requirements for a particular BMR Unit. The Qualifying Income may be higher than the maximum income limit or income range required in the Notice of Special Restrictions or other document establishing affordability restrictions for the BMR Unit. (Added by Ord. 258-24; see Sec. 401 history note.)

R

"Rent" or "rental." The total charges for rent, utilities, and related housing services to each household occupying an affordable unit.

“Rental Unit.” A unit Affordable to Qualifying Households that is not a condominium, stock cooperative, or community apartment.

(Amended by Ord. 210-21; see Sec. 401 history note.)

“Replacement of use.” The total amount of Gross Floor Area, as defined in Section 102 of this Code, to be demolished and reconstructed by a development project. For purposes of calculating any impact fees, credits, or waivers under Article 4, if the Gross Floor Area to be demolished has no legally established use, the replacement of use shall consider the last legal use.

(Amended by Ord. 202-18; Ord. 124-25; see Sec. 401 history note.)

"Research and development use." Space within any structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Section 890.52, regardless of the zoning district that the use is located in.

“Retail/entertainment.” An economic activity category under the TIDF that includes, but is not limited to, a Retail Use, except those Retail Uses which are also PDR Uses; an entertainment use as defined in this section; and Massage Establishments.

(Amended by Ord. 202-18; see Sec. 401 history note.)

"Retail use." For the purposes of this Section, space within any structure or portion thereof intended or primarily suitable for or accessory to the operation of uses contained in the definition of Retail Sales and Services in Section 102, excluding any use that is also considered a PDR Use per Section 102, regardless of the zoning district that the use is located in. "Revenue services hours." The number of hours that the Municipal Railway provides service to the public with its entire fleet of buses, light rail (including streetcars), and cable cars.

"Rincon Hill Community Improvements Fund." The fund into which all fee revenue collected by the City from the Rincon Hill Community Infrastructure Impact Fee is deposited.

"Rincon Hill Community Infrastructure Impact Fee." The fee collected by the City to mitigate impacts of new development in the Rincon Hill Program Are, as described in the findings in Section 418.1.

"Rincon Hill Program Area." Those districts identified as the Rincon Hill Downtown Residential (RH DTR) Districts in the Planning Code and on the Zoning Maps.

S

"Section 6932." Section 6932 of Title 25 of the California Code of Regulations as such section applies to the County of San Francisco.

"Significant increase in residential development potential" shall mean, for purposes of Charter Section 16.110(h) and the implementation of the Inclusionary Affordable Housing Program, for areas subject to a change in zoning enacted after November 6, 2012 that affects 40 or more acres or greater and results in a significant increase in residential development potential, where the area is not also encompassed by a Special Use District adopted after November 6, 2012:

(a) a 20% or greater increase in developable residential gross floor area, as measured by a change in height limits, Floor Area Ratio limits, or use, over prior zoning, or

(b) a change in use permitting Residential Uses (either as a principally permitted use or with a Conditional Use authorization) where Residential Uses were not previously principally permitted or permitted with a Conditional Use authorization, or

• (c) For parcels with an existing residential development capacity of 10 units or greater, the lesser of

1. a 50% or greater increase in residential densities over prior zoning, or,

2. an increase in density of at least 15 additional units over the number of units allowed under prior zoning.

3. For the purposes of determining residential development capacity, the Planning Department shall use unit sizes and efficiency ratios typical (or the subject area at the time of the rezoning.

This definition was adopted by the Board of Supervisors in Motion M13-097 and may only be amended under Charter Section 16.110(h)(1)(B)(iv).

(Amended by Ord. 188-15; see Sec. 401 history note.)

Small Family Daycare Home. A Small Family Daycare Home is defined by California Health & Safety Code Section 1596.78(c), as amended from time to time.

(Added by Ord. 2-16 ; see Sec. 401 history note.)

"SOMA." The area bounded by Market Street to the north, Embarcadero to the east, King Street to the south, and South Van Ness and Division to the west.

"SOMA Community Stabilization Fee." The fee collected by the City to mitigate impacts on the residents and businesses of SOMA of new development in the Rincon Hill Program Area, as described in the findings in Section 418.1.

"SOMA Community Stabilization Fund." The fund into which all fee revenue collected by the City from the SOMA Community Stabilization Fee is deposited.

"Sponsor" or "project sponsor." An applicant seeking approval for construction of a development project subject to this Article, such applicant's successor and assigns, and/or any entity which controls or is under common control with such applicant.

"Stock cooperative." As defined in California Business and Professions Code Section 11003.2.

T

"TIDF; Transit Impact Development Fee." The development fee that is the subject of Section 411.1 et seq . of this Article.

"TIDF Study." The study commissioned by the San Francisco Planning Department and performed by Nelson/Nygaard Associates entitled "Transit Impact Development Fee Analysis - Final Report," dated May 2001, including all the Technical Memoranda supporting the Final Report and the Nelson/Nygaard update materials contained in Board of Supervisors File No. 040141.

"TIDF Update Report." The study commissioned by MTA and performed by Cambridge Systematics, Inc. and Urban Economics entitled "Transit Impact Development Fee Update Draft Final Report," dated February, 2011, and contained in Board of Supervisors File No. 120523.

"Total developable site area." That part of the site that can be feasibly developed as residential development, excluding land already substantially developed, parks, required open spaces, streets, alleys, walkways or other public infrastructure. "Treasurer." The Treasurer for the City and County of San Francisco.

"Trip generation rate." The total number of automobile and Municipal Railway trips generated for each 1,000 square feet of development in a particular economic activity category as established in the TIDF Study, the 2011 TIDF update report, or pursuant to the five-year review process established in Section 410 of this Article.

U

V

"Visitacion Valley." The area bounded by Carter Street and McLaren Park to the west, Mansell Street to the north, Route 101 between Mansell Street and Bayshore Boulevard to the northeast, Bayview Park to the north, Candlestick Park and Candlestick Point Recreation Area to the east, the San Francisco Bay to the southeast, and the San Francisco County line to the south.

"Visitor services." An economic activity category under the TIDF that includes, but is not limited to, Hotel use; Motel use, as defined in Section 102 of this Code; and time-share projects, as defined in Section 11003.5(a) of the California Business and Professions Code.

W

"Waiver Agreement." An agreement acceptable in form and substance to the City Attorney and the Planning Department under which the City agrees to waive all or a portion of the Community Improvements Impact Fee. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 321-10, File No. 101095, App. 12/21/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 247-12 , File No. 120523, App.

12/18/2012, Eff. 1/17/2013; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Motion M13-097, File No. 130647, Ad. 7/23/2013, Eff. 8/22/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 52-15 , File No. 141266, App. 4/30/2015, Eff. 5/30/2015; 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. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; Ord. 83-17, File No. 170003, App. 3/24/2017, Eff. 4/23/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2019, Eff. 1/12/2019; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 12620, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

1/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Definition amended; Ord. 196-11 , Eff. 11/3/2011. Definition amended; definitions deleted; Ord. 188-12 , Eff. 10/11/2012. Definitions added, amended, and deleted; Ord. 247-12 , Eff. 1/17/2013. Definition amended; Ord. 42-13 , Eff. 4/27/2013. Definitions amended; Ord. 62-13 , Eff. 5/10/2013. Definition added; Motion M13-097, Eff. 8/22/2013. Definitions amended; Ord. 22-15, Eff. 3/22/2015. See individual definitions for subsequent history notes.

Editor's Note:

Ordinance 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).

SEC. 401A. FINDINGS.

(a) General Findings. The Board makes the following findings related to the fees imposed under Article 4.

(1) Application. The California Mitigation Fee Act, Government Code Section 66000 et seq . may apply to some or all of the fees in this Article 4. While the Mitigation Fee Act may not apply to all fees, the Board has determined that general compliance with its provisions is good public policy in the adoption, imposition, collection, and reporting of fees collected under this Article 4. By making findings required under the Act, including the findings in this Subsection and findings supporting a reasonable relationship between new development and the fees imposed under this Article 4, the Board does not make any finding or determination as to whether the Mitigation Fee Act applies to all of the Article 4 fees.

(2) Timing of Fee Collection. For any of the fees in this Article 4 collected prior to the issuance of the certificate of occupancy, the Board of Supervisors makes the following findings set forth in California Government Code Section 66007(b): the Board of Supervisors finds, based on information from the Planning Department in Board File No. 150149, that it is appropriate to require the payment of the fees in Article 4 at the time of issuance of the first construction document because the fee will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule or plan prior to the final inspection or issuance of the certificate of occupancy or because the fee is to reimburse the City for expenditures previously made for such public improvements or facilities.

the fee will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule or plan prior to the final inspection or issuance of the certificate of occupancy or because the fee is to reimburse the City for expenditures previously made for such public improvements or facilities.

(3) Administrative Fee. The Board finds, based on information from the Planning Department in Board File No. 150149, that the City agencies administering the fee will incur costs equaling 5% or more of the total amount of fees collected in administering the funds established in Article 4. Thus, the 5% administrative fee included in the fees in this Article 4 do not exceed the cost of the City to administer the funds.

(b) Specific Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”) and the San Francisco Infrastructure Level of Service Analysis (“Level of Service Analysis”), both on file with the Clerk of the Board in File No. 230764 and adopts the findings and conclusions of those studies, specifically the sections of those studies establishing levels of service for and a nexus between new development and four infrastructure categories: Recreation and Open Space, Childcare, Complete Streets, and Transit Infrastructure. The Board of Supervisors finds that, as required by California Government Code Section 66001, for each infrastructure category analyzed, the Nexus Analysis and Infrastructure Level of Service Analysis: identify the purpose of the fee; identify the use or uses to which the fees are to be put, including a reasonable level of service; determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed; determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the facility attributable to the development. Specifically, as discussed in more detail in and supported by the Nexus Analysis and Infrastructure Level of Service Analysis the Board adopts the following findings:

(1) Recreation and Open Space Findings.

(A) Purpose. The fee will help maintain adequate park capacity required to serve new service population resulting from new development.

(B) Use. The fee will be used to fund projects that directly increase park capacity in response to demand created by new development. Park and recreation capacity can be increased either through the acquisition of new park land, or through capacity enhancements to existing parks and open space. Examples of how development impact fees would be used include: acquisition of new park and recreation land; lighting improvements to existing parks, which extend hours of operation on play fields and allow for greater capacity; recreation center construction, or adding capacity to existing facilities; and converting passive open space to active open space including but not limited to through the addition of trails, play fields, and playgrounds.

(C) Reasonable Relationship. As new development adds more employment and/or residents to San Francisco, it will increase the demand for park facilities and park capacity. Fee revenue will be used to fund the acquisition and additional capacity of these park facilities. Each new development project will add to the incremental need for recreation and open space facilities described above. Improvements considered in the Nexus Study are estimated to be necessary to maintain the City's effective service standard.

(D) Proportionality. The new facilities and costs allocated to new development are based on the existing ratio of the City’s service population to acres of existing recreation and open space. The scale of the capital facilities and associated costs are proportional to the projected levels of new development and the existing relationship between service population and recreation and open space. The cost of the deferred maintenance required to address any operational shortfall within the City’s recreation and open space provision will not be financed by development fees.

(2) Childcare Findings.

(A) Purpose. The fee will support the provision of childcare facility needs resulting from an increase in San Francisco's residential and employment population.

(B) Use. The childcare impact fee will be used to fund capital projects related to infant, toddler, and preschool-age childcare. Funds will pay for the expansion of childcare slots for infant, toddler, and preschool children.

(C) Reasonable Relationship. New residential and commercial development in San Francisco will increase the demand for infant, toddler and preschool-age childcare. Fee revenue will be used to fund the capital investment needed for these childcare facilities. Residential developments will result in an increase in the residential population, which results in growth in the number of children requiring childcare. Commercial development results in an increase of the employee population, which similarly require childcare near their place of work. Improvements considered in this study are estimated to be necessary to maintain the City's provision of childcare at its effective service standard.

(D) Proportionality. The costs allocated to new development are based on the estimated childcare demand

generated by future development[1] Capital costs required to provide these childcare spaces to accommodate the new

population are based on the City’s cost of funding new childcare facilities and assigned to new housing units and new nonresidential development on a per-square-foot basis. The scale of the capital facilities and associated costs are directly proportional to the expected levels of new development and the corresponding increase in childcare demands.

(3) Complete Streets Findings.

(A) Purpose. “Complete Streets” encompass sidewalk improvements, such as lighting, landscaping, and safety measures, and sustainable street elements more broadly, including bike lanes, sidewalk paving and gutters, lighting, street trees and other landscaping, bulb-outs, and curb ramps. The primary purpose of the Complete Streets impact fee is to fund capital investments in bicycle, streetscape, and pedestrian infrastructure to accommodate the growth in street activity.

(B) Use. The Complete Streets fees will be used to implement the Better Streets Plan (2010), on file in Board File No. 230764, including enhancement of the pedestrian network in the areas surrounding new development – whether through sidewalk improvements, construction of complete streets, or pedestrian safety improvements – and development of new premium bike lanes, upgraded intersections, additional bicycle parking, and new bicycle sharing program stations..1

(C) Reasonable Relationship. New residential and non-residential development brings an increased demand for new or expanded and improved Complete Streets infrastructure. This relationship between new development, an influx of residents and workers, and a demand for complete streets infrastructure provides the nexus for an impact fee. Complete Streets impact fees, imposed on new development, fund the construction of new and enhanced complete streets infrastructure for the additional residents and workers directly attributable to new development.

(D) Proportionality. The fees allocated to new development are based on the existing ratio of the City’s service population to a conservative estimate of its current Complete Streets infrastructure provision to date – in the form of square feet of Complete Streets sidewalk per thousand service population units. The costs associated with this level of improvement are drawn from the cost per square foot associated with constructing Complete Streets elements based on data from the San Francisco Planning Department, Department of Public Works, Public Utilities Commission, and Municipal Transportation Agency. Due to the locational variation in the cost of building Complete Street elements, the fee calculation includes a 20 percent markup for the downtown area..1 The scale of the capital facilities and associated costs are directly proportional to the expected levels of new development and the existing relationship between service population and Complete Streets infrastructure. The cost of the deferred maintenance required to address any operational shortfall is not allocated to be funded by new development.

(4) Transit Infrastructure Findings.

(A) Purpose. Transit Infrastructure funds will be used to meet the demand for transit capital maintenance, transit capital facilities and fleet, and pedestrian and bicycle infrastructure generated by new development in the City.

(B) Use. Transit Infrastructure fees will fund transit capital maintenance and transit capital facilities to maintain the existing level of service. Revenues for capital maintenance operating costs will improve vehicle reliability to expand transit services. Revenues for capital facilities will be used for transit fleet expansion, improvements to increase SFMTA transit speed and reliability, and improvements to regional transit operators. Though the fees are calculated based on transit maintenance and facilities, fee revenues may be used for pedestrian and bicycle improvements to complement revenue from the Complete Streets fee, including Area Plan complete street fees.

(C) Reasonable Relationship. The Transit Infrastructure fee is reasonably related to the financial burden that development projects impose on the City. As development generates new trips, the SFMTA must increase the supply of transit services and therefore capital maintenance expenditures to maintain the existing transit level of service. Development also increases the need for expanded transit facilities due to increased transit and auto trips.

(D) Proportionality. The existing level of service for transit capital maintenance is based on the current ratio of the supply of transit services (measured by transit revenue service hours) to the level of transportation demand (measured by number of automobile plus transit trips). The fair share cost of planned transit capital facilities is allocated to new development based on trip generation from new development as a percent of total trip generation served by the planned facility, including existing development. The variance in the fee by economic activity category based on trip generation,

and the scaling of the fee based on the size of the development project, supports proportionality between the amount of the fee and the share of transit capital maintenance and facilities attributable to each development project.

(5) Additional Findings. The Board finds that the Nexus Analysis and Level of Service Analysis establish that the fees are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The City may fund the cost of remedying existing deficiencies through other public and private funds. The Board also finds that the Nexus Analysis and Level of Service Analysis establish that the fees do not duplicate other City requirements or fees. The Board further finds that there is no duplication in fees applicable on a Citywide basis and fees applicable within an Area Plan. Moreover, the Board finds that these fees are only one part of the City’s broader funding strategy to address these issues. Residential and non-residential impact fees are only one of many revenue sources necessary to address the City’s infrastructure needs.

r fees. The Board further finds that there is no duplication in fees applicable on a Citywide basis and fees applicable within an Area Plan. Moreover, the Board finds that these fees are only one part of the City’s broader funding strategy to address these issues. Residential and non-residential impact fees are only one of many revenue sources necessary to address the City’s infrastructure needs.

(Added by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended; new division (b)(5) added; former division (b)(5) redesignated as (b)(6) and amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Divisions (b), (b)(1)(D), (b)(2)(D), (b)(3)-(b)(3)(D) amended; (b)(4)-(b)(4)(D) deleted; (b)(5)-(6) amended as (b)(4)-(5); Ord. 193-23, Eff. 10/16/2023.

CODIFICATION NOTE

1. So in Ord. 193-23.

SEC. 402. PROCEDURE FOR PAYMENT AND COLLECTION OF DEVELOPMENT FEES.

(a) Collection by the Development Fee Collection Unit. Except as otherwise authorized in Section 411.9, all development impact and in-lieu fees authorized by this Code shall be collected by the Development Fee Collection Unit at DBI in accordance with Section 107A.13 of the San Francisco Building Code.

(b) Required Department Notice to Development Fee Collection Unit; Request to Record Notice of Fee.

(1) Required Notice. When the Planning Department determines that a development project is subject to one or more development fees or development impact requirements as set forth in Section 402(e), the Department shall send written or electronic notification to the Development Fee Collection Unit at DBI, and also to MOH, MTA or other applicable agency that administers an applicable development fee or development impact requirement, that:

(i) identifies the development project,

(ii) lists which specific development fees and/or development impact requirements are applicable and the legal authorization for their application,

(iii) specifies the dollar amount of the development fee or fees that the Department calculates is owed to the City or that the project sponsor has elected to satisfy a development impact requirement through the provision of physical or "inkind" improvements, and

(iv) lists the name and contact information for the staff person at each agency or department responsible for calculating the development fee or monitoring compliance with the development impact requirement for physical or inkind improvements.

(2) Amended Notices. The Department shall send an amended notice to the Development Fee Collection Unit, and also to any department or agency that received the initial notice, if at any time subsequent to its initial notice:

(i) any of the information required by subsection (1) above is changed or modified, or

(ii) the development project is modified by the Department or Commission during its review of the project and the modifications change the dollar amount of the development fee or the scope of any development impact requirement.

(3) Optional Recordation of Notice of Special Restrictions Prior to Issuance of Building or Site Permit. Prior to issuance of a building or site permit for a development project subject to a development fee or development impact requirement, the Department may request the Project Sponsor to record a notice with the County Recorder that a development project is subject to a development fee or development impact requirement. The County Recorder shall serve or mail a copy of such notice to the persons liable for payment of the fee or satisfaction of the requirement and the owners of the real property described in the notice. The notice shall include:

(i) a description of the real property subject to the development fee or development impact requirement, (ii) a statement that the development project is subject to the imposition of the development fee or development impact requirement, and

(iii) a statement that the dollar amount of the fee or the specific development impact requirement to which the project is subject has been determined under Article 4 of this Code and citing the applicable section number.

(c) Process for Revisions of Determination of Development Impact Fee(s) or Development Impact

Requirement(s). In the event that the Department or the Commission takes action affecting any development project subject to this Article and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the building permit or building permit application for such development project shall be remanded to the Department to determine whether the development project has been changed in a manner which affects the calculation of the amount of development fees or development impact requirements required under this Article and, if so, the Department shall revise the requirement imposed on the permit application in compliance with this Article within 30 days of such remand and notify the project sponsor in writing of such revision or that a revision is not required. The Department shall notify the Development Fee Collection Unit at DBI if the revision materially affects the development fee requirements originally imposed under this Article so that the Development Fee Collection Unit update the Project Development Fee Report and re-issue the associated building or site permit for the project, if necessary, to ensure that any revised development fees or development impact requirements are enforced.

(d) Timing of Fee Payments. All impact fees are due and payable to the Development Fee Collection Unit at DBI consistent with the provisions of Section 107A.13.3 of the Building Code.

(e) Amount and Applicability of Impact Fees. When the Planning Department determines that a project is subject to development impact fees established in the Planning Code, with the exception of the Inclusionary Housing Fee as set forth in Section 415 et seq. , the assessment shall be based on the types of fees and the rates of those fees in effect at the time of Final Approval. After Final Approval, the City shall not impose subsequently established development impact fees or increase the rate of existing fees on the development project, including annual inflation adjustments pursuant to Section 409, except as provided in subsections (e)(1)-(e)(2) of this Section 402. The Planning Department shall transmit the fee assessment to the Development Fee Collection Unit at DBI in accordance with this Section 402.

(1) Modification, Renewal, Extension for Projects. After the Final Approval, if a development project requires a modification to, renewal, or extension of a previously approved Development Application, the Planning Department shall reassess development impact fees pursuant to subsection (e)(2). For the purposes of this subsection (e)(1), a “modification” shall not include a legislatively-authorized reduction or waiver of fees, including any waivers pursuant to Section 406.

(2) Amount of Reassessment. For any development project that requires a modification to, renewal, or extension pursuant to subsection (e)(1), the Planning Department shall reassess fees as follows:

(A) Modified Projects. For projects increasing Gross Floor Area of any use, the Planning Department shall assess the new or increased Gross Floor Area by applying the types of impact fees in effect at the time of Final Approval at the rates in effect at the time of modification. For projects reducing Gross Floor Area, the Planning Department shall assess the types and rates of fees in effect at the time of Final Approval only on the remaining Gross Floor Area. If the modified project would result in a new type of fee or a different rate based on applicable thresholds in effect at the time of Final Approval, the entire project square footage is subject to the new type of fee or different rate in effect at the time of modification. The City shall refund fees, if any, without interest, based on the fees in effect at the time of Final Approval.

(B) Renewal and Extended Projects. For projects receiving a renewal or extension, the Planning Department shall reassess fees for the entire project’s Gross Floor Area based on the type of fees and rates of those fees in effect at the time of renewal or extension.

(3) Projects Approved Prior to Effective Date of Ordinance in Board File No. 230764. For projects that have obtained a Final Approval, but that have not yet obtained a first site or building permit prior to the effective date of the ordinance in Board File No. 230764, the assessed types and rates of impact fees shall not be increased after that effective date, unless such project requires a modification, extension, or renewal pursuant to subsection (e)(1)-(2) of this Section 402. For projects that have obtained a Final Approval and a site or building permit prior to the effective date of the ordinance in Board File No. 230764, the types and rate of fees are those assessed at the time of site or building permit issuance, subject to legislative reduction or waiver of fees, unless such project requires a modification, extension, or renewal pursuant to subsection (e)(1)-(2) of this Section 402.

(4) Applicability to Development Agreements.

(A) For projects subject to development agreements executed prior to the effective date of the ordinance in Board File No. 230764, the Planning Department shall assess the applicable fees pursuant to the development agreement and no later than the earlier of site or building permit issuance.

(B) Except as may otherwise be agreed to by the parties, for a project subject to a development agreement executed on or after the effective date of the ordinance in Board File No. 230764, the Planning Department shall assess the applicable fees at the earlier of site or building permit issuance.

(C) The procedures set forth in subsection (e)(1)-(2) shall govern the modification, renewal, or extension of a project subject to a development agreement.

(D) In the event of a conflict between this Section 402(e) and the terms of a development agreement, the terms of the development agreement shall apply, unless the development agreement is modified pursuant to the terms of that agreement.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025)

AMENDMENT HISTORY

Division (a) amended; Ord. 247-12 , Eff. 1/17/2013. Division (d) added; Ord. 63-20, Eff. 5/25/2020. Divisions (b), (b)(1), and (d) amended; divisions (e)-(e)(4)(D) added; Ord. 193-23, Eff. 10/16/2023. Divisions (d) and (e) amended; Ord. 19625, Eff. 11/24/2025.

SEC. 403. PAYMENT OF DEVELOPMENT FEE(S) OR SATISFACTION OF DEVELOPMENT IMPACT REQUIREMENT(S) AS A CONDITION OF APPROVAL; TEMPORARY FEE REDUCTION PROGRAM.

In addition to any other condition of approval that may otherwise be applicable, the Department or Commission shall require as a condition of approval of a development project subject to a development fee or development impact requirement under this Article 4 that such development fee or fees be paid consistent with the timing set forth in Building Code Section 107A.13.3, in proportion to the amount required for each building if there are multiple buildings, with an option for the project sponsor to defer payment of 85% of the fees, or 80% of the fees if the project is subject to a neighborhood infrastructure impact development fee, to prior to issuance of the first certificate of occupancy, as provided by Section 107A.13.3.1 of the San Francisco Building Code (“Fee Deferral Program”). The Fee Deferral Program shall not apply to fees that must be deposited in the Citywide Affordable Housing Fund (Administrative Code Section 10.10049). Projects subject to development agreements executed pursuant to Chapter 56 of the Administrative Code shall be eligible for the Fee Deferral Program, except as may otherwise be agreed to by the parties to the development agreement. The Department or Commission shall also require as a condition of approval that any development impact requirement

imposed on a development project under this Article shall be satisfied prior to issuance of the first certificate of occupancy for any building or buildings within the development project, in proportion to the amount required for each building if there are multiple buildings.

Temporary Fee Reduction Program. The following development fees assessed on or before November 1, 2026 shall be reduced by 33% for (1) projects that receive a First Construction Document, as defined in Building Code Section 107A.13.1, within 30 months of Final Approval, as defined in Section 415A.2; and (2) for Pipeline Projects as defined in Section 415A.2, if such Pipeline Projects receive a First Construction Document on or before May 1, 2029. Projects approved pursuant to a development agreement under Chapter 56 of the Administrative Code shall not be eligible for a fee reduction under this Section 403. Upon receipt of a First Construction Document, the Planning Department shall

determine whether the project is eligible for the Temporary Fee Reduction Program, and update the fees assessment as applicable. If the project is found eligible, the following fees shall be reduced:

• (1) The Transportation Sustainability Fee (Section 411A);

• (2) The Downtown Park Fee (Section 412);

• (3) The Jobs Housing Linkage Program (Section 413);

• (4) The Childcare Requirement for Office and Hotel Development Projects (Section 414);

• (5) The Childcare Requirements for Residential Projects (Section 414A);

• (6) Market and Octavia Area Plan and Upper Market Neighborhood Commercial District Affordable Housing Fee (Section 416);

• (7) Eastern Neighborhoods Area Plan Affordable Housing Requirement (Section 417);

• (8) Rincon Hill Community Improvements Fund and SOMA Community Stabilization Fund (Section 418);

• (9) Visitation Valley Community Facilities and Infrastructure Fee and Fund (Section 420);

• 1 10 The Market and Octavia Community Improvements Fund (Section 421);

• 11 Balboa Park Community Improvements Fund (Section 422);

• 12 Eastern Neighborhood Impact Fees and Public Benefits Fund (Section 423);

• 13 Van Ness & Market Affordable Housing and Neighborhood Infrastructure Fee and Program (Section 424);

• 14 Transit Center District Open Space Impact Fee and Fund (Section 424.6) and Transportation and Street Improvement Impact Fee (Section 424.7);

• 15 Van Ness and Market Community Facilities Fee and Fund (Section 425);

• 16 Open Space requirements (Sections 426 and 427);

• 17 Public Art Fee (Section 429);

• 18 Bicycle Parking fee (Section 430);

• 19 Central SOMA Community Services Facilities Fees and Fund (Section 432);

• 20 Central SOMA Infrastructure Fee and Fund (Section 433);

• 21 Union Square Park, Recreation, and Open Space Fee (Section 435);

Fees eligible for reduction under this section, including the amount with a reduction, shall be included in the

Controller’s Citywide Development Fee and Development Impact Requirements Report described in Section 409(a). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025)

AMENDMENT HISTORY

Division (b) deleted; section header and section amended; Ord. 193-23, Eff. 10/16/2023. Section header amended; second

and final undesignated paragraphs added; divisions (1)-21 added; Ord. 187-23, Eff. 10/15/2023, and Ord. 201-23, Eff. 11/12/2023. First undesignated paragraph amended; Ord. 196-25, Eff. 11/24/2025.

CODIFICATION NOTE

1. Ord. 187-23 and Ord. 201-23 added the subsection designations 10-21 without parentheses.

SEC. 404. PROJECT DEVELOPMENT FEE REPORT; RESOLUTION OF DEVELOPMENT FEE DISPUTE; APPEAL TO BOARD OF APPEALS; PUBLIC NOTICE; FINDINGS SUPPORTING FEE COLLECTION.

(a) Project Development Fee Report. Under Section 107A.13.7 of the San Francisco Building Code, prior to issuance of the building or site permit for a development project subject to any development fees or development impact requirements, the Development Fee Collection Unit at DBI shall prepare and provide to the project sponsor, or any member of the public upon request, a Project Development Fee Report.

t Development Fee Report.** Under Section 107A.13.7 of the San Francisco Building Code, prior to issuance of the building or site permit for a development project subject to any development fees or development impact requirements, the Development Fee Collection Unit at DBI shall prepare and provide to the project sponsor, or any member of the public upon request, a Project Development Fee Report.

(b) Resolution of Development Fee or Development Impact Requirement Dispute; Appeal to Board of Appeals. If a dispute or question arises concerning the accuracy of the final Project Development Fee Report, including the calculation of any development fee listed thereon, the dispute shall be resolved or appealed to the Board of Appeals in accordance with Section 107A.13.9 of the San Francisco Building Code. The jurisdiction of the Board shall be strictly limited to determining the accuracy of the Report and the mathematical calculation of the development fee or scope of the physical or "in-kind" requirement. The Board has no jurisdiction to: (1) review the scope or amount of the development fee or requirement established by the Code, (2) reduce, adjust, or waive a development fee or requirement on the ground that there is no reasonable relationship or nexus between the impact of development and either the amount of the fee charged or the physical requirement, (3) reduce or waive the development fee or requirement based on housing affordability, duplication of fees, or any other issue related to fairness or equity, or (4) review the nexus studies that support the development fee or requirement and the City's legal authority to impose it.

(c) Public Notice of the Project Development Fee Report. Any public notice issued by the Department of an approval action on a development project that is subject to a development fee or a development requirement under this Article shall notify the public of a right to request a copy of the Project Development Fee Report from the Development Fee Collection Unit at DBI. In addition to this notice, DBI shall provide final notice of the availability of the Project Development Fee Report as part of its standard notice of the issuance of a building or site permit for any project and of the right to appeal the accuracy of the Project Development Fee Report to the Board of Appeals as part of the underlying building or site permit in accordance with Section 107A.13.9 of the San Francisco Building Code. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015)

AMENDMENT HISTORY

Section header and divisions (a) and (b) amended; Ord. 50-15 , Eff. 5/24/2015.

SEC. 405. DEVELOPMENT FEE REFUND WHEN BUILDING PERMIT IS CANCELLED OR EXPIRES PRIOR TO COMPLETION OF WORK AND COMMENCEMENT OF OCCUPANCY.

If a project sponsor cancels or withdraws a building or site permit prior to completion of work and commencement of occupancy of a development project, or a building or site permit expires prior to completion of work and commencement of occupancy so that it will be necessary to obtain a new permit to carry out any new work on the development project, any obligation to comply with this Article shall be cancelled, and any development fee previously paid to the Development Fee Collection Unit at DBI shall be refunded to the project sponsor. If and when the project sponsor applies for a new building or site permit, the procedures set forth in this Article shall be followed for the new development project.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS.

(a) Waiver or Reduction Based on Absence of Reasonable Relationship.

(1) The sponsor of any development project subject to a development fee or development impact requirement imposed by this Article may appeal to the Board of Supervisors for a reduction, adjustment, or waiver of the requirement based upon the absence of any reasonable relationship or nexus between the impact of development and either the amount of the fee charged or the on-site requirement.

(2) Any appeal authorized by this Section shall be made in writing and filed with the Clerk of the Board no later than 15 days after the date the Department or Commission takes final action on the project approval that assesses the requirement. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment.

(3) The Board of Supervisors shall consider the appeal at a public hearing within 60 days after the filing of the appeal. The appellant shall bear the burden of presenting substantial evidence to support the appeal, including comparable technical information to support appellant's position. The decision of the Board shall be by a simple majority vote and shall be final.

(4) If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement. If the Board grants a reduction, adjustment or waiver, the Clerk of the Board shall promptly transmit the nature and extent of the reduction, adjustment or waiver to the Development Fee Collection Unit at DBI and the Unit shall modify the Project Development Fee Report to reflect the change.

(b) Waiver or Reduction, Based on Housing Affordability.

(1) An affordable housing unit shall receive a waiver from the Rincon Hill Community Infrastructure Impact Fee, the Market and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee, the Transportation Sustainability Fee, the Residential Child Care Impact Fee, the Central South of Market Infrastructure Impact Fee, and the Central South of Market Community Facilities Fee if:

ket and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee, the Transportation Sustainability Fee, the Residential Child Care Impact Fee, the Central South of Market Infrastructure Impact Fee, and the Central South of Market Community Facilities Fee if:

(A) the affordable housing unit is affordable to a household earning up to 120% of the Area Median Income (as published by HUD), including units that qualify as replacement Section 8 units under the HOPE SF program;

(B) the affordable housing unit will maintain its affordability for a term of no less than 55 years, as evidenced by a restrictive covenant recorded on the property’s title;

(C) the Project Sponsor demonstrates to the Planning Department staff that a governmental agency will be enforcing the term of affordability and reviewing performance and service plans as necessary, and

(D) all construction workers employed in the construction of the development that includes the affordable housing unit are paid at least the general prevailing rate of per diem wages for the type of work and geographic location of the development, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate under the terms and conditions of Labor Code Section 1777.5.

(2) Projects that meet the requirements of this subsection are eligible for a 100 percent fee reduction until an alternative fee schedule is published by the Department.

(3) Projects that are located within a HOPE SF Project Area are eligible for a 100 percent fee reduction from the TSF, applicable both to the affordable housing units and the market-rate units within such projects, and to any Non-Residential or PDR uses. Projects within a HOPE SF Project Area are otherwise subject to all other applicable fees per Article 4 of the Planning Code.

(4) Residential uses within projects where all residential units are affordable to households at or below 150% of the Area Median Income (as published by HUD) shall not be subject to the TSF. Non-residential and PDR uses within those projects shall be subject to the TSF. All uses shall be subject to all other applicable fees per Article 4 of the Planning Code. (5) This waiver clause shall not be applied to units built as part of a developer’s efforts to meet the requirements of the Inclusionary Affordable Housing Program, Sections 415 or 419 of this Code.

not be subject to the TSF. Non-residential and PDR uses within those projects shall be subject to the TSF. All uses shall be subject to all other applicable fees per Article 4 of the Planning Code. (5) This waiver clause shall not be applied to units built as part of a developer’s efforts to meet the requirements of the Inclusionary Affordable Housing Program, Sections 415 or 419 of this Code.

(c) Waiver for Homeless Shelters. A Homeless Shelter, as defined in Section 102 of this Code, is not required to pay the Rincon Hill Community Infrastructure Impact Fee, the Transit Center District Impact Fees, the Market and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee and the Transportation Sustainability Fee. (d) Waiver Based on Duplication of Fees. The City shall make every effort not to assess duplicative fees on new development. In general, project sponsors are only eligible for fee waivers under this Subsection if a contribution to another fee program would result in a duplication of charges for a particular type of community infrastructure. The Department shall publish a schedule annually of all known opportunities for waivers and reductions under this clause, including the specific rate. Requirements under Section 135 and 138 of this Code do not qualify for a waiver or reduction. Should future fees pose a duplicative charge, such as a Citywide open space or childcare fee, the same methodology shall apply and the Department shall update the schedule of waivers or reductions accordingly.

(e) Waiver or Reduction of Fees for a Public Park in the Central SoMa Plan Area. A development project may elect to provide land and other resources in order to construct a public park on an approximately 40,000 square-foot portion of Block 3777 as called for in the Central SoMa Plan, and in doing so may be eligible for a waiver against all or a portion of fees otherwise applicable to such development as set forth in this subsection 406(e). As part of the approval process for such a project, the Planning Commission may waive all or a portion of the Eastern Neighborhoods Infrastructure Impact Fee, the Central SoMa Infrastructure Impact Fee, the Transit Impact Development Fee, and the Transit Sustainability Fee, and may specify how such waiver would be distributed among the aforementioned fees, provided such total amount does not exceed the value of the park, which shall be calculated based on actual costs to acquire the land.

portion of the Eastern Neighborhoods Infrastructure Impact Fee, the Central SoMa Infrastructure Impact Fee, the Transit Impact Development Fee, and the Transit Sustainability Fee, and may specify how such waiver would be distributed among the aforementioned fees, provided such total amount does not exceed the value of the park, which shall be calculated based on actual costs to acquire the land.

(f) Waiver Based on Calamity. The replacement of existing Residential, Non-Residential, or PDR uses on a lot subject to, and meeting all the provisions of, Planning Code Section 188(b) for the replacement of buildings damaged or destroyed by fire or other calamity, or by Act of God or the public enemy, shall not be considered in the determination of applicability of any impact fee in Article 4 of this Code and new Gross Floor Area within a building subject to and meeting all the provisions of Section 188(b) shall not be subject to any impact fee in Article 4. However, any additional land uses or addition of Gross Floor Area beyond what is needed to replace the damaged or destroyed building(s) shall be subject to any applicable Article 4 impact fees.

(g) Waiver for Projects in PDR Districts. In a PDR District, a development project that meets the eligibility criteria in subsection (g)(1) of this Section 406 shall receive a waiver from any development impact fee or development impact requirement imposed by this Article.

(1) Eligibility. To be eligible for the waiver in this subsection (g), the project shall:

• (A) be located in a PDR District;

• (B) contain a Retail Use or PDR Use and no residential uses;

(C) propose the new construction of at least 20,000 square feet of Gross Floor Area and no more than 200,000 square feet of Gross Floor Area;

(D) be located on a vacant site or site improved with buildings with less than a 0.25 to 1 Floor Area Ratio as of the date a complete Development Application is submitted;

(E) submit a complete Development Application on or before December 31, 2026, including any projects that have obtained Final Approval prior to the effective date of the ordinance in Board File No. 230764 that have not already paid development impact fees.

(2) Extent of Waiver. The waiver in this subsection (g) shall be limited to development impact fees or development impact requirements for the establishment of any new Gross Floor Area of PDR or Retail Use.

(3) Sunset. This subsection (g) shall expire by operation of law on December 31, 2026, unless the duration of the

subsection has been extended by ordinance effective on or before that date. Upon expiration, the City Attorney shall cause subsection (g) to be removed from the Planning Code.

(h) Waiver for Projects in the C-2 and C-3 Districts. In the C-2 and C-3 Districts, a development project that meets the eligibility criteria in subsection (h)(1) of this Section 406 shall receive a waiver from any development impact fee or development impact requirement imposed by this Article.

• (1) Eligibility. To be eligible for the waiver in this subsection (h), the project shall:

• (A) be located in a C-2 or C-3 District;

• (B) contain any of the following uses: Hotel, Restaurant, Bar, Outdoor Activity, or Entertainment;

(C) submit a complete Development Application on or before December 31, 2026, including any projects that have obtained Final Approval prior to the effective date of the ordinance in Board File No. 230764 that have not already paid development impact fees.

(2) Extent of Waiver. The waiver in this subsection (h) shall be limited to development impact fees or development impact requirements for the establishment of any new Gross Floor Area of the Hotel, Restaurant, Bar, Outdoor Activity, or Entertainment Use.

(3) Sunset. This subsection (h) shall expire by operation of law on December 31, 2026, unless the duration of the subsection has been extended by ordinance effective on or before that date. Upon expiration, the City Attorney shall cause subsection (h) to be removed from the Planning Code.

(i) Conditional Waiver or Reduction of Fees for Central SoMa Plan Area Projects Impacted by the Downtown Rail Extension. A development project that enters into an agreement with the Transbay Joint Powers Authority to construct foundation and shoring systems that will reduce the lateral force from the project onto the tunnel and not encroach on the tunnel alignment required for the Downtown Rail Extension, which agreement is to the satisfaction of the Department of Building Inspection, and submits a building or site permit application that includes the agreed-upon foundation and shoring systems, may be eligible for a conditional waiver of the Transportation Sustainability Fee (Sections 411A et seq. ) and the Eastern Neighborhoods Infrastructure Impact Fee (Sections 423 et seq. ), as set forth in this subsection (i). As part of the approval process for such a project, the Planning Commission may conditionally approve waiver of all or a portion of the Transportation Sustainability Fee and of the Eastern Neighborhoods Infrastructure Impact Fee, provided that such waiver is conditioned on the satisfaction of the actions in the preceding sentence. If the final approved building permit or site permit foundation addendum includes the agreed-upon foundation and shoring systems, the project shall receive a waiver of those fees in an amount commensurate with the net increase in cost of the agreedupon foundation and shoring system as compared to a baseline foundation system, as calculated by the Planning Department. If the final approved building permit or site permit foundation addendum does not include the agreed upon foundation and shoring systems, the City shall withhold issuance of the first certificate of occupancy until the conditionally waived fees are paid.

(j) Waiver for Certain Non-Residential to Residential Conversion and Replacement Projects. This subsection 406(j) provides eligible Non-Residential or Production, Distribution, and Repair (PDR) to Residential conversion and replacement projects with a waiver of any Development fee or Development impact requirement imposed by this Article 4, as specified in this subsection.

(1) Eligible Projects. To be eligible for the waiver, a project must replace Gross Floor Area of existing PDR uses or Non-Residential uses, other than a Hotel use, with Gross Floor Area established as Residential use, whether as part of a change of use of existing Gross Floor Area, or through the demolition of Non-Residential Gross Floor Area and construction of new Gross Floor Area for Residential use. For purposes of this subsection 406(j), any Gross Floor Area established as Live/Work use shall be considered as Residential use. Projects must be located in a C-3 district, or a C-2 district east of or fronting Franklin Street/13th Street and north of Townsend Street.

(2) Waiver Amount. Eligible projects shall be entitled to a waiver from any applicable Development fee or Development impact requirement imposed by this Article 4 on any net new Gross Floor Area of Residential use in an amount up to 110% of the Gross Floor Area of Non-Residential use or PDR use converted to Residential use. Converted Non-Residential or PDR Gross Floor Area shall be calculated as the net reduction of Non-Residential Gross Floor Area resulting from the project.

(3) Calculation of Space. In a mixed-use project with Residential and Non-Residential or PDR uses, the Gross Floor Area of Residential use shall be calculated based on the definition of Gross Floor Area in Planning Code Section 102, in the proportion that such areas serve the Residential use to the total square feet of Gross Floor Area served by such areas. (4) Limitation of Waiver. Any portion of a project’s Gross Floor Area that is not entitled to this waiver shall be subject to the otherwise applicable Development fees and Development impact requirements of this Article 4, including the Inclusionary Housing Program. Applicable Development fees and Development impact requirements shall be calculated based solely on the proportion of the project that is not entitled to this waiver, and not on the project as a whole. In the event the project provides On-site or Off-site Affordable Units to satisfy the requirements of Section 415.1 et seq. , the equivalency, minimum size, and distribution of any such Affordable Units shall be based on consideration of the project as a whole, and the requirements of the Inclusionary Housing Program shall apply.

(5) Modification of Previously Approved Projects. Projects that received a Final Approval prior to January 1, 2025, and have not been issued a First Construction Document shall be entitled to request a modification to the project’s Development fees and Development impact requirements under this subsection 406(j).

(6) Relationship to Other Planning Code Sections. The waiver in this subsection 406(j) may be combined with any other reduction or waiver of fees or development impact requirements applicable to the project, as provided in this Article 4.

(7) Reporting. The Department shall provide a written report of projects that receive a waiver of Development fees and Development impact requirements under this subsection 406(j) to the Inclusionary Housing Technical Advisory Committee established by Administrative Code Chapter 5 Article XXIX in conjunction with the triennial economic feasibility analysis of the City’s inclusionary affordable housing obligations pursuant to Planning Code Section 415.10.

(8) Cap on the Total Square Footage Subject to a Development Fee Waiver. The waiver in this subsection 406(j) shall apply only to the first 7,000,000 square feet of Gross Floor Area that replaces Gross Floor Area of existing PDR uses or Non-Residential uses, other than a Hotel use, with Gross Floor Area established as Residential use associated with Eligible Projects in the order that the projects receive a Final Approval. If an Eligible Project does not receive a building or site permit within five years of the Final Approval, the project shall forfeit any rights to the approved waiver, and any Gross Floor Area associated with such project shall no longer be counted against the 7,000,000 square foot limit set forth in this subsection 406(j)(8).

(k) Waiver of Fees for Projects in the Market and Octavia Area Plan.

(1) Development projects located within the Market and Octavia Area Plan that have received Final Approval prior to January 1, 2026, and have not been issued a First Construction Document as of that date shall be entitled to a waiver of all development impact fee requirements under Sections 416, 421, 424, and 425 of this Code.

(2) Development projects located within the Market and Octavia Area Plan that have received Final Approval prior to January 1, 2026, and that have been issued a First Construction Document as of that date shall be entitled to a waiver of any portion of the development impact fee requirements under Sections 416, 421, 424, and 425 of this Code that has been deferred and not yet paid pursuant to Building Code Section 107A.13.3.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 47-11, File No. 110009, App. 3/16/2011; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 2- 16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 296-18, File No. 180184, App. 12/12/2019, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 39-24, File No. 231164, App. 3/7/2024, Eff. 4/7/2024; Ord. 20-25, File No. 240927, App. 3/7/2025, Eff. 4/7/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025) AMENDMENT HISTORY

Eff. 5/17/2021; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 39-24, File No. 231164, App. 3/7/2024, Eff. 4/7/2024; Ord. 20-25, File No. 240927, App. 3/7/2025, Eff. 4/7/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025) AMENDMENT HISTORY

New division (c) added and former division (c) redesignated as (d); Ord. 14-15 , Eff. 3/15/2015. Division (b)(1) amended; new divisions (b)(3) and (4) added and former division (b)(3) redesignated as (b)(5); division (c) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Divisions (b)(1) and (b)(1)(B) amended; Ord. 2-16 , Eff. 2/18/2016. Division (b)(1)(B) amended; Ord. 26-18, Eff. 3/26/2018. Division (e) added; Ord. 296-18, Eff. 1/12/2019. Division (b)(1) (B) amended; division (f) added; Ord. 63-20, Eff. 5/25/2020. Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021. Divisions (g)-(h)(3) added; Ord. 193-23, Eff. 10/15/2023. Divisions (b)(1), (b)(1)(A), and (b)(5) amended; divisions (b)(1) (B)-(C) deleted; new divisions (b)(1)(B)-(D) added; Ord. 248-23, Eff. 1/14/2024. New division (i) added; Ord. 39-24, Eff. 4/7/2024. Divisions (j)-(j)(8) added; Ord. 20-25, Eff. 4/7/2025. Divisions (j)-(j)(3) and (j)(8) amended; Ord. 124-25, Eff. 9/1/2025. Divisions (k)- (k)(2) added; Ord. 188-25, Eff. 11/6/2025.

SEC. 407. NOTICE; FAILURE TO GIVE NOTICE.

Any notice required by this Article to be given to a project sponsor or owner shall be sufficiently given or served upon the sponsor or owner for all purposes hereunder if: (a) personally served upon the sponsor or owner, or (b) deposited, postage prepaid, in a post office letterbox addressed in the name of the sponsor or owner at the official address of the sponsor or owner maintained by the Tax Collector for the mailing of tax bills, or if no such address is available, to the sponsor at the address of the development project, and (c) to the applicant for the site or building permit at the address on the permit application. Any failure of the Department or the City to give any notice required under this Article shall not relieve the project sponsor of its obligations under this Article. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 408. LIEN PROCEEDINGS.

(a) Except in the case of a project for which MTA is responsible for the determination and collection of the TIDF under Section 411.9(d) of this Article, if a first construction document or first certificate of occupancy, whichever applies, is inadvertently or mistakenly issued prior to the project sponsor paying all development fees due and owing, or prior to the sponsor satisfying any development impact requirement, DBI shall institute lien proceedings to recover the development fee or fees, plus interest and any Development Fee Deferral Surcharge, under Section 107A.13.15 of the San Francisco Building Code.

cy, whichever applies, is inadvertently or mistakenly issued prior to the project sponsor paying all development fees due and owing, or prior to the sponsor satisfying any development impact requirement, DBI shall institute lien proceedings to recover the development fee or fees, plus interest and any Development Fee Deferral Surcharge, under Section 107A.13.15 of the San Francisco Building Code.

(b) (1) Where MTA is responsible for determination and collection of the TIDF under Section 411.9(d) of this Article, MTA has made a final determination of TIDF due under that Section, and the amount due from the project sponsor remains unpaid following 30 days from the date of mailing of the additional notice of payment due under that Section, MTA may initiate lien proceedings in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code to make the entire unpaid balance of the fee that is due, including interest at the rate of one and one-half percent per month or fraction thereof on the amount of unpaid fee, a lien against all parcels used for the development project.

(2) MTA shall send all notices required by Article XX to the owner or owners of the property and to the project sponsor if different from the owner. MTA shall also prepare a preliminary report, and notify the owner and sponsor of a hearing by the Board of Supervisors to confirm such report at least ten days before the date of the hearing. The report shall contain the owner and project sponsor's names, a description of the development project, a description of the parcels of real property to be encumbered as set forth in the Assessor's Map Books for the current year, a description of the alleged violation of Sections 411.1 et seq. , and shall fix a time, date, and place for hearing. MTA shall transmit this report to the sponsor and each owner of record of the parcels of real property subject to the lien.

(3) Any notice required to be given to an owner or project sponsor shall be deemed sufficiently served for all purposes in this Section if

(A) personally served upon the owner or project sponsor, or

(B) if deposited, postage prepaid, in the U.S. Mail addressed to the owner or project sponsor at the official address of the owner or project sponsor maintained by the Tax Collector for the mailing of tax bills or, if no such address is

available, to the sponsor at the address of the development project and to the applicant for the site or building permit at the address on the permit application.

(4) Except for the release of the lien recording fee authorized by Administrative Code Section 10.237, all sums collected by the Tax Collector under this Section shall be held in trust by the Treasurer and distributed as provided in Section 411.6 of this Code.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY

Formerly undesignated material amended and designated as division (a); division (b) added; Ord. 247-12 , Eff. 1/17/2013.

SEC. 409. CITYWIDE DEVELOPMENT FEE REPORTING REQUIREMENTS AND COST INFLATION FEE ADJUSTMENTS.

(a) Citywide Development Fee and Development Impact Requirements Report. In coordination with the Development Fee Collection Unit at DBI and the Director of Planning, the Controller shall issue a report within 180 days after the end of each even-numbered fiscal year that provides information on all development fees established in the Planning Code collected during the prior two fiscal years organized by development fee account and all cumulative monies collected over the life of each development fee account, as well as all monies expended. The report shall include: (1) a description of the type of fee in each account or fund; (2) the beginning and ending balance of the accounts or funds including any bond funds held by an outside trustee; (3) the amount of fees collected and interest earned; (4) an identification of each public improvement on which fees or bond funds were expended and amount of each expenditure; (5) an identification of the approximate date by which the construction of public improvements will commence; (6) a description of any inter-fund transfer or loan and the public improvement on which the transferred funds will be expended; and (7) the amount of refunds made and any allocations of unexpended fees that are not refunded. The report shall also provide information on the number of projects that elected to satisfy development impact requirements through the provision of "in-kind" physical improvements, including on-site and off-site BMR units, instead of paying development fees. The report shall also include any annual reporting information otherwise required pursuant to the California Mitigation Fee Act, Government Code 66001 et seq. The report shall be presented by the Director of Planning to the Planning Commission and to the Land Use & Transportation Committee of the Board of Supervisors. The report shall also contain information on the Controller’s annual construction cost inflation adjustments to development fees described in subsection (b) below, as well as information on MOHCD’s separate adjustment of the Inclusionary Affordable Housing Fee described in Section 415.5(b)(3).

g to the Planning Commission and to the Land Use & Transportation Committee of the Board of Supervisors. The report shall also contain information on the Controller’s annual construction cost inflation adjustments to development fees described in subsection (b) below, as well as information on MOHCD’s separate adjustment of the Inclusionary Affordable Housing Fee described in Section 415.5(b)(3).

(b) Annual Development Fee Inflation Adjustments. Prior to issuance of the Citywide Development Fee and Development Impact Requirements Report referenced in subsection (a) above, the Controller shall review the amount of each development fee established in the Planning Code and, with the exception of the Inclusionary Affordable Housing Fee in Section 415 et seq. , shall adjust the dollar amount of any development fee by two percent on an annual basis every January 1 in order to maintain a reasonably conservative connection between construction costs and development fees for the next calendar year for a mix of public infrastructure and facilities in San Francisco. The Planning Department and the Development Fee Collection Unit at DBI shall provide notice of the Controller’s development fee adjustments, and MOHCD’s separate adjustment of the Inclusionary Affordable Housing Fee on the Planning Department and DBI websites and to any interested party who has requested such notice at least 30 days prior to the adjustment taking effect each January 1. The Inclusionary Affordable Housing Fee shall be adjusted under the procedures established in Section 415.5(b)(3).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff.

5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Section header and divisions (a) and (b) amended; Ord. 263-13, Eff. 12/27/2013. Division (a) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (a) and (b) amended; Ord. 251-19, Eff. 12/16/2019. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 410. COMPREHENSIVE FIVE-YEAR EVALUATION OF ALL DEVELOPMENT FEES AND DEVELOPMENT IMPACT REQUIREMENTS.

Commencing on July 1, 2011, and every five fiscal years thereafter in conjunction with the Annual Citywide Development Fee and Development Impact Requirements Report described in Section 409, above, the Director and the Controller shall jointly prepare and publish a comprehensive report on the status of compliance with this Article, compliance of any development fees in this Article with the California Mitigation Fee Act, Government Code section 66001 et seq. , including making specific findings regarding any unexpended funds, the efficacy of existing development fees and development impact requirements in mitigating the impacts of development projects, and the economic impacts of existing development fees and development impact requirements on the financial feasibility of projects and housing affordability in particular, taking into account, to the extent possible, the feasibility of the fees in different areas of the City. In such report, the Director and Controller may recommend any changes in the formulae or requirements or enforcement of any area-specific or Citywide development fee or development impact requirement in this Code, prepare additional economic impact studies on such changes or recommend that additional nexus studies or financial feasibility analyses be done, to improve the efficacy of such fees or requirements in mitigating development impacts or to reduce any unintended deleterious economic or social effects associated with such fees or requirements. In making their joint report and recommendations, the Director and the Controller shall consult with the Directors of OEWD, MOH, the MTA, or other agency whose fees are affected and shall coordinate the report required by this Section with any other development fee evaluations and reports that this Article requires to be performed. The Director and the Controller shall present the Report to the Commission at a public hearing and to the Land Use & Economic Development Committee of the Board of Supervisors at a separate public hearing.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

AMENDMENT HISTORY

Section amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. [TRANSIT IMPACT DEVELOPMENT FEE]

SEC. 411. TRANSIT IMPACT DEVELOPMENT FEE.

(a) Sections 411.1 through 411.9, hereafter referred to as Section 411.1 et seq. , set forth the requirements and procedures for the TIDF. The effective date of these requirements shall be the date the requirements were originally effective or were subsequently modified, whichever applies.

(b) Partial Suspension of Section 411 et seq . In accordance with Planning Code Section 411A.3(e), the provisions of Section 411A are intended, with certain exceptions, to supersede the provisions of Section 411 et seq. , as to new development in the City as of the effective date of Section 411A. Accordingly, Section 411A.3(e) suspends, with certain exceptions, the operation of Section 411 et seq. , and states the circumstances under which such suspension shall be lifted. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

AMENDMENT HISTORY

Section reference amended; Ord. 247-12 , Eff. 1/17/2013. Former section designated as division (a); division (b) added; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016.

Editor's Note:

Former Administrative Code Ch. 38 ("Transit Impact Development Fee") was substantially amended and redesignated as this Sec. 411 through Sec. 411.8 by Ord. 108-10, App. 5/25/2010. See Administrative Code Ch. 38, Secs. 38.1 through 38.45, for the legislative history of Code provisions pertaining to the TIDF prior to Ord. 108-10.

SEC. 411.1. FINDINGS.

(a) In 1981, the City enacted an ordinance imposing a Transit Impact Development Fee on new office development in the Downtown area of San Francisco. The TIDF was based on studies showing that the development of new office uses places a burden on the Municipal Railway, especially in the downtown area of San Francisco during commute hours, known as "peak periods." The TIDF was based on two cost analyses: one by the Finance Bureau of the City's former Public Utilities Commission, performed in 1981, and one by the accounting firm of Touche-Ross, performed in March 1983 to defend a legal challenge to the TIDF.

(b) In 2000, the Planning Department, with assistance from the Municipal Transportation Agency, commissioned a study of the TIDF. In 2001, the Department selected Nelson/Nygaard Associates, a nationally recognized transportation consulting firm, to perform the study. Later in 2001, Nelson/Nygaard issued its final report ("TIDF Study"). Before issuing the TIDF Study, Nelson/Nygaard prepared several Technical Memoranda, which provided detailed analyses of the methodology and assumptions used in the TIDF Study.

(c) The TIDF Study concluded that new non-residential uses in San Francisco will generate demand for a substantial number of auto and transit trips by the year 2020. The TIDF Study confirmed that while new office construction will have a substantial impact on MUNI services, new development in a number of other land uses will also require MUNI to increase the number of revenue service hours. The TIDF Study recommended that the TIDF be extended to apply to most non-residential land uses. The TIDF Study found that certain types of new development generate very few daily trips and therefore may not appropriately be charged a new TIDF.

ubstantial impact on MUNI services, new development in a number of other land uses will also require MUNI to increase the number of revenue service hours. The TIDF Study recommended that the TIDF be extended to apply to most non-residential land uses. The TIDF Study found that certain types of new development generate very few daily trips and therefore may not appropriately be charged a new TIDF.

(d) The TIDF Study further recommended that the City enact an ordinance to impose transit impact fees that would allow MUNI to maintain its base service standard as new development occurs throughout the City. The proposed ordinance would require sponsors of new development in the City to pay a fee that is reasonably related to the financial burden imposed on MUNI by the new development. This financial burden is measured by the cost that will be incurred by MUNI to provide increased service to maintain the applicable base service standard over the life of such new development.

(e) Subsequently, the City selected Cambridge Systematics, Inc. to prepare a TIDF Update Report, including an updated nexus study for the TIDF. This Report was completed in 2011, and in accordance with the applicable provisions of this Code, used updated data to calculate base service standard fee rates for the Economic Activity Categories subject to the TIDF. The Report also analyzed trip generation rates for these Economic Activity Categories using updated data, and divided the Retail/Entertainment and Cultural/Institution/Education categories into subcategories in order to reflect the comparative diversity of trip generation rates among these land uses.

(f) Based on projected new development over the next 20 years, the TIDF will provide revenue to MUNI that is significantly below the costs that MUNI will incur to mitigate the transit impacts resulting from the new development. (g) The TIDF is the most practical and equitable method of meeting a portion of the demand for additional Municipal Railway service and capital improvements for the City caused by new non-residential development.

(h) Based on the above findings and the nexus studies performed, the City determines that the TIDF satisfies the requirements of the Mitigation Fee Act, California Government Code Section 66001, as follows:

(1) The purpose of the fee is to meet a portion of the demand for additional Municipal Railway service and capital improvements for the City caused by new nonresidential development.

(2) Funds from collection of the TIDF will be used to increase revenue service hours reasonably necessary to mitigate the impacts of new non-residential development on public transit and maintain the applicable base service standard.

(3) There is a reasonable relationship between the proposed uses of the TIDF and the impact on transit of the new developments on which the TIDF will be imposed.

(4) There is a reasonable relationship between the types of new development on which the TIDF will be imposed and the need to fund public transit for the uses specified in Section 411.6 of this Code.

(5) There is a reasonable relationship between the amount of the TIDF to be imposed on new developments and the impact on public transit from the new developments.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY

New division (e) added and former divisions (e) through (g) redesignated as current divisions (f) through (h) accordingly; division (h)(4) amended; Ord. 247-12 , Eff. 1/17/2013.

SEC. 411.2. DEFINITIONS.

(a) "Final TIDF Determination." The written notice sent by the MTA to a project sponsor in cases where the MTA is responsible for calculation of the TIDF under Section 411.9 of this Article informing the project sponsor of MTA's final calculation of the TIDF.

(b) "New development." Any new construction, or addition to or conversion of an existing structure under one or more building or site permits (1) issued on or after September 4, 2004 but on or before January 31, 2013 that cumulatively results in 3,000 gross square feet or more of a use covered by the TIDF or (2) issued on or after February 1, 2013 that cumulatively result in 800 gross square feet or more of a use covered by the TIDF. In the case of mixed use development that includes residential development, the term "new development" shall refer to only the non-residential portion of such development. For purposes of this definition. "existing structure" shall include a structure for which a sponsor already paid a fee under the prior TIDF ordinance, as well as a structure for which no TIDF was paid.

(c) "Preliminary TIDF Notice." The written notice sent by the MTA to a project sponsor in cases where the MTA is responsible for imposition and collection of the TIDF under Section 411.9 of this Article informing the project sponsor of MTA's initial calculation of the TIDF due and requesting that the project sponsor provide MTA with information about the new development, including but not limited to, the gross square feet of use of the new development.

(d) For additional definitions, see Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY

Section amended in its entirety; Ord. 247-12 , Eff. 1/17/2013.

SEC. 411.3. APPLICATION OF TIDF.

(a) Application. Except as provided in Subsections (1) and (2) below, the TIDF shall be payable with respect to any new development in the City for which a building or site permit is issued on or after September 4, 2004. In reviewing whether a development project is subject to the TIDF, the project shall be considered in its entirety. A sponsor shall not seek multiple applications for building permits to evade paying the TIDF for a single development project.

(1) The TIDF shall not be payable on new development, or any portion thereof, for which a TIDF has been paid, in full or in part, under the prior TIDF Ordinance (former Chapter 38 of the Administrative Code as amended through June

30, 2010), except where

• (A) Gross Square Feet of use is being added to the building; or

(B) the TIDF rate for the new development is in an economic activity category with a higher fee rate than the current rate for the economic activity category under which the TIDF was originally paid, as set forth in Section 411.3(e). (2) No TIDF shall be payable on the following types of new development.

(A) New development on property owned (including beneficially owned) by the City, except for that portion of the new development that may be developed by a private sponsor and not intended to be occupied by the City or other agency or entity exempted under Section 411.1 et seq. , in which case the TIDF shall apply only to such non-exempted portion. New development on property owned by a private person or entity and leased to the City shall be subject to the fee, unless the City is the beneficial owner of such new development or unless such new development is otherwise exempted under this Section. Nothing in this Section shall interfere with the exclusive jurisdiction of the City's charitable trust departments under Article V of the Charter or impose the TIDF on new development by private nonprofit supporting organizations, beneficiaries, tenants, or licensees of said departments, on property under the exclusive jurisdiction of said departments. The exception established under Subsection 411.3(a)(2)(A) for new development on property beneficially owned by the City shall only be applicable where a project sponsor for a new development has filed an application for environmental evaluation, a categorical exemption or a preliminary project assessment on or before the effective date of Ordinance No. 18-14 or, for new development subject to a redevelopment plan, development agreement, interagency cooperation agreement, or other agreement entered into by the City, the project sponsor submits proof that the sponsor has submitted to the Successor Agency to the Redevelopment Agency of the City and County of San Francisco documentation comparable to that required for an application for environmental evaluation, a categorical exemption or a preliminary project assessment for the project on or before the effective date of Ordinance No. 18-14.

(B) Any new development to the extent application of this Section 411.3 to that development would violate the terms of a redevelopment plan, development agreement, interagency cooperation agreement, or other agreement entered into by the City that is valid and effective on the date that TIDF payments are due under Section 411.3(b). If any such redevelopment plan, development agreement, interagency cooperation agreement or other agreement permits some, but not all, of the TIDF to apply to a development, then the TIDF shall apply to the extent permitted.

(C) New development located on property owned by the United States or any of its agencies to be used exclusively for governmental purposes.

(D) New development located on property owned by the State of California or any of its agencies to be used exclusively for governmental purposes.

(E) New development for which a project sponsor filed an application for environmental evaluation or a categorical exemption prior to April 1, 2004, and for which the City issued a building permit or site permit on or before September 4, 2008; provided however, that such new development may be subject to the TIDF imposed by Ordinance No. 224-81, as amended through June 30, 2004, except that the administration, imposition, review and collection of any such fee shall be conducted in accordance with the administrative procedures set forth in Section 411.9. DBI and MTA shall make the text of Ordinance No. 224-81, as amended through June 30, 2004, available on their websites and shall provide copies of that ordinance upon request.

(F) The following types of new developments, except to the extent that any such new development is also captured under a more specific use under this Code that is not otherwise exempt:

(i) Public Facility, Internet Service Exchange and Utility Installation uses, as defined in Section 102 of this Code, except that this exclusion shall not apply to new development on property owned by a private person or entity and leased to the City;

(ii) Agricultural and Non-Commercial Entertainment and Recreation uses, as defined in Section 102 of this Code;

(iii) Private and Public Auto Parking Garages and Lots, as defined in Section 102 of this Code;

(iv) Automotive services, which includes Public and Private Parking Lots, Public and Private Parking Garages, Parcel Delivery Services, Ambulance Services, Vehicle Storage Lots and Garages, and Truck Terminals as defined in

Section 102 of this Code, that are in a new development, where the project sponsor has met the deadline established in Section 411.3(a)(3);

(v) Wholesale Storage, as defined in Section 102 of this Code, where the project sponsor has met the deadline established in Section 411.3(a)(3);

(vi) Mortuary, Public Facility, Utility Installation, Public Transport Facility, Wireless Telecommunications Services Facility, Temporary Uses, Waterborne Commerce, and Internet Service Exchange Uses as defined in Section 102 of this Code, as well as Any use that is permitted as a principal use in any other C, M, or PDR District without limitation as to enclosure within a building, wall or fence.

) Mortuary, Public Facility, Utility Installation, Public Transport Facility, Wireless Telecommunications Services Facility, Temporary Uses, Waterborne Commerce, and Internet Service Exchange Uses as defined in Section 102 of this Code, as well as Any use that is permitted as a principal use in any other C, M, or PDR District without limitation as to enclosure within a building, wall or fence.

(3) The exclusions from TIDF set forth in Section 411.3(a)(2)(F)(iv) and (v) (Automotive Services and Wholesale Storage) shall only apply where a project sponsor for a new development has filed an application for environmental evaluation, a categorical exemption or a preliminary project assessment for the project on or before the effective date of Ordinance No. 18-14, or, for new development subject to a redevelopment plan, development agreement, interagency cooperation agreement, or other agreement entered into by the City, the project sponsor submits proof that the sponsor has submitted to the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco documentation comparable to that required for an application for environmental evaluation, a categorical exemption or a preliminary project assessment for the project, on or before the effective date of Ordinance No. 18-14.

(b) Timing of Payment. The TIDF shall be paid at the time of and in no event later than issuance of the first construction document, with an option for the project sponsor to defer payment until prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge in accordance with Section 107A.13 of the San Francisco Building Code. Under no circumstances may any City official or agency, including the Port of San Francisco, issue a certificate of final completion and occupancy for any new development subject to the TIDF until the TIDF has been paid.

(c) Calculation of TIDF.

(1) The TIDF shall be calculated on the basis of the number of gross square feet of new development, multiplied by the square foot rate in effect at the time of issuance of the first construction document for each of the applicable economic activity categories within the new development, as provided in Subsection 411.3(e) below. An accessory use shall be charged at the same rate as the underlying use to which it is accessory, except that where any underlying use other than Residential is exempt from the TIDF under this Section, the fee shall nonetheless be charged for the accessory use unless such accessory use is otherwise exempt. Whenever any new development or series of new developments cumulatively creates more than 3,000 gross square feet of covered use within a structure, in the case of a building or site permit issued on or before January 31, 2013, or more than 800 gross square feet of covered use within a structure, in the case of a building or site permit issued on or after February 1, 2013, the TIDF shall be imposed on every square foot of such covered use (including any portion that was part of prior new development below the applicable square foot threshold). (2) When calculating the TIDF for a development project in which there is a change of use such that the rate charged for the new economic activity category is higher than the rate charged for the existing economic activity category, the TIDF per square foot rate for the change of use shall be the difference between the rate charged for the new use and the existing use.

(3) Where a new development is subject to a redevelopment plan, development agreement, interagency cooperation agreement, or other agreement entered into by the City, and under the terms of that plan or agreement, calculation of the TIDF for the development would be different from the calculation under subparagraph (2) above, the TIDF shall be calculated in accordance with the requirements of the applicable plan or agreement.

(d) Credits. When determining the number of gross square feet of use to which the TIDF applies, the Department shall provide the following credits:

(1) Prior Use Credits. There shall be a credit for prior uses eliminated on the site. The credit shall be calculated according to the following formula:

(A) There shall be a credit for the number of gross square feet of use being eliminated by the new development, multiplied by an adjustment factor to reflect the difference in the fee rate of the use being added and the use being eliminated. The adjustment factor shall be determined by the Department as follows:

(i) The adjustment factor shall be a fraction, the numerator of which shall be the fee rate which the Department shall determine, in consultation with the MTA, if necessary, applies to the economic activity category in the most recent calculation of the TIDF Schedule approved by the Board or Supervisors for the prior use being eliminated by the project.

(ii) The denominator of the fraction shall be the fee rate for the use being added, as set forth in the most recent calculation of the TIDF Schedule approved by the Board of Supervisors.

(B) A credit for a prior use may be given only if the prior use was active on the site within five years before the date of the application for a building or site permit for the proposed use.

(C) As of September 4, 2004, no sponsor shall be entitled to a refund of the TIDF on a building for which the fee was paid under the former Chapter 38 of the San Francisco Administrative Code.

(D) Notwithstanding the foregoing, the adjustment factor shall not exceed one.

(2) Policy Credits. Development projects that meet the criteria outlined in Subsection 411.3(d)(2)(B) may receive Policy Credits, subject to the following limitations:

(A) Limit on Available Policy Credits. When making a determination under this Article for the amount of TIDF owed, the Department shall allocate available Policy Credits, described in Section 411.3(d)(2)(B), as follows:

(i) No development project shall receive a Policy Credit under Section 411.3(d)(2)(B) if the total amount of credits received by development projects under that section would exceed 3% of the total anticipated TIDF revenue for the current Fiscal Year. To the extent Policy Credits allowed in any Fiscal Year are not allocated, the unallocated amount shall be carried over to the next Fiscal Year. The amount to be carried over to the next Fiscal Year shall be calculated based upon 3% of the sum of the actual TIDF revenues collected during the current Fiscal Year and the total amount of policy credits granted during the current Fiscal Year.

(ii) In no event shall the Policy Credits for a single development exceed 100% of the total TIDF that would otherwise be due.

(B) The Planning Department shall maintain and shall make available on the Planning Department's website, a list showing:

(i) All development projects receiving Policy Credits under Section 411.3(d)(2)(C) of this Article, and, if applicable, the date(s) of approval and the issuance of any building or site permit;

(ii) The total amount of Policy Credits received with respect to each listed development project;

(iii) Any Policy Credits allocated to a development project the site permit for which is modified, cancelled, revoked, or has expired;

(iv) Such other information as the Department may determine is appropriate.

(C) Available Policy Credits. The following development projects may receive Policy Credits, subject to the limitations set forth in Section 411.3(d)(2)(A):

(i) Small Businesses. Businesses that either occupy or expand any preexisting non-residential space, provided

that: (a) the gross square footage of such non-residential space is not greater than 5,000 square feet, and (b) the business is not formula retail, as defined in this Code. Only the gross square footage dedicated to such business shall be eligible for the Policy Credit.

(ii) Reduced Parking Developments. In zoning districts that set a parking maximum, development projects that provide a lower number, or ratio, of off-street parking than permitted on an as-of-right basis without conditional use authorization in Table 151.1 of this Code. The credit shall be determined by the Department as follows:

Max. Allowed in 50% of Max. or less More than 50% but 60% or more but 75% or more but 90% of Max. or Planning Code less than 60% of less than 75% of less than 90% of more

(D) Process for Allocation of Policy Credits. The Policy Credits described in this Section shall be allocated to qualifying development projects by the Zoning Administrator at the moment their first entitlement is approved by the Planning Commission or the Planning Department. In addition, the following considerations shall apply:

(i) If a development project is modified for any reason after it is first approved, and such modification would result in a potential increase in the amount of Policy Credits allocated to it, the development project shall maintain the credits allocated on the list described in Section 411.3(d)(2)(B). Any additional credit may only be allocated at the time such modification is approved, subject to the limits of Section 411.3(d)(2)(A)(i).

(ii) If a development project is modified for any reason after it is first approved, and such modification would result in a potential decrease in the amount of Policy Credits allocated to it, the remainder Policy Credits shall become available for other qualifying development projects during the approval period on account of such a modification.

(iii) The maximum amount of Policy Credits available for the approval period shall be increased by the amount of Policy Credits allocated to a development project for which an issued site or building permit has been finally cancelled or revoked, or has expired, with the irrevocable effect of preventing construction of the development.

(3) Limitation. In no event shall the combined Policy Credits and Prior Use Credits for a single development exceed 100% of the total TIDF that would otherwise be due.

(e) TIDF Schedule. The TIDF Schedule shall be as follows:

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013; Ord. 18-14 , File No. 130938, App. 3/5/2014, Eff. 4/4/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016)

AMENDMENT HISTORY

Division (a)(2)(F)(vi) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a)(1), (a)(2)(A), (a)(2)(E), (a)(2)(F), (a)(2)(F)(i), and (a)(2)(F)(iv)-(vi) amended; division (a)(3) added; former division (c) redesignated as division (c)(1) and amended;

division (c)(2) added; division (d) amended; new division (d)(1) added; former division (d)(1) redesignated as division (d) (1)(A) and all subdivisions thereof redesignated accordingly; divisions (d)(1)(A)(i) and (ii) amended; divisions (d)(2) and (d)(3) added; division (e) amended; Ord. 247-12 , Eff. 1/17/2013. Divisions (a)(2)(A), (a)(2)(B), (a)(3), and (c)(1) amended; division (c)(3) added; Ord. 18-14 , Eff. 4/4/2014. Divisions (a)(2)(F)(i)-(vi), (a)(3), (b), and (d)(2)(D)(i) amended; Ord. 22-15, Eff. 3/22/2015. Division (b) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a)(2)(B) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Division (a)(2)(F)(vi) amended; Ord. 166-16 , Eff. 9/10/2016.

SEC. 411.4. IMPOSITION OF TIDF.

(a) Determination of Requirements.

(1) Except for projects where the building or site permit was issued prior to July 1, 2010, the Department shall determine the applicability of Section 411.1 et seq. to any development project requiring a first construction document and, if Section 411.1 is applicable, shall impose any TIDF owed as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination. The Zoning Administrator may seek the advice and consent of the MTA regarding any interpretations that may affect implementation of this section.

(2) For projects where the building or site permit was issued prior to July 1, 2010, the applicability of Section 411.1 et seq. shall be determined by MTA in accordance with Section 411.9.

(b) Department Notice to Development Fee Collection Unit at DBI of Requirements. After the Department has made its final determination regarding the application of the TIDF to a development project under Section 411.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of any TIDF owed in addition to the other information required by Section 402(b) of this Article.

(c) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 411.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY

Former division (a) redesignated as division (a)(1) and amended; division (a)(2) added; division (b) amended; Ord. 247-12 , Eff. 1/17/2013.

SEC. 411.5. PRINCIPLES IN CALCULATING FEE.

The following principles have been and shall in the future be observed in calculating the TIDF:

(a) Actual cost information provided to the National Transit Database shall be used in calculating the fee rates. Where estimates must be made, those estimates shall be based on such information as the Director of Transportation or his or her delegate considers reasonable for the purpose.

(b) The rates shall be set at an actuarially sound level to ensure that the proceeds, including such earnings as may be derived from investment of the proceeds and amortization thereof, do not exceed the capital and operating costs incurred to maintain the applicable base service standard in light of the demands created by new development subject to the fee over the estimated useful life of such new development. For purposes of Section 411.1 et seq. of this Code, and any Comprehensive Five Year Evaluation of the TIDF under Section 410, the estimated useful life of a new development is 45 years.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY

Section header amended; former division (a) deleted; designation of former division (b) deleted and division retained as undesignated introductory paragraph; former divisions (b)(1) and (b)(2) redesignated as divisions (a) and (b) and amended; Ord. 247-12 , Eff. 1/17/2013.

SEC. 411.6. TIDF FUND.

Money received from collection of the TIDF, including earnings from investments of the TIDF, shall be held in trust by the Treasurer of the City and County of San Francisco under Section 66006 of the Mitigation Fee Act (Cal. Gov. Code § 60000 et seq. ) and shall be distributed according to the fiscal and budgetary provisions of the San Francisco Charter and the Mitigation Fee Act, subject to the following conditions and limitations. TIDF funds may be used to increase revenue service hours reasonably necessary to mitigate the impacts of new non-residential development on public transit and maintain the applicable base service standard, including, but not limited to: capital costs associated with establishing new transit routes, expanding transit routes, and increasing service on existing transit routes, including, but not limited to, procurement of related items such as rolling stock, and design and construction of bus shelters, stations, tracks, and overhead wires; operation and maintenance of rolling stock associated with new or expanded transit routes or increases in service on existing routes; capital or operating costs required to add revenue service hours to existing routes; and related overhead costs. Proceeds from the TIDF may also be used for all costs required to administer, enforce, or defend Section 411.1 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 411.7. RULES AND REGULATIONS.

The MTA is empowered to adopt such rules, regulations, and administrative procedures as it deems necessary to implement Section 411.9. In the event of a conflict between any MTA rule, regulation or procedure and Sections 411.1 through 411.9 of this Code, the code section in conflict shall prevail.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

AMENDMENT HISTORY Section amended; Ord. 247-12 , Eff. 1/17/2013.

SEC. 411.8. CHARITABLE EXEMPTIONS.

(a) When the property or a portion thereof will be exempt from real property taxation or possessory interest taxation under California Constitution, Article XIII, Section 4, as implemented by California Revenue and Taxation Code Section 214, then the sponsor shall not be required to pay the TIDF attributed to the new development in the exempt property or portion thereof, so long as the property or portion thereof continues to enjoy the aforementioned exemption from real property taxation. This exemption from the TIDF shall not apply to the extent that the non-profit organization is engaging in activities falling under the Retail/Entertainment or Visitor Services economic activity categories in the new development that would otherwise be subject to the TIDF.

(b) The TIDF shall be calculated for exempt structures in the same manner and at the same time as for all other structures. Prior to issuance of the first construction document for the development project, the sponsor may apply to the Department for an exemption under the standards set forth in subsection (a) above. If the Department determines that the sponsor is entitled to an exemption under this Section, it shall cause to be recorded a notice advising that the TIDF has been calculated and imposed upon the structure and that the structure or a portion thereof has been exempted from payment of the fee but that if the property or portion thereof loses its exempt status during the 10-year period commencing with the date of the imposition of the TIDF, then the building owner shall be subject to the requirement to pay the fee.

(c) If within 10 years from the date of the issuance of the Certificate of Final Completion and Occupancy, the exempt property or portion thereof loses its exempt status, then the sponsor shall, within 90 days thereafter, be obligated to pay the TIDF, reduced by an amount reflecting the duration of the charitable exempt status in relation to the useful life estimate used in determining the TIDF for that structure. The amount remaining to be paid shall be determined by recalculating the fee using a useful life equal to the useful life used in the initial calculation minus the number of years during which the exempt status has been in effect. After the TIDF has been paid, the Department shall record a release of the notice recorded under subsection (b) above.

used in determining the TIDF for that structure. The amount remaining to be paid shall be determined by recalculating the fee using a useful life equal to the useful life used in the initial calculation minus the number of years during which the exempt status has been in effect. After the TIDF has been paid, the Department shall record a release of the notice recorded under subsection (b) above.

(d) If a property owner fails to pay a fee within the 90-day period, a notice for request of payment shall be served by the Development Fee Collection Unit at DBI under Section 107A.13 of the San Francisco Building Code. Thereafter, upon nonpayment, a lien proceeding shall be instituted under Section 408 of this Article and Section 107A.13.15 of the San Francisco Building Code.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013; Ord. 18-14 , File No. 130938, App. 3/5/2014, Eff. 4/4/2014) AMENDMENT HISTORY

Divisions (b) and (c) amended; Ord. 247-12 , Eff. 1/17/2013. Division (b) amended; Ord. 18-14 , Eff. 4/4/2014.

SEC. 411.9. IMPOSITION AND COLLECTION OF TIDF DUE UNDER FORMER LAW.

(a) Ordinance No. 224-81 originally enacted the TIDF in 1981, codified in Chapter 38 of the Administrative Code. Chapter 38 was amended several times between 1981 and 2004. In 2004, Ordinance No. 199-04 repealed and replaced the existing Chapter 38, which was subsequently amended, and then repealed in 2010 by Ordinance 108-10, which relocated the TIDF from the Administrative Code to this Code. In determining the applicable TIDF due for a project under this Section 411.9, MTA shall calculate the TIDF based upon the law in effect on the date of issuance of the first building or site permit for the project. Subsequent references to "former Administrative Code Chapter 38" in this section 411.9 shall be intended to refer to that Chapter as it read on the date of issuance of the first building or site permit for the project in question.

(b) MTA shall be responsible for determining the TIDF to the City for new development for which the City issued a building or site permit prior to July 1, 2010. In such cases, MTA shall determine the TIDF as follows:

(1) Where MTA has determined that such new development may be subject to the TIDF, the Director of Transportation or his or her designee may cause the County Recorder to record a notice that the new development is potentially subject to the TIDF under this Article. Such notice shall identify the development project and state that MTA is evaluating whether the project is subject to the TIDF as well as the amount of any potential liability. The notice shall also state that if MTA subsequently determines that a TIDF is due on the project and the amount due is not paid, MTA may

tice that the new development is potentially subject to the TIDF under this Article. Such notice shall identify the development project and state that MTA is evaluating whether the project is subject to the TIDF as well as the amount of any potential liability. The notice shall also state that if MTA subsequently determines that a TIDF is due on the project and the amount due is not paid, MTA may

impose a lien on the property in accordance with this Article. Where the Director of Transportation or his or her designee has caused this notice to be recorded and subsequently concludes that the project is not subject to the TIDF, the Director of Transportation or his or her designee shall promptly record a notice identifying the project and stating that the agency has determined that the project is not subject to the TIDF.

(2) MTA shall send a Preliminary TIDF Notice to the project sponsor informing the project sponsor of MTA's proposed determination that TIDF is due for the project and requesting that the sponsor file with MTA, on such form as MTA may develop, a report indicating the number of gross square feet of use of the new development and any other information that MTA may require to determine the project sponsor's obligation to pay the TIDF.

(3) The Preliminary TIDF Notice shall:

• (A) identify the development project;

• (B) state the legal authority for imposing the TIDF;

(C) specify the preliminary amount of the fee that MTA calculates the sponsor owes based on the information available to the agency, which amount MTA shall calculate on the basis of the number of gross square feet of new

development, multiplied by the square foot rate in effect at the time of building or site permit issuance for each of the applicable economic categories within the new development under former Administrative Code Chapter 38, and taking into account any exceptions or credits provided therein; and

(D) list the name and contact information for the staff person at MTA responsible for calculating the TIDF.

(4) When calculating the TIDF for a development project in which there is a change of use such that the rate charged for the new economic activity category is higher than the rate charged for the existing economic activity category, the TIDF per square foot rate for the change of use shall be the difference between the rate charged for the new use and the existing use.

(5) The project sponsor shall submit the report of gross square feet of use to MTA not later than 15 calendar days from the date of mailing of the Preliminary TIDF Notice.

(6) After receiving the report of gross square feet of use, or if no response is received from the project sponsor within 15 calendar days from the date of mailing of the Preliminary TIDF Notice, MTA shall prepare a Final TIDF Determination for the project by determining the fee under Subsection 411.9(b)(3)(C), taking into account any additional information received from the project sponsor since the Preliminary TIDF Notice. The Final TIDF Determination shall also contain the information required by Subsection 411.9(b)(3)(A), (B) and (D) and inform the project sponsor of the sponsor's right to seek review of the determination in accordance with either Section 411.9(c) or (d).

(7) MTA shall cause the Final TIDF Determination to be addressed to the project sponsor and deposited in the U.S. Mail on the date of issuance of that Report. In addition, MTA shall transmit the Final TIDF Determination to DBI in the case of projects subject to Section 411.9(c).

(c) Where the City issued a building or site permit prior to July 1, 2010 and the City has not issued the First Certificate of Occupancy for that development, DBI shall be responsible for collection of the fee due consistent with the otherwise applicable requirements set forth in this Article and the San Francisco Building Code. For purposes of this paragraph, the Final TIDF Determination shall be treated as a Project Development Fee Report.

(d) Notwithstanding any provisions to the contrary in the San Francisco Building Code, where the TIDF may be owed to the City for new development for which the City issued a building or site permit prior to July 1, 2010, and the City issued the First Certificate of Occupancy for the new development on or before the effective date of this Section 411.9, MTA shall be responsible for the collection of the fee due in accordance with the procedures set forth in this Subsection 411.9(d).

where the TIDF may be owed to the City for new development for which the City issued a building or site permit prior to July 1, 2010, and the City issued the First Certificate of Occupancy for the new development on or before the effective date of this Section 411.9, MTA shall be responsible for the collection of the fee due in accordance with the procedures set forth in this Subsection 411.9(d).

(1) Recording of Fee. Once MTA has prepared the Final TIDF Determination, the Director of Transportation or his or her designee may cause the County Recorder to record a notice that the development is subject to the TIDF. The County Recorder shall serve or mail a copy of such notice to the project sponsor and the owners of the real property described in the notice. The notice shall include (i) a description of the real property subject to the fee; (ii) a statement that the development is subject to the fee; and (iii) a statement that the MTA has determined the amount of the fee to which the project is subject under this Section and related provisions of this Article. Where the Director of Transportation or his or her designee has caused this notice to be recorded and the Final TIDF Determination is either paid or subsequently revised or reversed following review under paragraphs 411.9 (d)(2) or (3) of this Section, the Director of Transportation or his or her designee shall promptly cause the County Recorder to record a notice stating that either (i) the agency has revised the amount of TIDF due; (ii) the agency has determined that the project is not subject to the TIDF; or (iii) that the fee has been paid. The County Recorder shall also serve or mail a copy of such notice to the project sponsor and the owners of the real property described in the notice.

(2) Dispute Resolution. If the project sponsor disputes the accuracy of the Final TIDF Determination, including the mathematical calculation of the number of gross square feet subject to the fee, the project sponsor may request a review of the Final TIDF Determination by the Director of Transportation. The project sponsor shall submit any request for review not later than 15 calendar days after the date of issuance of the Final TIDF Determination. The Director of Transportation shall attempt to resolve the dispute in consultation with the project sponsor, and may request additional information from either MTA staff or the project sponsor. The Director of Transportation shall issue his or her decision in writing to the

project sponsor not later than 30 calendar days from receipt of the review request, unless the project sponsor and the Director of Transportation mutually agree to extend this period. The Director of Transportation shall cause the decision to be placed in the U.S. Mail on the date of issuance.

(3) Appeal to MTA Board of Directors.

(A) The project sponsor may appeal the decision of the Director of Transportation on the Final TIDF Determination to the MTA Board of Directors by submitting a written notice of appeal, accompanied by payment of the full amount of the contested fee, to the Secretary of the MTA Board not later than 15 calendar days after the date of issuance of the Director of Transportation's decision. Any portion of the fee that is not upheld upon appeal to the MTA Board of Directors shall be refunded as set forth in subparagraph (D) below.

(B) In order to appeal to the MTA Board of Directors under this Section, a project sponsor appellant must first have attempted to resolve the dispute or question by following the procedure in Section 411.9 (d)(2). The MTA Board Secretary may not accept an appeal for filing under this subsection unless the appellant submits written evidence of this prior attempt.

(C) In hearing any appeal of the Final TIDF Determination, the MTA Board's jurisdiction is strictly limited to determining whether the mathematical calculation of the TIDF is accurate and resolving any technical disputes over the use, occupancy, floor area, unit count and mix, or other objective criteria upon which the applicable provisions of law dictated the calculation.

(D) The MTA Board shall schedule the appeal for hearing within 90 calendar days of the date of submission of the appeal, and shall issue a decision within 60 days of hearing the appeal. Within five business days of the MTA Board's decision, the MTA Board Secretary shall cause the decision of the MTA Board to be placed in the U.S. Mail addressed to the appellant. The decision shall be accompanied by any refund of the TIDF paid due to appellant following the MTA Board's decision. Any amount refunded shall bear interest at the rate of 2/3 of 1 percent per month or fraction thereof, or the average rate of interest computed over the preceding 6-month period obtained by the San Francisco Treasurer on deposits of public funds at the time the refund is made, whichever rate is lower, and shall be computed from the date of payment of the fee to the date of refund plus interest.

(4) Payment and Collection.

(A) Payment of TIDF. The TIDF shall be due and payable to the MTA not later than 30 days after the date of mailing of the Final TIDF Determination unless the project sponsor has timely requested review by the Director of Transportation under Section 411.9 (d)(2) or initiated an appeal to the MTA Board of Directors under Section 411.9 (d)(3), in which case any TIDF shall be due and payable to MTA on the earlier of 30 days after the date of the Director of Transportation's decision under Section 411.9 (d)(2) or at the time of submission of the written notice of appeal to the MTA Board of Directors under Section 411.9 (d)(3)(A) above.

r Section 411.9 (d)(2) or initiated an appeal to the MTA Board of Directors under Section 411.9 (d)(3), in which case any TIDF shall be due and payable to MTA on the earlier of 30 days after the date of the Director of Transportation's decision under Section 411.9 (d)(2) or at the time of submission of the written notice of appeal to the MTA Board of Directors under Section 411.9 (d)(3)(A) above.

(B) Payment of the TIDF imposed under this section is delinquent if (i) in the case of a fee not payable in installments, the fee is not paid by the dates set forth in the preceding paragraph; or (ii) in the case of a fee for Integrated PDR subject to Section 428A of this Code, any installment of the fee is not paid within 30 days of the date fixed for payment. In such case, MTA shall mail an additional request for payment to the project sponsor stating that:

(i) If the amount due is not paid within 30 days of the date of mailing of the additional request and notice, interest at the rate of one and one-half percent per month or portion thereof shall be assessed upon the fee due and shall be computed from the date of delinquency until the date of payment; and

(ii) If the account is not current within 30 days of the date of mailing of the additional request and notice, MTA shall institute lien proceedings in accordance with Section 408(b). (Added by Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

[TRANSPORTATION SUSTAINABILITY FEE]

SEC. 411A. TRANSPORTATION SUSTAINABILITY FEE.

Sections 411A.1 through 411A.8 (hereafter referred to collectively as "Section 411A") set forth the requirements and procedures for the Transportation Sustainability Fee ("TSF").

(Added by Ord. 200-15, File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

SEC. 411A.1. FINDINGS.

(a) In 1981, San Francisco ("the City") enacted Ordinance No. 224-81, imposing a Transit Impact Development Fee ("TIDF") on new office development in the downtown area. The TIDF was based on studies showing that the development of new office uses places a burden on the City's transit system, especially in the downtown area of San Francisco during commute hours, known as "peak periods."

(b) The City later amended the TIDF, and made it applicable to non-residential Development Projects citywide, recognizing that development has transportation impacts across the City's transportation network.

(c) Starting in 2009, the City and the San Francisco County Transportation Authority worked to develop the concept of a comprehensive citywide transportation fee and supporting nexus study (the "TSF Nexus Study"). The fee would offset impacts of Development Projects, both residential and non-residential, on the City's transportation network, including impacts on transportation infrastructure that support pedestrian and bicycle travel. The Nexus Study is on file with the Clerk of the Board of Supervisors in File No. 150790, and is incorporated herein by reference.

orting nexus study (the "TSF Nexus Study"). The fee would offset impacts of Development Projects, both residential and non-residential, on the City's transportation network, including impacts on transportation infrastructure that support pedestrian and bicycle travel. The Nexus Study is on file with the Clerk of the Board of Supervisors in File No. 150790, and is incorporated herein by reference.

(d) The TSF Nexus Study concluded that all new land uses in San Francisco will generate an increased demand for transportation infrastructure and services, and recommended that the TSF apply to both residential and non-residential Development Projects in the City. While the Nexus Study found that all new land uses in San Francisco will generate this increased demand for transportation, the Board finds that it is in the public interest to exempt some uses from payment of the fee, in order to promote other important City policies and priorities, such as affordable housing, small businesses and charitable organizations. The Board finds that Hospital and Health Service projects, however, are generally of such scope and size that they create a substantial demand for transportation infrastructure and services, and therefore, they should contribute to the TSF to meet this demand.

(e) In accordance with the TSF Nexus Study, Section 411A imposes a citywide transportation fee, the TSF, which will allow the San Francisco Municipal Transportation Agency ("SFMTA") and other regional transportation agencies serving San Francisco to meet the demand generated by new development and thus maintain their existing level of service. Section 411A will require sponsors of Development Projects in the City to pay a fee that is reasonably related to the financial burden such projects impose on the City. This financial burden is measured by the cost that will be incurred by SFMTA and other transportation agencies serving San Francisco to meet the demand for transit capital maintenance, transit capital facilities and fleet, and pedestrian and bicycle infrastructure (also referred to as "complete streets" infrastructure) created by new development throughout the City.

(f) The TSF Nexus Study justifies charging fee rates higher than those Section 411A imposes. The rates imposed herein take into consideration the recommendations of a TSF Economic Feasibility Study that the City prepared in conjunction with TSF. The TSF Economic Feasibility Study took into account the impact of the TSF on the feasibility of development, throughout the City. The TSF Economic Feasibility Study is

on file with the Clerk of the Board of Supervisors in File No. 150790,1 and is incorporated herein by reference.

(g) The fee rates charged herein are no higher than necessary to cover the reasonable costs of providing transportation infrastructure and service to the population associated with the new Development Projects, such as residents, visitors, employees and customers. The TSF will provide revenue that is significantly below the costs that SFMTA and other transit providers will incur to mitigate the transportation infrastructure and service needs resulting from the Development Projects.

(h) The TSF is an efficient and equitable method of providing funds to mitigate the transportation demands imposed on the City by new Development Projects.

(i) More recently, the City adopted the San Francisco Citywide Nexus Analysis (“Nexus Analysis”) and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764. The Nexus Analysis evaluated the TSF, in addition to other transportation impact fees. In Section 401A, the Board adopted the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY Former divisions (i)-(i)(5) deleted; new division (i) added; Ord. 193-23, Eff. 10/16/2023. CODIFICATION NOTE

1. The file number is blank in Ord. 222-15, but is set forth here as shown in Ord. 200-15.

SEC. 411A.2. DEFINITIONS.

See Section 401 of this Article 4 for definitions of terms applicable to this Section 411A. In addition, the following abbreviations are used throughout Section 411A: TIDF (Transit Impact Development Fee); TSF (Transportation Sustainability Fee).

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

SEC. 411A.3. APPLICATION OF TSF.

(a) Except as provided in Subsection (b), the TSF shall apply to any Development Project in the City that results in:

• (1) More than twenty new dwelling units;

• (2) New group housing facilities, or additions of 800 gross square feet or more to an existing group housing facility;

(3) New construction of a Non-Residential use in excess of 800 gross square feet, or additions of 800 gross square feet or more to an existing Non-Residential use; or

(4) New construction of a PDR use in excess of 1,500 gross square feet, or additions of 1,500 gross square feet or more to an existing PDR use; or

(5) Change or Replacement of Use, such that the rate charged for the new use is higher than the rate charged for the existing use, regardless of whether the existing use previously paid the TSF or TIDF.

(6) Change or Replacement of Use from a Hospital or a Health Service to any other use.

(b) Exemptions. Notwithstanding Subsection (a), the TSF shall not apply to the following:

(1) City Projects. Development Projects on property owned by the City, except for that portion of a Development Project that may be developed by a private sponsor and not intended to be occupied by the City or other agency or entity exempted under Section 411A, in which case the TSF shall apply only to such non-exempted portion. Development Projects on property owned by a private person or entity and leased to the City shall be subject to the fee, unless such Development Project is otherwise exempted under Section 411A.

(2) Redevelopment Projects and Projects with Development Agreements. Development Projects in a Redevelopment Plan Area or in an area covered by a Development Agreement in existence at the time a building or site permit is issued for the Development Project, to the extent payment of the TSF would be inconsistent with such Redevelopment Plan or Development Agreement.

(3) Projects of the United States. Development Projects located on property owned by the United States or any of its agencies to be used exclusively for governmental purposes.

(4) Projects of the State of California. Development Projects located on property owned by the State of California or any of its agencies to be used exclusively for governmental purposes.

(5) Affordable Housing Projects. Affordable housing, pursuant to the provisions of Planning Code Section 406(b), other than that required by Planning Code Sections 415 or 419 et seq. , or any units that trigger a Density Bonus under California Government Code Sections 65915-65918.

(6) Small Businesses. Each Change of Use from PDR to Non-Residential, or expansion of an existing PDR or Non-Residential use through an addition that adds new gross floor area to an existing building, shall be exempt from the TSF, provided that: (A) the gross square footage of the resulting individual unit of PDR or Non-Residential use is not greater than 5,000 gross square feet, and (B) the resulting use is not a Formula Retail use, as defined in Section 303.1 of this Code. This exemption shall not apply to new construction or Replacement of Use.

(7) Charitable Exemptions.

(A) The TSF shall not apply to any portion of a project located on a property or portion of a property that will be exempt from real property taxation or possessory interest taxation under California Constitution, Article XIII, Section 4, as implemented by California Revenue and Taxation Code Section 214. However, any Hospital or Health Service that requires an Institutional Master Plan under Section 304.5 of the Planning Code shall not be eligible for this charitable exemption, and shall as of the effective date of this Ordinance* be subject to the TSF, as set forth in Section 411A.4 and 411A.5, below.

n, Article XIII, Section 4, as implemented by California Revenue and Taxation Code Section 214. However, any Hospital or Health Service that requires an Institutional Master Plan under Section 304.5 of the Planning Code shall not be eligible for this charitable exemption, and shall as of the effective date of this Ordinance* be subject to the TSF, as set forth in Section 411A.4 and 411A.5, below.

(B) Any project receiving a Charitable Exemption shall maintain its tax exempt status, as applicable, for at least 10 years after the issuance of its Certificate of Final Completion. If the property or portion thereof loses its tax exempt status within the 10-year period, then the property owner shall be required to pay the TSF that was previously exempted. Such payment shall be required within 90 days of the property losing its tax exempt status.

(C) If a property owner fails to pay the TSF within the 90-day period, a notice for request of payment shall be served by the Development Fee Collection Unit at DBI under Section 107A.13 of the San

Francisco Building Code. Thereafter, upon nonpayment, a lien proceeding shall be instituted under Section 408 of this Article and Section 107A.13.15 of the San Francisco Building Code.

(D) The Zoning Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder of the City and County of San Francisco for the subject property prior to the issuance of a building or site permit. This Notice shall state the amount of the TSF exempted per this subsection (b)(7). It shall also state the requirements and provisions of subsections (b)(7)(B) and (b)(7)(C) above.

(c) Timing of Payment. The TSF shall be paid consistent with the timing set forth in Section 107A.13.3 of the San Francisco Building Code.

(d) Application of the TSF to Projects in the Approval Process at the Effective Date of Section

411A. The TSF shall apply to Development Projects that are in the approval process at the effective date of Section 411A, except as modified below:

(1) Projects that have a Development Application approved before the effective date of this Section shall not be subject to the TSF, but shall be subject to the TIDF at the rate applicable pursuant to Planning Code Sections 411.3(e) and 409, as well as any other applicable fees.

(2) Projects that have filed a Development Application or environmental review application on or before July 21, 2015, and have not received approval of any such application, shall be subject to the TSF as follows, except as described in subsection (3) below:

(A) Residential Uses subject to the TSF shall pay 50% of the applicable residential TSF rate, as well as any other applicable fees.

(B) The Non-residential or PDR portion of any project shall be subject to the TSF but pay the applicable TIDF rate pursuant to Planning Code Sections 411.3(e) and 409, as well as any other applicable fees.

(3) Projects that have not filed a Development Application or environmental review application before July 22, 2015, and file the first such application on or after July 22, 2015, and have not received approval of any such application, as well as projects within the Central SoMa Special Use District that have a Central SoMa Fee Tier of A, B, or C, as defined in Section 423.2, regardless of the date filed of any Development Application, shall be subject to the TSF as follows:

(A) Residential Uses subject to the TSF shall pay 100% of the applicable residential TSF rate, as well as any other applicable fees.

(B) The Non-residential or PDR portion of any project shall pay 100% of the applicable Nonresidential or PDR TSF rate, as well as any other applicable fees.

(e) Effect of TSF on TIDF and Development Subject to TIDF.

(1) The provisions of this Section 411A are intended to supersede the provisions of Section 411 et seq . as to new development in the City as of the effective date of Section 411A, except as stated below. The provisions of Section 411 et seq . are hereby suspended, with the following exceptions:

(A) Section 411 et seq . shall remain operative and effective with respect to any Redevelopment Plan, Development Agreement, Interagency Cooperation Agreement, or any other agreement entered into by the City, the former Redevelopment Agency or the Successor Agency to the Redevelopment Agency, that is valid and effective on the effective date of Section 411A, and that by its terms would preclude the application of Section 411A, and instead allow for the application of Section 411 et seq .

(B) Section 411 et seq . shall remain operative and effective with respect to Development Projects that are in the approval process as of the effective date of Section 411A, and for which the TIDF is

imposed as set forth in Section 411A.3(d).

(C) Section 411 et seq . shall remain operative and effective with respect to imposition and collection of the TIDF for any new development for which a Development Application was approved prior to the effective date of Section 411A, and for which TIDF has not been paid.

(2) Notwithstanding subsection (e)(1) above, if the City Attorney certifies in writing to the Clerk of the Board of Supervisors that a court has determined that the provisions of Section 411A are invalid or unenforceable in whole or substantial part, the provisions of Section 411 shall no longer be suspended and shall become operative as of the effective date of the court ruling. In that event, the City Attorney shall cause to be printed appropriate notations in the Planning Code indicating that the provisions of Section 411A are suspended, and the provisions of Section 411 are no longer suspended.

unenforceable in whole or substantial part, the provisions of Section 411 shall no longer be suspended and shall become operative as of the effective date of the court ruling. In that event, the City Attorney shall cause to be printed appropriate notations in the Planning Code indicating that the provisions of Section 411A are suspended, and the provisions of Section 411 are no longer suspended.

(3) The City Attorney's certification referenced in subsection (e)(2) above shall be superseded if the City Attorney thereafter certifies in writing to the Clerk of the Board of Supervisors that the provisions of Section 411A are valid and enforceable in whole or in substantial part because the court decision referenced in subsection (e)(2) has been reversed, overturned, invalidated, or otherwise rendered inoperative with respect to Section 411A. In that event, the provisions of Section 411A shall no longer be suspended and shall become operative as of the date the court decision no longer governs, and the provisions of Section 411 shall be suspended except as specified in Section 411A. Further, the City Attorney shall cause to be printed appropriate notations in the Planning Code indicating the same. (Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025)

AMENDMENT HISTORY

Divisions (d)(1), (d)(2), (d)(2)(B), and (d)(3) amended; Ord. 296-18, Eff. 1/12/2019. Division (c) amended; Ord. 196-25, Eff. 11/24/2025.

• Editor's Note:

The phrase "as of the effective date of this Ordinance" was added to this section by Ord. 222-15 , eff. 1/17/2016.

SEC. 411A.4. CALCULATION OF TSF.

(See Interpretations related to this Section.)

(a) Calculation. The TSF shall be calculated on the basis of the amount of new gross square feet created by the Development Project, multiplied by the TSF rate in effect at the issuance of the First Construction Document for each of the applicable land use categories within the Development Project, as provided in the Fee Schedule set forth in Section 411A.5, except as provided in subsections (b)-(e), below. An accessory use shall be charged at the same rate as the underlying use to which it is accessory. In reviewing whether a Development Project is subject to the TSF, the project shall be considered in its entirety. A project sponsor shall not seek multiple applications for building permits to evade paying the TSF for a single Development Project.

(b) Change or Replacement of Use. When calculating the TSF for a development project in which there is a Change or Replacement of Use such that the rate charged for the new land use category is higher

than the rate charged for the category of the existing legal land use, the TSF per square foot rate shall be the difference between the rate charged for the new and the existing use.

(c) Calculation Method for Residential Uses. Areas of Residential use within a project that creates no more than 99 dwelling units shall pay the fee listed in Table 411A.5. When a project creates more than 99 dwelling units, the fees for areas of Residential use shall be calculated as follows: The number of dwelling units greater than 99 shall be divided by the total number of dwelling units created to determine the proportion of the project represented by those dwelling units. The resulting quotient shall be multiplied by the total gross floor area of Residential use in the project. The resulting product represents the number of gross square feet of Residential use in the project that is subject to the higher fee rate in Table 411A.5 for dwelling units above 99. The remainder of gross square feet of Residential use in the project is subject to the lower fee rate in Table 411A.5 for dwelling units at or below 99.

(d) Calculation Method for Hospitals. For any project creating a new Hospital use, or expanding an existing Hospital use, as defined in Section 102 of this Code, the number of Gross Square Feet that shall be used to calculate the TSF shall be calculated by the following formula:

GSF of New Hospital Use

× ( Net increase of licensed inpatient beds in the City and County of San ) Francisco created by the proposed Hospital use for the associated licensed hospital operator Total number of existing licensed inpatient beds in the City and County of San Francisco for the associated licensed hospital operator

This formula calculates the number of gross square feet of the new Hospital use, multiplied by the ratio of the net increase of licensed inpatient beds in the City and County of San Francisco resulting from the proposed Hospital use for the associated licensed hospital operator to the total number of existing licensed inpatient beds in the City and County of San Francisco, including licensed beds at one or more locations, for the associated licensed hospital operator. The gross square feet resulting from this formula shall be subject to the TSF rate set forth in Table 411A.5.

(e) Calculation Method for Changes or Replacements of Use, from a Hospital to Any Other Use. If a Hospital use that was previously subject to the TSF undergoes a Change or Replacement of Use to any other use, the rate applicable to the new use shall be applied to any gross square feet of previous Hospital use that was excluded from the fee calculation per the formula established in Section 411A.4(d). (Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

SEC. 411A.5. TSF SCHEDULE.

(a) Development Projects subject to the TSF shall pay the following fees, as adjusted annually in accordance with Planning Code Section 409(b).

Table 411A.5. TSF Schedule

(b) Development Projects in the Market & Van Ness Residential Special Use District may propose to pay their TSF in kind, as set forth in Section 249.33.

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; amended by Ord. 138-18, File No. 180117, App. 6/20/2018, Eff. 7/21/2018, Oper. 7/21/2018 and 1/12/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

AMENDMENT HISTORY

Table 411A.5 amended; Ord. 138-18, Oper. 7/21/2018 and 1/12/2019. Division (a) designated; division (b) added; Ord. 126-20, Eff. 8/31/2020.

SEC. 411A.6. TSF EXPENDITURE PROGRAM.

As set forth in the Nexus Analysis, on file with the Clerk of the Board of Supervisors File No. 230764, TSF funds may only be used to reduce the burden imposed by Development Projects on the City’s transportation system. Expenditures shall be allocated as follows, giving priority to specific projects identified in the different Area Plans:

Table 411A.6A. TSF Expenditure Program

Within the Rincon Hill Community Improvements Program Area, per Planning Code Section 418 and the Visitacion Valley Fee Area, per Planning Code Section 420, expenditures shall be allocated as follows:

Table 411A.6B. TSF Expenditure Program in Rincon Hill and Visitacion Valley

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Undesignated introductory paragraph amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 411A.7. TSF FUND.

Money received from collection of the TSF, including earnings from investments of the TSF, shall be held in trust by the Treasurer of the City and County of San Francisco under California Government Code Section 66006 of the Mitigation Fee Act. It shall be distributed according to the fiscal and budgetary provisions of the San Francisco Charter and the Mitigation Fee Act, subject to the following conditions and limitations. As reasonably necessary to mitigate the impacts of new development on the City's public transportation system, TSF funds may be used to fund transit capital maintenance projects, transit capital facilities and fleet, and complete streets (pedestrian and bicycle) infrastructure. These expenditures may include, but are not limited to: capital costs associated with establishing new transit routes, expanding transit routes, and increasing service on existing transit routes, including, but not limited to, procurement of related items such as rolling stock, and design and construction of bus shelters, stations, tracks, and overhead wires; capital or maintenance costs required to add revenue service hours or enhanced capacity to existing routes; capital costs of pedestrian and bicycle facilities, including, but not limited to, sidewalk paving and widening, pedestrian and bicycle signalization of crosswalks or intersection, bicycle lanes within street right-of-way, physical protection of bicycle facilities from motorized traffic, bike sharing, bicycle parking, and traffic calming. Proceeds from the TSF may also be used to administer, enforce, or defend Section 411A.

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

SEC. 411A.8. THREE YEAR REVIEW OF ECONOMIC FEASIBILITY STUDY.

Every three years, or sooner if requested by the Mayor, the Planning Commission, or the Board of Supervisors, the SFMTA shall update the TSF Economic Feasibility Study. This update shall analyze the impact of the TSF on the feasibility of development, throughout the City. This update shall be in addition to the five-year evaluation of all development fees mandated by Section 410 of this Code.

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015 and Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016)

SEC. 411A.9. FURTHER STUDY OF ECONOMIC FEASIBILITY.

The Controller and the Planning Department shall study the feasibility of creating a variable impact fee structure based on economic feasibility of projects in different areas of the City, and report back to the Board of Supervisors within six months of the effective date of this Ordinance No. 200-15 .1

(Added by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015)

CODIFICATION NOTE

1. Blank in Ord. 200-15 ; ordinance number inserted by the codifier. [DOWNTOWN PARK FEE]

SEC. 412. DOWNTOWN PARK FEE.

Sections 412.1 through 412.6, hereafter referred to as Section 412.1 et seq. , set forth the requirements and procedures for the Downtown Park Fee. The effective date of these requirements shall be either September 17, 1985, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Section amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 412.1. PURPOSE AND FINDINGS SUPPORTING DOWNTOWN PARK FEE.

(a) Purpose. Existing public park facilities located in the downtown office districts are at or approaching capacity utilization by the daytime population in those districts. The need for additional public park and recreation facilities in the downtown districts will increase as the daytime population increases as a result of continued office development in those areas. While the open space requirements imposed on individual office and retail developments address the need for plazas and other local outdoor sitting areas to serve employees and visitors in the districts, such open space cannot provide the same recreational opportunities as a public park. In order to provide the City and County of San Francisco with the financial resources to acquire and develop public park and recreation facilities which will be necessary to serve the burgeoning daytime population in these districts, a Downtown Park Fund shall be established as set forth herein.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific

findings in that Section, specifically including the Recreation and Open Space Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Section amended; Ord. 182-12 , Eff. 9/7/2012. Section header amended; former section designated as division (a) and amended; division (b) added; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 412.2. DEFINITIONS.

See Section 401 of this Article. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 412.3. APPLICATION.

Section 412.1 et seq. shall apply to a proposed office development project within the C-3-O, C-3-O (SD), C-3-R, C-3-G or C-3-S Use Districts that results in a net addition of gross floor area of office use. These requirements are in addition to any applicable requirements set forth in Section 138 of this Code. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 412.4. IMPOSITION OF DOWNTOWN PARK FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 412.1 et seq. to any development project requiring a first construction document and, if Section 412.1 et seq. is applicable, the number of gross square feet of office use subject to its requirements, and shall impose this requirement as a condition of approval for issuance of the first construction document for the development project to address the need for additional public park and recreation facilities in the downtown districts. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Amount of Fee. The amount of the fee shall be $2 per square foot of the Net Addition of Gross Floor Area of Office Use to be constructed as set forth in the final approved building or site permit.

(c) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final

determination of the net addition of gross floor area of office use subject to Section 412.1 et seq. and the dollar amount of the Downtown Park Fee required, the Department shall immediately notify the Development Fee Collection Unit at DBI of its determination, in addition to the other information required by Section 402(b) of this Article.

(d) Process for Revisions of Determination of Requirement. In the event that the Department or the Commission takes action affecting any development project subject to Section 412.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Division (b) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 412.5. DOWNTOWN PARK FUND.

There is hereby established a separate fund set aside for a special purpose entitled the Downtown Park Fund ("Fund"). All monies collected by DBI pursuant to this Section 412.1 et seq. shall be deposited in the Fund. All monies deposited in the Fund shall be used solely to acquire and develop public recreation and park facilities for use by the daytime population of the C-3 Use Districts, except that $100,000 of the monies from the fund shall be used to fund a nexus study, under the direction of the General Manager of the Recreation and Park Department, to examine whether the Downtown Park Fee should be imposed on uses other than office and on geographic areas of the City other than C-3 use districts. No

Downtown Park Fee monies shall be expended on improvements for Ferry Park (generally Assessor's Block 202, Lots 6, 14 and 15, and Assessor's Block 203, Lot 14) until such time as this nexus study is completed unless use of such Downtown Park Fee monies is approved by a financial committee of the Board of Supervisors.

The Fund shall be administered jointly by the Recreation and Park Commission and the Planning Commission. The two Commissions shall conduct business related to their duties under this Section at joint public hearings, which hearings may

be initiated by either the Recreation and Park Commission or the Planning Commission. A joint public hearing shall be held by the Commissions to elicit public comment on proposals for the acquisition of property using monies in the Fund. Notice of any joint public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The hearing may be continued to a later date by a majority vote of the members of both Commissions present at the hearing. At a joint public hearing, a quorum of the membership of both Commissions may vote to allocate the monies in the Fund for acquisition of property for park use and/or for development of property for park use. The Recreation and Park Commission shall alone administer the development of the recreational and park facilities on any acquired property designated for park use by the Board of Supervisors, using such monies as have been allocated for that purpose at a joint hearing of both Commissions. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 412.6. COLLECTION OF FEE.

The Downtown Park Fee shall be paid to DBI for deposit into the Downtown Park Fund at the time required by Section 402(d).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Section amended; Ord. 50-15 , Eff. 5/24/2015. Section amended; Ord. 63-20, Eff. 5/25/2020. [JOBS-HOUSING LINKAGE PROGRAM]

SEC. 413. JOBS-HOUSING LINKAGE PROGRAM; HOUSING REQUIREMENTS FOR LARGE-SCALE DEVELOPMENT PROJECTS.

Sections 413.1 through 413.11, hereafter referred to as Section 413.1 et seq. , set forth the requirements and procedures for the Jobs-Housing Linkage Program. The effective date of these requirements shall be either March 28, 1996, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 413.1. FINDINGS.

The Board hereby finds and declares as follows:

(a) Large-scale entertainment, hotel, office, laboratory, and retail developments in the City have attracted and continue to attract additional employees to the City, and there is a causal connection between such developments and the need for additional housing in the City, particularly housing affordable to households of lower and moderate income. Such commercial uses in the City benefit from the availability of housing close by for their employees. However, the supply of housing units in the City has not kept pace with the demand for housing created by these new employees. Due to this shortage of housing, employers will have difficulty in securing a labor force, and employees, unable to find decent and affordable housing, will be forced to commute long distances, having a negative impact on quality of life, limited energy resources, air quality, social equity, and already overcrowded highways and public transport.

(b) There is a low vacancy rate for housing affordable to persons of lower and moderate income. This low vacancy rate is due in part to large-scale commercial developments, which have attracted and will continue to attract additional employees and residents to the City. Consequently, some of the employees attracted to these developments are competing with present residents for scarce, vacant affordable housing units in the City. Competition for housing generates the greatest pressure on the supply of housing affordable to households of lower and moderate income. In San Francisco, office or retail uses of land generally yield higher income to the owner than housing. Because of these market forces, the supply of these affordable housing units will not be expanded. Furthermore, Federal and State housing finance and

subsidy programs are not sufficient by themselves to satisfy the lower and moderate income housing requirements of the City.

(c) The City has consistently set housing production goals to address the regional and citywide forecasts for population, households, and employment. Although San Francisco has seen increased housing production each successive decade since the 1970s, the City has not been able to close the gap between its housing production goals and actual production.

(d) There is a continuing shortage of low- and moderate-income housing in San Francisco. It is desirable to impose the cost of the increased burden of providing housing necessitated by large-scale commercial development projects directly upon the sponsors of the development projects by requiring that the project sponsors contribute land or pay a fee to the City to subsidize housing development as a condition of the privilege of development and to assist the community in solving those of its housing problems generated by the development.

(e) The Bay Area has seen dramatic increases in land acquisition costs for housing, the cost of new housing development and the affordability gap for low to moderate income workers seeking housing. Commute patterns for the region have also changed, with more workers who work outside of San Francisco seeking to live in the City, thus increasing demand for housing and decreasing housing availability.

(f) As the regional job center, San Francisco has historically had the highest ratio of jobs-to-housing units in the Bay Area.

(g) The required housing exaction shall be based upon formulas derived in a periodic jobs housing nexus analysis. Consistent with the requirements of the California Mitigation Fee Act, the jobs housing nexus analysis shall demonstrate the validity of the nexus between new, large scale entertainment, hotel, office, laboratory, and retail development and the increased demand for housing in the City, and the numerical relationship between such development projects and the formulas for the provision of housing set forth in Section 413.1 et seq.

(h) The Board of Supervisors has reviewed the Jobs Housing Nexus Analysis (“Jobs Housing Nexus Analysis”), which is on file with the Clerk of the Board in Board File No. 190548, and adopts the findings and conclusions of that study, and incorporates the findings by reference herein to support the imposition of the fees under Section 413.1 et seq. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Former divisions A.–C. and K. amended and redesignated as divisions (a)-(c) and (e); former divisions D. and F. amended and combined as division (d); former divisions E., G.–J., L., and M. deleted; new divisions (f)-(h) added; Ord. 251-19, Eff. 12/16/2019. Division (h) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 413.2. DEFINITIONS.

See Section 401 of this Article. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 413.3. APPLICATION.

(a) With the exception of uses listed below in subsection (b), Sections 413.1 et seq. shall apply to any development project:

(1) that increases by 25,000 or more gross square feet the total amount of any combination of the following uses; entertainment, hotel, Integrated PDR, office, research and development, retail, and/or Small Enterprise Workspace, and

(2) whose environmental evaluation application for the development project was filed on or after January 1, 1999. (b) Sections 413.1 et seq. shall not apply to:

(1) Any development project other than a development project described in Subsection (a) of this Section, including those portions of a development project consisting of the net addition of square feet of any type of space not described in

Subsection (a) of this Section;

(2) Those portions of a development project described in Subsection (a) of this Section located on property owned by the United States or any of its agencies or leased by the United States or any of its agencies for a period in excess of 50 years, with the exception of such property not used exclusively for a governmental purpose;

(3) Those portions of a development project described in Subsection (a) of this Section located on property owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental

or educational purpose;

(4) Those portions of a development project described in Subsection (a) of this Section located on property under the jurisdiction of the San Francisco Redevelopment Agency or the Port of San Francisco where the application of Section 413.1 et seq . is prohibited by California or local law;

(5) Any office development project approved by the Commission prior to August 18, 1985 that was not subject to the Interim Guidelines; or

(6) Any office development project approved by the Commission prior to August 18, 1985 that was subject to the Interim Guidelines. If the action of the Commission affecting such office development project is thereafter modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action in a manner affecting the amount of housing required under the Interim Guidelines, the permit application on remand to the Commission shall remain subject to the Interim Guidelines.

(7) Any major phase or development project in Mission Bay North or South to the extent application of Section 413.1 et seq. would be inconsistent with the Mission Bay North Redevelopment Plan and Interagency Cooperation Agreement or the Mission Bay South Redevelopment Plan and Interagency Cooperation Agreement, as applicable.

(8) Any of the following free-standing uses. For purposes of this subsection (b)(8), the term “free-standing” shall mean an independent building or structure used exclusively by a single use and any Accessory Uses, and that is not part of a larger development project on the same environmental evaluation application.

(A) any free-standing Pharmacy use which does not exceed more than 50,000 square feet of retail or other space; or

(B) any free-standing General Grocery use which does not exceed more than 75,000 square feet of retail or other space; or

(C) any mixed-use space consisting of Residential space and Pharmacy retail space not exceeding 50,000 square feet, or General Grocery retail space not exceeding 75,000 square feet.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Divisions (a)-(a)(2), (b), and (b)(8)-(b)(8)(C) amended; Ord. 202-18, Eff. 9/10/2018.

SEC. 413.4. IMPOSITION OF HOUSING REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 413.1 et seq . to any development project requiring a first construction document, and if Section 413.1 et seq. is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of housing which will be caused by the employment facilitated by the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 413.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Sponsor’s Choice to Fulfill Requirements. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 413.1 et seq. , the sponsor shall elect one of the options listed below to fulfill any requirements imposed as a condition of approval and notify the Department of their choice of the following:

(1) Contribute land of value at least equivalent to the in-lieu fee, according to the formulas set forth in Section 413.1 et seq. , to MOHCD pursuant to Section 413.6; or

(2) Pay an in-lieu fee to the Development Fee Collection Unit at DBI according to the formula set forth in Section 413.5; or

(3) Combine the above options pursuant to Section 413.7.

(e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 413.1 et seq. that has elected to fulfill all or part of the requirements with an option other than payment of an in-lieu fee. If the

Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 413.1 et seq .

(f) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 413.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Divisions (c)-(c)(3) amended; Ord. 251-19, Eff. 12/16/2019.

SEC. 413.5. COMPLIANCE BY PAYMENT OF IN-LIEU FEE.

(a) The amount of the fee which may be paid by the sponsor of a development project shall be determined by the following formulas for each type of space proposed as part of the development project and subject to this Article 4.

(1) For applicable projects (as defined in Section 413.3), any net addition shall pay per the Fee Schedule in Table 413.5A, and

(2) For applicable projects (as defined in Section 413.3), any replacement or change of use shall pay per the Fee Schedule in Table 413.5B.

TABLE 413.5A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET

TABLE 413.5B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE

(b) Any in-lieu fee required under this Section 413.5 is due and payable to the Development Fee Collection Unit at DBI consistent with the timing set forth in Section 107A.13.3 of the San Francisco Building Code.

(c) Office Fees for Large Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition of 50,000 gross square feet and above of Office Use shall be paid as follows:

(1) For any project that (1) received an approval from the Planning Commission or Planning Department on or before September 10, 2019, stating that the project shall be subject to any new, changed, or increased Jobs Housing Linkage Fee adopted prior to that project’s procurement of a Certificate of Occupancy or Final Completion, and (2) has not procured a Certificate of Occupancy or Final Completion as of the effective date of the ordinance in Board File No. 190548, amending this Section 413.5, such project shall pay the difference between the amount of the fees assessed at the time of site permit issuance and any additional amounts due under the new, changed, or increased fee up to $52.20 before the City may issue a Certificate of Occupancy or Final Completion.

(2) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $52.20 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $60.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(4) For any project that has submitted a complete Development Application after January 1, 2021, shall pay $69.60 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 .

(d) Office Fees for Small Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition up to 49,999 gross square feet of Office Use shall be paid as follows:

(1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $46.98 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(2) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $54.81 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) Any project that has submitted a complete Development Application after January 1, 2021, shall pay $62.64 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(e) Laboratory Fees. Notwithstanding any other provision of this Code, fees for the net addition of Laboratory Use shall be paid as follows:

(1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $31.43 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(2) For any project that has submitted a Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $34.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) For any project that has submitted a Development Application after January 1, 2021, shall pay $38.37 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 .

(Added as Sec. 413.6 by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15, File No. 150149, App. 4/24/2015, Eff. 5/24/2015; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2024, Eff. 5/25/2020; Ord. 13621, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025) (Former Sec. 413.5 added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Undesignated paragraph preceding division (c) amended; Ord. 263-13, Eff. 12/27/2013. Division (c) amended; Ord. 5511, Eff. 5/24/2015. Section redesignated; section header amended; undesignated paragraph deleted; divisions (a)- (a)(2) and Tables 413.5A and 413.5B amended; former division (c) redesignated as (b); new divisions (c)-(e)(3) added; Ord. 25119, Eff. 12/16/2019. Division (b) amended; Ord. 63-20, Eff. 5/25/2020. Division (d)(3) amended; Ord. 136-21, Eff. 9/4/2021. Division (b) amended; Ord. 196-25, Eff. 11/24/2025.

CODIFICATION NOTE

1. So in Ord. 251-19.

Editor’s Note:

Ord. 63-20 purported to amend Sec. 413.6(c), which had been amended and redesignated as Sec. 413.5(b) by Ord. 25119. Accordingly, Ord. 63-20 has been listed in the history of Sec. 413.5.

SEC. 413.6. COMPLIANCE BY LAND DEDICATION.

(a) Controls. Projects may satisfy all or a portion of the requirements of Section 413.1 et seq. via dedication of land to the City for the purpose of constructing units Affordable to Qualifying Households. Projects may receive a credit against such requirements up to the value of the land donated, calculated pursuant to subsection (b) below.

(b) Requirements.

(1) The value of the dedicated land shall be determined by the Director of Property pursuant to Chapter 23 of the Administrative Code, but shall not exceed the actual cost of acquisition by the project sponsor of the dedicated land in an arm’s length transaction. Prior to issuance by DBI of the first site or building permit for a development project subject to Section 413.1 et seq. the sponsor shall submit to the Department, with a copy to MOHCD and the Director of Property, documentation sufficient to substantiate the actual cost of acquisition by the sponsor in an arm’s length transaction of any land to be dedicated by the sponsor to the City, and any additional information that would impact the value of the land. (2) Projects are subject to the requirements of Section 419.5(a)(2)(A) and (C)-(J). (Added as Sec. 413.7 by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

(Former Sec. 413.6 added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15, File No. 150149, App. 4/24/2015, Eff. 5/24/2015; redesignated as Sec. 413.5 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Section redesignated; section header and section amended; Ord. 251-19, Eff. 12/16/2019. Division (a) amended; Ord. 21021, Eff. 12/20/2021.

SEC. 413.7. COMPLIANCE BY COMBINATION OF PAYMENT OF IN-LIEU FEE AND LAND DEDICATION.

With the written approval of the Director of MOHCD, the sponsor of a development project subject to Section 413.1 et seq . may elect to satisfy its housing requirement by a combination of contributing land to the City under Section 413.6 and paying a partial amount of the in-lieu fee to the Development Fee Collection Unit at DBI under Section 413.5. In the case of such election, the sponsor must pay a sum such that each gross square foot of net addition of each type of space subject to Section 413.1 et seq . is accounted for in either the contribution of land to the City under Section 413.6 or the payment of a fee to the Development Fee Collection Unit. All of the requirements of Section 413.1 et seq. shall apply, including the requirements with respect to the timing of issuance of site and building permits, first construction documents, and certificates of occupancy for the development project and payment of the in-lieu fee.

he contribution of land to the City under Section 413.6 or the payment of a fee to the Development Fee Collection Unit. All of the requirements of Section 413.1 et seq. shall apply, including the requirements with respect to the timing of issuance of site and building permits, first construction documents, and certificates of occupancy for the development project and payment of the in-lieu fee.

(Added as Sec. 413.8 by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

(Former Sec. 413.7 added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; redesignated as Sec. 413.6 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

(Former Sec. 413.7 added by Ord. 108-10, File No. 091275, App. 5/25/2010; repealed by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014)

AMENDMENT HISTORY

Section redesignated; section header and section amended; Ord. 251-19, Eff. 12/16/2019.

SEC. 413.8. LIEN PROCEEDINGS.

A project sponsor’s failure to comply with the requirements of Sections 413.5 and 413.6 shall be cause for the Development Fee Collection Unit at DBI to institute lien proceedings to make the in-lieu fee, as adjusted under Section

413.5, plus interest and any deferral surcharge, a lien against all parcels used for the development project, in accordance with Section 408 of this Article 4 and Section 107A.13.15 of the San Francisco Building Code.

(Added as Sec. 413.9 by Ord. 108-10, File No. 091275, App. 5/25/2010; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

(Former Sec. 413.8 added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated as Sec. 413.7 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

SEC. 413.9. CITYWIDE AFFORDABLE HOUSING FUND.

(a) Use of Fees. All monies contributed pursuant to the Jobs Housing Linkage Fee Program in Section 413.1 et seq. shall be deposited in the Citywide Affordable Housing Fund (“Fund”), established in Administrative Code Section 10.10049. The receipts in the Fund collected under Section 413.1 et seq. shall be used solely to increase the supply of housing Affordable to Qualifying Households subject to the conditions of this Section 413.9. The fees collected under this Section may not be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity. MOHCD shall develop procedures such that, for all projects funded by the Citywide Affordable Housing Fund, MOHCD requires the project sponsor or its successor in interest to give preference in occupying units as provided for in Administrative Code Chapter 47.

• (1) Preservation and Acquisition Funds.

(A) Designation of Funds. MOHCD shall designate and separately account for 10% of all fees that it receives under Section 413.1 et seq. that are deposited into the Fund to support the acquisition and rehabilitation of rent restricted affordable rental housing.

(B) Use of Preservation and Acquisition Funds. The funds shall be used exclusively to acquire and preserve existing housing with the goal of making such housing permanently affordable, including but not limited to acquisition of housing through the City’s Small Sites Program. Units supported by monies from the Fund shall be designated as housing affordable to qualified households for the life of the project. Properties supported by the Preservation and Acquisition Funds must be:

(i) rental properties that will be maintained as rental properties;

(ii) vacant properties that were formerly rental properties as long as those properties have been vacant for a minimum of two years prior to the effective date of the ordinance in Board File No. 190548, amending this Section 413.9;

(iii) properties that have been the subject of foreclosure; or

(iv) a Limited Equity Housing Cooperative as defined in Subdivision Code Sections 1399.1 et seq. or a property owned or leased by a non-profit entity modeled as a Community Land Trust.

(C) Annual Report. At the end of each fiscal year, MOHCD shall issue a report to the Board of Supervisors regarding the total amount of Preservation and Acquisition Funds received, and how those funds were used.

(D) Intent. In establishing guidelines for Preservation and Acquisition Funds, the Board of Supervisors does not intend to preclude MOHCD from expending other eligible sources of funding on Preservation and Acquisition as described in this Section 413.9 1

(2) Permanent Supportive Housing. MOHCD shall designate and separately account for 30% of all fees that it receives under Section 413.1 et seq. that are deposited into the Fund to support the development of permanent supportive housing that meets the requirements of Section 413.1 et seq.

(b) Accounting of Funds in Central SoMa Special Use District. Pursuant to Section 249.78(e)(1), all monies contributed pursuant to the Jobs-Housing Linkage Program and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. Consistent with the allocations in subsection (a), such funds shall be expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(Added as Sec. 413.10 by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 277-13, File No. 130968, App. 12/18/2013, Eff. 1/17/2014; Ord. 143-15, File No. 150568, App. 8/6/2015, Eff. 9/5/2015; Ord. 204-15, File No. 150622, App. 12/3/2015, Eff. 1/2/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Section amended; Ord. 277-13, Eff. 1/17/2014. Section amended; Ord. 143-15, Eff. 9/5/2015. Section amended; Ord. 20415, Eff. 1/2/2016. Second undesignated paragraph added; Ord. 296-18, Eff. 1/12/2019. Section redesignated; undesignated paragraphs amended and designated as divisions (a) and (b); new divisions (a)(1)-(a)(2) added; Ord. 251-19, Eff. 12/16/2019. Division (a) amended; Ord. 210-21, Eff. 12/20/2021. CODIFICATION NOTE 1. So in Ord. 251-19. SEC. 413.10. [REDESIGNATED.]

SEC. 413.11. EVALUATION OF FEE.

(a) If, in the discretion of the Director of Planning, there has been a substantial change in the San Francisco and/or regional economies since the effective date of the requirements of Section 413.1 et seq. , the Director may recommend to the Commission, the Board of Supervisors, and the Mayor that Section 413.1 et seq. be amended or rescinded to alleviate any undue burden on commercial development in the City that Section 413.1 et seq. may impose.

(b) At the next comprehensive evaluation of all development fees and development impact requirements, pursuant to Section 410, the Controller, in consultation with the Department, and MOHCD and any necessary consultants, consistent with the civil service provisions of the Charter, and every five years thereafter, shall commission an update to the JobsHousing Nexus Analysis. The comprehensive evaluation of the Jobs-Housing Linkage Fee, pursuant to Section 410, shall include an evaluation of office projects in a range of sizes and an assessment of the availability of office allocation. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Section header amended; undesignated paragraph designated as division (a) and amended; division (b) added; Ord. 25119, Eff. 12/16/2019.

[CHILD CARE REQUIREMENTS FOR OFFICE AND HOTEL DEVELOPMENT PROJECTS]

SEC. 414. CHILD-CARE REQUIREMENTS FOR OFFICE AND HOTEL DEVELOPMENT PROJECTS.

Sections 414.1 through 414.15 (hereafter referred to as Section 414.1 et seq .) set forth the Child Care requirements for Office and Hotel Development Projects. The effective date of these requirements shall be either September 6, 1985, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.1. PURPOSE AND FINDINGS SUPPORTING CHILDCARE REQUIREMENTS FOR OFFICE AND HOTEL DEVELOPMENT PROJECTS.

(a) Purpose. Office, hotel, and other new commercial developments in the City are benefitted by the availability of childcare for persons employed in such developments close to their place of employment. However, the supply of childcare in the City has not kept pace with the demand for childcare created by new employees. Due to this shortage of childcare, employers will have difficulty in securing a labor force, and employees unable to find accessible and affordable

e City are benefitted by the availability of childcare for persons employed in such developments close to their place of employment. However, the supply of childcare in the City has not kept pace with the demand for childcare created by new employees. Due to this shortage of childcare, employers will have difficulty in securing a labor force, and employees unable to find accessible and affordable

quality childcare will be forced either to work where such services are available outside of San Francisco or leave the work force entirely, in some cases seeking public assistance to support their children. In either case, there will be a detrimental effect on San Francisco's economy and its quality of life.

The San Francisco General Plan encourages "continued growth of prime downtown office activities so long as undesirable consequences of such growth can be avoided" and requires that there be the provision of "adequate amenities for those who live, work and use downtown." In light of these provisions, the City should impose requirements on developers of certain commercial projects designed to mitigate the adverse effects of the expanded employment facilitated by such projects. To that end, the Commission is authorized to promote affirmatively the policies of the General Plan through the imposition of special childcare development or assessment requirements. It is desirable to impose the costs of the increased burden of providing childcare necessitated by such commercial development projects directly upon the sponsors of new development generating the need. This is to be done through a requirement that the sponsor construct childcare facilities or pay a fee into a fund used to foster the expansion of and to ease access to affordable childcare as a condition of the privilege of development.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Childcare Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 414.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.3. APPLICATION.

(a) Section 414.1 et seq. shall apply to office and hotel development projects proposing the net addition of 25,000 or more gross square feet of office or hotel space.

(b) Section 414.1 et seq. shall not apply to:

(1) Any development project other than an office or hotel development project, including that portion of an office or hotel development project consisting of a retail use;

(2) That portion of an office or hotel development project located on property owned by the United States or any of its agencies;

(3) That portion of an office or hotel development project located on property owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental purpose;

(4) That portion of an office or hotel development project located on property under the jurisdiction of the Port of San Francisco or the San Francisco Redevelopment Agency where the application of this Section is prohibited by State or local law; and

(5) Any office or hotel development project approved by the Commission prior to the effective date of Section 414.1 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016)

AMENDMENT HISTORY Division (a) amended; Ord. 2-16 , Eff. 2/18/2016.

SEC. 414.4. IMPOSITION OF CHILD CARE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 414.1 et seq. to any development project requiring a first construction document and, if Section 414.1 is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of child-care facilities which will be caused by the employees attracted to the proposed development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 414.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Sponsor’s Choice to Fulfill Requirements.

(1) Except as otherwise specified in this subsection, prior to issuance of a building or site permit for a development project subject to the requirements of Section 414.1 et seq. , the sponsor shall elect one of the six options listed below to fulfill any requirements imposed as a condition of approval and notify the Department of its choice of the following:

(A) Provide a child-care facility on the premises of the development project for the life of the project pursuant to Section 414.5; or

(B) In conjunction with the sponsors or one or more other development projects subject to Section 414.1 et seq. located within ½ mile of one another, provide a single child-care facility on the premises of one of their development projects for the life of the project as set forth in Section 414.6; or

(C) Either singly or in conjunction with the sponsors or one or more other development projects subject to Section 414.1 et seq. located within ½ mile of one another, provide a single child-care facility to be located within one mile of the development project(s) pursuant to Section 414.7; or

(D) Pay an in-lieu fee to the Development Fee Collection Unit at DBI pursuant to Section 414.8; or

(E) Combine payment of an in-lieu fee to the Child Care Capital Fund with construction of a child-care facility on the premises or providing child-care facilities near the premises, either singly or in conjunction with other sponsors pursuant to Section 414.9; or

(F) Enter into an arrangement pursuant to which a nonprofit organization shall provide a child-care facility at a site within the City pursuant to Section 414.10.

(2) In the Central SoMa SUD, an Office or Hotel project that is a Key Site, as defined in Section 329, shall satisfy this Section 414.4 by the means specified in Section 249.78.

(d) Department Notice to Development Fee Collection Unit of Sponsor's Choice. After the project sponsor has notified the Department of their choice to fulfill the requirements of Section 414.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

(e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 414.1 et seq. that has elected to fulfill all or part of its requirement with an option other than payment of an in-lieu fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall

deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 414.1 et seq .

(f) Process for Revisions of Determination of Requirements. In the event that the Department or Commission takes action affecting any development project subject to Section 414.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Divisions (c)-(c)(6) redesignated as (c)-(c)(1)(F); current division (c)(1) amended; new division (c)(2) added; Ord. 296-18, Eff. 1/12/2019.

SEC. 414.5. COMPLIANCE BY PROVIDING AN ON-SITE CHILD-CARE FACILITY.

The sponsor of a development subject to Section 414.1 et seq. may elect to provide a child-care facility on the premises of the development project for the life of the project to meet the requirements of Section 414.1 et seq. The sponsor shall, prior to the issuance of the first certificate of occupancy by DBI for the development project, provide proof to the Department that:

(A) A space on the premises of the development project has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease and an operating agreement between the sponsor and the provider with minimum terms of three years;

(B) The child-care facility is a licensed child-care facility;

(C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:

Net add. gross sq. ft. off. or hotel space × .01 = sq. ft. of child-care facility

In the event that the net addition of gross square feet of office or hotel of the development project is less than 300,000 square feet, the child-care facility may have a minimum gross floor area of 2,000 square feet or the area determined according to the above formula, whichever is greater; and

(D) A notice of special restriction has been recorded stating that the development project is subject to Section 414.1 et seq. and is in compliance herewith by providing a child-care facility on the premises.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019.

SEC. 414.6. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE AN ON-SITE CHILD-CARE FACILITY AT ONE OF THE PROJECTS.

The sponsor of a development project subject to Section 414.1 et seq. in conjunction with the sponsors of one or more other development projects subject to Section 414.1 et seq. located within one-half mile of one another may elect to provide a single child-care facility on the premises of one of their development projects for the life of the project to meet the requirements of Section 414.1 et seq. The sponsors shall, no later than six months after the issuance of the first certificate of occupancy by DBI for any one of the development projects complying with this part, provide proof to the Department that:

(A) A space on the premises of one of their development projects has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease and an operating agreement between the sponsor in whose project the facility will be located and the provider with minimum terms of three years;

(B) The child-care facility is a licensed child-care facility;

(C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:

In the event that the net addition of gross square feet of office or hotel space of all participating projects is less than 300,000 square feet, the child-care facility may have a minimum gross floor area of 2,000 square feet or the area determined according to the above formula, whichever is greater; and

(D) A written agreement binding each of the participating project sponsors guaranteeing that the child-care facility will be provided for the life of the development project in which it is located, or for as long as there is a demonstrated demand, as determined under Section 414.12, has been executed and recorded in the chain of title of each participating building. The property owner must submit a copy of the agreement to the Planning Department upon finalization to demonstrate compliance with this Section 1

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Introductory paragraph and division (D) amended; Ord. 136-21, Eff. 9/4/2021. CODIFICATION NOTE

1. So in Ord. 136-21.

SEC. 414.7. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE A CHILD-CARE FACILITY WITHIN ONE MILE OF THE DEVELOPMENT PROJECTS.

Except as specified in Section 249.78, the sponsor of a development project subject to Section 414.1 et seq. , either singly or in conjunction with the sponsors of one or more other development projects subject to Section 414.1 et seq. located within ½ mile of one another, may elect to provide a single child-care facility to be located within one mile of the development project(s) to meet the requirements of Section 414.1 et seq . Subject to the discretion of the Department, the child-care facility shall be located so that it is reasonably accessible to public transportation or transportation provided by the sponsor(s). The sponsor(s) shall, prior to the issuance of the first certificate of occupancy by DBI for any development project complying with this part, provide proof to the Department that:

(A) A space has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease or sublease and an operating agreement between the sponsor(s) and the provider with minimum terms of three years;

(B) The child-care facility is a licensed child-care facility;

(C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:

Combined net add. gross sq. ft. office or hotel space × .01 = sq. ft. of child-care facility of all participating dev. projects

In the event that the net addition of gross square feet of office or hotel space of all participating projects is less than 300,000 square feet, the child-care facility may have a minimum gross floor area of 2,000 square feet or the area determined according to the above formula, whichever is greater; and

(D) A written agreement binding each of the participating project sponsors, with a term of 20 years from the date of issuance of the first certificate of occupancy for any development project complying with this part, guaranteeing that a child-care facility will be leased or subleased to one or more nonprofit child-care providers for as long as there is a demonstrated demand under Section 414.12 has been executed and recorded in the chain of title of each participating building.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019.

SEC. 414.8. COMPLIANCE BY PAYMENT OF AN IN-LIEU FEE.

(a) Except as specified in Section 249.78 the sponsor of a development project subject to Section 414.1 et seq. may elect to pay a fee in lieu of providing a child-care facility. The fee shall be computed as follows:

Net add. gross sq. ft. office or hotel space × $1.57 = Total Fee

(b) The in-lieu fee shall be paid to DBI for deposit into the Child Care Capital Fund at the time required by Section 402(d).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020) AMENDMENT HISTORY

Division (b) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) amended; Ord. 2-16 , Eff. 2/18/2016. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (b) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 414.9. COMPLIANCE BY COMBINING PAYMENT OF AN IN-LIEU FEE WITH CONSTRUCTION OF A CHILD-CARE FACILITY.

The sponsor of a development project subject to Section 414.1 et seq . may elect to satisfy its child-care requirement by combining payment of an in-lieu fee to the Child Care Capital Fund with construction of a child-care facility on the premises or providing child-care facilities near the premises, either singly or in conjunction with other sponsors. The child-care facility to be constructed on-site or provided near-site under this election shall be subject to all of the requirements of whichever of Sections 414.5, 414.6 and 414.7 is applicable, and shall have a minimum floor area of 3,000 gross square feet. If the net addition of gross square feet of office or hotel space of all participating projects is less than 300,000 square feet, the minimum gross floor area of the facility shall be 2,000 square feet. The in-lieu fee to be paid under this election shall be subject to all of the requirements of Section 414.8 and shall be determined by the Commission according to the following formula:

[

Net. add. Gross sq. - Net. add. Gross sq. × Sq. ft. child × 100 × $1.00 = Total Fee for ft. space subject ft. space subject care facility Subject Project ] project project

Net. add Gross sq. ft. space all participating projects

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.10. COMPLIANCE BY ENTERING INTO AN ARRANGEMENT WITH A NON-PROFIT ORGANIZATION.

The sponsor of a development project subject to this Section may elect to satisfy its child-care requirement by entering into an arrangement pursuant to which a nonprofit organization will provide a child-care facility at a site within the City. The sponsor shall, prior to the issuance of the first certificate of occupancy by the Director of DBI for the development project, provide proof to the Director of Planning that:

(a) A space for a child-care facility has been provided by the nonprofit organization, either for its own use if the organization will provide child-care services, or to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease or sublease and an operating agreement between the nonprofit organization and the provider with minimum terms of three years;

(b) The child-care facility is a licensed child-care facility;

(c) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:

Net add. gross sq. ft. office or hotel space × .01 = sq. ft. of child-care facility

In the event that the net addition of gross square feet of office or hotel space is less than 300,000 square feet, the childcare facility may have a minimum gross floor of 2,000 square feet or the area determined according to the above formula, whichever is greater;

(d) The nonprofit organization has executed and recorded a binding written agreement, with a term of 20 years from the date of issuance of the first certificate of occupancy for the development project, pursuant to which the nonprofit organization guarantees that it will operate a child-care facility or it will lease or sublease a child-care facility to one or more nonprofit child-care providers for as long as there is a demonstrated need under Section 414.12, and that it will comply with all of the requirements imposed on the nonprofit organization under Section 414.10 and imposed on a sponsor under Sections 414.4.

(e) To support the provision of a child-care facility in accordance with the foregoing requirements, the sponsor has paid to the nonprofit organization a sum which equals or exceeds the amount of the in-lieu fee which would have been applicable to the project under Section 414.8.

(f) The Office of Early Care and Education, or any successor entity has determined that the proposed child-care facility will help meet the needs identified in the San Francisco Child Care Needs Assessment and will be consistent with the San Francisco Citywide Plan for Early Care and Education and Out of School Time; provided, however, that this Paragraph (f) shall not apply to any office or hotel development project approved by the Planning Commission prior to December 31, 1999.

Upon compliance with the requirements of this Section, the nonprofit organization shall enjoy all of the rights and be subject to all of the obligations of the sponsor, and the sponsor shall have no further rights or obligations under Section 414.1 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 5-14 ,1 File No. 130864, App. 2/7/2014, Eff. 3/9/2014)

AMENDMENT HISTORY Division (f) amended; Ord. 5-14 ,1 Eff. 3/9/2014.

CODIFICATION NOTE

1. The reference in Ord. 5-14 to Sec. "410.10" appears to be a scrivener's error. Accordingly, the codifier has given effect to that ordinance by applying its amendments to this section.

SEC. 414.11. SPONSOR REPORTS TO THE DEPARTMENT.

In the event that a sponsor elects to satisfy its child-care requirement under Section 414.5, 414.6, 414.7, or 414.9 by providing an on-site or near-site child-care facility, the sponsor shall submit a report to the Department in January of each year for the life of the child-care facility. The report shall have attached thereto a copy of the license issued by the California Department of Social Services permitting operation of the child-care facility, and shall state:

• (1) The address of the child-care facility;

• (2) The name and address of the child-care provider operating the facility;

• (3) The size of the center in terms of floor area;

• (4) The capacity of the child-care facility in terms of the maximum number of children for which the facility is authorized to care under the license;

• (5) The number and ages of children cared for at the facility during the previous year; and

• (6) The fees charged parents for use of the facility during the previous year. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.12. APPLICATION TO ELIMINATE THE CHILD-CARE FACILITY OR REDUCE THE FLOOR AREA.

In the event that a sponsor elects to satisfy its child-care requirement under Sections 414.5, 414.6, 414.7 or 414.9 by providing an on-site or near-site child-care facility, or under Section 414.10 by agreement with a non-profit organization, the sponsor, or in the case of a facility created pursuant to Section 414.10 the non-profit organization, may apply to the Department to eliminate the facility or to reduce the floor area of the facility in any amount, providing, however, that the gross floor area of a reduced facility is at least 2,000 square feet. The Department shall schedule a public hearing on any such application before the Commission and provide notice pursuant to Section 306.3(a) of this Code at least two months prior to the hearing. The application may be granted only where the sponsor has demonstrated that there is insufficient demand for the amount of floor area then devoted to the on-site or near-site child-care facility. The actual reduction in floor area or elimination of the child-care facility shall not be permitted in any case until six months after the application is granted. Such application may be made only five years or more after the issuance of the first certificate of occupancy for the project. Prior to the reduction in floor area or elimination of the child care facility, the sponsor shall pay an in-lieu fee to the Development Fee Collection Unit at DBI to be computed as follows:

(20 - No. of years since issuance of first construction × document or first certificate of occupancy, whichever applies) 20

Net reduction gross sq. ft. × $100 = Total Fee child-care facility

Upon payment of the fee in full to the Development Fee Collection Unit and upon request of the sponsor, Development Fee Collection Unit shall issue a certification that the fee has been paid. The sponsor shall present such certification to the Director prior to the reduction in the floor area or elimination of the child care facility. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.13. AFFORDABILITY REQUIREMENT.

The child care provider operating any child care facility pursuant to Sections 414.5, 414.6, 414.7 or 414.9 shall reserve at least 10 percent of the maximum capacity of the child care facility as determined by the license for the facility issued by the California Department of Social Services to be affordable to children of households of low income. The Department shall adopt rules and regulations to determine the rates to be charged to such households at the same time and following the procedures for the adoption of rules and regulations under Section 414.14. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 414.14. CHILD CARE CAPITAL FUND.

There is hereby established a separate fund set aside for a special purpose called the Child Care Capital Fund ("Fund"). All monies contributed pursuant to the provisions of Section 414.1 et seq. , and all other monies from the City's General Fund or from contributions from third parties designated for the fund shall be deposited in the Fund. All monies in the fund shall be used solely to increase and/or improve the supply of child care facilities affordable to households of low and moderate income; except that monies from the fund shall be used by the Director to fund in a timely manner any nexus study required to demonstrate the relationship between commercial development projects and child care demand as described in Section 414.1. The Fund shall be administered by the Director, who shall adopt rules and regulations governing the disposition of the Fund which are consistent with Section 414.1 et seq. Such rules and regulations shall be subject to approval by resolution of the Board of Supervisors.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 414.15. DECREASE IN CHILD CARE FORMULAE AFTER STUDY.

If the Commission determines after review of an empirical study that the formulae set forth in Sections 414.5 through 414.9 impose a greater requirement for child care facilities than is necessary to provide child care for the number of employees attracted to office and hotel development projects subject to Section 414.1 et seq ., the Commission shall, within three years of making such determination, refund that portion of any fee paid or permit a reduction of the space dedicated for child care by a sponsor consistent with the conclusions of such study. The Commission shall adjust any sponsor's requirement and the formulae set forth in Sections 414.5 through 414.9 so that the amount of the exaction is set at the level necessary to provide child care for the employees attracted to office and hotel development projects subject to Section 414.1 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011) [CHILD CARE REQUIREMENTS FOR RESIDENTIAL PROJECTS]

SEC. 414A. CHILD CARE REQUIREMENTS FOR RESIDENTIAL PROJECTS.

SEC. 414A.1. PURPOSE AND FINDINGS.

(a) Purpose. Residential developments in the City are benefitted by the availability of childcare for persons residing in such developments. However, the supply of childcare in the City has not kept pace with the demand for childcare created by new residents. Due to this shortage of childcare, residents unable to find accessible and affordable quality childcare will be forced either to live where such services are available outside of San Francisco or leave the work force, in some cases seeking public assistance to support their children. In either case, there will be a detrimental effect on San Francisco's economy and its quality of life.

residents. Due to this shortage of childcare, residents unable to find accessible and affordable quality childcare will be forced either to live where such services are available outside of San Francisco or leave the work force, in some cases seeking public assistance to support their children. In either case, there will be a detrimental effect on San Francisco's economy and its quality of life.

The San Francisco General Plan requires that the City "balance housing growth with adequate infrastructure that serves the city's growing population." In light of this provision, the City should impose requirements on developers of certain residential projects designed to mitigate the adverse effects of the increase in population facilitated by such projects.

(b) Findings. The Board of Supervisors reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board of Supervisors in File No. 230764. The Board of Supervisors reaffirms the findings and conclusions of those studies as they relate to the impact of residential development on childcare and hereby readopts the General Findings in Section 401A(a) of the Planning Code and the Specific Findings in Section 401A(b) of the Planning Code relating to childcare.

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 414A.2. DEFINITIONS.

See Section 401 of this Article for definitions applicable to Section 414A et seq . (Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016)

SEC. 414A.3. APPLICATION OF RESIDENTIAL CHILD CARE IMPACT FEE.

(a) Application.

• (1) Sections 414A.1 et seq. shall apply to any residential development project that results in:

• (A) At least one net new dwelling unit;

• (B) Additional space in an existing dwelling unit of more than 800 gross square feet;

• (C) At least one net new group housing facility or residential care facility; or

• (D) Additional space in an existing group housing or residential care facility of more than 800 gross square feet.

• (2) Sections 414A.1 et seq. shall not apply to

• (A) That portion of a residential development project consisting of a retail use;

(B) That portion of a residential development project located on property owned by the United States or any of its agencies;

(C) That portion of a residential development project located on property owned by the State of California or any of its agencies, with the exception of such property not used for a governmental purpose;

(D) That portion of a residential development project located on property under the jurisdiction of the Port of San Francisco or the San Francisco Office of Community Investment and Infrastructure where the application of Sections 414A.1 et seq. is prohibited by State or local law; and

(E) Any residential development project that has obtained its First Construction Document prior to the effective date of Sections 414A.1 et seq.

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; amended by Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019)

AMENDMENT HISTORY

Divisions (a)(1)-(a)(1)(B), (a)(2), and (a)(2)(D)-(E) amended; Ord. 7-19, Eff. 2/25/2019.

SEC. 414A.4. IMPOSITION OF RESIDENTIAL CHILD CARE IMPACT FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 414A to any development project requiring a First Construction Document and, if Section 414A is applicable, the number of gross square feet of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the First Construction Document for the development project to mitigate the impact on the availability of child-care facilities that will be caused by the residents attracted to the proposed development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of the space subject to Section 414A.1 et seq. , it shall immediately notify the Development Fee Collection Unit at the Department of Building Inspection (DBI) of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Timing of Fee Payments. The Residential Child Care Impact Fee shall be paid to DBI for deposit into the Child Care Capital Fund at the time required by Section 402(d).

(d) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the First Certificate of Occupancy for any development project subject to this Section 414A whether the project sponsor has paid the required Residential Child Care Impact Fee. If the Department notifies the Unit at such time that the sponsor has not paid this fee in full, the Director of DBI shall deny any and all Certificates of Occupancy until the subject project is brought into compliance with the requirements of this Section 414A.

(e) Process for Revisions of Determination of Requirements. In the event that the Department or Commission takes action affecting any development project subject to Section 414A, and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by a court, the procedures of Section 402(c) of this Article 4 shall be followed.

(f) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article 4, including Section 406(d), in the event a project located in an Area Plan may be assessed a child care fee.

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (c) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 414A.5. CALCULATION OF THE RESIDENTIAL CHILD CARE IMPACT FEE.

• (a) For development projects for which the Residential Child Care Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 414A.5A; and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 414A.5B.

TABLE 414A.5A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET

TABLE 414A.5B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE

(b) Credit for On-Site Childcare Facilities. A project may be eligible for a credit for on-site Childcare Facilities: The project sponsor must apply to the Planning Department to receive a credit for on-site child care facilities. To qualify for a credit, the facility shall be open and available to the general public on the same terms and conditions as to residents of the residential development project in which the facilities are located. Subject to the review and approval of the Planning Commission, the project sponsor may apply for a credit up to 100% of the required fee. The City shall enter into an InKind Agreement with the Project Sponsor under the conditions described for In-Kind Agreements in Section 421.3(d), subsections (2) through (5).

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016)

SEC. 414A.6. OPTION TO PROVIDE SMALL FAMILY CHILD CARE HOME IN LIEU OF FEE.

(a) Election to Provide Designated Child Care Units in Lieu of Residential Child Care Impact Fee. Consistent with the timing to elect the option to provide On- or Off-site Units under Section 415.5(g), the sponsor of a development project subject to the requirements of Sections 414A.1 et seq. , may elect to fulfill all or a portion of the Residential Child Care Impact Fee requirement by creating one or more Designated Child Care Units in the project, as follows:

(1) The number of Designated Child Care Units in a project subject to this Section 414A shall be as follows:

TABLE 414A.6A

NUMBER OF DESIGNATED CHILD CARE UNITS

(2) A Designated Child Care Unit shall have two or more bedrooms and shall be 1,000 square feet or more;

(3) A Designated Child Care Unit shall be offered only for rent and only to a tenant who agrees to operate a Statelicensed Small Family Child Care Home in the Unit;

(4) A Designated Child Care Unit shall be reserved for a period of at least ten years from the date the Designated Unit is first leased to a tenant for use as a State-licensed Small Family Child Care Home; and

(5) A Designated Child Care Unit may not be an On-site or Off-site Unit, as defined in Planning Code Sections 415 et seq. establishing the Inclusionary Affordable Housing Program.

(b) Calculation of Value of Designated Child Care Unit in Lieu of Residential Child Care Impact Fee. For

purposes of determining the value of a Designated Child Care Unit to calculate a waiver of the Child Care Fee, the City shall use the following formula:

Total number of gross square feet of the unit or units designated as Child Care Units * Residential Child Care Impact Fee * 20.

This value shall be deducted from the amount of the Residential Child Care Impact Fee owed.

(c) Development of Procedures. Within nine months of the Effective Date of the ordinance in Board File No. 180917 amending this subsection (c), the Office of Early Care and Education, in consultation with the Mayor’s Office of Housing and Community Development, will provide program regulations for Designated Child Care Units. The program

regulations shall include the eligibility and occupancy requirements, the application process and assignment of the units, and the roles and responsibilities of the agencies in enforcing the program regulations.

• (1) The Office of Early Care and Education shall:

• (A) develop a set of written procedures, standards, and eligibility requirements for selecting State-licensed Small Family Child Care Home operators for these Designated Child Care Units;

• (B) provide outreach and information to the early care and education community about the availability of Designated Child Care Units; and

(C) monitor Designated Child Care Units for program compliance listed in subsection (d) as Responsibilities of Operators of Small Family Child Care Homes and refer any instances of noncompliance as a child care provider to the Planning Department for enforcement.

• (2) MOHCD shall:

• (A) publish program regulations on its website and update from time to time; and

(B) screen applicants for income and household eligibility and perform annual income certification consistent with the Inclusionary Affordable Housing Monitoring and Procedures Guidelines as updated from time to time.

(d) Responsibilities of Operators of Small Family Child Care Homes in Designated Child Care Units. A tenant of any Designated Child Care Unit shall agree to operate a State-licensed Small Family Child Care Home in the unit for a minimum of ten years as follows:

(1) If, in the determination of the Office of Early Care and Education, the tenant does not begin to operate a Statelicensed Small Family Child Care Home in the unit within nine months of occupying the unit, or if the tenant ceases to operate a State-licensed Small Family Child Care Home at any point in time within ten years from the date the Designated Child Care Unit is first leased to a tenant to operate a State-licensed Small Family Child Care Home, all tenants in the Unit shall be required to vacate the unit within 180 days, provided that if a Small Family Child Care Home has operated in the unit for ten years or more, a tenant who operated a Small Family Child Care Home in the unit will not be required to vacate the unit after such 10-year period;

(2) At least one-third of the children served by the Small Family Child Care Home shall be from Households of Lowor Moderate-income, as defined in Section 401; and

(3) The Small Family Child Care Home established in any Designated Child Care Unit shall serve at least four children of whom the operator of the Small Family Child Care Home is not a parent or guardian, based on an average over the previous 12 months.

(e) Option to Provide Designated Child Care Units in the Ground Floor on Commercial Street Frontages. On street frontages where ground floor commercial uses are required pursuant to Section 145.4 of this Code, a Designated Child Care Unit may be considered an Active Commercial Use if the unit meets all of the following requirements:

• (1) The Dwelling Unit is a Rental Unit, as defined in Planning Code Section 401;

• (2) The Designated Child Care Unit shall have two or more bedrooms and shall be 1,000 square feet or more;

(3) If a Designated Child Care Unit is being added to an existing building in the ground floor commercial space, and it is not physically possible to provide two code-complying bedrooms, such Designated Child Care Unit shall have one bedroom and shall be 1,000 square feet or more;

• (4) No more than one Designated Child Care Unit shall be permitted in each building;

(5) The Dwelling Unit is eligible to be designated a below market rate unit affordable to moderate-income

households, which shall have an affordable rent set at 80% of Area Median Income or less, with households earning from 65% to 90% of Area Median Income eligible to apply for such dwelling unit, but the Dwelling Unit may not be an On-site or Off-site Affordable Housing Unit, as required by Planning Code Sections 415 et seq. establishing the Inclusionary Affordable Housing Program;

(6) A State-licensed Small Family Child Care Home is provided in such Dwelling Unit and complies with the applicable requirements set forth in Planning Code Section 414A.6(d) for a Designated Child Care Unit;

(7) If a Designated Child Care Unit no longer provides a State-licensed Small Family Child Care Home in the unit, the owner of the project in which the unit is located shall provide notice to the Mayor’s Office of Housing and Community Development (MOHCD) and the Office of Early Care and Education within 30 days. All tenants in the Unit shall be required to vacate the unit within 180 days. The owner of the project in which the Designated Child Care Unit is located shall allow MOHCD, as assisted by the Office of Early Care and Education, to attempt to fill that unit with a Tenant eligible under the Inclusionary Affordable Housing Program who is also an eligible operator of a Small Family Child Care Home. If, in the determination of the Office of Early Care and Education, the tenant fraudulently did not intend to operate a State-licensed Small Family Child Care Home in the unit within nine months of occupying the unit, all tenants in such unit shall be required to vacate the unit within 60 days. MOHCD shall use its best efforts to fill such vacated unit with a Tenant registered with the Office of Early Care and Education and licensed to provide Small Family Child Care Home who also meets the Income restrictions for a Designated Unit; and

(8) The Designated Child Care Unit shall provide a State-licensed Small Family Child Care Home in the Designated Child Care Unit for a minimum of 15 years. In the event one or more tenants has provided such child care in the Designated Child Care Unit for 15 years, the existing tenant who has provided a State-licensed Small Family Child Care Home in the Designated Child Care Unit shall not thereafter be obligated to vacate the unit if such tenant ceases to provide a State-licensed Small Family Child Care Home in the Designated Child Care Unit, and shall be permitted to remain in the Unit until such tenant elects to vacate or fails to comply with the laws applicable to occupancy of the Unit. Upon such vacation, the Unit shall not be designated a below market rate unit, and the owner may rent the Unit at market rate. (Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016, Oper. 7/19/2016; amended by Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019)

AMENDMENT HISTORY

Divisions (a), (a)(3)-(5), and (b) amended; table amended and designated as Table 414A.6A; division (c) amended and redesignated as divisions (c), (c)(1)(C), and (d); new divisions (c)(1)- (c)(1)(B) and (c)(2)(A)-(B) added; former divisions (c)(1)-(3) amended and redesignated as (d)(1)- (d)(3); divisions (e)-(e)(8) added; Ord. 7-19, Eff. 2/25/2019.

SEC. 414A.7. USE OF FEES.

All monies contributed pursuant to the provisions of Section 414A shall be deposited in the Child Care Capital Fund established by Section 414.14 of this Code.

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016)

SEC. 414A.8. NOTICE OF AVAILABLE DESIGNATED UNITS.

Whenever a Designated Unit becomes available for rent, within 5 business days, the owner of the Unit shall notify governmental and nonprofit entities that can assist in publicizing the availability of the Unit, including, at a minimum, the following entities: the Office of Early Care and Education, the Family Child Care Association of San Francisco, the Children's Council, and Wu Yee Children's Services.

(Added by Ord. 2-16 , File No. 150793, App. 1/19/2016, Eff. 2/18/2016)

[INCLUSIONARY AFFORDABLE HOUSING PROGRAM]

SEC. 415. HOUSING REQUIREMENTS FOR RESIDENTIAL AND LIVE/WORK DEVELOPMENT PROJECTS.

(See Interpretations related to this Section.)

Sections 415.1 through 415.11, hereafter Section 415.1 et seq ., set forth the requirements and procedures for the Inclusionary Affordable Housing Program (“Program” or “Inclusionary Housing Program”).

The Planning Department and MOHCD shall periodically publish a Procedures Manual containing procedures for monitoring and enforcement of the policies and procedures for implementation of this Program. The Procedures Manual must be made available on the Department’s web site. The Procedures Manual shall not be amended, except for an annual update of the affordability housing guidelines, which reflect updated income limits, prices, and rents, without approval of the Commission or as otherwise specified herein.

The Procedures Manual in effect at the time of initial purchase or initial rental of an Affordable Unit shall govern the regulation of that unit until it is sold or re-rented unless an owner or current tenant chooses to be governed by all of the more up-to-date provisions of the then-current Procedures Manual. In that case, the owner or tenant must agree to be governed by the totality of the new regulations – an owner or tenant may not pick some provisions from the Procedures Manual in effect at the time of initial purchase or initial rental and some in effect in the then-current Procedures Manual. If the owner or tenant chooses to be governed by the then-current Procedures Manual he or she shall sign an agreement with the City to that effect, and the Department and MOHCD shall apply all of the rules and regulations in the then-current Procedures Manual to the unit.

(Added as Sec. 315 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Second and third undesignated paragraphs amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 415.1. FINDINGS.

Affordable Housing: The findings in former Planning Code Section 315.2 of the Inclusionary Affordable Housing Ordinance are hereby readopted and updated as follows:

• (a) Affordable housing is a paramount statewide concern. In 1980, the California Legislature declared in Government Code Section 65580:

(1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order.

(2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.

(3) The provision of housing affordable to low-and moderate-income households requires the cooperation of all levels of government.

(4) 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.

(b) The Legislature further stated in Government Code Section 65581 that:

It is the intent of the Legislature in enacting this article:

(1) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal.

(2) To assure that counties and cities will prepare and implement housing elements which will move toward attainment of the state housing goal.

(3) To recognize that each locality is best capable of determining what efforts are required to contribute to the attainment of the state housing goal.

(c) The California Legislature requires each local government agency to develop a comprehensive long-term general plan establishing policies for future development. As specified in the Government Code (at Sections 65300, 65302(c), and 65583(c)), the plan must (1) "encourage the development of a variety of types of housing for all income levels, including

multifamily rental housing"; (2) "[a]ssist in the development of adequate housing to meet the needs of low- and moderateincome households"; and (3) "conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action."

(d) The Board of Supervisors adopted San Francisco's General Plan Housing Element in March 2015, and the California Housing and Community Development Department certified it on May 29, 2015. The Housing Element states that San Francisco's share of the regional housing need for years 2015 through 2022 includes 10,873 housing units for very-low and low-income households and 5,460 units for moderate/middle-income households, and a total production of 28,870 net new units, with almost 60% to be affordable for very-low, low- and moderate/middle-income San Franciscans. (Added as Sec. 315.2 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016)

AMENDMENT HISTORY

Former division A.1. redesignated as divisions (a)-(c); new division (d) added; former divisions A.2.-A.14. deleted; Ord. 76-16 , Eff. 6/12/2016.

SEC. 415.2. DEFINITIONS.

See Section 401 of this Article.

“Ownership Housing Project” shall mean a housing project consisting solely of units that are condominiums, stock cooperatives, community apartments, or detached single-family homes. Ownership Housing Projects include all of the units in a housing development including Affordable Units and Market Rate Housing.

“Rental Housing Project” shall mean a housing project consisting solely of units owned by a single entity and rented to individual tenants. Rental Housing Projects include all of the units in a housing development including Affordable and Market Rate Housing.

(Added as Sec. 315.1 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; Ord. 7- 17, File No. 161157, App. 1/20/2017, Eff. 2/19/2017; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Existing definitions deleted; new definitions added; Ord. 158-17, Eff. 8/26/2017. Existing definitions deleted; new definitions added; Ord. 210-21, Eff. 12/20/2021.

SEC. 415.3. APPLICATION.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the

amending legislation is effective.

(a) Notwithstanding any other provision to the contrary in this Code, Section 415.1 et seq. shall apply to any housing project that consists of 10 or more units where an individual project or a phased project is to be undertaken and where the total undertaking comprises a project with 10 or more units, even if the development is on separate but adjacent lots. This provision also applies to housing projects that requires Commission approval of replacement housing destroyed by earthquake, fire or natural disaster only where the destroyed housing included units restricted under the Inclusionary Affordable Housing Program or the City's predecessor inclusionary housing policy, condominium conversion requirements, or other affordable housing program.

lots. This provision also applies to housing projects that requires Commission approval of replacement housing destroyed by earthquake, fire or natural disaster only where the destroyed housing included units restricted under the Inclusionary Affordable Housing Program or the City's predecessor inclusionary housing policy, condominium conversion requirements, or other affordable housing program.

(b) Except as provided in subsection (3) below, any development project that has submitted a complete Environmental Evaluation application prior to January 12, 2016 shall comply with the Affordable Housing Fee requirements, the on-site affordable housing requirements or the off-site affordable housing requirements, and all other provisions of Section 415.1 et seq. , as applicable, in effect on January 12, 2016. For development projects that have submitted a complete Environmental Evaluation application on or after January 1, 2013, the requirements set forth in Planning Code Sections 415.5, 415.6, and 415.7 shall apply to certain development projects consisting of 25 dwelling units or more during a limited period of time as follows.

(1) If a development project is eligible and elects to provide on-site affordable housing, the development project shall provide the following amounts of on-site affordable housing.

(A) Any development project that has submitted a complete Environmental Evaluation application prior to January 1, 2014 shall provide affordable units in the amount of 13% of the number of units constructed on-site.

(B) Any development project that has submitted a complete Environmental Evaluation application prior to January 1, 2015 shall provide affordable units in the amount of 13.5% of the number of units constructed on-site.

(C) Any development project that has submitted a complete Environmental Evaluation application on or prior to January 12, 2016 shall provide affordable units in the amount of 14.5% of the number of units constructed on-site.

(D) Any development project that submits an Environmental Evaluation application after January 12, 2016, shall comply with the requirements set forth in Planning Code Sections 415.5, 415.6 and 415.7, as applicable.

(E) Notwithstanding the provisions set forth in subsections (b)(1)(A), (B) and (C) of this Section 415.3, if a development project is located in a UMU Zoning District or in the South of Market Youth and Family Zoning District, and is eligible and elects to provide on-site units pursuant to Section 415.5(g), such development project shall comply with the on-site requirements applicable within such Zoning Districts, as they existed on January 12, 2016, plus the following additional amounts of on-site affordable units: (i) if the development project has submitted a complete Environmental Evaluation application prior to January 1, 2014, the Project Sponsor shall provide additional affordable units in the amount of 1% of the number of units constructed on-site; (ii) if the development project has submitted a complete

y existed on January 12, 2016, plus the following additional amounts of on-site affordable units: (i) if the development project has submitted a complete Environmental Evaluation application prior to January 1, 2014, the Project Sponsor shall provide additional affordable units in the amount of 1% of the number of units constructed on-site; (ii) if the development project has submitted a complete

Environmental Evaluation application prior to January 1, 2015, the Project Sponsor shall provide additional affordable units in the amount of 1.5% of the number of units constructed on-site; or (iii) if the development project has submitted a complete Environmental Evaluation application on or prior to January 12, 2016, the Project Sponsor shall provide additional affordable units in the amount of 2% of the number of units constructed on-site.

(F) Any development project that has submitted a complete Environmental Evaluation application on or before January 12, 2016 and seeks to utilize a density bonus under State Law shall use its best efforts to provide on-site affordable units in the amount of 25% of the number of units constructed on-site and shall consult with the Planning Department about how to achieve this amount of inclusionary affordable housing. An applicant seeking a density bonus under the provisions of State Law shall provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, and waivers or reductions of development standards.

(2) If a development project pays the Affordable Housing Fee or elects to provide off-site affordable housing, the development project shall provide the following fee amount or amounts of off-site affordable housing during the limited periods of time set forth below.

(A) Any development project that has submitted a complete Environmental Evaluation application prior to January 1, 2014, shall pay a fee or provide off-site housing in an amount equivalent to 25% of the number of units constructed onsite.

(B) Any development project that has submitted a complete Environmental Evaluation application prior to January 1, 2015, shall pay a fee or provide off-site housing in an amount equivalent to 27.5% of the number of units constructed on-site.

(C) Any development project that has submitted a complete Environmental Evaluation application on or prior to January 12, 2016 shall pay a fee or provide off-site housing in an amount equivalent to 30% of the number of units constructed on-site.

(D) Any development project that submits an Environmental Evaluation application after January 12, 2016 shall comply with the requirements set forth in Sections 415.5, 415.6, and 415.7, as applicable.

(E) Notwithstanding the provisions set forth in subsections (b)(2)(A), (B) and (C) of this Section 415.3, for development projects proposing buildings over 120 feet in height, as measured under the requirements set forth in the Planning Code, except for buildings up to 130 feet in height located both within a special use district and within a height and bulk district that allows a maximum building height of 130 feet, such development projects shall pay a fee or provide off-site housing in an amount equivalent to 30% of the number of units constructed on-site. Any buildings up to 130 feet in height located both within a special use district and within a height and bulk district that allows a maximum building height of 130 feet shall comply with the provisions of subsections (b)(2)(A), (B) and (C) of this Section 415.3 during the limited periods of time set forth therein.

(F) Notwithstanding the provisions set forth in subsections (b)(2)(A), (B) and (C) of this Section 415.3, if a development project is located in a UMU Zoning District or in the South of Market Youth and Family Zoning District, and pays the Affordable Housing Fee or elects to provide off-site affordable housing pursuant to Section 415.5(g), or elects to comply with a Land Dedication Alternative, such development project shall comply with the fee, off-site or land dedication requirements applicable within such Zoning Districts, as they existed on January 12, 2016, plus the following additional amounts for the Affordable Housing Fee or for land dedication or off-site affordable units: (i) if the development project has submitted a complete Environmental Evaluation application prior to January 1, 2014, the Project Sponsor shall pay an additional fee, or provide additional land dedication or off-site affordable units, in an amount equivalent to 5% of the number of units constructed on-site; (ii) if the development project has submitted a complete Environmental Evaluation application prior to January 1, 2015, the Project Sponsor shall pay an additional fee, or provide additional land dedication or off-site affordable units, in an amount equivalent to 7.5% of the number of units constructed on-site; or (iii) if the development project has submitted a complete Environmental Evaluation application on or prior to January 12, 2016, the Project Sponsor shall pay an additional fee, or provide additional land dedication or off-site affordable units, in an amount equivalent to 10% of the number of units constructed on-site. Notwithstanding the foregoing, a development project shall not pay a fee or provide off-site units in a total amount greater than the equivalent of 30% of the number of units constructed on-site.

y 12, 2016, the Project Sponsor shall pay an additional fee, or provide additional land dedication or off-site affordable units, in an amount equivalent to 10% of the number of units constructed on-site. Notwithstanding the foregoing, a development project shall not pay a fee or provide off-site units in a total amount greater than the equivalent of 30% of the number of units constructed on-site.

(G) Any development project consisting of 25 dwelling units or more that has submitted a complete Environmental Evaluation application on or prior to January 12, 2016, and elects to provide off-site affordable housing, may provide offsite affordable housing by acquiring an existing building to fulfill all or part of the requirements set forth in this Section 415.3 and in Section 415.7 with an equivalent amount of units as specified in this Section 415.3(b)(2), as reviewed and approved by the Mayor's Office of Housing and Community Development and consistent with the parameters of its Small Sites Acquisition and Rehabilitation Program, in conformance with the income limits for the Small Sites Program.

(3) During the limited period of time in which the provisions of Section 415.3(b) apply, the following provisions shall apply:

(A) For any housing development that is located in an area with a specific affordable housing requirement set forth in an Area Plan or a Special Use District, or in any other section of the Code such as Section 419, with the exception of the

UMU Zoning District or in the South of Market Youth and Family Zoning District, the higher of the affordable housing requirement set forth in such Area Plan or Special Use District or in Section 415.3(b) shall apply;

(B) Development projects that are within the Central SoMa Special Use District; that are designated as Central SoMa Development Tier A, B, or C, as defined in Section 423.2; and that submitted a complete Environmental Evaluation application prior to January 12, 2016 shall be subject to the affordable housing requirements set forth in Sections 415.5, 415.6, and 415.7 that apply to projects that submitted a complete Environmental Evaluation Application on or after January 13, 2016 and before December 31, 2017; and

(C) Any affordable housing impact fee paid pursuant to an Area Plan or Special Use District shall be counted as part of the calculation of the inclusionary housing requirements contained in Planning Code Sections 415.1 et seq . In the Divisadero Street NCT, the provisions of Section 415.3(b) shall not apply to certain sites, as set forth in the Divisadero Street NCT Affordable Housing Fee And Requirements, Planning Code Sections 428.1 et seq.

(4) Any development project that constructs on-site or off-site affordable housing units as set forth in subsection (b) of this Section 415.3 shall diligently pursue completion of such units.

(A) In the event the project has not been approved, which shall mean approval following any administrative appeal to the relevant City board, on or before December 7, 2018, the development project shall comply with the inclusionary affordable housing requirements set forth in Sections 415.5, 415.6, and 415.7, as applicable. Such deadline shall be extended in the event of any litigation seeking to invalidate the City’s approval of such project, for the duration of the litigation.

(B) In the event the project has been approved on or before December 7, 2018, but the project sponsor does not procure a building permit or site permit for construction of the affordable housing units within 18 months of the project’s approval, or by December 7, 2018, whichever is later, the development project shall comply with the inclusionary affordable housing requirements set forth in Section 415.5, 415.6, and 415.7 as applicable. Such deadline shall be extended in the event of any litigation seeking to invalidate the City’s approval of such project, for the duration of the litigation. For purposes of this subsection (B), the date of approval shall be the date of any administrative appeal to the relevant City board.

(c) The new inclusionary affordable housing requirements contained in Sections 415.5, 415.6, and 415.7, as well as the provisions contained in Section 415.3(b), shall not apply to (1) any mixed use project that is located in a special use district for which a height limit increase has been approved by the voters prior to January 12, 2016 to satisfy the requirements of Administrative Code Section 61.5.1, or (2) any mixed use project that has entered into a development agreement or other similar binding agreement with the City on or before January 12, 2016, or (3) any housing development project that has procured a final first discretionary development entitlement approval, which shall mean approval following any administrative appeal to the relevant City board, on or before January 12, 2016. The inclusionary housing requirements for these projects shall be those requirements contained in the projects' existing approvals.

or before January 12, 2016, or (3) any housing development project that has procured a final first discretionary development entitlement approval, which shall mean approval following any administrative appeal to the relevant City board, on or before January 12, 2016. The inclusionary housing requirements for these projects shall be those requirements contained in the projects' existing approvals.

(d) Notwithstanding the provisions set forth in Section 415.3(b), or the inclusionary affordable housing requirements contained in Sections 415.5, 415.6, and 415.7, such requirements shall not apply to any project, consisting of 25 dwelling units or more, that has not submitted a complete Environmental Evaluation Application on or before January 12, 2016, if the project is located within the Eastern Neighborhoods Mission Planning Area, the North of Market Residential Special Use District Subarea 1 or Subarea 2, or the SOMA Neighborhood Commercial Transit District, because inclusionary affordable housing levels for those areas will be addressed in forthcoming area plan processes or an equivalent community planning process. Until such planning processes are complete and new inclusionary housing requirements for projects in those areas are adopted, projects consisting of 25 units or more shall (1) pay a fee or provide off-site housing in an amount equivalent to 30% if the Principal Project is a Rental Housing Project, or 33% if the Proposed Project is an Ownership Housing Project, or (2) provide Affordable Units in the amount of 25% of the number of units constructed on-site in a Rental Housing Project, or 27% of the number of units constructed on-site in an Ownership Housing Project. For Rental Housing Projects, 15% of the on-site Affordable Units shall be affordable to low-income households, 5% shall be affordable to moderate-income households and 5% shall be affordable to middle-income households. For Ownership

Housing Projects, 15% of the on-site Affordable Units shall be affordable to low-income households, 6% shall be affordable to moderate-income households and 6% shall be affordable to middle-income households.

(e) The City may continue to enter into development agreements or other similar binding agreements for projects that provide inclusionary affordable housing at levels that may be different from the levels set forth in Sections 415.1 et seq . (f)3 Section 415.1 et seq. , the Inclusionary Housing Program, shall not apply to:

(1) That portion of a housing project located on property owned by the United States or any of its agencies or leased by the United States or any of its agencies, for a period in excess of 50 years, with the exception of such property not used exclusively for a governmental purpose;

(2) That portion of a housing project located on property owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental or educational purpose; or

(3) That portion of a housing project located on property under the jurisdiction of the San Francisco Office of Community Investment and Infrastructure or the Port of San Francisco where the application of Section 415.1 et seq. is prohibited by California or local law.

(4) A 100% affordable housing project in which rents are controlled or regulated by any government unit, agency or authority, excepting those unsubsidized and/or unassisted units which are insured by the United States Department of Housing and Urban Development. The Mayor's Office of Housing and Community Development must represent to the Planning Commission or Planning Department that the project meets this requirement.

(A) Restrictions. If a project sponsor takes advantage of this Subsection, all of the rules and regulations of the programs or recorded documents guaranteeing the affordability of the units shall govern the units and the requirements of this Program shall not apply.

(B) Conditions. In order to qualify for this provision, the project sponsor must record an NSR against the property that provides that, in the event of foreclosure or for any other reason, the project no longer qualifies as a project meeting the requirements of Subsection (4) the project will either:

(i) pay the Affordable Housing Fee plus interest from the date the project received its first construction document for the project if no affordable units were ever provided or, if affordable units were provided and occupied, then the Affordable Housing Fee with no interest is due on the date the units were no longer occupied by qualifying households; or

(ii) provide the required number of on-site affordable units required at time of original project approval and that those units shall be subject to all of the requirements of this Program.

(C) In the event that there is a foreclosure or other event triggering the requirements of Subsection (B) above, the project sponsor shall record a new NSR specifying the manner in which it complies with this Program, including but not limited to any specific units restricted as affordable under (B)(ii). The new NSR shall provide that the units must comply with all of the requirements of this Program.

(5) A Student Housing project that meets all of the following criteria:

(A) The building or space conversion does not result in loss or conversion of existing housing, including but not limited to rental housing and dwelling units;

(B) An institutional master plan (IMP) pursuant to Section 304.5 is on file with the Planning Department prior to

the issuance of any building permit or alteration permit in connection with the creation of the Student Housing project, and, in addition to the requirements of Section 304.5, such IMP shall describe:

• (i) to the extent such information is available, the type and location of housing used by its students;

• (ii) any plans for the provision of Student Housing;

• (iii) the Educational Institution's need for student housing to support its program; and

(iv) the percentage of its students, on an average annual basis, that receive some form of need-based assistance.

• (C) MOHCD is authorized to monitor the Student Housing program described in this subsection (f)(5)3 and shall

develop a monitoring form. An annual monitoring fee of $792 per building exempted from the Inclusionary Housing Program pursuant to this Section 415.3(f)(5)3 shall be paid to MOHCD by the owner of the real property or the PostSecondary Educational Institution or Religious Institutions, as defined in Section 102 of this Code. Beginning with the

setting of fees for fiscal year 2018-2019, the Controller shall annually adjust the base monitoring fee amount referenced in this subsection (f)(5)(C)3 without further action by the Board of Supervisors, to reflect changes in the two-year average Consumer Price Index (CPI) change for the San Francisco/San Jose Primary Metropolitan Area (PMSA). This process shall occur as follows:

(i) No later than April 15 of each year, MOHCD shall submit the current monitoring fee to the Controller, who shall apply the CPI adjustment to produce a new monitoring fee for the fiscal year beginning July 1. No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new monitoring fee and certifying that the fees to be collected will produce sufficient revenue to support the costs of providing the services for which the fee is charged and will not produce revenue that exceeds the costs of providing the services for which the fee is paid.

(ii) No later than July 1 of each year, MOHCD will publish on its website the current monitoring fee amount inclusive of the annual adjustment, and also make the fee amount available upon request at MOHCD’s main office.

(D) The owner of the real property and each Post-Secondary Educational Institution or Institutions shall agree to submit annual documentation to MOHCD and the Planning Department, along with the annual monitoring fee, on or before December 31 of each year, which addresses the following:

(i) Evidence that the Post- Secondary Educational Institution continues to own or otherwise control the Student Housing project under a master lease or other contractual agreement with at least a two-year term, including a certificate from the owner of the real property and the Post-Secondary Educational Institution attaching a true and complete copy of the master lease or other contractual agreement (financial information may be redacted to the extent permitted by law) and certifying that the lease or contract has not otherwise been amended or terminated; and

(ii) Evidence, on an average annualized basis, of the percentage of students in good standing enrolled at least half-time or more in the Post-Secondary Educational Institution or Institutions who are occupying the beds or accessory living space in the Student Housing project; and

(iii) The owner of the real property records a Notice of Special Restrictions (NSR) against fee title to the real property on which the Student Housing is located that states the following:

a. The Post-Secondary Educational Institution, or the owner of the real property on its behalf, must file a statement with the Department if it intends to terminate the Student Housing project at least 60 days before it terminates such use (“statement of termination”);

b. The Student Housing project becomes subject to the Inclusionary Housing Ordinance requirements applicable to Housing Projects other than Qualified Housing Projects if (1) a Post-Secondary Educational Institution files a statement of termination with the Department and another Post-Secondary Educational Institution or Institutions have not been substituted or obligated to meet the requirements of this subsection (f)(5)3 ; or (2) the owner of the real property or the Post-Secondary Educational Institution fails to file a statement of termination and fails to meet the requirements for a Student Housing project, then within not more than one year of a Notice Of Violation issued by the Planning Department;

c. If units in a Student Housing project become subject to the Inclusionary Housing Ordinance then the owner of those units shall (1) pay the Affordable Housing Fee plus interest from the date the project received its first construction document for the project if there is no evidence the project ever qualified as Student Housing or, if Student Housing was provided and occupied, then the Affordable Housing Fee with no interest is due on the date the units were no longer occupied by qualifying households and interest would accrue from that date if the fee is not paid; or (2) provide the required number of on-site affordable units required at time of original project approval and that those units shall be subject to all of the requirements of this Program. In this event, the owner of the real property shall record a new NSR providing that the designated units must comply with all of the requirements of this Program.

d. The Post-Secondary Educational Institution is required to report annually as required in subsection (f)(5)(D)3 above;

e. The City may commence legal action against the owner and/or Post- Secondary Educational Institution to enforce the NSR and the terms of Article 4 of the Planning Code and Planning Code Section 415 et seq. if it determines that the project no longer meets the requirements for a Student Housing project; and

f. The Student Housing project may be inspected by any duly authorized City employee to determine its status as a Student Housing project and its com-pliance with the requirements of this Code at any time upon at least 24 hours’ prior notice to the owner of the real property or to the master lessee.

(Added as Sec. 315.3 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 321-10, File No. 101095, App. 12/21/2010; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 219-12 , File No. 120464, App. 10/23/2012, Eff. 11/22/2012, Oper. 1/15/2013; Ord. 6213 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; 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. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; Ord. 245-16, File No. 160510, App. 12/16/2016, Eff. 1/15/2017; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 167-17, File No. 170093, App. 7/27/2017, Eff. 8/26/2017; Ord. 208-17, File No. 170834, App. 11/3/2017, Eff. 12/3/2017; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 290-18, File No. 180911, App. 12/7/2018, Eff. 1/7/2019; Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

[Former] division (c)(5) amended; Ord. 188-12 , Eff. 10/11/2012. Division (a) and [former] Table 415.3 amended; Ord. 219-12 , Oper. 1/15/2013. Division (a) and [former] Table 415.3 amended; former divisions (c)(4) through (c)(4)(A)(i) deleted; former divisions (c)(4)(A)(ii) and (c)(4)(B) through (c)(4)(D) redesignated as [now former] (c)(4) and (c)(4)(A) through (c)(4)(C); [former] division (e) added; Ord. 62-13 , Eff. 5/10/2013. Divisions (a)(3) and [former] (c)(5)(C) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended in its entirety and former Table 415.3 deleted; new divisions (c) and (d) added; former division (c) redesignated as (f)1 ; current divisions (f)(3) and (f)(4) amended; former divisions (d) and (e) deleted; Ord. 76-16 , Eff. 6/12/2016. Division (f)(5)(B)

(iv) amended; division (f)(5)(C) amended in full; unlettered paragraphs designated as (f)(5)(C)(iii)a. through f.; Ord. 24516, Eff. 1/15/2017.[2] Divisions (b), (b)(1)(E), (b)(1)(F), (b)(2)(E), and (b)(2)(F) amended; new division (d) added; former division (d) redesignated as (e); divisions (f)(5)(C) and (f)(5)(C)(iii)d. amended; Ord. 158-17 , Eff. 8/26/2017. Divisions

(f)[3] and (f)(5)(B)(ii) amended; former divisions (f)(5)(C)-(f)(5)(C)(iii)f. redesignated3 as (f)(5)(C) and (f)(5)(D)- (f)(5)(D) (iii)f. and amended; new divisions (f)(5)(C)(i) and (ii) added3 ; Ord. 167-17 , Eff. 8/26/2017. Divisions (b)(1), (b)(2), (b) (2)(F), and (d) amended; Ord. 208-17 , Eff. 12/3/2017. Divisions (b)(2), (b)(2)(F), and (b)(2)(G) amended; Ord. 26-18 , Eff. 3/26/2018. Division (f)(5)(D)(iii)f. amended; Ord. 202-18 , Eff. 9/10/2018. Division (b)(4) redesignated as (b)(4) and (b)(4)(A) and amended; division (b)(4)(B) added; Ord. 290-18 , Eff. 1/7/2019. Division (b)(3) amended; Ord. 295-18 , Eff. 1/7/2019. Division (b)(3) amended; Ord. 295-18, Eff. 1/7/2019. Division (b) amended; division (b)(3) amended and redesignated as divisions (b)(3), (b)(3)(A), and (b)(3)(C); division (b)(3)(B) added; Ord. 296-18 , Eff. 1/12/2019. Divisions (b)(2)(F), (d), and (f)(5)(C) amended; Ord. 210-21 , Eff. 12/20/2021. CODIFICATION NOTES

1. So in Ord. 76-16. After the amendments of that ordinance, this section did not include a division designated (e).

2. Ord. 245-16, in amending portions of division (f), erroneously refers to it as division (c). The amendments have been made to division (f) as intended.

3. Division (f) was redesignated as division (e) by Ord. 167-17, but Ord. 158-17 had already established a different division (e). Thus, this division has been editorially designated as division (f).

SEC. 415.4. IMPOSITION OF REQUIREMENTS.

(a) Determination of Requirements. The Department shall determine the applicability of Section 415.1 et seq. to any development project requiring a first construction document and, if Section 415.1 is applicable, shall impose any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Notice to Development Fee Collection Unit of Requirements. After the Department has made its final

determination regarding the application of the affordable housing requirements to a development project pursuant to Section 415.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI in addition to the other information required by Section 402(b) of this Article.

(c) Payment of Affordable Housing Fee or Project Sponsor’s Selection of Alternative. Prior to issuance of first construction document for a development project subject to the requirements of Section 415.1 et seq. , the sponsor of the development project shall pay the Affordable Housing Fee set forth in Section 415.5 or shall select one of the options listed in Section 415.5(f).

(d) Department Notice to Development Fee Collection Unit of Sponsor's Choice. After the sponsor has filled out a Declaration of Intent and, if necessary, an Affidavit of Eligibility for an Alternative to the Affordable Housing Fee indicating how it will fulfill the affordable housing requirements of Section 415.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

Fee Collection Unit of Sponsor's Choice.** After the sponsor has filled out a Declaration of Intent and, if necessary, an Affidavit of Eligibility for an Alternative to the Affordable Housing Fee indicating how it will fulfill the affordable housing requirements of Section 415.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

(e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first Certificate of Occupancy for any development project subject to Section 415.1 et seq. that has elected to fulfill all or part of its requirement with an option other than payment of the Affordable Housing Fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny and all Certificates of Occupancy until the subject project is brought into compliance with the requirements of Section 415.1 et seq .

(f) Process for Revisions of Determination of Program Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 415.1 et seq. and such action is

subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(g) The Planning Department shall note the existence of any units provided under Section 415.6 in a Housing Development Project on a publicly-accessible website.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Division (c) amended; Ord. 26-18, Eff. 3/26/2018. Division (g) added; Ord. 3-26, Eff. 2/8/2026.

SEC. 415.5. AFFORDABLE HOUSING FEE.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

The fees set forth in this Section 415.5 will be reviewed when the City completes an Economic Feasibility Study. Except as provided in Section 415.5(g), all development projects subject to this Program shall be required to pay an Affordable Housing Fee subject to the following requirements:

(a) Timing of Fee Payments. The fee shall be paid to DBI for deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d).

(b) Amount of Fee. The amount of the fee that may be paid by the project sponsor subject to this Program shall be determined by MOHCD utilizing the following factors:

(1) The number of units equivalent to the applicable off-site percentage of the number of units in the Principal Project.

(A) For housing development projects consisting of 10 units or more, but less than 25 units, the applicable percentage shall be 20%.

(B) For development projects consisting of 25 units or more, the applicable percentage shall be 33% if such units are Owned Units.

(C) For development projects consisting of 25 units or more, the applicable percentage shall be 30% if the development project is a Rental Housing Project. In the event a Rental Housing Project becomes an Ownership Housing Project, the Project Sponsor shall either (A) reimburse the City the proportional amount of the Inclusionary Affordable Housing Fee, which would be equivalent to the current Inclusionary Affordable Housing Fee requirement for Ownership Housing Projects, or (B) provide additional on-site or off-site Affordable Units equivalent to the current inclusionary requirements for Ownership Housing Units, apportioned among the required number of units at various income levels in compliance with the requirements in effect at the time of conversion. Any additional Affordable Units provided on-site or off-site shall comply with Section 415 and the Procedures Manual.

provide additional on-site or off-site Affordable Units equivalent to the current inclusionary requirements for Ownership Housing Units, apportioned among the required number of units at various income levels in compliance with the requirements in effect at the time of conversion. Any additional Affordable Units provided on-site or off-site shall comply with Section 415 and the Procedures Manual.

(2) The affordability gap, using data on MOHCD’s cost of construction of affordable residential housing. No later than January 31, 2018, the Controller, with the support of consultants as necessary, and in consultation with the Inclusionary Housing Technical Advisory Committee (TAC) established in Planning Code Section 415.10, shall conduct a study to develop an appropriate methodology for calculating, indexing, and applying the appropriate amount of the Inclusionary Affordable Housing Fee. To support the Controller’s study, and annually thereafter, MOHCD shall provide the following documentation: (1) schedules of sources and uses of funds and independent auditor’s reports (“Cost Certifications”) for all MOHCD-funded developments completed within three years of the date of reporting to the Controller; and, (2) for any MOHCD-funded development that commenced construction within three years of the reporting date to the Controller but for which no Cost Certification is yet complete, the sources and uses of funds approved by MOHCD and the construction lender as of the date of the development’s construction loan closing. Cost Certifications completed in years prior to the year of reporting to the Controller may be increased or decreased by the applicable annual Construction Cost Index percentage(s) for residential construction for San Francisco reported in the Engineering News Record. MOHCD, together with the Controller and TAC, shall evaluate the cost-to-construct data, including actual and appraised land costs, state and/or federal public subsidies available to MOHCD-funded projects, and determine MOHCD’s average costs. Following completion of this study, the Board of Supervisors, in its sole and absolute discretion, and within the legal allowances of the Residential Nexus Analysis, will review the analyses, methodology, fee application, and the proposed fee schedule; and may consider adopting legislation to revise the Inclusionary Affordable Housing fees. The method of calculating, indexing, and applying the fee shall be published in the Procedures Manual. The Department and MOHCD shall update the fee methodology and technical report every three years, with analysis from the Technical Advisory Committee, in order to ensure that the affordability gap remains current, consistent with the requirements set forth below in Section 415.5(b)(3) and Section 415.10.

d of calculating, indexing, and applying the fee shall be published in the Procedures Manual. The Department and MOHCD shall update the fee methodology and technical report every three years, with analysis from the Technical Advisory Committee, in order to ensure that the affordability gap remains current, consistent with the requirements set forth below in Section 415.5(b)(3) and Section 415.10.

(3) Annual Fee Update. For all housing developments, no later than January 1 of each year, MOHCD shall adjust the fee based on the cost of constructing affordable housing, including development and land acquisition costs. MOHCD shall provide the Planning Department, DBI, and the Controller with current information on the adjustment to the fee so that it can be included in the Planning Department’s and DBI’s website notice of the fee adjustments and the Controller’s Citywide Development Fee and Development Impact Requirements Report described in Section 409(a). The method of indexing shall be published in the Procedures Manual.

(4) Specific Geographic Areas. For any housing development that is located in an area with a specific affordable housing requirement set forth in a Special Use District, or in any other section of the Code such as Section 419, the higher affordable housing requirement shall apply.

(5) The applicable amount of the inclusionary housing fee shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application. In the event the project sponsor does not procure a building permit or site permit for construction of the principal project within 30 months of the project’s approval, the development project shall comply with the inclusionary affordable housing requirements applicable thereafter at the time when the project sponsor does proceed with pursuing a building permit. Such time period shall be extended in the event of any litigation seeking to invalidate the City’s approval of such project, for the duration of the litigation.

(6) The fee shall be imposed on any additional units or square footage authorized and developed under California Government Code Sections 65915 et seq.

(7) If the principal project has resulted in demolition of affordable housing units that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very lowincome, or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power and determined to be affordable housing, the project sponsor shall comply with Section 317.2.

(c) Notice to Development Fee Collection Unit of Amount Owed. Prior to issuance of the first construction document for a development project subject to Section 415.5, the Planning Department shall notify the Development Fee Collection Unit at DBI electronically or in writing of its calculation of the amount of the fee owed.

(d) Lien Proceedings. If, for any reason, the Affordable Housing Fee imposed pursuant to Section 415.5 remains unpaid following issuance of the first Certificate of Occupancy, the Development Fee Collection Unit at DBI shall institute lien proceedings to make the entire unpaid balance of the fee, plus interest and any deferral surcharge, a lien against all parcels used for the development project in accordance with Section 408 of this Article and Section 107A.13.15 of the San Francisco Building Code.

(e) If a housing project is located in an Area Plan with an additional or specific affordable housing requirements such as those set forth in a special use district or Sections 416, 417, and 419 or elsewhere in this code, the higher housing requirement shall apply.

(f) Use of Fees. All monies contributed pursuant to the Inclusionary Affordable Housing Program shall be deposited in the Citywide Affordable Housing Fund (“Fund”), established in Administrative Code Section 10.100-49, except as specified below. MOHCD shall use the funds collected under this Section 415.5 in the following manner:

(1) Except as provided in subsection (2) below, the funds collected under this Section shall be used to:

(A) increase the supply of housing Affordable to Qualifying Households subject to the conditions of this Section; and

(B) provide assistance to low- and moderate-income homebuyers; and

(C) pay the expenses of MOHCD in connection with monitoring and administering compliance with the requirements of the Program. MOHCD is authorized to use funds in an amount not to exceed $200,000 every 5 years to conduct follow-up studies under Section 415.9(e) and to update the affordable housing fee amounts as described above in Section 415.5(b). All other monitoring and administrative expenses shall be appropriated through the annual budget process or supplemental appropriation for MOHCD.

(D) Funds from this fee collected from projects within the Central SoMa Special Use District shall be accounted for separately and expended only within the area bounded by Market Street, the Embarcadero, King Street, Division Street,

and South Van Ness Avenue.

(2) "Small Sites Funds."

(A) Designation of Funds. MOHCD shall designate and separately account for 10% of all fees that it receives under Section 415.1 et seq. that are deposited into the Fund, excluding fees that are geographically targeted such as those referred to in Sections 249.78(e)(1), 415.5(b)(1), and 827(b)(1), to support acquisition and rehabilitation of Small Sites (“Small Sites Funds”). When the total amount of fees paid to the City under Section 415.1 et seq. totals is1 less than $10 million over the preceding 12-month period, MOHCD is authorized to temporarily divert funds from the Small Sites Funds for other purposes. MOHCD shall keep track of the diverted funds, however, such that when the amount of fees paid to the City under Section 415.1 et seq. meets or exceeds $10 million over the preceding 12-month period, MOHCD shall commit all of the previously diverted funds and 10% of any new funds to the Small Sites Funds.

CD is authorized to temporarily divert funds from the Small Sites Funds for other purposes. MOHCD shall keep track of the diverted funds, however, such that when the amount of fees paid to the City under Section 415.1 et seq. meets or exceeds $10 million over the preceding 12-month period, MOHCD shall commit all of the previously diverted funds and 10% of any new funds to the Small Sites Funds.

(B) Use of Small Sites Funds. The funds shall be used exclusively to acquire or rehabilitate “Small Sites” defined as properties consisting of 2-25 units. Units supported by monies from the fund shall be designated as housing affordable to qualified households for the life of the project. Properties supported by the Small Sites Funds must be:

(i) rental properties that will be maintained as rental properties;

(ii) vacant properties that were formerly rental properties as long as those properties have been vacant for a minimum of two years prior to the effective date of this legislation;

(iii) properties that have been the subject of foreclosure; or

(iv) a Limited Equity Housing Cooperative as defined in Subdivision Code Sections 1399.1 et seq. or a property owned or leased by a non-profit entity modeled as a Community Land Trust.

(C) Initial Funds. If, within 18 months from April 23, 2009, MOHCD dedicates an initial one-time contribution of other eligible funds to be used initially as Small Sites Funds, MOHCD may use the equivalent amount of Small Sites Funds received from fees for other purposes permitted by the Citywide Affordable Housing Fund until the amount of the initial one-time contribution is reached.

(D) Annual Report. At the end of each fiscal year, MOHCD shall issue a report to the Board of Supervisors regarding the amount of Small Sites Funds received from fees under this legislation, and a report of how those funds were used.

(E) Intent. In establishing guidelines for Small Sites Funds, the Board of Supervisors does not intend to preclude MOHCD from expending other eligible sources of funding on Small Sites as described in this Section 415.5.

(3) For all projects funded by the Citywide Affordable Housing Fund, MOHCD requires the project sponsor or its successor in interest to give preference as provided in Administrative Code Chapter 47.

(4) Pursuant to Section 249.78(e)(1), all monies contributed pursuant to the Inclusionary Affordable Housing Program and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. Such funds shall be expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(g) Alternatives to Payment of Affordable Housing Fee.

(1) Eligibility: A project sponsor must pay the Affordable Housing Fee unless it chooses to meet the requirements of the Program though an Alternative provided in this subsection (g). The project sponsor may choose one of the following Alternatives:

(A) Alternative #1: On-Site Units. Project sponsors may elect to construct units Affordable to Qualifying Households on-site of the Principal Project pursuant to the requirements of Section 415.6.

(B) Alternative #2: Off-Site Units. Project sponsors may elect to construct units Affordable to Qualifying Households at an alternative site within the City and County of San Francisco pursuant to the requirements of Section 415.7.

(C) Alternative #3: Small Sites. Qualifying project sponsors may elect to fund buildings as set forth in Section 415.7-1.

(D) Alternative #4: Combination. Project sponsors may elect any combination of payment of the Affordable Housing Fee as provided in Section 415.5, construction of on-site units as provided in Section 415.6, or construction of off-site units as provided in Section 415.7, provided that the project applicant constructs or pays the fee at the appropriate percentage or fee level required for that option. Development Projects that are providing on-site units under Section 415.6 and that qualify for and receive additional density under California Government Code Sections 65915 et seq. shall use Alternative #4 to pay the Affordable Housing Fee on any additional units or square footage authorized under Section 65915.

(2) A project sponsor who elects to satisfy Section 415.1 et seq 2 through one of the alternatives described in Section 415.5(g)(1), must provide written notice of their election 30 days prior to project approval by the Planning Commission or Department, as applicable. The Planning Commission or the Department may not require a project sponsor to select a specific Alternative. The Alternative will be a condition of project approval and recorded against the property in a Notice of Special Restrictions.

(3) Modification of Elected Alternative. Except as specified below, after project approval, any proposed change in the alternative elected by a project sponsor under Section 415.5(g)(1), or any proposed change from an Ownership Project to a Rental Project, or from a Rental Project to an Ownership Project, shall require public notice for a hearing and approval from the Planning Commission to amend the conditions of approval. Public notice shall be as required by the original entitlement.

(4) Notwithstanding subsection (g)(3), if such modification is requested prior to issuance of a first construction document, the Zoning Administrator or the Zoning Administrator’s designee may modify conditions of approval to allow a project that had elected to pay the Affordable Housing Fee to change from an Ownership Project to a Rental Project or a Rental Project to an Ownership Project, or to allow a project that had elected to pay the Affordable Housing Fee to provide on-site units under Section 415.6.

(5) If a project sponsor requests a modification to its conditions of approval for the sole purpose of complying with this Section 415.5(g)(3), the Planning Commission shall be limited to considering issues related to Section 415 et seq. in considering the request for modification. The Planning Commission shall approve such modification if it finds all of the following:

(A) The project sponsor complied with the applicable requirements for modification set forth in the Procedures Manual including protections for current occupants, if any, of Rental Units or Owned Units;

(B) The modification will not result in a delay in marketing any On-Site Units at the same time as the market-rate housing in the project;

(C) If a Rental Housing Project was granted a density bonus pursuant to Section 206, the change from a Rental Housing Project to an Ownership Housing Project provides On-Site Units in an amount such that the Ownership Housing Project qualifies for the same density bonus, waivers, and/or incentives and concessions that were granted to the Rental Housing Project;

(D) If a Rental Housing Project is converting to an Ownership Housing Project, the amount of Affordable Housing Fee or number of On-Site Units complies with Section 415.6(a)(7);

(E) For projects that chose to provide On-site or Off-site units and seek a modification of the conditions of approval to pay the Affordable Housing Fee prior to the issuance of the first construction permit, the project sponsor shall pay the Affordable Housing Fee equivalent to the loss of On-site or Off-site Affordable Housing units that were approved in the original conditions of approval; and

(F) For projects that chose to provide On-site or Off-site units and seek a modification of the conditions of approval to pay the Affordable Housing Fee after the issuance of the first construction document, the project sponsor or its successor shall pay the Affordable Housing Fee equivalent to the loss of On-site or Off-site Affordable Housing units that were approved in the original conditions of approval, plus interest and any applicable penalties provided for under this Code.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 277-13, File No. 130968, App. 12/18/2013, Eff. 1/17/2014; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 143-15 , File No. 150568, App. 8/6/2015, Eff. 9/5/2015; Ord. 204-15 , File No. 150622, App. 12/3/2015, Eff. 1/2/2016; Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; Ord. 7-17, File No. 161157, App. 1/20/2017, Eff. 2/19/2017; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-19, File No. 181154, App. 4/19/2019, Eff. 5/20/2019; Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

. 1/12/2019; Ord. 70-19, File No. 181154, App. 4/19/2019, Eff. 5/20/2019; Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Division (b)(1) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b)(1), (b)(2), (b)(3), (e), (g)(2)(i), and (g)(2)(ii) amended; former division (g)(2)(iii) deleted; division (g)(3) amended; Ord. 62-13 , Eff. 5/10/2013. Division (b)(3) amended; Ord. 263-13, Eff. 12/27/2013. Division (f) amended and references to "MOHCD" corrected throughout; former divisions (f)(1)(a)-(c) redesignated as (f)(1)(A)-(C); division (f)(3) added; Ord. 277-13, Eff. 1/17/2014. Division (a) amended; Ord. 50-15 , Eff. 5/24/2015. Divisions (f), (f)(1), and (f)(2)(A) amended; Ord. 143-15 , Eff. 9/5/2015. Divisions (f)(2)(C) and (f)(3) amended; Ord. 204-15 , Eff. 1/2/2016. Undesignated introductory paragraph and divisions (a) and (b) (1)-(3) amended; new division (b)(4) added; divisions (f)(2)(B) and (f)(2)(E) amended; Ord. 76-16 , Eff. 6/12/2016. Divisions (f), (f)(2)(A), (f)(2)(E), and (g)(1) amended; new division (g)(1)(C) added; former division (g)(1)(C) redesignated as (g)(1)(D); Ord. 7-17, Eff. 2/19/2017. Divisions (b)-(b)(4) amended; divisions (b)(1)(A)-(C) designated; divisions (b)(5)- (7) added; divisions (c), (e), (f)(1)(B), (f)(2)(A), (f)(2)(B), (g)(1)(D), (g)(2), (g)(2)(ii), (g)(3), and (g)(4) amended; Ord. 158-17, Eff. 8/26/2017. Division (g)(1) amended; former division (g)(2) deleted; former divisions (g)(3)(4) redesignated as (g)(2)- (3) and amended; Ord. 26-18, Eff. 3/26/2018. Divisions (f) and (f)(2)(A) amended; division (f) (4) added; Ord. 296-18, Eff. 1/12/2019. Divisions (b)(6) and (g)(1)(D) amended; Ord. 70-19, Eff. 5/20/2019. Divisions (f), (f)(2)(A), and (f)(2)(E) amended; Ord. 251-19, Eff. 12/16/2019. Division (a) amended; Ord. 63-20, Eff. 5/25/2020. Division (f)(1)(D) added; Ord. 47-21, Eff. 5/17/2021. Divisions (b)(1)-(b)(1)(C), (f)(1)(A), (g)(1)(A)-(B), (g)(2) amended; former division (g)(3) deleted; divisions (g)(3)- (g)(5)(F) added; Ord. 210-21, Eff. 12/20/2021. Division (b)(7) amended; Ord. 3-26, Eff. 2/8/2026.

CODIFICATION NOTES

1. So in Ord. 251-19.

2. So in Ord. 210-21.

SEC. 415.6. ON-SITE AFFORDABLE HOUSING ALTERNATIVE.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

If a project sponsor elects to provide on-site units pursuant to Section 415.5(g), the development project shall meet the following requirements:

(a) Number of Units. The number of units constructed on-site shall be as follows:

(1) For housing development projects consisting of 10 dwelling units or more, but less than 25 dwelling units, the number of affordable units constructed on-site shall generally be 12% of all units constructed on the project site. The affordable units shall all be affordable to low-income households. Owned Units shall be affordable to households earning up to 100% of Area Median Income, with an affordable sales price set at 80% of Area Median Income or less. Rental Units shall be affordable to households earning up to 65% of Area Median Income, with an affordable rent set at 55% of Area Median Income or less.

(2) For any Ownership Housing Project consisting of 25 or more units, the number of Affordable Units constructed on-site shall generally be 20% of all units constructed on the project site. A minimum of 10% of the units shall be affordable to low-income households, 5% of the units shall be affordable to moderate-income households, and 5% of the units shall be affordable to middle-income households. In no case shall the total number of Affordable Units required exceed the number required as determined by the application of the applicable on-site requirement rate to the total project units. Owned Units for low-income households shall have an affordable purchase price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for low-income units. Owned Units for moderate-income households shall have an affordable purchase price set at 105% of Area Median Income or less, with households earning from 95% to 120% of Area Median Income eligible to apply for moderate-income units. Owned Units for middle-income households shall have an affordable purchase price set at 130% of Area Median Income or less, with households earning from 120% to 150% of Area Median Income eligible to apply for middle-income units. For any Affordable Units with purchase prices set at 130% of Area Median Income, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than February 26, 2018. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each ownership category.

fordable Units with purchase prices set at 130% of Area Median Income, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than February 26, 2018. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each ownership category.

(3) For any Rental Housing Project consisting of 25 or more units, the number of Affordable Units constructed onsite shall generally be 18% of all units constructed on the project site, with a minimum of 10% of the units affordable to low-income households, 4% of the units affordable to moderate-income households, and 4% of the units affordable to middle-income households. In no case shall the total number of Affordable Units required exceed the number required as determined by the application of the applicable on-site requirement rate to the total project units. Rental Units for lowincome households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for low-income units. Rental Units for moderate-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning from 65% to 90% of Area Median Income eligible to apply for moderate-income units. Rental Units for middle-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 130% of Area Median Income eligible to apply for middle-income units. For any Affordable Units with rental rates set at 110% of Area Median Income, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than February 26, 2018. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each rental category.

(4) Notwithstanding the foregoing Area Median Income limits for Rental Units and Owned Units, the maximum affordable rents or sales price shall be no higher than 20% below market rents or sales prices for the neighborhood within which the project is located, which shall be defined in accordance with the American Community Survey Neighborhood Profile Boundaries Map. MOHCD shall adjust the allowable rents and sales prices, and the eligible households for such units, accordingly, and such potential readjustment shall be a condition of approval upon project entitlement. The City shall review the updated data on neighborhood rents and sales prices on an annual basis.

(5) Starting on January 1, 2018, and no later than January 1 of each year thereafter, MOHCD shall increase the percentage of units required on-site for projects consisting of 10 - 24 units, as set forth in Section 415.6(a)(1), by

increments of 0.5% each year, until such requirement is 15%. For all development projects with 25 or more units, the required on-site affordable ownership housing to satisfy this Section 415.6 shall increase by 1% annually for two consecutive years starting January 1, 2018. The increase shall be apportioned to units affordable to low-income households, as defined above in subsection 415.6(a)(3). Starting January 1, 2020, the increase to on-site housing developments with 25 or more units shall increase by 0.5% annually, with such increases allocated equally to moderate and middle income households, as defined above in subsection 415.6(a)(3). The total on-site inclusionary affordable housing requirement shall not exceed 26% for Ownership Housing Projects or 24% for Rental Housing Projects, and the increases shall cease at such time as these limits are reached. MOHCD shall provide the Planning Department, DBI, and the Controller with information on the adjustment to the on-site percentage so that it can be included in the Planning Department’s and DBI’s website notice of the fee adjustments and the Controller’s Citywide Development Fee and Development Impact Requirements Report described in Section 409(a).

(6) The Department shall require as a condition of Department approval of a project’s building permit, or as a condition of approval of a Conditional Use Authorization or Planned Unit Development or as a condition of Department approval of a live/work project, that 12%, 18%, or 20%, as applicable, or such percentage that has been adjusted annually by MOHCD, of all units constructed on the project site shall be Affordable to Qualifying Households so that a project sponsor must construct .12, .18, or .20 times, or such current number as adjusted annually by MOHCD, as applicable, the total number of units produced in the Principal Project. If the total number of units is not a whole number, the project sponsor shall round up to the nearest whole number for any portion of .5 or above. In no case shall the total number of Affordable Units required exceed the number required as determined by the application of the applicable on-site requirement rate to the total project units.

(7) A project seeking to convert from a Rental Housing Project to an Ownership Housing Project, or from an Ownership Housing Project to a Rental Housing Project, shall require public notice for a hearing and approval from the Planning Commission to amend the conditions of approval for the Principal Project.

(8) In the event that a Rental Housing Project converts to an Ownership Housing Project, the project sponsor shall either (A) reimburse the City the proportional amount of the inclusionary affordable housing fee, which would be equivalent to the then-current inclusionary affordable fee requirement for Ownership Housing Projects, or (B) provide additional on-site or off-site Affordable Units equivalent to the then-current inclusionary requirements for Ownership Housing Projects, apportioned among the required number of units at various income levels in compliance with the requirements in effect at the time of conversion.

equivalent to the then-current inclusionary affordable fee requirement for Ownership Housing Projects, or (B) provide additional on-site or off-site Affordable Units equivalent to the then-current inclusionary requirements for Ownership Housing Projects, apportioned among the required number of units at various income levels in compliance with the requirements in effect at the time of conversion.

(9) Notwithstanding subsection 415.6(a)(10) below, Affordable Units in Rental Housing Projects shall be Rental Units, and Affordable Units in Ownership Housing Projects shall be Owned Units. In the event an Ownership Housing Project converts to a Rental Housing Project, or more than 50% of the total units in the Principal Project operate as a Rental Housing Project, on-site Affordable Units shall be offered as Rental Units. Affordable Units may only be sold as Owned Units if more than 50% of the units in the building shall be sold to unaffiliated third-party homebuyers and are operated as an Ownership Housing Project.

(10) A development project consisting of multiple buildings may include both a Rental Housing Project and an Ownership Housing Project with written notice to the Department and MOHCD, at least 30 days prior to approval of the project by the Planning Commission or the Planning Department.

(11) Specific Geographic Areas. For any housing development that is located in an area with a specific affordable housing requirement set forth in a Special Use District or in any other section of the Code such as Section 419, the higher housing requirement shall apply. The Planning Department, in consultation with the Controller, shall undertake a study of areas greater than five acres in size, where an Area Plan, Special Use District, or other re-zoning is being considered for adoption or has been adopted after January 1, 2015, to determine whether a higher on-site inclusionary affordable housing requirement is feasible on sites that have received a 20% or greater increase in developable residential gross floor area or a 35% or greater increase in residential density over prior zoning, and shall submit such information to the Planning Commission and Board of Supervisors.

(12) If the Principal Project has resulted in demolition of affordable housing units that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very-lowincome, or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power and determined to be affordable housing, the project sponsor shall comply with Section 317.2.

ble housing units that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very-lowincome, or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power and determined to be affordable housing, the project sponsor shall comply with Section 317.2.

(13) The applicable amount of the percentage required for the on-site housing units shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application. Any development project that constructs on-site affordable housing units as set forth in this Section 415.6 shall diligently pursue completion of such units. In the event the project sponsor does not procure a building permit or site permit for construction of the Principal Project within 30 months of the project’s approval, the development project shall comply with the inclusionary affordable housing requirements applicable thereafter at the time when the project sponsor procures a building permit. Such deadline shall be extended in the event of any litigation seeking to invalidate the City’s approval of such project, for the duration of the litigation.

(b) Any On-site units provided through this Section 415.6 may be used to qualify for a density bonus under California Government Code Section 65915, any ordinance implementing Government Code Section 65915, or one of the Affordable Housing Bonus Programs contained in Planning Code Section 206 et seq . An applicant seeking a density bonus under State Law shall provide reasonable documentation to establish eligibility for a requested density bonus, incentive or concession, and waiver or reduction of development standards, as provided for under State Law and as consistent with the process and procedures detailed in a locally adopted ordinance implementing the State Law.

(c) Beginning in January 2018, the Planning Department shall prepare an annual report to the Planning Commission about the number of density bonus projects under California Government Code Section 65915, the number of density bonus units, and the types of concessions and incentives and waivers provided to each density bonus project.

(d) In the event the project sponsor is eligible for and elects to receive additional density under California Government Code Section 65915, the Sponsor shall pay the Affordable Housing Fee on any additional units or square footage authorized under that section in accordance with the provisions in Section 415.5(g)(1)(D).

(e) Timing of Construction. On-site affordable housing required by this Section 415.6 shall be constructed, completed, ready for occupancy, and marketed no later than the market rate units in the Principal Project. A project shall not receive its first certificate of occupancy until MOHCD has approved the marketing plan. (f) Type of Housing.

(1) Equivalency of Units. In general, Affordable Units constructed under this Section 415.6 shall be comparable in number of bedrooms, exterior appearance, and overall quality of construction to market rate units in the Principal Project. A Notice of Special Restrictions shall be recorded prior to issuance of the architectural addendum to the Site Permit for the project or building permit for the project, whichever is earlier and shall specify the number, location, and sizes for all Affordable Units required under this subsection (f). The Affordable Units shall be evenly distributed throughout the building. For buildings over 120 feet in height, as measured under the requirements set forth in the Planning Code, the Affordable Units may be distributed throughout the lower 2/3 of the building, as measured by the number of residential floors. The interior features in Affordable Units should be generally the same as those of the market rate units in the Principal Project, but need not be the same make, model or type of such item as long as they are of good and new quality and are consistent with then-current standards for new housing. Where applicable, parking shall be offered to the Affordable Units subject to the terms and conditions of the Department’s policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time.

(2) Minimum Size of Affordable Units. The Affordable Units are not required to be the same size as the market rate units. For buildings over 120 feet in height, as measured under the requirements set forth in the Planning Code, the average size of the unit type may be calculated for the lower 2/3 of the building, as measured by the number of residential floors. All units shall be no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017 as indicated in the table below, and no smaller than 300 square feet for studios.

The total residential floor area devoted to the affordable units shall not be less than the applicable percentage applied to the total residential floor area of the Principal Project, provided that a 10% variation in floor area is permitted.

(g) Marketing the Units. MOHCD shall be responsible for overseeing and monitoring the marketing of Affordable Units by the Project Sponsor under this Section 415.6. In general, the marketing requirements and procedures shall be contained in the Procedures Manual as amended from time to time and shall apply to the Affordable Units in the project. MOHCD may develop occupancy standards for units of different bedroom sizes in the Procedures Manual in order to promote an efficient allocation of Affordable Units. MOHCD may require in the Procedures Manual that prospective purchasers complete homebuyer education training or fulfill other requirements. MOHCD shall develop a list of minimum qualifications for marketing firms that market Affordable Units under Section 415.6 et seq. , referred to in the Procedures Manual as Below Market Rate (BMR units). Developers marketing Affordable Units under Section 415.6 shall market the Affordable Units through a marketing firm meeting all of the minimum qualifications. The Notice of Special Restrictions or conditions of approval shall specify that the marketing requirements and procedures contained in the Procedures Manual as amended from time to time, shall apply to the Affordable Units in the project.

(1) Notice of Special Restrictions. The Notice of Special Restrictions (“NSR”) required pursuant to this Section 415.6 shall be completed and recorded by the project sponsor no later than the issuance of the architectural addendum for the site permit and at least 12 months prior to the first certificate of occupancy.

(2) Pricing Determination. The project sponsor shall submit a request for a pricing determination from MOHCD at least 8 months prior to issuance of a first certificate of occupancy.

(3) Timeline for Construction. After the project has been approved by the Planning Commission or Department, the project sponsor must submit an update to the Department and MOHCD which includes an estimated timeline for the construction of the project. The estimated construction timeline must assume the requirements of subsections (g)(1) and (g)(2) above. Failure to finalize the NSR or initiate marketing within the time frames set forth in this Section 415.6(g), or to submit an estimated construction timeline will be deemed a violation of the Planning Code subject to enforcement and penalties.

(4) Lottery. At the initial offering of Affordable Units in a housing project and when Affordable Units become available for re-sale or re-rent in any housing project subject to this Program after the initial offering, MOHCD must require the use of a public lottery approved by MOHCD to select purchasers or tenants.

(5) Preferences. MOHCD shall create a lottery system that gives preference according to the provisions of Administrative Code Chapter 47. MOHCD shall propose policies and procedures for implementing these preferences to the Planning Commission for inclusion as an addendum to the Procedures Manual. Otherwise, it is the policy of the City to treat all households equally in allocating affordable units under this Program.

(h) Use of Subsidies.

(1) Generally Prohibited. Individual affordable units constructed under Section 415.6 as part of an on-site project shall not have received development subsidies from any Federal, State, or local program established for the purpose of providing affordable housing,.2 Units that have received such development subsidies shall not be counted to satisfy any affordable housing requirement.

(2) Exceptions:

(A) Notwithstanding subsection (h)(1), subsidies may be used to deepen the affordability of an affordable unit beyond the level of affordability required by this Program with the express written permission of MOHCD.

(B) CDLAC and TCAC2 Notwithstanding the provisions of subection2 415.6(h)(1) and (h)(2)(A) above, a project may use California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing, 4% tax credits under the Tax Credit Allocation Committee (TCAC), and tax credits allocated under the TCAC guidelines to help fund its obligations under Section 415.1 et seq. as long as the project provides at least one of the following: (i) 20% of the units as affordable to households at 50% of Area Median Income for on-site housing; (ii) 10% of the units as affordable to households at 50% of Area Median Income and 30% of the units as affordable to households at 60% of Area Median Income for on-site housing; or (iii) the same number of on-site affordable units as required by the applicable on-site affordable housing requirement in this Section 415 et seq. or any temporary reduction as set forth in Sections 415A et seq. or 415B et seq. , plus an additional number of on-site affordable units equal to 25% of the applicable on-site affordable units as affordable to households at or below 80% of Area Median Income..2 The income table to be used for such projects when the units are priced at 50%, 60%, or 80% of Area Median Income is the income table used by MOHCD for the Inclusionary Affordable Housing Program, not that used by TCAC or CDLAC. Except as provided in this subsection (h)(2)(B), all units provided under this Section must meet all of the requirements of Section 415.1 et seq. and the Procedures Manual for on-site housing.

(3) Reporting. MOHCD shall monitor state and federal funding for 100% affordable housing projects, awards made by TCAC and CDLAC to 100% affordable housing projects in San Francisco, and any changes to the regulations of TCAC and CDLAC. MOHCD shall provide to the Inclusionary Housing Technical Advisory Committee, established in Administrative Code Chapter 5 Article XXIX, a written report of projects approved under Section 415.6(h)(2)(B), 100% affordable housing projects applying for tax exempt bond financing under CDLAC and tax credits under TCAC, and challenges for 100% affordable housing projects to obtain an award from CDLAC and TCAC.

ll provide to the Inclusionary Housing Technical Advisory Committee, established in Administrative Code Chapter 5 Article XXIX, a written report of projects approved under Section 415.6(h)(2)(B), 100% affordable housing projects applying for tax exempt bond financing under CDLAC and tax credits under TCAC, and challenges for 100% affordable housing projects to obtain an award from CDLAC and TCAC.

(j)2 Benefits. If the project sponsor elects to satisfy the affordable housing requirements through the production of onsite affordable housing in this Section 415.6, the project sponsor shall be eligible to receive a refund for only that portion of the housing project which is affordable for the following fees: a Conditional Use authorization or other fee required by Section 352 of this Code, if applicable; an environmental review fee required by Administrative Code Section 31.22, if applicable; a building permit fee required by Section 355 of this Code for the portion of the housing project that is affordable. The project sponsor shall pay the building fee for the portion of the project that is market-rate. An application for a refund must be made within six months from the issuance of the first certificate of occupancy.

The Controller shall refund fees from any appropriated funds to the project sponsor on application by the project sponsor. The application must include a copy of the Certificate of Occupancy for all units affordable to a qualifying household required by the Inclusionary Housing Program. It is the policy of the Board of Supervisors to appropriate money for this purpose from the General Fund.

(Added as Sec. 315.6 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 63-09, File No. 081249, App. 4/23/2009; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 277-13, File No. 130968, App. 12/18/2013, Eff. 1/17/2014; 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. 204-15 , File No. 150622, App. 12/3/2015, Eff. 1/2/2016; Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 208-17, File No. 170834, App. 11/3/2017, Eff. 12/3/2017; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 70-19, File No. 181154, App. 4/19/2019, Eff. 5/20/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 19-25, File No. 240873, App. 3/4/2025, Eff. 4/4/2025; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Eff. 3/26/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 70-19, File No. 181154, App. 4/19/2019, Eff. 5/20/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 19-25, File No. 240873, App. 3/4/2025, Eff. 4/4/2025; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Division (a)(1) amended; former division (a)(1)(A) redesignated as new division (a)(2) and amended; former divisions (a) (1)(B) and (C) deleted; former division (a)(2) redesignated as (a)(3) and amended; [former] division (a)(4) added; divisions (c) and (e) amended; new division (f) added and former division (f) redesignated as (g); Ord. 62-13 , Eff. 5/10/2013. Divisions (d) and (d)(2) amended and references to "MOHCD" corrected throughout; Ord. 277-13, Eff. 1/17/2014. Division (c) amended; Ord. 164-15 , Eff. 10/23/2015. Division (g) amended; Ord. 188-15 , Eff. 12/4/2015. Division (d)(2) amended; Ord. 204-15 , Eff. 1/2/2016. Undesignated introductory paragraph and divisions (a)(1)-(3) amended; former division (a)(4) deleted; divisions (b) and (c) amended; Ord. 76-16 , Eff. 6/12/2016. Undesignated introductory paragraph amended; division (a)(1) redesignated as (a)(1) and (a)(6) and amended; former divisions (a)(2), (a)(3), and (b) redesignated as (a)(8), (a)(9), and (e) and amended; new divisions (a)(2)-(a)(5), (a)(7), (a)(10), and (b)-(d) added; former division (c) redesignated as (f) and (f)(1) and amended; new division (f)(2) added; former divisions (d)-(g) redesignated as (g)-(j) and amended; Ord. 158-17, Eff. 8/26/2017. Division (a)(8) amended; Ord. 208-17, Eff. 12/3/2017. Undesignated introductory paragraph and divisions (b), (f)(1), and (j) amended; Ord. 26-18, Eff. 3/26/2018. Division (a) (4) amended; Ord. 202-18, Eff. 9/10/2018. Division (d) amended; Ord. 70-19, Eff. 5/20/2019. Division (a)(4) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a)(2)-(3) and (a)(5)-(6) amended; new divisions (a)(7) and (a)(9)-(10) added; former divisions (a)(7)-(10) redesignated as (a)(8) and (a)(11)-(13) and amended; divisions (e), (f)-(f)(2), and (g) amended; new divisions (g)(1)-(3) added; former divisions (g)(1)-(2) redesignated as second (g)(2)-(3);1 Ord. 210-21 , Eff. 12/20/2021. Divisions (g)-(g)(3) and second (g)(2)-(3) amended as (g)-(g)(5); divisions (h)-(i) amended as (h)- (h)(2) (B), division (h)(3) added; Ord. 19-25 , Eff. 4/4/2025. Division (a)(12) amended; Ord. 3-26 , Eff. 2/8/2026. CODIFICATION NOTES

1. So in Ord. 210-21.

2. So in Ord. 19-25.

Editor's Note:

Ordinance 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).

SEC. 415.7. OFF-SITE AFFORDABLE HOUSING ALTERNATIVE.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

If the project sponsor elects pursuant to Section 415.5(g) to provide off-site units to satisfy the requirements of Sections 415.1 et seq. , the project sponsor shall notify the Planning Department and MOHCD of its intent prior to approval of the project by the Planning Commission or Department. The Planning Department and MOHCD shall provide an evaluation of the project’s compliance with this Section 415.7 prior to approval by the Planning Commission or Planning Department. The development project shall meet the following requirements:

(a) Number of Units: The number of units constructed off-site shall be as follows:

(1) For any housing development that is located in an area or Special Use District with a specific affordable housing requirement, or in any other Planning Code provision, such as Section 419, the higher off-site housing requirement shall apply.

(2) For housing development projects consisting of 10 units or more but less than 25 units, the number of Affordable Units constructed off-site shall be 20%, so that a project applicant shall construct .20 times the total number of units produced in the Principal Project. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above. In no case shall the total number of Affordable Units required exceed the number required as determined by the application of the applicable off-site requirement rate to the total project units. Owned Units shall be affordable to households earning up to 100% of Area Median Income, with an affordable sales price set at 80% of Area Median Income or less. Rental Units shall be affordable to households earning up to 65% of Area Median Income, with an affordable rent set at 55% of Area Median Income or less.

application of the applicable off-site requirement rate to the total project units. Owned Units shall be affordable to households earning up to 100% of Area Median Income, with an affordable sales price set at 80% of Area Median Income or less. Rental Units shall be affordable to households earning up to 65% of Area Median Income, with an affordable rent set at 55% of Area Median Income or less.

(3) For any Ownership Housing Project consisting of 25 or more units, the number of Affordable Units constructed off-site shall be 33% of all units constructed on the project site, with a minimum of 18% of the units affordable to lowincome households, 8% of the units affordable to moderate-income households, and 7% of the units affordable to middle income households. In no case shall the total number of Affordable Units required exceed the number required as determined by the application of the applicable off-site requirement rate to the total project units. Owned Units for lowincome households shall have an affordable purchase price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for low-income units. Owned Units for moderate-income households shall have an affordable purchase price set at 105% of Area Median Income or less, with households earning from 95% to 120% of Area Median Income eligible to apply for moderate-income units. Owned Units for middle-income households shall have an affordable purchase price set at 130% of Area Median Income or less, with households earning from 120% to 150% of Area Median Income eligible to apply for middle-income units. For any Affordable Units with purchase prices set at 100% of Area Median Income or above, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than February 26, 2018. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each rental category.

le Units with purchase prices set at 100% of Area Median Income or above, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than February 26, 2018. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each rental category.

(4) For any Rental Housing Project consisting of 25 or more Rental Units, the number of affordable units constructed off-site shall generally be 30% of all units constructed on the project site, with a minimum of 18% of the units affordable to low-income households, 6% of the units affordable to moderate-income households, and 6% of the units affordable to middle-income households. In no case shall the total number of affordable units required exceed the number required as determined by the application of the applicable off-site requirement rate to the total project units. Rental Units for lowincome households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for low-income units. Rental Units for moderate-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning from 65% to 90% of Area Median Income eligible to apply for moderate-income units. Rental Units for middle-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 130% of Area Median Income eligible to apply for middle-income units. For any affordable units with rental rates set at 100% of Area Median Income or above, the units shall have a minimum occupancy of two persons. This unit requirement shall be outlined within the Mayor’s Office of Housing Preferences and Lottery Procedures Manual no later than 6 months following the effective date of the Ordinance contained in Board of Supervisors File No. 161351. MOHCD may reduce Area Median Income pricing and the minimum income required for eligibility in each rental category. MOHCD shall set forth in the Procedures Manual the administration of rental units within this range.

(5) In the event that a Rental Housing project converts to an Ownership Housing project, the Project Sponsor shall either (A) reimburse the City the proportional amount of the Inclusionary Affordable Housing Fee, which would be equivalent to the then-current Inclusionary Affordable Housing Fee requirement for Ownership Housing Projects, or (B)

provide additional on-site or off-site Affordable Units equivalent to the then-current inclusionary requirements for Ownership Housing Projects, apportioned among the required number of units at various income levels in compliance with the requirements in effect at the time of conversion.

(6) The applicable amount of the percentage required for the off-site housing units shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application. Any development project that constructs off-site affordable housing units as set forth in this Section 415.6 shall diligently pursue completion of such units. In the event the project sponsor does not procure a building permit or site permit for construction of the principal project or the off-site affordable housing project within 30 months of the project’s approval, the development project shall comply with the inclusionary affordable housing requirements applicable thereafter at the time when the project sponsor procures a building permit. Such deadline shall be extended in the event of any litigation seeking to invalidate the City’s approval of the principal project or off-site affordable housing project for the duration of the litigation.

(7) If the principal project or the off-site project has resulted in demolition of affordable housing units that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, lowor very low-income, or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power and determined to be affordable housing, the project sponsor shall comply with Section 317.2.

(b) Timing of Construction: The project sponsor shall ensure that the off-site units are constructed, completed, ready for occupancy, and marketed no later than the market rate units in the principal project. In no case shall the Principal Project receive its first certificate of occupancy until the off-site project has received its first certificate of occupancy.

(c) Location of off-site housing:

(1) Except as specified in subsection (ii) below, the off-site units shall be located within one mile of the principal project;

(2) Projects within the Central SoMa SUD must be located within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(d) Type of Housing: Nothing in this Section shall limit a project sponsor from meeting the requirements of this Section through the construction of units in a limited equity or land trust form of ownership if such units otherwise meet all of the requirements for off-site housing. In general, affordable units constructed or otherwise provided under this Section shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the principal project. The total square footage of the off-site affordable units constructed or otherwise provided under this Section shall be no less than the calculation of the total square footage of the on-site market-rate units in the principal project multiplied by the relevant on-site percentage requirement for the project specified in this Section. The Notice of Special Restrictions or conditions of approval shall include a specific number of units at specified unit sizes – including number of bedrooms and minimum square footage – for affordable units. The interior features in affordable units should generally be the same as those of the market rate units in the principal project but need not be the same make, model, or type of such item as long as they are of new and good quality and are consistent with then-current standards for new housing and so long as they are consistent with the “Quality Standards for Off-Site Affordable Housing Units” found in the Procedures Manual. Where applicable, parking shall be offered to the affordable units subject to the terms and conditions of the Department’s policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time. If the residential units in the principal project are live/work units which do not contain bedrooms or are other types of units which do not contain bedrooms separated from the living space, the off-site units shall be comparable in size according to the following equivalency calculation between live/work and units with bedrooms:

(e) Marketing the Units: The Project Sponsor shall submit a proposed marketing plan to MOHCD to begin marketing the Affordable Units at least six months prior to the beginning of marketing for any unit in the Principal Project. MOHCD shall approve the marketing plan for the Affordable Units prior to the Project Sponsor marketing any unit in the Principal Project. Failure to comply shall be deemed a violation of the Planning Code subject to enforcement and penalties as set forth in Section 415.9. MOHCD shall be responsible for overseeing and monitoring the marketing of Affordable Units under this Section 415.7. In general, the marketing requirements and procedures shall be contained in the Procedures Manual as amended from time to time and shall apply to the Affordable Units in the project. MOHCD may develop occupancy standards for units of different bedroom sizes in the Procedures Manual in order to promote an efficient allocation of Affordable Units. MOHCD may require in the Procedures Manual that prospective purchasers complete homebuyer education training or fulfill other requirements. MOHCD shall develop a list of minimum qualifications for marketing firms that market Affordable Units under Section 415.1 et seq. , referred to in the Procedures Manual as Below Market Rate (BMR units). No project sponsor marketing units under the Program shall be able to market BMR units except through a firm meeting all of the minimum qualifications. The Notice of Special Restrictions or conditions of approval shall specify that the marketing requirements and procedures contained in the Procedures Manual as amended from time to time, shall apply to the Affordable Units in the project.

(1) Lottery: At the initial offering of affordable units in a housing project and when Affordable Units become available for resale or re-lease in any housing project subject to this Program after the initial offering, MOHCD must require the use of a public lottery approved by MOHCD to select purchasers or tenants.

(2) Preferences: MOHCD shall create a lottery system that gives preference according to the provisions of Administrative Code Chapter 47. MOHCD shall propose policies and procedures for implementing these preferences to the Planning Commission for inclusion in the Procedures Manual. Otherwise, it is the policy of the City to treat all households equally in allocating affordable units under this Program.

(f) Individual affordable units constructed as part of a larger off-site project under this Section 415.7 shall not receive development subsidies from any Federal, State or local program established for the purpose of providing affordable housing, and shall not be counted to satisfy any affordable housing requirement for the off-site development. Other units in the same off-site project may receive such subsidies. In addition, subsidies may be used, only with the express written permission by MOHCD, to deepen the affordability of an affordable unit beyond the level of affordability required by this Program.

of providing affordable housing, and shall not be counted to satisfy any affordable housing requirement for the off-site development. Other units in the same off-site project may receive such subsidies. In addition, subsidies may be used, only with the express written permission by MOHCD, to deepen the affordability of an affordable unit beyond the level of affordability required by this Program.

(g) Notwithstanding the provisions of Section 415.7(f) above, a project may use California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% credits under the Tax Credit Allocation Committee (TCAC) to help fund its obligations under this ordinance as long as the project provides at least 60% of the off-site affordable units as affordable at 55% of area median income and the balance of the off-site affordable units using these funds at affordability rates that comply with the requirements of TCAC, CDLAC, and this Section 415. The income table to be used for such projects when the units are priced at 55% of area median income is the income table used by MOHCD for the Inclusionary Housing Program, not that used by TCAC or CDLAC. Except as provided in this subsection (g), all units provided under this Section 415.7 must meet all of the requirements of the Inclusionary Affordable Housing Program and the Procedures Manual for off-site housing.

(Added as Sec. 315.6 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 232-08, File No. 080521, App.

10/30/2008; Ord. 63-09, File No. 081249, App. 4/23/2009; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 277-13, File No. 130968, App. 12/18/2013, Eff. 1/17/2014; Ord. 204-15 , File No. 150622, App. 12/3/2015, Eff. 1/2/2016; Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; 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. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

6/12/2016; Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 26-18, File No. 171193, App. 2/23/2018, Eff. 3/26/2018; 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. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 3-26, File No. 250926, App. 1/8/2026, Eff. 2/8/2026) AMENDMENT HISTORY

Undesignated introductory paragraph and divisions (a)(1), (b), (d), and (f) amended; division (g) added; Ord. 62-13 , Eff. 5/10/2013. Undesignated introductory paragraph and division (e)(2) amended; references to "MOHCD" corrected throughout; Ord. 277-13, Eff. 1/17/2014. Division (e)(2) amended; Ord. 204-15 , Eff. 1/2/2016. Undesignated introductory paragraph amended; former division (a)(1)(A) redesignated as (a)(1) and amended; former divisions (a)(1)(B) and (C) deleted; new divisions (a)(2)-(4) added; divisions (b), (c), and (d) amended; Ord. 76-16 , Eff. 6/12/2016. Undesignated introductory paragraph and divisions (a)(1)-(3) amended; former division (a)(4) deleted; new divisions (a)(4)-(7) added; divisions (e), (f), and (g) amended; Ord. 158-17, Eff. 8/26/2017. Undesignated introductory paragraph and division (d)

amended; Ord. 26-18, Eff. 3/26/2018. Undesignated introductory paragraph and division (g)[1] amended; Ord. 202-18 , Eff. 9/10/2018. Division (c) redesignated as divisions (c) and (c)(1); division (c)(1) amended; division (c)(2) added; Ord. 29618 , Eff. 1/12/2019. Undesignated introductory paragraph and divisions (a)(2), (a)(3), (a)(5), and (e)-(e)(1) amended; Ord. 210-21 , Eff. 12/20/2021. Division (a)(7) amended; Ord. 3-26 , Eff. 2/8/2026. CODIFICATION NOTE

1. This subsection (g) was amended by Ord. 208-17; however, because of formatting issues in Ord. 208-17, that text was not transposed into the Code. Amendments made by Ord. 202-18 have since superseded those made to subsection (g) by Ord. 208-17.

SEC. 415.7-1. SMALL SITES AFFORDABLE HOUSING ALTERNATIVE.

A project sponsor of a principal project comprised of 24 or fewer residential units may elect under Section 415.5(g) to meet its Inclusionary Affordable Housing requirement by designating its payment of the Affordable Housing Fee due under Section 415.5 for a Small Sites program that MOHCD shall establish for this purpose. Affordable Housing Fees designated for this program shall not be considered part of the designated funds specified by Section 415.5(f). MOHCD shall expend the program funds from a principal project on a Small Sites Project that meets the requirements set forth in Section 415.5(f)(2)(B) and that is within the same neighborhood as the principal project. The neighborhood of the principal project shall be determined by the Planning Department’s Neighborhood Groups Map. If MOHCD is unable to identify and apply the fee to a qualifying Small Sites Project within the same neighborhood as the principal project within two years of the payment of the fee, such fee shall be released into the Affordable Housing Fund to fund other qualifying Small Sites Projects in San Francisco.

(Added by Ord. 7-17, File No. 161157, App. 1/20/2017, Eff. 2/19/2017)

SEC. 415.8. DURATION AND MONITORING OF AFFORDABILITY.

• (a) For any units permitted under the Program:

(1) All units constructed pursuant to Sections 415.6 (On-site Affordable Housing Alternative) and 415.7 (Off-site Affordable Housing Alternative) must be owner-occupied, as defined in the Procedures Manual, in the case of Owned Units, or occupied by qualified households in the case of Rental Units.

(2) Units shall not remain vacant for a period exceeding 60 days without the written consent of MOHCD.

(3) All units constructed pursuant to Sections 415.6 and 415.7 must remain Affordable to Qualifying Households for the life of the project.

(4) The income levels specified in the Notice of Special Restrictions and/or conditions of approval for the project shall be the required income percentages for the life of the project. Notwithstanding the foregoing sentence, if approved by MOHCD and as provided in the Procedures Manual, an exception to the required income percentage may be made in the following cases:

(A) a rental unit that converts to an Owned Unit with Qualifying Income up to a maximum of 150% of AMI and a sales price established pursuant to Section 415.8(b)(5);

(B) where there is an existing tenant who has undergone re-certification as defined in the Procedures Manual, the existing tenant’s household income may increase up to a maximum of 200% of AMI;

(C) new Owned Units where the project sponsor has used good faith efforts to secure a contract with a qualified buyer but is unable to secure such a contract in a timely manner from the initiation of marketing;

(D) resale Owned Units where the owner has used good faith efforts to secure a contract with a qualified buyer but is unable to secure a buyer contract at a maximum resale price specified by MOHCD in a timely manner;

(E) the Qualifying Income level for new or resale Owned Units may be set at 20% above the income level stated in the Notice of Special Restrictions or conditions of approval; or

(F) resale Owned Units where the owner has requested an adjustment to the maximum income limit stated in the existing Notice of Special Restrictions or other document establishing affordability requirements for the unit and/or has requested an increase to the Qualifying Income level, pursuant to subsection (b)(9).

(5) The Commission or the Department shall require all housing projects subject to Section 415.1 et seq. to record a Notice of Special Restrictions in the official records of the City and County of San Francisco. The Notice of Special Restrictions must incorporate the affordability restrictions. All projects described in Section 415.3(a) must incorporate all of the requirements of this Section 415.8 into the Notice for Special Restrictions, including any provisions required to be in the conditions of approval for housing projects described in Section 415.3(a). These Section 415.3(a) projects which are housing projects that go through the conditional use or planned unit development process shall have conditions of approval. The conditions of approval shall specify that project applicants shall adhere to the marketing, monitoring, and enforcement procedures outlined in the Procedures Manual, as amended from time to time, in effect at the time of project approval. The Commission shall file the Procedures Manual in the case file for each project requiring inclusionary housing pursuant to this Program. The Procedures Manual will be referenced in the Notice of Special Restrictions for each project.

(b) For any units permitted to be Owned Units under the Program, the MOHCD shall:

(1) Establish and implement a process for reselling an affordable unit in the Procedures Manual.

(2) Provide that owners may not change title on the unit without review and approval by MOHCD and according to guidelines published in the Procedures Manual, as amended from time to time.

(3) Provide that owners must comply with refinancing procedures and limitations as published in the Procedures Manual, as amended from time to time.

(4) Provide that, in order to retain all units restricted as affordable under this Program within the City’s affordable housing stock, the specific procedures for passing an affordable unit through inheritance are contained in the Procedures Manual. All transfers through inheritance must be reviewed and approved by MOHCD and, in all cases, the heir must acknowledge and agree to the provisions of the Program. The following households may inherit the ability to occupy a unit restricted under this Program: (i) a spouse or registered domestic partner, regardless of income; or (ii) a child of the owner if the child is a qualifying household for the unit. If the heir qualifies under one of these categories, the heir must occupy the unit or the heir must market and sell the unit at the restricted price through a public lottery process and retain the proceeds from the sale. If the heir does not qualify to occupy the unit, the heir must market and sell the unit at the restricted price to a qualified buyer through a public lottery process. The heir would retain the proceeds of such sale.

(5) Require that affordable Rental Units permitted by the Commission to be converted to Owned Units satisfy the requirements of the Procedures Manual, as amended from time to time, including that the units shall be sold at restricted

sales prices to households meeting the income qualifications specified in the Notice of Special Restrictions or conditions of approval, with a right of first refusal for the occupant(s) of such units at the time of conversion. If the current tenant qualifies for and purchases the unit, the unit shall be sold at a sales price corresponding to the affordability level required for the unit as a Rental Unit as specified in the Notice of Special Restrictions or conditions of approval, with a maximum allowable Qualifying Income level up to 150% of AMI. If the unit is sold to a buyer who is not a current tenant, the sales price shall correspond to the affordability level required for the unit as an Owned Unit as specified in the Notice of Special Restrictions or conditions of approval. Upon conversion to ownership, the units are subject to the resale and other restrictions of this Program for the life of the project, as defined in the Notice of Special Restrictions or conditions of approval for the Project.

(6) For Owned Units approved pursuant to Sections 415.6 or 415.7, the Notice of Special Restrictions or conditions of approval will include provisions restricting resale prices and purchaser income levels according to the formula specified in the Procedures Manual, as amended from time to time. All amenities and parking spaces that were purchased with the initial sale of the Owned Unit must be sold with the Owned Unit upon resale and shall be included in the resale price. In the event subordination of the Affordability Conditions contained in a recorded Notice of Special Restrictions may be necessary to ensure the project applicant’s receipt of adequate construction and/or permanent financing for the project, or to enable first-time home buyers to qualify for mortgages, the project applicant may follow the procedures for subordination of affordability restrictions as described in the Principal Project’s conditions of approval or in the Procedures Manual. A release following foreclosure or other transfer in lieu of foreclosure may be authorized if required as a condition to financing pursuant to the procedures set forth in the Procedures Manual.

(7) Purchasers of Affordable Units shall secure the obligations contained in the Notice of Special Restrictions or conditions of approval by executing and delivering to the City a promissory note secured by a deed of trust encumbering the applicable affordable unit as described in the Procedures Manual or by an alternative means if so provided for in the Procedures Manual, as amended from time to time.

rchasers of Affordable Units shall secure the obligations contained in the Notice of Special Restrictions or conditions of approval by executing and delivering to the City a promissory note secured by a deed of trust encumbering the applicable affordable unit as described in the Procedures Manual or by an alternative means if so provided for in the Procedures Manual, as amended from time to time.

(8) Procedures for Units Unable to Resell. The Board of Supervisors finds that certain requirements of this Program and the Procedures Manual may create hardship for owners of Affordable Units restricted under this Program. However, the Board also recognizes that the requirements of this Program are important to preserve the long-term affordability of units restricted under the Program. In order to allow some relief for owners of Affordable Units during a time of economic downturn, but to provide the maximum protection for the long-term affordability of the units, the Board directs MOHCD to analyze the following issues and, if it deems appropriate, to propose amendments to the Procedures Manual to address the issues:

(A) Waiver of Resale Requirements and Maximum Qualifying Income Level for New Buyers of Resale BMR Units. The Board recognizes that the risk to low- and moderate-income homeowners during times of economic downturn can increase the risk of default and foreclosure of units restricted under this Program. The Board directs MOHCD to study ways to reduce such risks in the below market rate unit context and, if it deems appropriate, to make recommendations to the Planning Commission to amend the Procedures Manual to allow MOHCD discretion, in certain limited circumstances, to waive requirements for owners of Affordable Units who have used good faith efforts to secure a contract with a qualified buyer but are unable to resell their unit in a timely manner. Such amendments to the Procedures Manual may include, but are not limited to, authorizing MOHCD to make one or more allowances for owners of Affordable Units unable to resell, such as: (i) a one-time waiver of the first-time homebuyer rule for the purchasing household; (ii) a onetime waiver of qualifying household size requirements for the purchasing household; (iii) a one-time waiver of owner occupancy rules to allow a temporary rental; (iv) a one-time modification of the asset test for the new buyer household; and (v) allowing MOHCD discretion to increase the Qualifying Income level for the unit by up to 20% above the maximum income limit currently allowed by the Use Restrictions for the unit but at no time higher than 150% of AMI. MOHCD and the Commission shall set forth criteria for granting such allowances such as establishing a minimum time that the units must have been advertised by MOHCD without selling; establishing criteria related to unusual economic or personal circumstances of the owner; providing a maximum percentage for the increase above the maximum income limit

the unit but at no time higher than 150% of AMI. MOHCD and the Commission shall set forth criteria for granting such allowances such as establishing a minimum time that the units must have been advertised by MOHCD without selling; establishing criteria related to unusual economic or personal circumstances of the owner; providing a maximum percentage for the increase above the maximum income limit

currently allowed; providing that the increase may only be granted on a one-time basis; and requiring the owner to clearly establish that the BMR unit is being resold at the maximum resale price specified in the Procedures Manual, as amended from time to time.

(B) Waiver of Maximum Qualifying Income Level for New Buyers of Initial Sale BMR Units. The Board of

Supervisors recognizes that the current Program provides that the income of a new buyer of a below market rate household cannot exceed the maximum income stated in the Planning Approval or Notice of Special Restrictions for the BMR Unit. Due to less desirable developments or geographic areas, a project sponsor is sometimes unable to find a buyer for a BMR Unit within the maximum income stated in the Planning Approval or Notice of Special Restrictions for the unit. This situation makes it difficult, if not impossible, for certain current owners of below market rate units to resell their units. In order to minimize this situation, the Board of Supervisors directs MOHCD to study ways to address this issue and, if it deems appropriate, to make recommendations to the Planning Commission to amend the Procedures Manual to allow MOHCD to assist project sponsors who have used good faith efforts as determined by MOHCD to secure a contract with a qualified buyer but who are unable to secure such a contract in a timely manner from the initiation of marketing. Such amendments may include allowing MOHCD discretion to increase the Qualifying Income level for the unit by up to 20% above the maximum income limit currently allowed by the Use Restrictions for the unit but at no time higher than 150% of AMI. MOHCD and the Planning Commission shall establish limits to this or a similar proposal such as:

providing a maximum percentage for the increase above the maximum income limit currently allowed; requiring that a certain period without securing a buyer would pass before such an allowance would be made; and providing that the increase may only be granted on a one-time basis.

(9) Adjustment of Pricing and Income Limits for Owned Units Purchased at a Price Above the Affordable Price Determined at the Time of Resale.

(A) Findings and Purposes. The Board of Supervisors finds that the requirements of this Program and the Procedures Manual may create financial hardship for certain Owners of Affordable Units who could suffer a financial loss if said Owners sold their units at a price in compliance with the existing Notice of Special Restrictions or other affordability restrictions for the unit. However, the Board also recognizes that the requirements of this Program are important to preserve the long-term affordability of units restricted under the Program. To provide flexibility while protecting the long-term affordability of the Affordable Units and viability of the Program, this subsection (b)(9) provides options to allow some relief for Owners of Affordable Units that are re-selling at a time when the Affordable Price would be lower than the price at which they originally purchased their Affordable Unit.

(B) Authorization to Reset Pricing and Income Limits. The Board authorizes MOHCD to adjust the Affordable Price at the time of resale and to establish the corresponding maximum income limit or income range for eligible Owned Units, as further specified and limited in this subsection (b)(9). This authorization and adjustment procedure shall be available only once per eligible Owned Unit and shall result in an Affordable Price that is based on a permanent increase to the restrictions on Affordable Price and maximum income limit for the Owned Unit. For the resale and any subsequent resale of the Owned Unit, the Maximum Purchase Price shall be determined by MOHCD based on the new, increased maximum percentage of AMI established pursuant to this subsection (b)(9).

(C) Eligibility. An Owned Unit is eligible for an increase in the Affordable Price and corresponding maximum income limit or income range for the Owned Unit if: 1) the Owner purchased the unit at a price above the Affordable Price at the time of resale, which Affordable Price shall be determined by MOHCD based on the existing Notice of Special Restrictions or other document establishing affordability requirements for the unit at the time MOHCD processes the Owner’s resale request; and 2) the Owner submits a resale request for the unit to MOHCD within three years from the effective date of the ordinance in Board File No. 240802, enacting this subsection (b)(9). The Owner is not required to attempt to sell the unit prior to the adjustment described in this subsection (b)(9) to qualify for said adjustment.

(D) Maximum Allowable Adjustment. For the resale of an Owned Unit eligible for an adjustment under this subsection (b)(9), MOHCD may establish an adjusted Affordable Price up to the original purchase price paid by the current Owner. MOHCD may increase the maximum income limit or income range for the unit to reflect the adjusted

Affordable Price, up to a maximum of 130% AMI. In addition, once per eligible Owned Unit, MOHCD may increase the maximum Qualifying Income level for the unit by up to 20% above the maximum income limit or income range in the new Notice of Special Restrictions or other document establishing affordability requirements for the unit, provided that the increased maximum Qualifying Income level does not exceed 150% of AMI. The ultimate resale price may be lower or higher than the adjusted Affordable Price. Nothing in this subsection (b)(9) ensures or entitles an Owner to a resale price equal to the adjusted Affordable Price when reselling their Owned Unit.

(E) Procedures.

(i) MOHCD shall propose policies and procedures for implementing price and AMI level adjustments consistent with this subsection (b)(9) to the Planning Commission for inclusion in the Procedures Manual.

(ii) MOHCD may establish an adjusted Affordable Price and increase the maximum AMI level consistent with this subsection (b)(9) for the purposes of processing the resale, including marketing the Affordable Unit. If approved pursuant to subsections (b)(9)(E)(iii) through (vi), the increased maximum AMI level shall be established for all other purposes by the recording of a new Notice of Special Restrictions upon closing the resale of the Owned Unit that reflects the increased AMI level. As a condition of MOHCD’s approval of the adjustments under this subsection (b)(9), the Owner shall execute and authorize the recordation of the new Notice of Special Restrictions in senior lien priority upon closing the resale of the Owned Unit.

(iii) For units in principal projects that required Planning Commission approval, the Planning Commission, in consultation with MOHCD, may modify any original conditions of approval for the principal project related to the maximum price or income levels consistent with this subsection (b)(9), including, but not limited to, modification to the required terms of a Notice of Special Restrictions recorded or to be recorded against the project or the Owned Unit. If the Planning Commission has delegated its authority to the Planning Department to review and approve requests for pricing and AMI level adjustments, such adjustments shall be reviewed and considered for approval by the Director of the Planning Department, and the Planning Commission shall not hold a public hearing for discretionary review.

(iv) For units in principal projects that required Planning Department approval but not Planning Commission approval, the Planning Department, in consultation with MOHCD, may modify any original conditions of approval for the principal project related to the maximum price or income levels including but not limited to modification to the required terms of a Notice of Special Restrictions recorded or to be recorded against the project or the Owned Unit.

ing Department approval but not Planning Commission approval, the Planning Department, in consultation with MOHCD, may modify any original conditions of approval for the principal project related to the maximum price or income levels including but not limited to modification to the required terms of a Notice of Special Restrictions recorded or to be recorded against the project or the Owned Unit.

(v) For units in principal projects that did not require Planning Commission or Planning Department approval, the Planning Department, in consultation with MOHCD, may modify the required terms of a Notice of Special Restrictions recorded or to be recorded against the project or the Owned Unit.

(vi) Any other City approval required prior to modifying the terms of a Notice of Special Restrictions, such as amending a development agreement, shall be obtained.

(vii) Modifications under this subsection (b)(9) shall not be subject to review under any other Planning Code provision applicable to a change of use or change of condition including but not limited to Sections 303(e), 309(f), or 329(f)(7).

(F) Reporting. MOHCD shall provide a report to the Inclusionary Housing Technical Advisory Committee, Planning Commission, and Board of Supervisors or a committee thereof after 10 adjustments are approved under this subsection (b)(9), and after every tenth adjustment approved thereafter. In addition, MOHCD shall provide a report to the Inclusionary Housing Technical Advisory Committee, Planning Commission, and Board of Supervisors or a committee thereof within twelve months from the effective date of the ordinance in Board File No. 240802 enacting this subsection (b)(9), and every twelve months thereafter. The Board of Supervisors or a committee thereof shall hold a public hearing on the first annual report; accordingly, that report must be accompanied by a draft resolution for the Board to accept the report. Each report provided pursuant to this subsection (F) shall include at least the following information for each approved adjustment:

(i) The location of the Affordable Unit;

(ii) The date the adjustment was approved; and

(iii) Pricing and AMI level information before and after the adjustment.

(G) Expiration of this Subsection and Related Subsection. This subsection (b)(9), and the related subsection (a) (4)(F), shall expire by operation of law four years from the effective date of the ordinance in Board File No. 240802 enacting those two subsections. Upon expiration of those subsections, the City Attorney is authorized to cause their removal from the Planning Code, which removal may include as appropriate nonsubstantive modifications in subsection lettering, numbering, punctuation, and language.

(c) For any units permitted to be Rental Units under the Program, MOHCD shall establish:

(1) restrictions on lease changes and propose such restrictions to the Commission for inclusion in the Procedures Manual.

(2) additional eligibility criteria for sub-leasing and propose such restrictions to the Commission for inclusion in the Procedures Manual.

(3) criteria for continued eligibility for occupied rental units and propose such restrictions to the Commission for inclusion in the Procedures Manual.

(4) criteria for homeownership status and propose such restrictions to the Commission for inclusion in the Procedures Manual.

(5) criteria for granting affordable rental households the right of first refusal in purchasing an Affordable Unit that is converted from a Rental Unit to an Owned Unit and propose such restric- tions to the Commission for inclusion in the Procedures Manual.

(6) that at no time shall an annual increase exceed the actual allowable increase for that year. In cases where the rent has decreased, the tenant’s rent must be decreased. In cases where the annual adjustments have not been applied year to year, the Project Owner may not take advantage of any increases that were not applied until the Unit is vacant and rerented.

(Added as Sec. 315.7 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024)

AMENDMENT HISTORY

Division (a)(4) amended and divisions (a)(4)(A) through (E) added; division (b)(5) amended; division (b)(8) amended and divided into divisions (b)(8) and (b)(8)(A)1 ; divisions (b)(8)(B) and (c)(6) added; Ord. 62-13 , Eff. 5/10/2013. Divisions (a)(1)- (a)(4)(A), (a)(4)(C)-(E), (b)-(b)(8)(B), (c), and (c)(5) amended; Ord. 210-21 , Eff. 12/20/2021. Divisions (a)(1), (a) (4)-(a)(4)(B), (a)(4)(D)-(E), (a)(5), (b)(1)-(6), (b)(8)-(b)(8)(B) amended; divisions (a)(4)(F) and (b)(9)-(b)(9)(G) added; Ord. 258-24 , Eff. 12/15/2024.

SEC. 415.9. ENFORCEMENT PROVISIONS AND MONITORING OF PROGRAM.

(a) A first construction document or first Certificate of Occupancy, whichever applies, shall not be issued by the Director of DBI to any unit in the Principal Project until all of the affordable housing requirements of Sections 415.1 et seq. are satisfied.

(b) If, after issuance of the first Certificate of Occupancy, the Commission or Department determines that a project sponsor has failed to comply with any requirement in Section 415.1 et seq. or any reporting requirements detailed in the Procedures Manual, or has violated the Notice of Special Restrictions, the Commission, Department, or DBI may, until the violation is cured, (1) revoke the Certificate of Occupancy for the Principal Project or required Affordable Units, (2) impose a penalty on the project pursuant to Section 176(c) of this Code, and/or (3) the Zoning Administrator or MOHCD may enforce the provisions of Section 415.1 et seq. through any means provided for in Section 176 of this Code.

e Commission, Department, or DBI may, until the violation is cured, (1) revoke the Certificate of Occupancy for the Principal Project or required Affordable Units, (2) impose a penalty on the project pursuant to Section 176(c) of this Code, and/or (3) the Zoning Administrator or MOHCD may enforce the provisions of Section 415.1 et seq. through any means provided for in Section 176 of this Code.

(c) The Department shall notify MOHCD of any housing project subject to the requirements of Section 415.1 et seq. , including the name of the project sponsor and the number and location of the Affordable Units, within 30 days of the Department’s approval of a building or site permit for the project. MOHCD shall provide all project sponsors with information concerning the City’s first time homebuyer assistance programs and any other related programs MOHCD shall deem relevant to the Inclusionary Affordable Housing Program.

(d) The Department shall, as part of the annual Housing Inventory, report to the Board of Supervisors on the results of Section 415.1 et seq. including, but not limited to, a report on the following items:

(1) The number of, location of, and project applicant for, housing projects which came before the Commission for a Conditional Use Authorization or Planned Unit Development, and the number of, location of, and project applicant for, housing projects which were subject to the requirements of Section 415.1 et seq. ;

(2) The number of, location of, and project sponsor for, housing projects which applied for a waiver, adjustment, or reduction from the requirements of Section 415.1 et seq. pursuant to Section 406 of this Article, and the number of, location of, and project sponsor for, housing projects which were granted such a waiver, adjustment, or reduction and, if a reduction, to what percentage; and

(3) The number of, location of, and project sponsor for, every housing project to which Section 415.1 et seq. applied and the number of market rate units and the number of affordable on- and off-site units provided, including the location of all of the affordable units.

(e) A study is authorized to be undertaken under the direction of MOHCD approximately every five years to update the requirements of Section 415.1 et seq . MOHCD shall make recommendations to the Board of Supervisors and the Commission regarding any legislative changes. MOHCD shall specifically evaluate the different inclusionary housing requirements for developments of over 120 feet approximately five years from the enactment of the requirement or as deemed appropriate by MOHCD. MOHCD shall coordinate this report with the five-year evaluation by the Director of Planning required by Section 410 of this Article.

(f) Annual or Bi-annual Monitoring.

(1) MOHCD shall monitor and require occupancy certification for Owned Units and Rental Units on an annual or biannual basis, as outlined in the Procedures Manual.

(2) MOHCD may require the owner of a Rental Unit, the owner’s designated representative, or the tenant in an affordable unit to verify the income levels of the tenant on an annual or bi-annual basis, as outlined in the Procedures Manual.

(Added as Sec. 315.8 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 155-22, File No. 220262, App. 7/21/2022, Eff. 8/21/2022)

AMENDMENT HISTORY

Former division (f) deleted, former division (g) redesignated as (f); Ord. 62-13 , Eff. 5/10/2013. Divisions (a)-(c), (d)(2)-

(3), (e), and (f)-(f)(2) amended; Ord. 210-21, Eff. 12/20/2021. Divisions (a)-(d)(3) amended; Ord. 155-22, Eff. 8/21/2022.

SEC. 415.10. REPORTING TO BOARD OF SUPERVISORS.

(a) Findings.

San Francisco continues to experience a housing crisis that requires a broad spectrum of land use and financing tools to address. The 2022 Housing Element Update of the City’s General Plan calls for 40% of all new housing production to be affordable for lower income

households below 80% of area median income and 17% of new housing affordable to be built for moderate/middle income households up to 120% of area median income. San Francisco’s inclusionary housing program, which requires housing

developers to provide affordable units as part of their projects, is a critical component of the City’s programs to expand affordable housing options. The Inclusionary Housing program is one of the City’s tools for increasing affordable housing dedicated to lower income San Franciscans without using public subsidies, and in particular it is a useful tool for creating any affordable housing to meet the growing need of moderate/middle income households.

The City adopted an Inclusionary Housing ordinance in 2002 that set requirements on market rate development to include affordable units at 12% of the total for the first time. The inclusionary program has successfully resulted in more than 3,330 units of below-market, permanently affordable housing since its adoption. The City prepared a Nexus Study in 2007 in support of the program, which was updated in 2016. The reports demonstrated the necessary affordable housing in

order to mitigate the impacts of market rate housing[1] The City’s inclusionary housing requirements, which have been set at various levels since 2002 in response to changing economic conditions, are codified in Section 415 of the Planning Code.

The purpose of this Section 415.10 is to provide for the ongoing study of how to set inclusionary housing obligations in San Francisco at the maximum economically feasible amount in market rate housing development to create housing for low and moderate/middle income households, at the income levels set forth in Section 415.10(d), and with guidance from the City’s Nexus Study, which shall be periodically updated.

(b) Triennial Economic Feasibility Analysis. With the support of independent con- sultants as deemed appropriate by the Controller and with advice on setting qualifications and criteria for consultant selection from the Inclu- sionary Housing Technical Advisory Committee established in Administrative Code Chapter 5, Article XXIX, the Controller, in consultation with relevant City Departments and the Inclusionary Housing Technical Advisory Committee, shall conduct a feasibility study of the City’s inclusion- ary affordable housing obligations set forth in Planning Code Section 415 et seq. , including but not limited to the affordable housing fee and On- site and Off-site Alternatives, and shall submit a report to the Board of Supervisors by July 31, 2016 and by October 31 for subsequent years. Thereafter, the Controller, in consultation with the Department and the Inclusionary Housing Technical Advisory Committee, shall repeat this process at least every 36 months, or more fre- quently as deemed necessary by the Controller in response to a significant shift in economic or market conditions.

(c) Elements of the Economic Feasibility Analysis. The economic feasibility analysis required by subsection (b) of this Section 415.10 shall include sensitivity analyses of key economic parameters that can vary significantly over time, such as, but not limited to: interest rates; capitalization rates; equity return rates; land prices; construction costs; project scale, available state and federal housing finance programs including Low Income Housing Tax Credits readily available for market rate housing; tax-exempt bond financing; Federal Housing Administration and U.S. Department of Housing and Urban Development mortgage insurance; available City or local housing finance programs, such as Enhanced Infrastructure District (EIFD) and tax increments; zoning changes that increase or decrease development potential; variable City exactions, including community benefit fees, capacity charges, community facilities districts; the value of state density bonus, concessions and incentives under California Government Code Section 65915 and any other state law that confers value to development and which project sponsors may attempt to avail themselves of and public-private partnership development agreements where applicable and other factors as deemed reasonably relevant.

, capacity charges, community facilities districts; the value of state density bonus, concessions and incentives under California Government Code Section 65915 and any other state law that confers value to development and which project sponsors may attempt to avail themselves of and public-private partnership development agreements where applicable and other factors as deemed reasonably relevant.

(d) Report to Board of Supervisors. The Board of Supervisors may review the feasibility analyses, as well as the periodic updates to the City’s Nexus Study evaluating the necessary af- fordable housing in order to mitigate the impacts of market rate housing. The Board of Supervisors will review the feasibility analyses within three months of completion and may consider legislative amendments to the City’s Inclusionary Housing in-lieu fees, On-site or Off-site Alternatives, and in so doing will seek consultation from the Planning Commission, adjusting levels of inclusionary or affordable housing obligations and income levels up to maximums as defined in Section 415.2, based on the feasibility analyses, with the objective of maximizing affordable Inclusionary Housing in market rate housing production, and with guidance from the City’s Nexus Study. Any adjustment in income levels shall be adjusted commensurate with the percentage of units required so that the obligation for inclusionary housing is not reduced by any change in income levels. The Board of Supervisors may also utilize the Nexus Study in considering legislative amendments to the Inclusionary Housing

requirements. Updates to the City’s Inclusionary Housing requirements shall address affordable housing fees, On-site affordable housing and Off-site affordable housing, as well as the provision of affordable housing available to low-income households at or below 55% of Area Median Income for Rental Units and up to 80% of Area Median Income for Owned Units, and moderate/middle-income households from 80% to 120% of Area Median Income.

(Added by Ord. 76-16 , File No. 160255, App. 5/13/2016, Eff. 6/12/2016; amended by Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

AMENDMENT HISTORY

Section header and division (d) amended; Ord. 158-17, Eff. 8/26/2017. Divisions (b) and (d) amended; Ord. 210-21, Eff. 12/20/2021. Division (a) amended; Ord. 187-23, Eff. 10/15/2023, Ord. 201-23, Eff. 11/12/2023.

SEC. 415.11. SEVERABILITY.

If any subsection, sentence, clause, phrase, or word of Sections 415.1 et seq. , or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have passed Sections 415.1 et seq. and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of Sections 415.1 et seq. or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017)

SEC. 415A. TEMPORARY REDUCTION OF INCLUSIONARY REQUIREMENTS FOR RESIDENTIAL AND LIVE/WORK DEVELOPMENT PROJECTS APPROVED PRIOR TO NOVEMBER 1, 2023.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415A.1. PURPOSE.

In order to encourage the construction of residential and live/work development projects that have been Finally Approved prior to November 1, 2023, but have not procured a First Construction Document, the City hereby establishes a temporary program to: (1) reduce certain inclusionary affordable housing fees and obligations; (2) extend the time such developments have to obtain a site permit after project approval; and (3) allow the modification of certain findings required by Planning Code Section 206.6 (“State Density Bonus Program: Individually Requested.”) (Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415A.2. DEFINITIONS.

The following terms shall have the following definitions:

“Pipeline Project” means a residential or live/work project that (1) is subject to the Inclusionary Affordable Housing Ordinance, Planning Code Section 415.1 et seq. , and (2) was Finally Approved prior to November 1, 2023, and (3) has not been issued a First Construction Document prior to November 1, 2023.

“Finally Approved” or “Final Approval” shall mean (1) approval of a project’s first Development Application, unless such approval is appealed; or (2) if a project only requires a building permit, planning approval of the first site or building permit, unless such permit is appealed; or (3) if the first Development Application or first site or building permit is

appealed, then the final decision upholding the Development Application, or first site or building permit, on the appeal by the relevant City Board or Commission. “Finally Approved” or “Final Approval” shall not include any modification of the approval under Section 415A.5.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023; amended by Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024)

AMENDMENT HISTORY Definition of “Finally Approved” amended; Ord. 68-24, Eff. 5/5/2024.

SEC 415A.3. APPLICATION.

This Section 415A shall apply to Pipeline Projects. This Section 415A shall not apply to (1) any mixed-use project that has entered into a development agreement executed pursuant to Chapter 56 of the Administrative Code or other similar binding agreement with the City on or before November 1, 2023, or (2) projects that have chosen to comply with affordable housing requirements by dedicating land, including but not limited to projects meeting the requirements set forth in Sections 419.5(a)(2) or 249.33(b)(16), or (3) projects that have paid development impact fees, including inclusionary impact fees, on or before November 1, 2023.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415A.4. MODIFICATION OF PIPELINE PROJECTS.

On or before November 1, 2026, project sponsors of Pipeline Projects shall be entitled to request a modification under Section 415A.5 to that project’s conditions of approval, conditions on a project permit, notice of special restrictions, or other requirements related to: (1) specified requirements of the Inclusionary Affordable Housing Program, Planning Code Section 415.1 et seq. , or other applicable inclusionary housing requirement; (2) conditions that require a project sponsor to obtain a site permit within a certain timeframe after project approval; and (3) findings required by Planning Code Section 206.6. Except as specifically set forth herein, or as modified under the procedure set forth in subsection 415A.5, Pipeline Projects shall comply with all other conditions of approval, conditions on a project permit, or notice of special restrictions and any applicable requirements of the Planning Code, including the requirements set forth in Sections 415.1 through 415.11. Project sponsors may request the following modifications:

(a) Affordable Housing Fee. If a project sponsor of a Pipeline Project elected to pay the inclusionary housing fee pursuant to Section 415.5, the project shall be entitled to a modification of the inclusionary housing requirements set forth in Section 415.5(b)(1)(A), 415.5(b)(1)(B) or 415.5(b)(1)(C), or if applicable 415.3(b)(2)(A) through (2)(C), as follows:

(1) For Ownership or Rental Housing Pipeline Projects consisting of 10 units or more, the applicable percentage shall be 16.4%.

(2) For any Pipeline Project consisting of 10 units or more located in an area with a specific affordable housing requirement set forth in a Special Use District, Area Plan, or in any other section of the Code, including 415.3(d), 419, or 428, the applicable percentage shall be 54.5% of the rate for Rental Housing Projects in the specific area, rounded to the nearest tenth of one percent. This reduction shall not apply to fees subject to the Temporary Fee Reduction Program set forth in Section 403.

e housing requirement set forth in a Special Use District, Area Plan, or in any other section of the Code, including 415.3(d), 419, or 428, the applicable percentage shall be 54.5% of the rate for Rental Housing Projects in the specific area, rounded to the nearest tenth of one percent. This reduction shall not apply to fees subject to the Temporary Fee Reduction Program set forth in Section 403.

(3) Notwithstanding subsection (2), in no case shall a Pipeline Project be entitled to a modification of an affordable housing fee that would result in an applicable percentage lower than 16.4%.

(b) On-site Affordable Housing Alternative. If a project sponsor of a Pipeline Project elected to provide on-site affordable units pursuant to Section 415.5(g), the development project shall be entitled to the following modifications to

the on-site percentages in Sections 415.6(a)(1), 415.6(a)(2), or 415.6(a)(3), or if applicable, the on-site percentages set forth in Sections 415.3(b)(1)(A) to (b)(1)(D), or Section 206.3:

(1) For Pipeline Projects consisting of 10 units or more, but less than 25 units, the applicable percentage shall be 12%.

(2) For Pipeline Projects consisting of 25 units or more, the number of Affordable Units constructed on-site shall be 12% of all units constructed on the project site. Such projects shall ensure that a minimum of 8% of the units are affordable to low-income households, 2% are affordable to moderate-income households, and 2% are affordable to middle-income households.

(3) For any Pipeline Project consisting of 10 units or more that is located in an area with a specific affordable housing on-site requirement set forth in a Special Use District, Area Plan, or in any other section of the Code, including Sections 415.3(b)(1)(E), 415.3(d), 419, or 428, the applicable percentage shall be 54.5% of the rate for Rental Housing Projects in that specific area, rounded to the nearest tenth of one percent. For any Pipeline Project consisting of 10 units or more that was approved pursuant to Section 206.3, the applicable percentage shall be 54.5% of the rate in Section 206.3(f).

(4) Notwithstanding subsection (3), in no case shall a Pipeline Project be entitled to a modification of an on-site affordable housing obligation that would result in an applicable percentage lower than 12%.

(c) Off-Site Affordable Housing Alternative. If a project sponsor of a Pipeline Project elected to provide off-site units pursuant to Section 415.5(g), the development project shall be entitled to a modification of the requirements in Section 415.7(a) as follows:

(1) For Pipeline Projects consisting of 25 units or more, the applicable percentage shall be 16.4%. Such projects shall ensure that a minimum of 9.4% of the units are affordable to low-income households, 4% are affordable to moderateincome households, and 3% are affordable to middle-income households.

(2) For any Pipeline Project consisting of 25 units or more located in an area or Special Use District or in any other section of the Code, including Sections 415.3(d), 419, and 428 with a specific affordable housing requirement, the applicable percentage shall 54.5% of the rate for Rental Housing Projects in the specific area, rounded to the nearest tenth of one percent.

(3) Notwithstanding subsections (1) and (2), in no case shall a Pipeline Project be entitled to a modification of the off-site affordable housing alternative that would result in a percentage lower than 16.4%.

(d) Site Permit and First Construction Document Timing Requirements; Conditions of Approval.

(1) Notwithstanding any contrary provision in this Code, project sponsors of Pipeline Projects shall be entitled to a modification under Section 415A.5 of any conditions of approval or conditions on a project permit, requiring procurement of a site permit within a specified time, but in no event may such a deadline be extended past May 1, 2029.

(2) Notwithstanding any contrary provision in this Code, any modification under Section 415A.5 shall require as a condition that the project sponsor procure a First Construction Document on or before May 1, 2029. Failure to meet this condition shall invalidate the modification. Pipeline Projects that fail to procure a First Construction Document on or before May 1, 2029 shall be subject to the Inclusionary Affordable Housing requirements in effect on May 1, 2029 that are applicable to a project at the same location, size, and tenure.

(e) Density Bonus Projects: Affordability Levels, Concessions, Incentives and Waivers. If a Pipeline Project elected to proceed under the State Density Bonus law, Government Code section 65915 and/or Planning Code section 206.6. 1 (State Density Bonus Program: Individually Requested), the project sponsor may request the following modifications to a condition of approval or regulatory agreement pursuant to Section 415A.5, provided that the project continues to meet the requirements of the State Density Bonus law and/or Section 206.6:

(1) the number of units to be restricted as affordable units and the affordability levels of those units;

(2) the number and type of concessions, incentives, and waivers granted under 206.6(e).

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

AMENDMENT HISTORY

Section re-added; divisions (a)-(b), (b)(1)-(3), and (c)(1)-(3) amended as (a)-(b), (b)(2)-(4), and (c)(2)-(4); new divisions (b)(1) and (c)(1) added; Ord. 201-23, Eff. 11/12/2023. CODIFICATION NOTE

1. So in Ord. 187-23 and 201-23.

SEC. 415A.5. PROCESS FOR MODIFICATION OF INCLUSIONARY AFFORDABLE HOUSING PROGRAM REQUIREMENTS.

The purpose of this Section 415A.5 is to provide for the efficient review and approval of requests for modifications to conditions of approval, conditions on a project permit, or notice of special restrictions, for projects eligible for such modifications under Section 415A. The Planning Commission shall be responsible for reviewing and approving such requests, or may delegate those functions to the Planning Director.

(a) Planning Commission Review. Notwithstanding Section 415A.5(b), any modification of the conditions of approval, conditions on a project permit, or notice of special restrictions consistent with Section 415A that would result in the significant modification of approved plans shall require review and approval by the Planning Commission under the modification process otherwise applicable to the project, including but not limited to Planning Code Sections 303(e), 309(j) or 329(f)(7))1 . All modifications pursuant to this subsection 415A.5(a), including any appeal of such modifications, shall be granted prior to November 1, 2026. A significant modification shall include, but is not limited to:

(1) a change in the number of Residential or Group Housing units by more than 20%, or a change of more than 10% in Gross Floor Area; or,

(2) a change of use from Dwelling Units to Group Housing.

(b) Administrative Modifications. Notwithstanding Section 415A.5(a), if the Planning Commission has delegated its authority to the Planning Department to review and approve requests for modifications consistent with Section 415A.5, the following modifications shall be reviewed and approved by the Director of the Planning Department, and the Planning Commission shall not hold a public hearing for discretionary review. Modifications under this subsection 415A.5(b) shall not be subject to review under Planning Code sections 303(e), 309(f), 309(j) or 329(f)(7). Any modifications pursuant to this Section 415A.5(b) must be granted prior to November 1, 2026. If so delegated, the Planning Director shall be authorized to modify:

• (1) the applicable inclusionary fee required consistent with Section 415A.4(a).

• (2) the applicable percentage of off-site units required consistent with Section 415A.4(b).

• (3) the applicable percentage of on-site units required, consistent with Section 415A.4(c).

(4) for projects that elected to develop using the State Density Bonus Law, Government Code section 65915 or State Density Bonus Program: Individually Requested, under Planning Code section 206.6, the number of on-site Affordable Units, and the affordability levels of those units if such levels require modification for the project to continue to qualify

for the same amount of density bonus previously approved, and findings required by Section 206.6(e) related to eligibility for a density bonus, concessions and incentives and/or waivers of development standards, consistent with Section 415A.4(e). Notwithstanding the previous sentence, modifications to a density bonus project that are significant as set forth in subsection (a), shall be reviewed by the Planning Commission.

sity bonus previously approved, and findings required by Section 206.6(e) related to eligibility for a density bonus, concessions and incentives and/or waivers of development standards, consistent with Section 415A.4(e). Notwithstanding the previous sentence, modifications to a density bonus project that are significant as set forth in subsection (a), shall be reviewed by the Planning Commission.

(5) performance standards consistent with Section 415A.4(d), including the time of validity, expiration and renewal.

(c) Additional Conditions. Any modification to conditions of approval under this Section 415A.5 shall include a condition that a project must secure a First Construction Document on or before May 1, 2029 and if a project sponsor fails to secure a First Construction Document on or before May 1, 2029, the inclusionary requirements applicable to the project shall be those requirements in place at the time a First Construction Document is secured applicable to a project of the same size, location, and tenure.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

CODIFICATION NOTE

1. So in Ord. 187-23 and 201-23.

SEC. 415A.6. SUNSET PROVISION.

This Section 415A shall expire by operation of law on May 1, 2029, unless extended by an ordinance effective on or before that date. Upon expiration of this Section 415A, the City Attorney shall cause the section to be removed from the Planning Code.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415B. TEMPORARY REDUCTION IN REQUIREMENTS FOR NEW RESIDENTIAL AND LIVE/WORK DEVELOPMENT PROJECTS.

New Ordinance Notice

Publisher's Note: This section has been ADDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/1/2023). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

In order to encourage construction of residential and live/work development projects subject to the Inclusionary Affordable Housing Program, Planning Code Sections 415.1 et seq ,1 this Section 415B shall apply to housing and live/work development projects that are Finally Approved, as defined in Planning Code Section 415A.2, between November 1, 2023 and November 1, 2026, provided that such projects receive a First Construction Document within 30 months from Final Approval. Such deadline shall be extended in the event of any litigation seeking to invalidate the City’s approval of such project, for the duration of the litigation. Housing development projects that fail to obtain a First Construction Document within 30 months of Final Approval shall be subject to the requirements of Section 415.1 et seq. in effect on the date a First Construction Document is finally obtained. Except as specifically set forth herein, all other Inclusionary Affordable Housing requirements in Sections 415.1 et seq 1 shall continue to apply. (Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023) CODIFICATION NOTE

1. So in Ord. 187-23 and 201-23.

SEC. 415B.1. AFFORDABLE HOUSING FEE.

If a project sponsor elects to pay the affordable housing fee under Section 415.5, the project shall comply the requirements set forth in Section 415.6(b)(1), except as follows:

(a) For any housing development consisting of 25 units or more, the applicable percentage shall be 20.5%.

(b) For any housing development located in an area with a specific affordable housing requirement set forth in a Special Use District, Area Plan, or in any other section of the Code, including 415.3(d), 419, or 428, the percentage shall be 68% of the rate applicable to Rental Housing Projects, rounded to the nearest tenth of one percent. This section shall not apply to fees subject to the Temporary Fee Reduction Program set forth in Section 403. (Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415B.2. ON-SITE AFFORDABLE HOUSING ALTERNATIVE.

If a project sponsor elects to provide on-site Affordable Units pursuant to Section 415.5(g), the housing development shall be subject to the following required percentages rather than the percentage of units set forth in Section 415.6(a):

(a) For any housing development consisting of 25 or more units, the number of Affordable Units constructed on-site shall be 15% of all units constructed on the project site. Project sponsors shall ensure that a minimum of 10% of the Affordable Units shall be affordable to low-income households, 2.5% of the Affordable Units shall be affordable to moderate-income households, and 2.5% of the Affordable Units shall be affordable to middle-income households.

nits, the number of Affordable Units constructed on-site shall be 15% of all units constructed on the project site. Project sponsors shall ensure that a minimum of 10% of the Affordable Units shall be affordable to low-income households, 2.5% of the Affordable Units shall be affordable to moderate-income households, and 2.5% of the Affordable Units shall be affordable to middle-income households.

(b) For any housing development located in an area with a specific affordable housing requirement set forth in a Special Use District, Area Plan, or in any other section of the Code such as Section 415.3(d), 419, or 428, the percentage shall be 68% of the rate applicable to Rental Housing Projects in such area, rounded to the nearest tenth of one percent. (Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

AMENDMENT HISTORY

Section re-added; undesignated paragraph amended; Ord. 201-23, Eff. 11/12/2023.

SEC. 415B.3. OFF-SITE AFFORDABLE HOUSING ALTERNATIVE.

If a project sponsor elects to provide off-site units to satisfy the requirements of Section 415.1 et seq. pursuant to 415.5(g)(1)(B), the housing development project shall be subject to the requirements of Section 415.7(a), except as follows:

(a) For any housing development consisting of 25 units or more, the applicable percentage shall be 20.5%. Project sponsors shall ensure that a minimum of 11.5% of the Affordable Units shall be affordable to low-income households, 5% of the Affordable Units shall be affordable to moderate-income households, and 4% of the Affordable Units shall be affordable to middle-income households.

(b) For any housing development that is located in an area with a specific off-site affordable housing requirement set forth in a Special Use District, Area Plan, or in any other section of the Code including Section 415.3(d), 419, or 428, the percentage shall be 68% of the applicable rate for Rental Housing Projects in the area, rounded to the nearest tenth of one percent.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415B.4. INCLUSIONARY FEE ANNUAL FEE UPDATES.

Notwithstanding any other provision of the Code, during the period that this Section 415B applies:

(a) the amount of the inclusionary housing fee shall be adjusted consistent with the factors set forth in Sections 415.5(b)(2) and 415.5(b)(3), but in no case shall the fee be increased by more than 2% annually; and (b) the provisions of 415.6(a)(5) shall not apply.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

SEC. 415B.5. SUNSET PROVISION.

This section 415B shall expire by operation of law on November 1, 2026, unless extended by an ordinance on or effective before that date. Upon expiration of this Section 415B, the City Attorney shall cause the section to be removed from the Planning Code.

(Added by Ord. 187-23, File No. 230769, App. 9/14/2023, Eff. 10/15/2023, Oper. 11/1/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

[AFFORDABLE HOUSING: MARKET AND OCTAVIA AREA PLAN;

UPPER MARKET NEIGHBORHOOD COMMERCIAL DISTRICT]

SEC. 416. MARKET AND OCTAVIA AREA PLAN AND UPPER MARKET NEIGHBORHOOD COMMERCIAL DISTRICT AFFORDABLE HOUSING FEE.

Sections 416.1 through 416.5, hereafter referred to as Section 416.1 et seq. , set forth the requirements and procedures for the Market and Octavia Area Plan and Upper Market Neighborhood Commercial District Affordable Housing Fee. The effective date of these requirements shall be either May 30, 2008, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

SEC. 416.1. FINDINGS.

The Board of Supervisors hereby finds that:

A. The additional affordable housing requirements of this Section are supported by the Nexus Study performed by Keyser Marston and Associates referenced in Section 415.1(11) and found in Board File No. 081152. The Board of Supervisors has reviewed the study and staff analysis and report of the study and, on that basis, finds that the study supports the current inclusionary affordable housing requirements combined with the additional affordable housing fee. Specifically, the Board finds that the study: (1) identifies the purpose of the additional fee to mitigate impacts on the demand for affordable housing in the City; (2) identifies the use to which the additional fee is to be put as being to increase the City's affordable housing supply; and (3) establishes a reasonable relationship between the use of the additional fee for affordable housing and the need for affordable housing and the construction of new market rate housing. Moreover, the Board finds that the current inclusionary affordable requirements combined with the additional fee are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The Board also finds that the study establishes that the current inclusionary affordable requirements and additional fee do not duplicate other City requirements or fees.

housing. Moreover, the Board finds that the current inclusionary affordable requirements combined with the additional fee are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The Board also finds that the study establishes that the current inclusionary affordable requirements and additional fee do not duplicate other City requirements or fees.

B. Furthermore, the Board finds that generally an account has been established, funds appropriated, and a construction schedule adopted for affordable housing projects funded through the Inclusionary Affordable Housing program. The Affordable Housing Fee will reimburse the City for expenditures on affordable housing that have already been made. C. A major Market and Octavia Area Plan objective is to direct new market rate housing development to the area. That new market rate development will greatly outnumber both the number of units and potential new sites within the plan area for permanently affordable housing opportunities. The City and County of San Francisco has adopted a policy in its General Plan to meet the affordable housing needs of its general population and to require new housing development to produce sufficient affordable housing opportunities for all income groups, both of which will not be met by the projected housing development in the plan area. In addition, the "Draft Residential Nexus Analysis City and County of San Francisco" of December 2006 indicates that market rate housing itself generates additional lower income affordable housing needs for the workforce needed to serve the residents of the new market rate housing proposed for the plan area. In order to meet the demand created for affordable housing by the specific policies of the Plan and to be consistent with the policy of the City and County of San Francisco it is found that an additional affordable housing fee need be included on all market rate housing development in the Plan Area with priority for its use being given to the Plan area. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010)

SEC. 416.2. DEFINITIONS.

See Section 401 of this Article. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010)

SEC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.

The requirements of Sections 415.1 through 415.9 shall apply in the Market and Octavia Plan Area and the entirety of the Upper Market NCT District in addition to the following affordable housing requirement:

(a) Amount of Fee. Development projects that are subject to the Residential Inclusionary Affordable Housing Program shall pay an additional affordable housing fee per the fee schedule in Table 416.3A, except as provided under Section 406(k).

TABLE 416.3A

AFFORDABLE HOUSING FEE SCHEDULE IN THE MARKET AND OCTAVIA PROGRAM AREA

(b) Other Fee Provisions. This additional affordable housing fee shall be subject to the inflation adjustment provisions of Section 409 and the waiver and reduction provisions of Section 406. This additional affordable housing fee may not be met through the in-kind provision of community improvements or Community Facilities (Mello Roos) financing options of Sections 421.3(d) and (e). Pursuant to Section 249.33, in the Van Ness & Market Residential Special Use District this fee may be paid in any of the Alternatives set forth in Section 415.5(g).

(c) Exemption for Affordable Housing. A project applicant shall not pay a supplemental affordable housing fee for any square foot of space designated as a below market rate unit under Section 415.1 et seq. , the Citywide Inclusionary Affordable Housing Program, or any other residential unit that is designated as an affordable housing unit under a Federal, State, or local restriction in a manner that maintains affordability for a term no less than 50 years.

(d) Timing of Fee Payments. The Market and Octavia Plan Area and Upper Market NCD Affordable Housing Fee shall be paid to DBI for deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 83-17, File No. 170003, App. 3/24/2017, Eff. 4/23/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025) AMENDMENT HISTORY

Table 416.3A amended; Ord. 56-13 , Eff. 4/27/2013. Division (d) amended; Ord. 50-15 , Eff. 5/24/2015. Introductory paragraph amended; Ord. 83-17, Eff. 4/23/2017. Division (d) amended; Ord. 63-20, Eff. 5/25/2020. Division (b) amended; Ord. 126-20, Eff. 8/31/2020. Division (b) amended; Ord. 210-21, Eff. 12/20/2021. Introductory paragraph and division (a) amended; Ord. 188-25, Eff. 11/6/2025.

SEC. 416.4. IMPOSITION OF AFFORDABLE HOUSING FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 416.1 et seq. to any development project requiring a first construction document and, if Section 416.1 et seq. is applicable, shall impose any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit of Fee Requirements. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Section 416.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable housing fee amount in addition to the other information required by Section 402(b) of this Article.

(c) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 416.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010)

SEC. 416.5. USE OF FUNDS.

The additional affordable housing requirement specified in this Section 416.5 for the Market and Octavia Plan Area and the Upper Market NCT District shall be paid into the Citywide Affordable Housing Fund, established in Administrative Code Section 10.100-49, but the funds shall be separately accounted for. MOHCD shall expend the funds according to the following priorities: First, to increase the supply of housing Affordable to Qualifying Households in the Market and Octavia Plan Area and the Upper Market NCT District; second, to increase the supply of housing Affordable to Qualifying Households within one mile of the boundaries of the Plan Area and the Upper Market NCT District; third, to increase the supply of housing affordable to qualifying households in the City and County of San Francisco. The funds may also be used for monitoring and administrative expenses subject to the process described in Section 415.5(f)

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 143-15 , File No. 150568, App. 8/6/2015, Eff. 9/5/2015; Ord. 83-17, File No. 170003, App. 3/24/2017, Eff. 4/23/2017; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Section amended; Ord. 143-15 , Eff. 9/5/2015. Section amended; Ord. 83-17, Eff. 4/23/2017. Section amended; Ord. 21021, Eff. 12/20/2021.

[AFFORDABLE HOUSING: EASTERN NEIGHBORHOODS AREA PLAN]

SEC. 417. EASTERN NEIGHBORHOODS AREA PLAN AFFORDABLE HOUSING REQUIREMENT.

(Formerly Section 315.4(a)(1)(ii)).

Sections 417.1 through 417.5, hereafter referred to as Section 417.1 et seq. , set forth the requirements and procedures for the Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee. The effective date of these requirements shall be either January 19, 2009, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

SEC. 417.1. FINDINGS.

The Board of Supervisors hereby finds that:

A. The fee provisions of this Section are equivalent to or less than the fees for developments of over 20 units previously adopted by the Board in Ordinance No. 051685 and 060529 and are also supported by the Nexus Study

performed by Keyser Marston and Associates referenced in Section 415.1(11) and found in Board File No. 081152. The Board of Supervisors has reviewed the study and staff analysis prepared by the MOH dated July 24, 2008 in Board File No. 081152 and, on that basis, finds that the study supports the current proposed changes to the inclusionary housing requirements for projects of 20 units or less in the Eastern Neighborhood Area Plan. Specifically, the Board finds that the study and staff memo: (1) identifies the purpose of the additional fee to mitigate impacts on the demand for affordable housing in the City; (2) identifies the use to which the additional fee is to be put as being to increase the City's affordable housing supply; and (3) establishes a reasonable relationship between the use of the additional fee for affordable housing and the need for affordable housing and the construction of new market rate housing. Moreover, the Board finds that the new inclusionary affordable housing requirements are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The Board also finds that the study establishes that the inclusionary requirements do not duplicate other City requirements or fees.

B. Furthermore, the Board finds that generally an account has been established, funds appropriated, and a construction schedule adopted for affordable housing projects funded through the Inclusionary Affordable Housing program and the in lieu fees will reimburse the City for expenditures on affordable housing that have already been made.

C. The Board finds that small scale development faces a number of challenges in the current development climate, including limited access to credit and often, a higher land cost per unit for the small sites on which they develop. Because of these and other variations from larger-scale development, they operate under a somewhat unique development model which cannot be fully encapsulated within the constraints of the Eastern Neighborhoods Financial Analysis, prepared to assess the financial feasibility of increasing housing requirements and impact fees in the Plan Areas. To address these challenges, the Board finds that a number of slight modifications to the affordable housing requirements of the Eastern Neighborhoods, to apply to small projects (defined as 20 units or fewer, or less than 25,000 gross square feet) are appropriate.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010)

SEC. 417.2. DEFINITIONS.

See Section 401 of this Article.

"Gross Square Footage" shall have the meaning set forth in Section 102.

"Eastern Neighborhood Controls" shall have the meaning set forth in Section 175.6(c)(1).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY Section amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 417.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.

(a) Application. The alternate Affordable Housing Fee described in this Section shall only apply to development projects that are subject to the Eastern Neighborhood Controls, consist of 20 units or less or less than 25,000 gross square feet, and are subject to the requirements of Sections 415 through 415.9 and 419, and any stated exceptions elsewhere in this Code, including the specific provisions in Section 419.

(b) Amount of Fee. Any sponsor of a development projects subject to this Section may choose to pay an alternate fee equal to $40.00 per gross square foot of net new residential development instead of the standard Affordable Housing Fee requirements set forth in Section 415.5 as follows.

(c) Calculation of Gross Square Feet of Residential Area. The calculation of gross square feet shall not include nonresidential uses, including any retail, commercial, or PDR uses, and all other space used only for storage and services necessary to the operation or maintenance of the building itself.

(d) Timing of Fee Payments. The Eastern Neighborhoods Alternate Affordable Housing Fee shall be paid to DBI for deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (d) amended; Ord. 50-15 , Eff. 5/24/2015. Division (d) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 417.4. IMPOSITION OF AFFORDABLE HOUSING FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 417.1 et seq. to any development project requiring a first construction document and, if Section 417.1 et seq. is applicable, shall impose any such requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Section 417.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable housing fee amount in addition to the other information required by Section 402(b) of this Article.

(c) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 417.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 417.5. USE OF FUNDS.

The Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. MOH shall expend the funds according to the following priorities: First, to increase the supply of housing Affordable to Qualifying Households in the Eastern Neighborhoods Project Areas; second, to increase the supply of housing Affordable to Qualifying Households within one mile of the boundaries of the Eastern Neighborhoods Project Areas; third, to increase the supply of housing Affordable to Qualifying Households in the City and County of San Francisco. The funds may also be used for monitoring and administrative expenses subject to the process described in Section 415.5(e). All monies contributed pursuant to the Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. Such funds shall be expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Section amended; Ord. 296-18, Eff. 1/12/2019. Section amended; Ord. 210-21, Eff. 12/20/2021. [RINCON HILL COMMUNITY IMPROVEMENTS FUND AND SOMA COMMUNITY STABILIZATION FUND]

SEC. 418. RINCON HILL COMMUNITY IMPROVEMENTS FUND AND SOMA COMMUNITY

STABILIZATION FUND.

Sections 418.1 through 418.7, hereafter referred to as Section 418.1 et seq. , set forth the requirements and procedures for the Rincon Hill Community Improvements Fund and the SOMA Community Stabilization Fund. The effective date of these requirements is either August 19, 2005, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010)

SEC. 418.1. PURPOSE AND FINDINGS SUPPORTING RINCON HILL COMMUNITY IMPROVEMENTS FUND AND SOMA COMMUNITY STABILIZATION FUND.

(a) Purpose. The Board takes legislative notice of the purpose of the Rincon Hill Area Plan as articulated in the Rincon Hill Area Plan of the San Francisco General Plan. In general, the Rincon Hill Area Plan aims to transform Rincon Hill into a mixed-use downtown neighborhood with a significant housing presence, while providing the full range of services and amenities that support urban living. In addition, the Board notes the findings made in the Rincon Hill Area Plan that support the establishment of the Rincon Hill Community Improvements Fund specifically that Rincon Hill is lacking in open space facilities, pedestrian and streetscape amenities and bicycle infrastructure.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings and Complete Streets findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

The Board takes legislative notice of the findings supporting the fees in former Planning Code Section 418.1 (formerly Section 318.1) and the materials associated with Ordinance No. 217-05 in Board File No. 050865. To the extent that the Board previously adopted fees in this Area Plan that are not covered in the analysis of the four infrastructure areas analyzed in the Nexus Analysis, including but not limited to fees related to transit, the Board continues to rely on its prior analysis and the findings it made in support of those fees.

(c) SoMa Community Stabilization Fund. The development of the Rincon Hill Area Plan will also have economic impacts on the immediately surrounding area of SoMa. Specifically, the development will have impacts on affordable housing, economic and community development, and community cohesion in SoMa.

(1) Housing. The Board has adopted extensive findings documenting generally the need for housing and particularly affordable housing and the impact of market rate housing development on the need for affordable housing in Section 415.1 and incorporates those findings herein. The proposed new development in the Rincon Hill area will also lead to increased home prices and increased rental rates in the immediate Rincon Hill area and the surrounding South of Market area. This new development and corresponding increase in prices in the Rincon Hill area will cause displacement of existing residents.

New development in the Rincon Hill area will be marketed to higher income groups than other new development in San Francisco. Higher income groups have a higher demand for services than other income groups, so a higher number of workers will need to be housed in the area. Workers in the service industry generally make less than median income. The development in Rincon Hill represents the development of a disproportionate share of the available land for remaining housing development in the City.

The new development creates the need for additional affordable housing in the South of Market neighborhood and the need to provide subsidies for existing residents so that they will not be displaced and can continue living in their current neighborhood. In order to avoid displacement from the new development, residents will also need financial support to avoid eviction.

In addition, through the amendments to the Rincon Hill Area Plan and related zoning maps, the overall development capacity of the Rincon Hill area will be increased by (1) increasing permitted height and bulk, (2) eliminating residential

density limits by lot area, and (3) establishing a minimum residential to commercial use ratio. Existing permitted heights range from 80 feet up to a maximum of 250 feet. The new Rincon Hill zoning would increase heights up to 400 - 550 feet in selected locations. The permitted bulk for residential towers will be increased from a maximum floor plate of 7,500 sf to a range from 7,500 - 10,000 sf. The area's existing RC-4 zoning has a maximum permitted residential density of 1 unit per 200 of lot area; this limit will be eliminated and the height and bulk envelope will control the maximum development permitted. Thus project sponsors in the area are receiving a substantial increase in density over what is currently permitted.

aximum floor plate of 7,500 sf to a range from 7,500 - 10,000 sf. The area's existing RC-4 zoning has a maximum permitted residential density of 1 unit per 200 of lot area; this limit will be eliminated and the height and bulk envelope will control the maximum development permitted. Thus project sponsors in the area are receiving a substantial increase in density over what is currently permitted.

(2) Economic and Community Development. The new development in Rincon Hill will also change the economic landscape of the Rincon Hill area and the South of Market area. The new development in Rincon Hill will displace small businesses directly by focusing development in the neighborhood on residential development and indirectly due to higher rents and higher prices for real estate. Thus existing small businesses need financial assistance to avoid being displaced. The new development in the Rincon Hill area will also affect the type of jobs available in the Rincon Hill and South of Market area. Current residents of SoMa are employed in the Rincon Hill and SoMa area. New development in the Rincon Hill area will concentrate on residential development, thus pushing out other uses including light industrial uses and small business. Local workers will need to be retrained to avoid job displacement from the development in the Rincon Hill area. Financial assistance will support employment development, job placement, job development, and other forms of economic capacity building for SoMa residents to ameliorate the effects of the economic displacement. The City benefits from having workers live near to their work places in reduced commute times for residents, and reduced traffic congestion and associated pollution.

(3) Community Cohesion. New development in the Rincon Hill area in such a vast quantity and of such a different character as currently exists will change the social fabric of the neighborhood. Programs to promote leadership development, community cohesion, and civic participation will also ameliorate the negative economic and social consequences of the new development in Rincon Hill on the residents and small businesses in Rincon Hill and the broader South of Market community.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Section header amended; divisions (a) and (b) added; former divisions A. through F. deleted; former divisions G. through J. redesignated as (c) through (c)(3) and amended; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 418.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 418.3. APPLICATION OF RINCON HILL COMMUNITY IMPROVEMENTS FEE AND SOMA COMMUNITY STABILIZATION FEE.

(a) Application. Section 418.1 et seq. shall apply to any development project located in the Rincon Hill Community Improvements Program Area

(b) Projects subject to the Rincon Hill Community Infrastructure Impact Fee. The Rincon Hill Community Infrastructure Impact Fee is applicable to any development project in the Rincon Hill Program Area which results in:

• (1) At least one net new residential unit,

• (2) Additional space in an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,

(c) Fee Calculation for the Rincon Hill Community Infrastructure Impact Fee. For development projects for which the Rincon Hill Community Infrastructure Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 418.3A, and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 418.3B.

TABLE 418.3A

RINCON HILL COMMUNITY INFRASTRUCTURE IMPACT FEE SCHEDULE FOR NET ADDITIONS OF

GROSS SQUARE FEET IN THE RINCON HILL PROGRAM AREA:

Residential $8.60/gsf

TABLE 418.3B

RINCON HILL COMMUNITY INFRASTRUCTURE IMPACT FEE SCHEDULE FOR REPLACEMENT

OF USE OR CHANGE OF USE IN THE RINCON HILL PROGRAM AREA

(d) Projects Subject to and Fee Calculation for the SOMA Community Stabilization Fee. The SOMA Community Stabilization Fee shall be $10.95 per net addition of gross square feet of residential use in any development project with a residential use within the Program Area.

(e) Option for In-Kind Provision of Community Infrastructure and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Rincon Hill Community Infrastructure Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need and where they substitute for improvements that could be provided by the Rincon Hill Community Improvements Fund (as described in Section 418.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Rincon Hill Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Rincon Hill community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

con Hill Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Rincon Hill community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

• (i) A description of the type and timeline of the proposed in-kind improvements.

(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(iii) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Rincon Hill Community Infrastructure Impact Fee by the value of the proposed In-Kind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required Rincon Hill Community Infrastructure Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(f) Option for Financing of In-Kind Community Improvements or payment of the Rincon Hill Community Infrastructure Impact Fee via a Mello-Roos Community Facilities District ("CFD"). Applicants may finance In-Kind Community Improvements (subject to subsection (f) above) or payment of the Rincon Hill Community Infrastructure Impact Fee (subject to subsection (c) above) through the formation of a CFD.

Option for Financing of In-Kind Community Improvements or payment of the Rincon Hill Community Infrastructure Impact Fee via a Mello-Roos Community Facilities District ("CFD").* Applicants may finance In-Kind Community Improvements (subject to subsection (f) above) or payment of the Rincon Hill Community Infrastructure Impact Fee (subject to subsection (c) above) through the formation of a CFD.

(g) Timing of Fee Payments. The Rincon Hill Community Infrastructure Impact Fee and SOMA Stabilization Fee shall be paid to DBI for deposit into the Rincon Hill Community Improvements Fund at the time required by Section 402(d).

(h) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article. In the event that the Board of Supervisors grants a waiver or reduction under Section 406 of this Article, it shall be the policy of the Board of Supervisors that it shall adjust the percentage of inclusionary housing in lieu fees in Section 827(b)(5)(C) of this Code such that a greater percentage of the in lieu fees will be spent in SOMA with the result that the waiver or reduction under this Section shall not reduce the overall funding to the SOMA community. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Section header and division (g) amended; Ord. 50-15 , Eff. 5/24/2015. Division (g) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 418.4. IMPOSITION OF COMMUNITY INFRASTRUCTURE IMPACT FEE AND SOMA STABILIZATION FEE.

(a) Determination of Requirements. The Department or Commission shall determine the applicability of Section 418.1 et seq. to any development project requiring a first construction document and, if Section 418.1 et seq. is applicable, the amount of Community Infrastructure Impact and SOMA Stabilization Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department's Notice to Development Fee Collection Unit at DBI. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 418.1 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Community Infrastructure and SOMA Stabilization Fees required, including any fee credits for in-kind improvements, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit's Notice to Department Prior to Issuance of the First Certificate of

Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing and electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 418.1 et seq. that has elected to fulfill all or part of the requirement with an In-Kind Improvement Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 418.1 et

seq.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 418.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 418.5. RINCON HILL COMMUNITY IMPROVEMENTS FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Rincon Hill Community Improvements Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 418.3 shall be deposited in the Fund maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.

(b) Use of Funds.

(1) Rincon Hill Infrastructure. All monies deposited in the Fund shall be used solely to design, engineer, acquire, improve, and develop neighborhood recreation and open spaces, pedestrian and streetscape improvements, and bicycle infrastructure that result in new publicly-accessible facilities or other allowable improvements within the Rincon Hill Downtown Residential (DTR) District or within 250 feet of the District. These expenditures shall be consistent with the Rincon Hill Public Open Space System as described in Map 5 of the Rincon Hill Area Plan of the General Plan and the Rincon Hill Streetscape Plan. The Fund shall be allocated in accordance with Table 418.5.

Table 418.5

Breakdown of Use of Rincon Hill Community Improvements Fee by Infrastructure Type

(2) SoMa Stabilization Fund. Notwithstanding Subsection (b)(1) above, $6 million of the Fund shall be transferred to the SoMa Stabilization Fund described in Section 418.7 to be used exclusively for the following expenditures: SoMa Open Space Facilities Development and Improvement; Community Facilities Development and Improvement; SoMa Pedestrian Safety Planning, Traffic Calming, and Streetscape Improvement; and Development of new affordable housing in SoMa. The Board of Supervisors finds that it is in the best interest of the City that the Rincon Hill Community Improvements be built.

(3) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the purposes of administering this fund in an amount not to exceed 5% of the total annual revenue. Administration of this fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee under Section 418.3 above, to complete a nexus study to demonstrate or update the relationship between residential development and the need for public facilities, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvements. All interest earned on this account shall be credited to the Rincon Hill Community Improvements Fund.

Section 418.3 above, to complete a nexus study to demonstrate or update the relationship between residential development and the need for public facilities, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvements. All interest earned on this account shall be credited to the Rincon Hill Community Improvements Fund.

(c) Acquisition of New Open Space. A public hearing shall be held by both the Planning and Recreation and Parks Commissions to elicit public comment on proposals for the acquisition of property using monies in the Fund or through agreements for financing In-Kind Community Improvements via a Mello-Roos Community Facilities District that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The hearing may be continued to a later date by a majority vote of the members of both Commissions present at the hearing. The Recreation and Parks Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition of property for park use and/or for development of property for park use. (d) The Planning Commission shall work to develop a proposed expenditure plan with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop a proposed expenditure plan, and to develop agreements related to the administration of the development of new public facilities within public rights-of-way or on any acquired property. The proposed expenditure plan shall be subject to approval by the Board of Supervisors

(e) The Director shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with Section 418.1 et seq . The Director of Planning, as the head of the Interagency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015)

AMENDMENT HISTORY

[Former] division (c) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a)-(b)(3) amended; former division (c) deleted; former divisions (d)-(f) redesignated as (c)-(e) and amended; Ord. 50-15 , Eff. 5/24/2015.

SEC. 418.6. DIRECTOR OF PLANNING'S EVALUATION.

Within 18 months following the effective date of Section 418.1 et seq. , the Director of Planning and the Director of MOH shall report to the Planning Commission, the Board of Supervisors, and the Mayor on the status of compliance with Section 418.1 et seq. , the efficacy of Section 418.1 et seq. in funding infrastructure and stabilization programs in the Rincon Hill Program Area and in SoMa, and the impact of the Program on property values in the vicinity of the Program Area.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010)

SEC. 418.7. SOMA COMMUNITY STABILIZATION FUND.

(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the SOMA Community Stabilization Fund (“Fund”), and within the Fund an account related to the Community Facilities District defined in Section 434 called the SoMa Community Facilities District Account (“Community Facilities District Account”). The Fund and the Community Facilities District Account shall be held and maintained by the Controller. All monies collected by DBI pursuant to Section 418.3 shall be deposited in the Fund, to be maintained by the Controller. The Controller may direct certain proceeds of the Community Facilities District special tax, as defined in Section 434, collected pursuant to Section 434, to be deposited into the Community Facilities District Account. Proceeds of bonds issued for the Community Facilities District shall not be deposited into the Community Facilities District Account. The receipts in the Fund and the Community Facilities District Account are hereby appropriated in accordance with law to be used solely to address the effects of destabilization on residents and businesses in SOMA subject to the conditions of this Section 418.7.

(b) Use of Funds.

(1) All monies deposited in the Fund shall be used to address the impacts of destabilization on residents and businesses in SOMA including assistance for: affordable housing and community asset building, small business rental assistance, development of new affordable homes for rental units for low income households, rental subsidies for low income households, down payment assistance for home ownership for low income households, eviction prevention, employment development and capacity building for SOMA residents, job growth and job placement, small business assistance, leadership development, community cohesion, civic participation, cultural preservation, and community based programs and economic development. Monies in the Community Facilities District Account may be used for the purposes specified in this subsection (b) that are authorized uses of Community Facilities District revenues under the proceedings for the Community Facilities District and that are described in the Central SoMa Implementation Program Document.

ion, cultural preservation, and community based programs and economic development. Monies in the Community Facilities District Account may be used for the purposes specified in this subsection (b) that are authorized uses of Community Facilities District revenues under the proceedings for the Community Facilities District and that are described in the Central SoMa Implementation Program Document.

(2) Monies from the Fund may be appropriated by the Mayor’s Office of Housing and Community Development (“MOHCD”) without additional approval by the Board of Supervisors to the Planning Commission or other City department or office to commission economic analyses for the purpose of revising the fee, to complete a nexus study to demonstrate the relationship between residential development and the need for stabilization assistance if this is deemed necessary, provided these expenses do not exceed a total of $100,000. The receipts in the Fund may be used to pay the expenses of MOHCD in connection with administering the Fund and monitoring the use of the Funds. Before expending funds on administration, MOHCD must obtain the approval of the Board of Supervisors by Resolution. Monies in the Community Facilities District Account may not be used for the purposes described in this subsection (b)(2).

(c) Reporting. The Controller’s Office shall file a report with the Board of Supervisors in even-numbered years, which report shall set forth the amount of money collected in the Fund. The Fund shall be administered and expended by MOHCD, but all expenditures shall first be approved by the Board of Supervisors through the legislative process. In approving expenditures from the Fund, MOHCD and the Board of Supervisors shall consider any comments from the SOMA Community Stabilization Fund Community Advisory Committee in Article XXVII of Chapter 5 of the Administrative Code, the public, and any relevant City departments or offices. With respect to the Community Facilities District Account, the Controller’s Office also shall comply with the reporting requirements set forth in the Special Tax Financing Law and Government Code Section 50075 et seq.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)

AMENDMENT HISTORY

Division (c) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a), (b)-(b)(2), (c), (d), and (d)(2) amended; divisions (b) (3) and (e) deleted; Ord. 296-18, Eff. 1/12/2019. Divisions (a), (b)(2), and (c) amended; divisions (d)-(d)(3) deleted; Ord. 242-19, Eff. 12/2/2019.

SEC. 418.8. STUDIES.

(a) No later than July 1, 2010, and every five years thereafter, the Director of Planning shall complete a study to determine the demand for infrastructure to serve residential development projects in the Rincon Hill Downtown Residential District and, based on the study, recommend to the Board of Supervisors changes in the requirements for the Rincon Hill Community Infrastructure Impact Fee imposed on residential development in Section 418.1 et seq. if necessary to help meet that demand.

(b) No later than July 1, 2010, and every five years thereafter, the Director of MOH or his or her designee shall complete a study to determine the demand for stabilization programs in the SOMA area and, based on the study, recommend to the Board of Supervisors changes in the requirements for the SOMA Community Stabilization Fee imposed on residential development in Section 418.1 et seq. if necessary to help meet that demand. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010) [HOUSING REQUIREMENTS, UMU ZONING DISTRICTS OF THE EASTERN NEIGHBORHOODS;

LAND DEDICATION ALTERNATIVE IN THE MISSION NCT DISTRICT]

SEC. 419. HOUSING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT PROJECTS IN THE UMU ZONING DISTRICTS OF THE EASTERN NEIGHBORHOODS AND THE LAND DEDICATION ALTERNATIVE IN THE UMU DISTRICT, MISSION NCT DISTRICT, AND CENTRAL SOMA SPECIAL USE DISTRICT.

Sections 419.1 through 419.6, hereafter referred to as Section 419.1 et seq. , set forth the housing requirements for residential development projects in the UMU Zoning Districts of the Eastern Neighborhoods and the Land Dedication Alternative in the UMU District, Mission NCT District, and Central SoMa Special Use District. The effective date of these requirements shall be either December 19, 2008, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021) AMENDMENT HISTORY

Section header and section amended; Ord. 296-18, Eff. 1/12/2019. Section affirmed; Ord. 210-21, Eff. 12/20/2021.

SEC. 419.1. FINDINGS.

(a) Need for New Housing and Other Land Uses. San Francisco is experiencing a severe shortage of housing available to people at all income levels. In addition, San Francisco has an ongoing affordable housing crisis. Many future San Francisco workers will be earning below 80% of the area's median income, and even those earning moderate or middle incomes, above the City's median, are likely to need assistance to continue to live in San Francisco. In 2007, the median income for a family of four in the City was about $86,000. Yet median home prices suggest that nearly twice that income is needed to be able to afford a dwelling suitable for a family that size. Only an estimated 10% of households in the City can afford a median-priced home.

e incomes, above the City's median, are likely to need assistance to continue to live in San Francisco. In 2007, the median income for a family of four in the City was about $86,000. Yet median home prices suggest that nearly twice that income is needed to be able to afford a dwelling suitable for a family that size. Only an estimated 10% of households in the City can afford a median-priced home.

The Association of Bay Area Governments' (ABAG) Regional Housing Needs Determination (RHND) forecasts that San Francisco must produce over 31,000 new units in the next five years, or over 6,000 new units of housing annually, to meet projected needs. At least 60%, or over 18,000, of these new units should be available to households of very low, low, and moderate incomes. With land in short supply in the City, it is increasingly clear that the City's formerly industrial areas offer a critical source of land where this great need for housing, particularly affordable housing, can be partially addressed.

(b) Target Area For New Housing. San Francisco's Housing Element establishes the Eastern Neighborhoods as a target area for development of new housing to meet San Francisco's identified housing targets. The release of some of the area's formerly industrial lands, no longer needed to meet current industrial or PDR needs, offers an opportunity to

achieve higher affordability, and meet a greater range of need. The Mission, Showplace Square - Potrero Hill, East SoMa and Central Waterfront Area Plans of the General Plan (Eastern Neighborhoods Plans) thereby call for creation of new zoning intended specifically to meet San Francisco's housing needs, through higher affordability requirements and through greater flexibility in the way those requirements can be met.

New affordable units are currently funded through a variety of sources, including inclusionary housing and in lieu fees leveraged by new market rate residential development pursuant to Sections 413 and 415; as well as City, State, and federal funding. Using these existing sources, the Planning Department projects that approximately 1,000 to 1,500 new units of affordable housing will be developed in the Eastern Neighborhoods.

Recognizing that this number of affordable units is not sufficient, the Plans call for further measures beyond the existing inclusionary requirements and Citywide funding, including new funding sources for affordable housing programs such as an impact fee; and new zoning districts in formerly industrial areas which require deeper affordability.

(c) Requirements for New Development To Contribute Towards Housing Objectives. A key policy goal of the Eastern Neighborhoods Plans is to provide a significant amount of new housing affordable to low, moderate, and middle income families and individuals, along with “complete neighborhoods” that provide appropriate amenities for these new residents. The Plans obligate all new development within the Eastern Neighborhoods to contribute towards these goals, by providing a contribution towards affordable housing needs and by paying for a reasonable share of their impact on the neighborhood’s infrastructure. They further require new development in transitioning formerly industrial areas to contribute a higher share towards the City’s exponentially high affordability needs.

To address the full range of housing needs of all income categories, including low, moderate, and middle income families and individuals, the Plans provide programs which address all of these income levels, as follows:

(1) Low: Current housing programs funded by federal and State funds, private equity raised through Low-Income Housing Tax Credits, and local funds such as inclusionary in-lieu and Jobs-Housing Linkage fees and run by MOHCD and the San Francisco Redevelopment Agency fund affordable housing primarily at very low and low income levels, to households making below 80% of the area median income; but due to the low supply and high costs of land in the City, are at a disadvantage for sites upon which to provide such housing. An alternative to the city’s Inclusionary Housing Program will allow developers to dedicate sites for very low and low income level units.

(2) Moderate: The City's Inclusionary Housing Program funds affordable housing primarily at the moderate income levels through on-site provision of below-market rate units, to households making between 80% and 120% of the San Francisco median income. Continuation and expansion of the Inclusionary Housing Program will allow provision of these moderate income units to increase.

(3) Middle: The City has no current programs to fund affordable housing to those at "middle" income levels, below the 200% area median income level estimated to be required to purchase market rate housing yet above the 120% threshold required for the City's Inclusionary Housing Program. An alternative to the city's Inclusionary Housing Program will allow developers to provide "middle" income level units.

:** The City has no current programs to fund affordable housing to those at "middle" income levels, below the 200% area median income level estimated to be required to purchase market rate housing yet above the 120% threshold required for the City's Inclusionary Housing Program. An alternative to the city's Inclusionary Housing Program will allow developers to provide "middle" income level units.

The Eastern Neighborhoods Plans structure requirements and fees by tiers to ensure feasibility. This feasibility amount remains below the nexus established in the Residential Nexus Analysis, April 2007, on file with the Planning Department. Within these districts, new development of market-rate housing will be required to meet affordable housing requirements above the City's ordinary affordable housing requirements for Residential and Live/Work Development Projects (Section 415), as described in Sections 419.2-419.4. These housing requirements may be met through increased inclusionary requirements under the City's traditional Inclusionary Program, or through alternative methods contained herein. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Former divisions A. through C. redesignated as (a) through (c); division (c) amended; Ord. 56-13 , Eff. 4/27/2013. Division (a) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)-(c)(1) amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 419.2. DEFINITIONS.

(a) In addition to the definitions set forth in Section 401 of this Article:

(1) “Tier A.”

(i) All development on sites within the UMU District which received a height increase of eight feet or less, or received a reduction in height, as part of the Eastern Neighborhoods Plan (on file with the Clerk of the Board of Supervisors in File No. 081154), and all sites within the Mission NCT District utilizing the land dedication alternative specified in Section 419.5(a)(2).

(ii) All changes of use within existing structures.

(2) “Tier B.” All development on sites within the UMU District which received a height increase of nine to 28 feet as part of the Eastern Neighborhoods Plan (on file with the Clerk of the Board of Supervisors in File No. 081154).

(3) “Tier C.” All development on sites within the UMU District which received a height increase of 29 feet or more as part of the Eastern Neighborhoods Plan (on file with the Clerk of the Board of Supervisors in file No. 081154). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Divisions (a)(2), (a)(3), and (a)(4) amended; Ord. 196-11 , Eff. 11/3/2011. Former divisions (a)(1)-(a)(1)(B) deleted; former divisions (a)(2)-(4) redesignated as (a)(1)-(3); Ord. 210-21, Eff. 12/20/2021.

SEC. 419.3. APPLICATION OF UMU AFFORDABLE HOUSING REQUIREMENTS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

(a) Section 419.1 et seq. shall apply to any housing project located in the UMU Zoning District of the Eastern Neighborhoods, that is subject to the requirements of Sections 415 et seq.

(b) Additional UMU Affordable Housing Requirements to the Section 415 Inclusionary Affordable Housing

Program Requirements. The requirements of Section 415 through 415.9 shall apply subject to the following exceptions:

(1) For all projects sites designated as Tier A, a minimum of 14.4 percent of the total units constructed shall be affordable to and occupied by qualifying persons and families as defined elsewhere in this Code, so that a project sponsor must construct .144 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(A) If the project sponsor is eligible for and elects pursuant to Section 415.5(g) to build off-site units to satisfy the requirements of this program, the sponsor shall construct 23 percent so that a sponsor must construct .23 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(B) If the project sponsor elects pursuant to Section 415.5 to pay the fee to satisfy the requirements of this program, the sponsor shall meet the requirements of Section 415 according to the number of units required above if the project applicant were to elect to meet the requirements of this Section by off-site housing development. For the purposes of this Section, the City shall calculate the fee using the direct fractional result of the total number of units multiplied by the percentage of off-site housing required, rather than rounding up the resulting figure.

(2) For all project sites designated Tier B, a minimum of 16 percent of the total units constructed shall be affordable to and occupied by qualifying persons and families as defined elsewhere in this Code, so that a project sponsor must construct .16 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

e affordable to and occupied by qualifying persons and families as defined elsewhere in this Code, so that a project sponsor must construct .16 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(A) If the project sponsor is eligible for and elects pursuant to Section 415.5(g) to build off-site units to satisfy the requirements of this program, the sponsor shall construct 25 percent so that a sponsor must construct .25 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(B) If the project sponsor elects pursuant to Section 415.5(g) to pay the fee to satisfy the requirements of this program, the sponsor shall meet the requirements of Section 415 according to the number of units required above if the sponsor were to elect to meet the requirements of this Section by off-site housing development. For the purposes of this Section, the City shall calculate the fee using the direct fractional result of the total number of units multiplied by the percentage of off-site housing required, rather than rounding up the resulting figure.

(3) For all project sites designated Tier C, a minimum of 17.6 percent of the total units constructed shall be affordable to and occupied by qualifying persons and families as defined elsewhere in this Code, so that a project sponsor must construct .176 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(A) If the project sponsor is eligible for and elects pursuant to Section 415.5(g) to build off-site units to satisfy the requirements of this program, the sponsor shall construct 27 percent so that a sponsor must construct .27 times the total number of units produced in the principal project beginning with the construction of the tenth unit. If the total number of units is not a whole number, the sponsor shall round up to the nearest whole number for any portion of .5 or above.

(B) If the project sponsor elects pursuant to Section 415.5 to pay the fee to satisfy the requirements of this program, the sponsor shall meet the requirements of Section 415 according to the number of units required above if the sponsor were to elect to meet the requirements of this Section by off-site housing development. For the purposes of this Section, the City shall calculate the fee using the direct fractional result of the total number of units multiplied by the percentage of off-site housing required, rather than rounding up the resulting figure.

Section 415 according to the number of units required above if the sponsor were to elect to meet the requirements of this Section by off-site housing development. For the purposes of this Section, the City shall calculate the fee using the direct fractional result of the total number of units multiplied by the percentage of off-site housing required, rather than rounding up the resulting figure.

(c) Timing of Fee Payments. Any fee required by Section 419.1 et seq. shall be paid to DBI for deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 219-12, File No. 120464, App. 10/23/2012, Eff. 11/22/2012, Oper. 1/15/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (b)(1), (b)(1)(A), (b)(2), (b)(2)(A), (b)(3), and (b)(3)(A) amended; Ord. 219-12, Oper. 1/15/2013. Divisions (b) (1), (b)(2), and (b)(3) amended; Ord. 62-13 , Eff. 5/10/2013. Division (c) amended; Ord. 50-15 , Eff. 5/24/2015. Division (c) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 419.4. IMPOSITION OF UMU AFFORDABLE HOUSING REQUIREMENTS.

(a) The Department shall determine the applicability of Section 419.1 et seq. to any development project requiring a first construction document and, if Section 419.1 et seq. is applicable, the additional affordable housing required pursuant to Section 419.1 et seq. and shall impose these requirements as condition on the approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the additional affordable housing required pursuant to Section 419.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Sponsor’s Choice to Fulfill Requirements. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 419.1 et seq. , the sponsor of the development project shall select one of the options described in Section 419.3 above or the Alternatives described in Section 419.5 below to fulfill the affordable housing requirements and notify the Department of their choice.

(d) Department Notice to Development Fee Collection Unit of Sponsor Choice. After the sponsor has notified the Department of their choice to fulfill the additional affordable housing requirements of Section 419.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the sponsor's choice.

(e) The Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 419.1 et seq. that has elected to fulfill its requirement with an option other than payment of an in-lieu fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 419.1 et seq.

(f) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 419.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY Division (c) amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 419.5. ALTERNATIVES TO THE INCLUSIONARY HOUSING COMPONENT.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

(See Interpretations related to this Section.)

(a) Alternatives to the Inclusionary Housing Component. In addition to the Alternatives specified in Section

415.5(g) the project sponsor may elect to satisfy the requirements of Section 415.5 by one of the Alternatives specified in

this Section. The project sponsor has the choice between the Alternatives and the Planning Commission may not require a specific Alternative. The project sponsor must elect an Alternative before it receives project approvals from the Planning Commission or Planning Department and that Alternative will be a condition of project approval. The Alternatives are as follows:

(1) Middle Income Alternative. On sites with less than 50,000 square feet of total developable area, applicants may provide units as affordable to qualifying “middle income” households as follows:

(A) A minimum percent of the total units constructed shall be affordable to and occupied affordable to qualifying “middle income” households upon initial sale, according the schedule in Table 419.5. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above. Units shall be affordable to households between 120% and 150% of the San Francisco Area Median Income, with an average affordability level of 135% for all units provided through this Alternative.

(B) Where market rate sales prices exceed restricted sales prices, the difference between the market rate sales prices and the restricted sales prices shall be held by the MOHCD as a silent second mortgage according to the Procedures Manual. The City shall hold a deed of trust and promissory note for the second mortgage. MOHCD shall hold this mortgage and shall release it when the original note and proportional share of the appreciation are paid in full to the City. (C) Units shall initially be sold at or below prices to be determined by MOHCD in the Conditions of Approval or Notice of Special Restrictions according to the formula specified in the Procedures Manual to make them affordable to middle income households. Upon resale, the seller shall be permitted to sell the units at their market price. The City will waive its right of first refusal to the seller when the promissory note and deed of trust are paid, along with the City’s share of the appreciation of the unit. The promissory note shall accrue no interest and shall require no monthly payments.

(D) Upon first resale, the seller shall have a right to keep a percentage of the total appreciation of the unit proportional to every year the original seller owns the unit as an owner occupant. The remainder of the proceeds of the sale, after the first mortgage, the second mortgage, and any other subordinate financing is paid off, shall be repaid to MOHCD. Detailed resale procedures shall be specified in the Middle Income Housing Procedures Manual published by MOHCD and approved by the Planning Commission. The Director of MOHCD shall amend the Procedures Manual as needed with the Commission’s approval.

(E) The City shall monitor units provided under this option during the 2- and 5-year Monitoring Report specified in Section 342 of this Code and in separate resolution. Should this monitoring report indicate that units constructed under this program do not meet the programs1 program’s stated goals of providing affordable housing to Middle Income Households, the Planning Department and MOHCD shall consider changes to this program, including, but not limited to, legislative changes.

(F) If the project sponsor elects to satisfy the requirements of Section 415.5 and of this Section by the Alternative specified above, the dwelling unit mix required by Section 207.6 may be waived provided the minimum percent of total units affordable to qualifying “middle income” households as required by Table 419.5 is increased by 10%.

(2) Land Dedication Alternative. Applicants may dedicate a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units Affordable to Qualifying Households. A minimum percentage of developable area, representing an equivalent percent of total potential units to be constructed, shall be dedicated to the City according the schedule in Table 419.5 . To meet the requirements of this Alternative, the developer must convey title to land in fee simple absolute to MOHCD according to the Procedures Manual, provided the dedicated site is deemed of equivalent or greater value to the principal site per those procedures and is in line with the following requirements:

(A) The dedicated site will result in a total amount of inclusionary units not less than 40 units. MOHCD may conditionally approve and accept dedicated sites which result in no less than 25 units at its discretion.

(B) The dedicated site will result in a total amount of inclusionary units that is equivalent or greater than the minimum percentage of the units that will be provided on the principal site, as required by Table 419.5. MOHCD may also accept dedicated sites that represent the equivalent of or greater than the required percentage of units for all units that

could be provided on a collective of sites within a one-mile radius, provided the total amount of inclusionary units provided on the dedicated site is equivalent to or greater than the total requirements for all principal sites participating in the collective, according to the requirements of Table 419.5.

(C) The dedicated site is suitable from the perspective of size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria. The site must allow development of affordable housing that is sound, safe, and acceptable.

(D) The dedicated site includes infrastructure necessary to serve the inclusionary units, including sewer, utilities, water, light, street access, and sidewalks.

(E) The developer must submit full environmental clearance for the dedicated site before the land can be considered for conveyance, and before a first site or building permit may be conferred upon the Principal Project.

(F) The City may accept dedicated sites that vary from the minimum threshold, provided such a dedication is deemed generally equivalent to the original requirement by the MOHCD.

(G) The City may accept dedicated sites that meet the above requirements in accordance with the Procedures Manual, in combination with fees or on-site units, provided such a combination is deemed generally equivalent by MOHCD to the original requirement.

(H) The project applicant has a letter from MOHCD verifying acceptance of site before it receives project approvals from the Planning Commission or Planning Department, which shall be used to verify dedication as a condition of approval.

(I) If the project sponsor elects to satisfy the requirements of Section 415.5 and of this Section by the Alternative specified above, the dwelling unit mix required by Section 207.6 may be waived.

(J) The Land Dedication Alternative may be satisfied through the dedication to the City of air space above or adjacent to the project, upon the approval of MOHCD, or a successor entity, and provided the other requirements of subsection (a)(2)(A)-(I) are otherwise satisfied.

TABLE 419.5

HOUSING REQUIREMENTS FOR THE UMU DISTRICT

*Requirement increases by 5% if dwelling unit mix required by Section 207.6 is waived.

(b) Adjustments to Requirements for the Inclusionary Housing Component. This Section is intended to incorporate, rather than supersede, any changes made to Planning Code Section 415. In the instance that the base requirements of Section 415 are amended, the above-noted requirements shall be reviewed, and if appropriate, amended and/or increased accordingly.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; 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. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 182-15 , File No. 150496, App. 10/16/2015, Eff. 11/15/2015; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021) AMENDMENT HISTORY

Divisions (a)(1)(F), (a)(2)(B), (a)(2)(I) amended; former Table 419A.4 redesignated as Table 419.5 and internal references adjusted accordingly; Table 419.5 note amended; Ord. 196-11 , Eff. 11/3/2011. [Former] division (b) amended; Ord. 56-13 , Eff. 4/27/2013. Table 419.5 amended; Ord. 62-13 , Eff. 5/10/2013. Former division (b) deleted; former division (c) redesignated as (b); Ord. 182-15 , Eff. 11/15/2015. Divisions (a), (a)(1)(A)-(F), and (a)(2)-(a)(2)(J) amended; Ord. 210-21, Eff. 12/20/2021.

CODIFICATION NOTE

1. So in Ord. 210-21.

SEC. 419.6. LAND DEDICATION ALTERNATIVE IN THE MISSION NCT DISTRICT AND CENTRAL SOMA SPECIAL USE DISTRICT.

(a) Mission NCT District. The Land Dedication Alternative is available for any project within the Mission NCT District under the same terms and conditions as provided for in Section 419.5(a)(2)(A)-(J).

(b) Central SoMa Special Use District. The Land Dedication Alternative is available for projects within the Central SoMa Special Use District under the same terms and conditions as provided for in Section 419.5 (a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated site will result in a total amount of dedicated Gross Floor Area that is equal to or greater than 45% of the potential Gross Floor Area that could be provided on the principal site, as determined by the Planning Department. Land dedicated for affordable housing that results in less than 45% of such potential Gross Floor Area may be counted in partial satisfaction of the requirements of Section 415.5, so long as the land dedicated is at least 10,000 square feet or has a minimum capacity of 75 units of affordable housing; provided that the project satisfies any remaining obligations under Section 415.5 through the alternatives described in Section 415.5(g)(1). Any dedicated land shall be within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)

AMENDMENT HISTORY

Section amended; Ord. 188-15 , Eff. 12/4/2015. Section header amended; section designated as division (a); division (b) added; Ord. 296-18, Eff. 1/12/2019. Divisions (a) and (b) amended; Ord. 210-21, Eff. 12/20/2021. Division (b) amended; Ord. 37-25, Eff. 5/4/2025.

[VISITACION VALLEY COMMUNITY FACILITIES AND INFRASTRUCTURE FEE AND FUND]

SEC. 420. VISITACION VALLEY COMMUNITY FACILITIES AND INFRASTRUCTURE FEE AND FUND.

Sections 420.1 through 420.6, hereafter referred to as Section 420.1 et seq. , set forth the requirements and procedures for the Visitation Valley Community Facilities and Infrastructure Fee and Fund. The effective date of these requirements shall be either November 18, 2005, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 420.1. PURPOSE AND FINDINGS SUPPORTING VISITACION VALLEY COMMUNITY IMPROVEMENTS FEE AND FUND.

(a) Purpose. The Visitacion Valley Fee Area (Fee Area) is located along the southeastern border of San Francisco and includes the area bounded by McLaren Park to the west, the San Mateo County line to the south, Mansell Street to the

north, and Highway 101 and Bayview Park to the east. The Board takes legislative notice of the purpose of the following planning areas: Executive Park Subarea Plan of the Bayview Hunters Point Area Plan, and the Visitacion Valley Redevelopment Area, including the Schlage Lock site. The Board also takes notice of the HOPE SF program, specifically the HOPE SF development at Sunnydale. Jointly these plans and program aim to strengthen neighborhood character, the neighborhood commercial district, and transit by increasing the housing and retail capacity in the area. This project goal will also help to meet ABAG's projected demand to provide housing in the Bay Area by encouraging the construction of higher density housing. The Plan builds on existing neighborhood character and establishes new standards for amenities necessary for a transit-oriented neighborhood. In addition, the Board notes the findings made in the above-referenced Plans that support the establishment of the Visitacion Valley Community Improvements Fee and Fund, specifically that new development in Visitacion Valley creates the need for improvements in pedestrian and streetscape amenities, bicycle infrastructure, recreation and open space facilities, and childcare.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, and Childcare Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

The Board takes legislative notice of the findings supporting these fees in former Planning Code Section 420.1 (formerly Section 318.10 et seq. ) and the materials associated with Ordinance No. 3-11 in Board File No. 101247. To the extent that the Board previously adopted fees in this Area Plan that are not covered in the analysis of the four

infrastructure areas analyzed in the Nexus Analysis, including but not limited to tees related to transit, the Board continues to rely on its prior analysis and the findings it made in support of those fees.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Section header and divisions (a) and (b) amended; former divisions (c)-(e) deleted; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 420.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011)

SEC. 420.3. APPLICATION OF VISITACION VALLEY COMMUNITY IMPROVEMENTS FACILITIES AND INFRASTRUCTURE FEE.

(a) Projects subject to the Visitacion Valley Community Facilities and Infrastructure Fee. The Visitacion Valley Community Facilities Fee and Infrastructure Fee is applicable to any development project in the Visitacion Valley Fee Area which:

• (1) has 20 or more residential units, and

• (A) creates at least one new residential unit, or

(B) creates additional space in an existing residential unit of more than 800 gross square feet.

(2) have both not filed an application or a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment prior to September 1, 2003, and have filed an application for a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment on or after September 1, 2003.

(b) Amount of Fee. The Visitacion Valley Community Facilities and Infrastructure Fee ("Fee") shall be $4.58 for each net addition of occupiable square feet of residential use within a development project subject to this Section. Any

replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 420.3A below.

(c) Option for In-Kind Provision of Community Infrastructure and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Visitacion Valley Community Facilities and Infrastructure Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed In-Kind Improvements meet an identified community need and where they substitute for improvements that could be provided by the Visitacion Valley Community Facilities and Infrastructure Fund. The City may reject in-kind improvements if they are not consistent with the priorities identified in the Visitacion Valley Community Facilities and Infrastructure Fee Program, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Visitacion Valley community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this InKind Improvements Agreement.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed In-Kind

Improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed In-Kind Improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(i) A description of the type and timeline of the proposed In-Kind Improvements.

(ii) The appropriate value of the proposed In-Kind Improvement, as determined in subsection (2) above.

(iii) The legal remedies in the case of failure by the project sponsor to provide the In-Kind Improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Visitacion Valley Community Facilities and Infrastructure Fee by the value of the proposed In-Kind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed 100% of the required fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(6) Credit for On-Site Community Facilities and Childcare Facilities. Notwithstanding the foregoing provisions of subsection (c), a project that filed its first environmental application on or before November 18, 2010 only, is eligible for a credit for on-site community facilities or Childcare Facilities as follows: The project sponsor shall receive a credit

not to exceed $1.12 multiplied by the net addition of occupiable square feet of residential use in the residential development project. To qualify for a credit for community facilities or Childcare Facility, the facility shall be open and available to the general public on the same terms and conditions as to residents of the residential development project in which the facilities are located. Subject to the review and approval of the Planning Commission, the project sponsor may apply for a credit up to 100% of the required fee, as stated in subsection (c) above.

nity facilities or Childcare Facility, the facility shall be open and available to the general public on the same terms and conditions as to residents of the residential development project in which the facilities are located. Subject to the review and approval of the Planning Commission, the project sponsor may apply for a credit up to 100% of the required fee, as stated in subsection (c) above.

(d) Timing of Fee Payments. Any fee required by Section 420.1 et seq. shall be paid to DBI for deposit into the Visitacion Valley Community Facilities and Infrastructure Fund at the time required by Section 402(d). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020) AMENDMENT HISTORY

Section header and division (d) amended; Ord. 50-15 , Eff. 5/24/2015. Division (d) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 420.4. IMPOSITION OF REQUIREMENTS.

(a) Determination of Requirements. The Department shall determine the applicability of Section 420.1 et seq. to any development project requiring a first construction document and, if Section 420.1 et seq. is applicable, the net addition of gross square feet of residential use subject to its requirements, and shall impose the fee requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to issuance of the building or site permit for a development project subject to Section 420 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of any fee requirements, including any fee credits for in-kind improvements, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 420.1 et seq. that has elected to satisfy its fee requirement with credits-in-kind improvements. If the Department notifies the Unit at such time that the sponsor has not satisfied the in-kind improvements requirements of Section 420.3, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 420.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

ion of Requirements.** In the event that the Department or the Commission takes action affecting any development project subject to Section 420.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 420.5. LIEN PROCEEDINGS.

If, for any reason, the fee imposed under Section 420.3 remains unpaid following issuance of the certificate of occupancy, the Development Fee Collection Unit at DBI shall institute lien proceedings to make the entire unpaid balance of the fee, plus interest and any deferral surcharge, a lien against all parcels used for the development project in accordance with Section 408 of this Article and Section 107A.13.215 of the San Francisco Building Code. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 420.6. VISITACION VALLEY COMMUNITY IMPROVEMENTS FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Visitation Valley Community Facilities and Infrastructure Fund ("Fund"). All monies collected by DBI pursuant to Section 420.3(b) shall be deposited in the Fund which shall be maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.

(b) All monies deposited in the Fund shall be used solely to design, engineer, acquire, develop, and improve neighborhood recreation and open spaces, pedestrian and streetscape improvements, childcare facilities, bicycle infrastructure and other improvements that result in new publicly accessible facilities and related resources within the Visitacion Valley or within 250 feet of the Visitacion Valley Fee Area. The Fund shall be allocated in accordance with Table 420.6A.

Table 420.6A

Breakdown of Use of Visitacion Valley Community Improvements Fund by Infrastructure Type

(c) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the administration of this fund in an amount not to exceed 5% of the total annual revenue. Administration of this fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee under Section 418.3 above, to complete a nexus study to demonstrate or update the relationship between residential development and the need for public facilities, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvements. All interest earned on this account shall be credited to the Visitacion Valley Improvements Fund.

(d) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Park Commission to elicit public comment on proposals for the acquisition of property using monies in the Fund or through agreements for financing In-Kind Community Improvements via a Mello-Roos Community Facilities District that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The Parks Commissions may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition of property for park use and for development of property acquired for park use.

(e) The Planning Commission shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop agreements related to the administration of the improvements to existing and development of new public facilities within public rights-of-way or on

any acquired property designed for park use. The proposed expenditure plan shall be subject to approval by the Board of Supervisors.

(f) The Director of Planning shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with this Section 420.1 et seq . The Director of Planning, as the head of the Interagency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015)

AMENDMENT HISTORY

[Former] division (g) amended; Ord. 263-13, Eff. 12/27/2013. Section header and divisions (a)-(f) amended; former division (g) deleted; Ord. 50-15 , Eff. 5/24/2015.

[MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND]

SEC. 421. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND.

Sections 421.1 through 421.7, hereafter referred to as Section 421.1 et seq. , set forth the requirements and procedures for the Market and Octavia Community Improvements Fund. The effective date of these requirements shall be either April 3, 2008, the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 421.1. PURPOSE AND FINDINGS SUPPORTING THE MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. The Board takes legislative notice of the purpose of the Market and Octavia Area Plan ("Area Plan") as articulated in the Market and Octavia Area Plan of the San Francisco General Plan. In general, the Market and Octavia Area Plan embodies the community's vision of a better neighborhood, which achieves multiple objectives including creating a healthy, vibrant transit-oriented neighborhood.

The Market and Octavia Plan Area encompasses a variety of districts, most of which are primarily residential or neighborhood commercial. The Area Plan calls for a maintenance of the well-established neighborhood character in these districts with a shift to a more transit-oriented type of districts. A transit-oriented district, be it neighborhood commercial or residential in character, generates a unique type of infrastructure needs.

The overall objective of the Market and Octavia planning effort is to encourage balanced growth in a centrally located section of the City that is ideal for transit oriented development. The Area Plan calls for an increase in housing and retail capacity simultaneous to infrastructure improvements in an effort to maintain and strengthen neighborhood character. In addition, the Board notes the findings made in the Market and Octavia Area Plan that support the establishment of the Market and Octavia Community Improvements Fund. For example, new construction should not diminish the City's open space, jeopardize the City's Transit First Policy, or place undue burden on the City's service systems. The new residential and non-residential construction should preserve the existing neighborhood services and character, as well as increase the level of service for all modes necessary to support transit-oriented development. New development in the area will create additional impact on the local infrastructure, thus generating a substantial need for community improvements as the district's population and workforce grows.

non-residential construction should preserve the existing neighborhood services and character, as well as increase the level of service for all modes necessary to support transit-oriented development. New development in the area will create additional impact on the local infrastructure, thus generating a substantial need for community improvements as the district's population and workforce grows.

The purpose of the proposed Market and Octavia Community Infrastructure Impact Fees is to provide specific public improvements, including community open spaces, pedestrian and streetscape improvements and other facilities and services. These improvements are described in the Market and Octavia Area Plan and Neighborhood Plan and the accompanying ordinances, and are necessary to meet established City standards for the provision of such facilities. The Market and Octavia Community Improvements Fund and Community Infrastructure Impact Fee will create the necessary financial mechanism to fund these improvements in proportion to the need generated by new development.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Section header amended; former divisions A. and B. redesignated as division (a) and amended; new division (b) added; former divisions C.-E. deleted; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Division (b) amended; Ord. 193-23, Eff. 1016/2023.

SEC. 421.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 421.3. APPLICATION OF COMMUNITY IMPROVEMENTS IMPACT FEE.

(a) Application. Section 421.1 et seq. shall apply to any development project located in the Market and Octavia Program Area as defined in Section 401 of this Code, except as provided under Section 406(k) of this Code.

(b) Projects subject to the Market and Octavia Community Improvement Impact Fee. The Market and Octavia Community Improvements Impact Fee is applicable to any development project in the Market and Octavia Program Area which results in:

• (1) At least one net new residential unit,

• (2) Additional space in an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Additional non-residential space in excess of 800 gross square feet in an existing structure.

• (c) Fee Calculation for the Market and Octavia Community Improvement Impact Fee. For development projects

for which the Market and Octavia Community Improvements Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 421.3A, and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 421.3B.

TABLE 421.3A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE MARKET AND OCTAVIA PROGRAM AREA

TABLE 421.3B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE IN THE MARKET AND OCTAVIA PROGRAM AREA

(d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Market and Octavia Community Improvements Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need and where they substitute for improvements that could be provided by the Market and Octavia Community Improvements Fund (as described in Section 421.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Market and Octavia Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), the Market and Octavia Citizens Advisory Committee, or other prioritization processes related to Market and Octavia community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

Committee (see Section 36 of the Administrative Code), the Market and Octavia Citizens Advisory Committee, or other prioritization processes related to Market and Octavia community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(i) A description of the type and timeline of the proposed in-kind improvements.

(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(iii) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Market and Octavia Community Improvements Impact Fee by the value of the proposed In-Kind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required Market and Octavia Community Improvements Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(e) Option for Financing of Community Improvements or Payment of the Market and Octavia Community Improvements Impact Fee via a Mello Roos Community Facilities District ("CFD"). Applicants may finance In-Kind Community Improvements (subject to subsection (e) above) or payment of the Market and Octavia Community Improvements Impact Fee (subject to subsection (c) above) through the formation of a CFD.

ption for Financing of Community Improvements or Payment of the Market and Octavia Community Improvements Impact Fee via a Mello Roos Community Facilities District ("CFD").** Applicants may finance In-Kind Community Improvements (subject to subsection (e) above) or payment of the Market and Octavia Community Improvements Impact Fee (subject to subsection (c) above) through the formation of a CFD.

(f) Timing of Fee Payments. The Market and Octavia Community Improvements Impact Fee shall be paid to DBI for deposit into the Market and Octavia Community Improvements Fund at the time required by Section 402(d).

(g) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article. Additionally, applicants that are subject to the downtown parks fee, Section 139, can reduce their contribution to the Market and Octavia Community Improvements Fund by one dollar for every dollar that they contribute to the downtown parks fund, the total fee waiver or reduction granted through this clause shall not exceed 8.2 percent of calculated contribution for residential development or 13.8 percent for commercial development.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 83-17, File No. 170003, App. 3/24/2017, Eff. 4/23/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 18825, File No. 250680, App. 10/6/2025, Eff. 11/6/2025)

AMENDMENT HISTORY

Division (f) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) amended; Ord. 83-17, Eff. 4/23/2017. Division (f) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 188-25, Eff. 11/6/2025.

SEC. 421.4. IMPOSITION OF COMMUNITY INFRASTRUCTURE IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 421.1 et seq. to any development project requiring a first construction document and, if Section 421.1 is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the development impacts. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 421.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of its determination in addition to the other information required by Section 402(b) of this Article.

(c) Sponsor's Choice to Fulfill Requirements. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 421.1 et seq. , the sponsor shall elect an option under Section 421.3 to fulfill the requirements of Section 421.1 et seq. and notify the Department of their choice.

(d) Department's Notice to Development Fee Collection Unit of Sponsor's Choice. After the project sponsor has notified the Department of the choice to fulfill the requirements of Section 421.1 et seq. , the Department shall immediately notify the Development Fee Collection Unit at DBI of the project sponsor's choice.

(e) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 421.1 et seq. that has elected to fulfill all or part of the requirement with an option other than payment of a fee. If the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 421.1 et seq.

(f) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 421.1 et seq. and such action is subsequently modified,

superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015)

SEC. 421.5. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Market and Octavia Community Improvements Fund ("Fund"). All monies collected by DBI pursuant to Section 421.3(b) shall be deposited in the Fund maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.

(b) Use of Funds. The Fund shall be administered by the Board of Supervisors.

(1) Infrastructure. All monies deposited in the Fund shall be used to design, engineer, acquire, improve, and develop neighborhood open spaces, pedestrian and streetscape improvements, bicycle infrastructure, childcare facilities, and other improvements that result in new publicly-accessible facilities and related resources within the Market and Octavia Plan Area or within 1,250 feet of the Plan Area. Funds may be used for childcare facilities that are not publicly owned or publicly-accessible. The improvements, where applicable, shall be consistent with the Market and Octavia Civic Streets and Open Space System as described in Map 5 of the Market and Octavia Area Plan of the General Plan, and Market and Octavia Community Improvements Program. The funds shall be allocated in accordance with Table 421.5A.

Table 421.5A. Breakdown of Use of Market and Octavia Community Improvements Fee by Infrastructure Type.

(2) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the purposes of administering this fund in an amount not to exceed 5 % of the total annual revenue. Administration of this fund includes time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities if this is deemed necessary. All interest earned on this account shall be credited to the Market and Octavia Community Improvements Fund.

(c) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Parks Commission to elicit public comment on proposals for the acquisition of property using monies in the Fund in the Fund or through agreements for financing In-Kind Community Improvements via a Mello-Roos Community Facilities District that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the

hearing. The Parks Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition of property for park use and for development of property acquired for park use.

(d) The Planning Commission shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop a proposed expenditure plan, and to develop agreements related to the administration of the improvements to existing and development of new public facilities within public rights-of-way or on any acquired property designed for park use. The proposed expenditure plan shall be approved by the Board of Supervisors.

(e) The Director of Planning shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with this Section 421.1 et seq . The Director of Planning, as the head of the Interagency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 5015 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 83-17, File No. 170003, App. 3/24/2017, Eff. 4/23/2017; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

AMENDMENT HISTORY

[Former] division (c) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a)-(b)(2) amended; former division (c) deleted; former divisions (d)-(f) redesignated as (c)-(e) and amended; Ord. 50-15 , Eff. 5/24/2015. Division (b)(1) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b)(1) amended; Ord. 83-17, Eff. 4/23/2017. Division (b)(1) amended; Ord. 126-20, Eff. 8/31/2020.

SEC. 421.6. DIRECTOR OF PLANNING'S EVALUATION AND STUDY.

The Planning Department shall fulfill all relevant evaluation, reporting and study requirements to insure that the fee program remains up to date. These requirements include those outlined in Section 421.6(c), 341.2, and 341.3 of this Code, and Section 36.4 of the Administrative Code. Fulfillment of these reporting requirements shall be coordinated to minimize staff time. Funds to fulfill these requirements should be considered monitoring and program administration. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 421.7. [REPEALED.]

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015)

[BALBOA PARK COMMUNITY IMPROVEMENTS FUND]

SEC. 422. BALBOA PARK COMMUNITY IMPROVEMENTS FUND.

Sections 422.1 through 422.5, hereafter referred to as Section 422.1 et seq. , set forth the requirements and procedures for the Balboa Park Community Improvements Fund. The effective date of these requirements shall be either April 17, 2009, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 422.1. PURPOSE AND FINDINGS IN SUPPORT OF BALBOA PARK COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. The Board takes legislative notice of the purpose of the Balboa Park Station Area Plan as articulated in the Balboa Park Station Area Plan of the San Francisco General Plan. The Balboa Park Station Area Plan is a part of the Better Neighborhoods Program that recognizes population growth is beneficial in neighborhoods well-served by transit. As such, the Balboa Park Area Plan aims to strengthen neighborhood character, the neighborhood commercial district, and

transit by increasing the housing and retail capacity in the area. This project goal will also help to meet ABAG's projected demand to provide housing in the Bay Area by encouraging the construction of higher density housing. The Balboa Park Plan Area can better accommodate this growth because of its easy access to public transit, proximity to downtown, convenience of neighborhood shops to meet daily needs, and the availability of development opportunity sites. San Francisco's land constraints limit new housing construction to areas of the City not previously designated as residential areas, infill sites, or areas that can absorb increased density. The Balboa Park Plan Area presents an opportunity to both absorb increased density and provide infill development within easy walking distance to transit while maintaining neighborhood character. The Plan builds on existing neighborhood character and establishes new standards for amenities necessary for a transit-oriented neighborhood.

In addition, the Board takes legislative notice of the findings made in the Balboa Park Station Area Plan that support the establishment of the Balboa Park Community Improvements Fund.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Section header amended; former division A. redesignated as (a) and amended; former divisions B.-E. deleted; new division (b) added; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Division (b) amended; Ord. 193-23 Eff. 10/16/2023.

SEC. 422.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 422.3. APPLICATION OF COMMUNITY IMPROVEMENT IMPACT FEE.

(a) Application. Section 422.1 et seq. shall apply to any development project located in the Balboa Park Community Improvements Program Area.

• (b) Projects subject to the Balboa Park Impact Fee. The Balboa Park Impact Fee is applicable to any development project in the Balboa Park Program Area which results in:

• (1) At least one net new residential unit,

• (2) Additional space in an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Additional non-residential space in excess of 800 gross square feet in an existing structure.

• (c) Fee Calculation for the Balboa Park Impact Fee. For development projects for which the Balboa Park Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 422.3A, and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 422.3B.

TABLE 422.3A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE BALBOA PARK PROGRAM AREA

TABLE 422.3B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE IN THE BALBOA PARK PROGRAM AREA

(d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Balboa Park Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Balboa Park Community Improvements Program and where they substitute for improvements that could be provided by the Balboa Park Community Improvements Fund (as described in Section 422.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Balboa Park Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Balboa Park community improvements programming. No physical

improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(i) A description of the type and timeline of the proposed in-kind improvements.

(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(iii) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Balboa Park Impact Fee by the value of the proposed In-Kind

Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required Balboa Park Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(e) Timing of Fee Payments. The Balboa Park Impact Fee shall be paid to DBI for deposit into the Balboa Park Community Improvements Fund at the time required by Section 402(d).

(f) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (e) amended; Ord. 50-15 , Eff. 5/24/2015. Division (e) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 422.4. IMPOSITION OF COMMUNITY IMPROVEMENTS IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 422.1 et seq. to any development project requiring a building or site permit and, if Section 422.1 et seq. is applicable, the amount of Community Improvements Impact Fees required and shall impose these requirements as a condition of approval of the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Section 422.1 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Community Improvements Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to issuance of the First Certificate of

Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 422.1 et seq. that has elected to fulfill all or part of its Community Improvements Impact Fee requirement with an In-Kind

Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 422.1 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Community Improvements Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 422.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 422.5. BALBOA PARK COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Balboa Park Community Improvements Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 422.3 shall be deposited in the Fund maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.

(b) Use of Funds.

(1) Community Improvements. All monies deposited in the Fund shall be used to design, engineer, acquire, improve, and develop pedestrian and streetscape improvements, bicycle infrastructure, transit, parks, plazas and open space, as defined in the Balboa Park Community Improvements Program with the Plan Area. Funds may be used for childcare facilities that are not publicly owned or "publicly-accessible." The Fund shall be allocated in accordance with Table 422.5.

Table 422.5.

BREAKDOWN OF USE OF BALBOA PARK COMMUNITY IMPROVEMENTS FEE/FUND BY IMPROVEMENT TYPE

(2) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the purposes of administering this Fund in an amount not to exceed 5% of the total annual revenue. Administration of this Fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities if this is deemed necessary. All interest earned on this account shall be credited to the Balboa Park Community Improvements Fund.

(c) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Parks Commission to elicit public comment on proposals for the acquisition of property using monies in the Fund that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The Parks Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition and development of property acquired for park use.

t of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The Parks Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition and development of property acquired for park use.

(d) The Planning Department shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW and MTA, to develop a proposed expenditure plan and to develop agreements related to the administration of the improvements to existing public facilities and development of new public facilities within public

rights-of-way or on any acquired public property. The proposed expenditure plan shall be approved by the Board of Supervisors.

(e) The Director of Planning shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with this Section 422 et seq . The Director of Planning, as the head of the Inter-Agency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

[Former] division (d) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a)-(b)(2) amended; former divisions (c) and (d) deleted; former divisions (e)-(g) redesignated as [now former] divisions (d)-(f) and amended; Ord. 50-15 , Eff. 5/24/2015. Divisions (b)(1) and (b)(2) amended; former divisions (d)-(f) redesignated as (c)-(e); Ord. 188-15 , Eff. 12/4/2015. [EASTERN NEIGHBORHOODS IMPACT FEES AND PUBLIC BENEFITS FUND]

SEC. 423. EASTERN NEIGHBORHOODS IMPACT FEES AND PUBLIC BENEFITS FUND.

Sections 423.1 through 423.5 set forth the requirements and procedures for the Eastern Neighborhoods Impact Fee and Public Benefits Fund. The effective date of these requirements shall be either December 19, 2008, which is the date that these requirements originally became effective, or the date a subsequent modification, if any, became effective. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 423.1. PURPOSE AND FINDINGS SUPPORTING EASTERN NEIGHBORHOODS IMPACT FEES AND COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. The Board takes legislative notice of the purpose of the Eastern Neighborhoods Area Plan as articulated in the Eastern Neighborhoods Area Plan of the San Francisco General Plan. San Francisco’s Housing Element establishes the Eastern Neighborhoods as a target area for development of new housing to meet San Francisco’s identified housing targets. The release of some of the area’s formerly industrial lands, no longer needed to meet current industrial or PDR needs, offer an opportunity to achieve higher affordability, and meet a greater range of need. The Mission, Showplace Square - Potrero Hill, Central SoMa, East SoMa, Western SoMa and Central Waterfront Area Plans of the General Plan (Eastern Neighborhoods Plans) thereby call for creation of new zoning intended specifically to meet San Francisco’s housing needs, through higher affordability requirements and through greater flexibility in the way those requirements can be met, as described in Section 419. To support this new housing, other land uses, including PDR businesses, retail, office and other workplace uses will also grow in the Eastern Neighborhoods.

This new development will have an extraordinary impact on the Plan Area's already deficient neighborhood infrastructure. New development will generate needs for a significant amount of public open space and recreational facilities; transit and transportation, including streetscape and public realm improvements; community facilities and services, including child care; and other amenities, as described in the Eastern Neighborhoods Community Improvements Program, on file with the Clerk of the Board in File No. 081155.

A key policy goal of the Eastern Neighborhoods Plans is to provide a significant amount of new housing affordable to low, moderate and middle income families and individuals, along with "complete neighborhoods" that provide appropriate amenities for these new residents. The Plans obligate all new development within the Eastern Neighborhoods to contribute towards these goals, by providing a contribution towards affordable housing needs and by paying an Eastern Neighborhoods Impact Fee.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific

findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

[Former] divisions (a)(3), (d), and (e)(2) amended; Ord. 42-13 , Eff. 4/27/2013. Section header amended; former divisions (a)(1), (a)(2), and (b)(2) deleted; former divisions (a)(3), (b)(1), and (c)(1) redesignated as current division (a) and amended; new division (b) added; former divisions (c)(2)-(e)(3) deleted; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 423.2. DEFINITIONS.

In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 423.1 et seq.

(a) Eastern Neighborhoods Base Height. The Height limit immediately prior to the adoption of the following:

(1) The Eastern Neighborhoods Plan (Ordinance No. 298-08, on file with the Clerk of the Board of Supervisors in File No. 081153), regardless of subsequent changes in the Height limit, for parcels within the East SoMa Plan Area at the time of plan adoption;

(2) The Western SoMa Area Plan (Ordinance No. 41-13, on file with the Clerk of the Board of Supervisors in File No. 130001), regardless of subsequent changes in the Height limit, for parcels within the Western SoMa Area Plan at the time of plan adoption; or

(3) Ordinance No. 13-14 (on file with the Clerk of the Board of Supervisors in File No. 131161), regardless of subsequent changes in the Height limit, for parcels added to the East SoMa Plan Area by Ordinance No. 13-14.

(b) Central SoMa Base Height.

(1) For all parcels except those described in subsection (2) below, the Height limit established by the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184), regardless of subsequent changes in the Height limit.

(2) Exception for Narrow Sites. Projects on parcels in the CS Bulk District, as defined in Section 270, with a Height limit greater than 85 feet and with no street or alley frontage greater than 100 feet shall be considered for the purposes of Section 423 et seq. to have a Height limit of 85 feet regardless of the parcel’s actual Height limit.

(c) Eastern Neighborhoods Fee Tiers.

• (1) Tier 1.

• (A) All development on sites that received a height increase of eight feet or less, received no height increase, or received a reduction in height, as measured from the Eastern Neighborhoods Base Height;

• (B) The residential portion of all 100% affordable housing projects;

• (C) The residential portion of all projects within the Urban Mixed Use (UMU) district; and

• (D) All changes of use within existing structures.

• (2) Tier 2. All additions to existing structures or new construction on other sites not listed in subsection (1) above

that received a height increase of nine to 28 feet, as measured from the Eastern Neighborhoods Base Height;

• (3) Tier 3. All additions to existing structures or new construction on other sites not listed in subsection (1) above that received a height increase of 29 feet or more, as measured from the Eastern Neighborhoods Base Height.

• (d) Central SoMa Fee Tiers. For all applicable projects, the following Fee Tiers apply:

• (1) Tier A.

(A) All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit at or below 45 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(B) All development on all other sites that received a Height increase of 15 feet to 45 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

• (2) Tier B.

(A) All development on sites rezoned from SAL1 or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit of between 46 and 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(B) All development on all other sites that received a Height increase of 46 feet to 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

• (3) Tier C.

(A) For All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit above 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(B) All development on all other sites that received a Height increase of more than 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Divisions (a)(1)(A), (a)(2), and (a)(3) amended; Ord. 42-13 , Eff. 4/27/2013. Divisions (a)(1)(A) and (a)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Division (a) designation removed; former divisions (a)(1)- (a)(3) redesignated as divisions (c)(1)(c)(3) and amended; new divisions (a)-(a)(3), (b)-(b)(2), (c), and (d)- (d)(3)(B) added; Ord. 296-18, Eff. 1/12/2019.

SEC. 423.3. APPLICATION OF EASTERN NEIGHBORHOODS INFRASTRUCTURE IMPACT FEE.

(a) Application. Section 423.1 et seq. shall apply to any development project located in the Eastern Neighborhoods Program Area.

(b) Projects subject to the Eastern Neighborhoods Infrastructure Impact Fee. The Eastern Neighborhoods Infrastructure Impact Fee is applicable to any development project in the Eastern Neighborhoods Program Area which results in:

• (1) At least one net new residential unit,

• (2) Additional space in an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Additional non-residential space in excess of 800 gross square feet in an existing structure.

• (c) Fee Calculation for the Eastern Neighborhoods Infrastructure Impact Fee. For development projects for which the Eastern Neighborhoods Infrastructure Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 423.3A, and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 423.3B.

TABLE 423.3A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE EASTERN NEIGHBORHOODS PROGRAM PLAN AREAS

TABLE 423.3B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE IN THE EASTERN

NEIGHBORHOODS PROGRAM AREA

(d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Eastern Neighborhoods Infrastructure Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind

improvements meet an identified community need as analyzed in the Eastern Neighborhoods Community Improvements Program and where they substitute for improvements that could be provided by the Eastern Neighborhoods Community Improvements Fund (as described in Section 423.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Eastern Neighborhoods Area Plans (Central Waterfront, East SoMa, Western SoMa, Mission, and Showplace Square/Potrero Hill), by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this InKind Improvements Agreement.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(A) A description of the type and timeline of the proposed in-kind improvements.

(B) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(C) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Eastern Neighborhoods Infrastructure Impact Fee by the value of the proposed In-Kind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required Eastern Neighborhoods Infrastructure Impact Fee.

provements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required Eastern Neighborhoods Infrastructure Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(e) Timing of Fee Payments. The Eastern Neighborhoods Infrastructure Impact Fee shall be paid to DBI for deposit into the Eastern Neighborhoods Community Improvements Fund at the time required by Section 402(d).

(f) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to Section 406 of this Article. Additionally, office projects under 50,000 square feet, other non-residential projects, and residential projects in the Central SoMa Special Use District may reduce their required contribution to the Eastern Neighborhoods Community Improvements Fund as follows: for every gross square foot of PDR space required by Planning Code Section 202.8, the project may waive payment for four gross square feet of the Eastern Neighborhoods Infrastructure Impact Fee.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; 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. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Division (d)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Tables 423.3A and 423.3B and division (d)(1) amended; former divisions (d)(3)(i) through (iii) redesignated as (d)(3)(A) through (C); Ord. 56-13 , Eff. 4/27/2013. Division (e) amended; Ord. 50-15 , Eff. 5/24/2015. Divisions (d)(1) and (f) amended; divisions (f)(1) and (f)(2) deleted; Ord. 296-18, Eff. 1/12/2019. Division (e) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 423.4. IMPOSITION OF EASTERN NEIGHBORHOODS INFRASTRUCTURE IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 423.1 et seq. to any development project requiring a first construction document and, if Section 423.1 et seq. is applicable, the amount of Eastern Neighborhoods Infrastructure Impact Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

ing a first construction document and, if Section 423.1 et seq. is applicable, the amount of Eastern Neighborhoods Infrastructure Impact Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Section 423.1 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Eastern Neighborhoods Infrastructure Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 422.1 et seq. that has elected to fulfill all or part of its Eastern Neighborhoods Impact Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the InKind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 422.1 et seq. , either through conformance with the InKind Improvements Agreement or payment of the remainder of the Eastern Neighborhood Infrastructure Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 422.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)

SEC. 423.5. THE EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FUND.

(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Eastern Neighborhoods Community Improvements Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 423.3(e) shall be deposited in the Fund maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with the normal budgetary process to fund Community Improvements subject to the conditions of this Section. Monies collected by the Development Fee Collection Unit at DBI pursuant to Section 423.3 shall be deposited as follows:

(1) For projects located in any zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones, DBI shall deposit 100% of the funds in the Eastern Neighborhoods Community Improvements Fund maintained by the Controller.

(2) For projects located in Designated Affordable Housing Zones, DBI shall deposit 25% of the funds in the Eastern Neighborhoods Community Improvement Fund and 75% in the Citywide Affordable Housing Fund, established in Administrative Code Section 10.100-49, but the funds shall be separately accounted for and expended as provided in this Section.

(b) Use of Funds. The Fund shall be administered by the Board of Supervisors.

(1) All monies deposited in the Fund or credited against Fund obligations shall be used to design, engineer, acquire, improve, and develop public open space and recreational facilities; transit, streetscape and public realm improvements; and child care facilities. Funds may be used for childcare facilities that are not publicly owned or publicly-accessible.

(A) Funds collected from all zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones shall be allocated to accounts by improvement type according to Table 423.5.

(B) Funds collected in Designated Affordable Housing Zones, as defined in Section 401, shall be allocated to accounts by improvement type as described in Table 423.5A.

Table 423.5

BREAKDOWN OF USE OF EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FEE/FUND BY IMPROVEMENT TYPE*

• Does not apply to Designated Affordable Housing Zones, which are addressed in Table 423.5A

Table 423.5A

BREAKDOWN OF USE OF EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FEE/FUND BY IMPROVEMENT TYPE FOR DESIGNATED AFFORDABLE HOUSING ZONES

(2) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the purposes of administering this Fund in an amount not to exceed 5% of the total annual revenue. Administration of this fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, or to complete a nexus study to demonstrate or update the relationship between development and the need for public facilities, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvement. All interest earned on this account shall be credited to the Eastern Neighborhoods Community Improvements Fund.

(c) Funds shall be allocated to accounts by improvement type as described below:

(1) Funds collected from all zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones shall be allocated to accounts by improvement type according to Table 423.5. Funds collected from MUR Zoning Districts outside of the boundaries of either the East SoMa or Western SoMa Area Plans shall be allocated to accounts by improvement type according to Table 423.5.

(2) Funds collected in Designated Affordable Housing Zones, as defined in Section 401, shall be allocated to accounts by improvement type as described in Table 423.5A. For funds allocated to affordable housing, MOHCD shall expend the funds as follows:

(A) All funds collected from projects in the Mission NCT shall be expended on housing programs and projects within the Mission Area Plan boundaries.

(B) Collectively, the first $10 million in housing fees collected between the two Designated Affordable Housing Zones shall be utilized for the acquisition and rehabilitation of existing housing.

(d) The Planning Department shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW and MFA to develop a proposed expenditure plan, and to develop agreements related to the administration of the improvements to existing public facilities and development of new public facilities within public rights-of way or on any acquired public property. The proposed expenditure plan shall be approved by the Board of Supervisors.

sions, specifically the Department of Recreation and Parks, DPW and MFA to develop a proposed expenditure plan, and to develop agreements related to the administration of the improvements to existing public facilities and development of new public facilities within public rights-of way or on any acquired public property. The proposed expenditure plan shall be approved by the Board of Supervisors.

(e) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Parks Commissions to elicit public comment on proposals for the acquisition of property using monies in the Fund that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The Parks Commissions may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition and development of property acquired for park use.

(f) Within 60 days of receiving the Eastern Neighborhoods Capital Expenditure Evaluation Report as specified in Administrative Code Section 10E.2(c), the Office of the Controller shall assess whether funds collected from the Eastern Neighborhoods Community Improvement Fee are being effectively utilized for capital projects serving the Eastern Neighborhoods, and whether such projects are successfully advancing towards implementation, as set forth in the abovementioned Section. Based on this assessment, the following shall occur:

(1) If the Controller determines that the funds have been effectively utilized as set forth in Section 10E.2(c) of the Administrative Code, the Controller shall issue an affirmative finding to the Board of Supervisors and the Planning Commission certifying that the intent of this aforementioned Section is being met. No further Controller action is necessary for purposes of this Subsection.

(2) If the Controller fails to issue the certification described in Subsection (f)(1) above or if the Controller determines that the fees are not being effectively utilized as set forth in Administrative Code Section 10E.2(c) and notifies the Board of Supervisors and Planning Commission of this determination, then the following shall occur:

(A) Any project specified below within the Eastern Neighborhoods Area Plan that has not already received final and effective approvals from the Planning Department, Zoning Administrator, and/or the Planning Commission, shall require a conditional use authorization, in addition to any other approvals necessary under the Planning Code:

(i) Residential projects containing more than 10 new units that have not received issuance of their first site or building permit; or

(ii) Non-residential projects containing a net new addition or new construction of 10,000 square feet or more that have not received issuance of their first site or building permit.

(3) Elimination of interim conditional use requirement.

(A) At any time after the Controller has determined that Eastern Neighborhood impact fees are not being effectively utilized as set forth in Section 423.5(f)(2) above, or fails to certify that they are being effectively utilized as set forth in Section 423.5(f)(1), the Planning Department may provide the Controller with a newly updated or revised Eastern Neighborhoods Capital Expenditure Evaluation Report.

(B) Within 60 days of receiving an updated or revised Report, the Office of the Controller shall determine whether funds collected from the Eastern Neighborhoods Community Improvement Fee are being effectively utilized for capital projects serving the Eastern Neighborhoods consistent with the intent of the Section 10E.2(c) of the Administrative Code.

(C) If, on the basis of a new, updated, or revised Eastern Neighborhoods Capital Expenditure Evaluation Report, the Controller determines that the development impact fees collected to date are being effectively utilized as set forth in Section 423.5(f)(1) above, any projects within the Eastern Neighborhoods Plan Area that required a conditional use authorization on an interim basis as set forth in Section 423.5(f)(2) shall no longer require such conditional use authorization unless the underlying use requires conditional use authorization independently.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; 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. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 143-15 , File No. 150568, App. 8/6/2015, Eff. 9/5/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; 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. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Former Tables 423.6 and 423.6A redesignated as Tables 423.5 and 423.5A, respectively, and internal references adjusted accordingly; section references corrected throughout; Ord. 196-11 , Eff. 11/3/2011. Divisions (b)(1) and [former] (c)(3) amended; Ord. 42-13 , Eff. 4/27/2013. Division (a) and Table 423.5 note amended; Ord. 56-13 , Eff. 4/27/2013. Division (d) amended; Ord. 263-13, Eff. 12/27/2013. Section header and division (a) amended, new divisions (a)(1) and (a)(2) added; divisions (b) and (b)(1) amended; new divisions (b)(1)(A) and (b)(1)(B) added; Tables 423.5 and 423.5A amended; divisions (b)(2)-(c)(2)(B) amended; former division (c)(3) deleted; divisions (d) and (e) amended; former divisions (f) and (g) deleted; former divisions (h)-(h)(C)(iii) redesignated as (f)-(f)(3)(C) and internal references adjusted accordingly; current divisions (f), (f)(3)(B), and (f)(3)(C) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a)(2) amended; Ord. 143-15 , Eff. 9/5/2015. Division (a), Table 423.5A, and divisions (b)(2) and (c)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Table 423.5A amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Division (c)(2) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (b)(1)(B) and (c)(2) amended; division (c)(2)(B) deleted; Ord. 296-18, Eff. 1/12/2019. Division (c)(2)(C) redesignated as (c)(2)(B); Ord. 63-20, Eff. 5/25/2020.

[VAN NESS & MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE]

SEC. 424. VAN NESS & MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.

Sections 424.1 through 424.5, hereafter referred to as Section 424.1 et seq. , set forth the requirements and procedures for the Van Ness and Market Affordable Housing and Neighborhood Infrastructure Program. The effective date of these requirements shall be either May 30, 2008, which is the date that the requirements original became effective, or the date a subsequent modification, if any, became effective.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Section header amended; Ord. 136-21, Eff. 9/4/2021. Section affirmed; Ord. 210-21, Eff. 12/20/2021.

SEC. 424.1. FINDINGS SUPPORTING THE VAN NESS & MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.

(a) Affordable Housing. The Van Ness and Market Residential Special Use District ("SUD") enables the creation of a very dense residential neighborhood through significant increases in development potential. This increase in development potential permits an increase in market rate housing development. As described in Section 415.1, affordable housing is a priority for San Francisco and additional demand for affordable housing is closely correlated to the development of new market rate housing. At the direction of the Board of Supervisors and as part of a larger analysis of development impact fees in the City, the City contracted with Keyser Marston Associates to prepare a nexus analysis in support of the Inclusionary Housing Program, or an analysis of the impact of development of market rate housing on affordable housing supply and demand.

The City's Inclusionary Housing Program including the in-lieu fee provision which is offered as an alternative to building units within market rate projects, is not subject to the requirements of the Mitigation Fee Act, Government Code Sections 66000 et seq. Notwithstanding this policy, as an additional support measure, the City prepared a nexus study consistent with the Mitigation Fee Act to determine whether the Inclusionary Affordable Housing Program was supported by such analysis. The final nexus study can be found in the Board of Supervisors File and is incorporated by reference herein. The Board of Supervisors has reviewed the study and the Department's analysis and report of the study and, on that basis finds that the nexus study supports the current Inclusionary Affordable Housing Program requirements as specified in this Section 424.1 et seq. combined with this Affordable Housing Floor Area Ratio ("FAR") Bonus Program. Specifically, the Board finds that the nexus study: identifies the purpose of the fee to mitigate impacts on the demand for affordable housing in the City; identifies the use to which the fee is to be put as being to increase the City's affordable housing supply; and establishes a reasonable relationship between the use of the fee for affordable housing and the need for affordable housing and the construction of new market rate housing. Moreover, the Board finds that the current

inclusionary requirements combined with the Affordable Housing FAR Bonus Program are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The Board also finds that the study establishes that the current inclusionary requirements combined with the Affordable Housing FAR Bonus Program do not duplicate other City requirements or fees.

Moreover, according to the study undertaken by Seifel Consulting at the direction of the Planning Department, increased development potential in the Van Ness and Market Downtown Residential Special Use district through the increased FAR allowance enables an increased contribution to the Citywide Affordable Housing Fund without discouraging the development of new market rate housing. A copy of said study is on file with the Clerk of the Board of Supervisors.

ng at the direction of the Planning Department, increased development potential in the Van Ness and Market Downtown Residential Special Use district through the increased FAR allowance enables an increased contribution to the Citywide Affordable Housing Fund without discouraging the development of new market rate housing. A copy of said study is on file with the Clerk of the Board of Supervisors.

(b) Neighborhood Infrastructure. The Van Ness & Market Residential SUD enables the creation of a very dense residential neighborhood in an area built for back-office and industrial uses. Projects that seek the FAR bonus above the maximum cap would introduce a very high localized density in an area generally devoid of necessary public infrastructure and amenities, as described in the Market and Octavia Area Plan. While envisioned in the Plan, such projects would create localized levels of demand for open space, streetscape improvements, and public transit above and beyond the levels both existing in the area today and funded by the Market and Octavia Community Improvements Fee. Such projects also entail construction of relatively taller or bulkier structures in a concentrated area, increasing the need for offsetting open space for relief from the physical presence of larger buildings. Additionally, the FAR bonus provisions herein are intended to provide an economic incentive for project sponsors to provide public infrastructure and amenities that improve the quality of life in the area. The bonus allowance is calibrated based on the cost of responding to the intensified demand for public infrastructure generated by increased densities available through the FAR density bonus program.

The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.

(c) Public Improvements. The public improvements acceptable in exchange for granting the FAR bonus, and that would be necessary to serve the additional population created by the increased density, are listed below. All public improvements shall be consistent with the Market and Octavia Area Plan.

(1) Open Space Acquisition and Improvement. Open Spaces (as described in the Market and Octavia Area Plan), or other open space of comparable size and performance. Open space shall be dedicated for public ownership or permanent easement for unfettered public access and improved for public use, including landscaping, seating, lighting, and other amenities.

(2) Complete Streets. Pedestrian and Streetscape improvements and Bicycle Infrastructure within the Special Use District as described in the Market and Octavia Area Plan, including Van Ness and South Van Ness Avenues, Gough, Mission, McCoppin, Market, Otis, Oak, Fell, Valencia, 11th, 12th, and 13th Streets, along with adjacent alleys. Improvements include sidewalk widening, landscaping and trees, lighting, seating and other street furniture (e.g., newsracks, kiosks, bicycle racks), signage, transit stop and subway station enhancements (e.g., shelters, signage, boarding platforms), roadway and sidewalk paving, public art and living alleys.

(3) Affordable Housing. The type of affordable housing needed in San Francisco is documented in the City’s Consolidated Plan and the Housing Element of the General Plan. New affordable rental housing and ownership housing affordable to households earning less than the median income is greatly needed in San Francisco.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Section header amended; former divisions A.-C. redesignated as (a)-(c); divisions (b) and (c)(2) amended; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Section header and divisions (c)(1)-(3) amended; Ord. 126-20, Eff. 8/31/2020. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 424.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)

SEC. 424.3. APPLICATION OF VAN NESS & MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.

(a) Application and Timing of Fee Payments. Section 424.1 et seq. shall apply to any development project located in the Van Ness & Market Residential Special Use District, as established in Section 249.33 of this Code, except as provided under Section 406(k) of this Code. The Fee shall be paid to DBI for deposit into either the Van Ness and Market Downtown Residential Special Use District Affordable Housing Fund or the Van Ness and Market Downtown Residential Special Use District Infrastructure Fund, as applicable, at the time required by Section 402(d) of this Code.

(b) Amount of Fee.

(1) All uses in any development project within the Van Ness & Market Residential Special Use District shall pay $30.00 per net additional gross square foot of floor area in any portion of building area exceeding the base development site FAR of 6:1 up to a base development site FAR of 9:1.

(2) All uses in any development project within the Van Ness & Market Residential Special Use District shall pay $15.00 per net additional gross square foot of floor area in any portion of building area exceeding the base development site FAR of 9:1.

(c) Option for In-Kind Provision of Infrastructure Improvements and Fee Credits. Project sponsors may propose

to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver from the neighborhood infrastructure portion ($15.00 per net additional gross square foot of floor area) of the Van Ness & Market Residential Special Use District Affordable Housing and Neighborhood Infrastructure Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Van Ness & Market Affordable Housing and Neighborhood Infrastructure Program and where they substitute for improvements that could be provided by the Van Ness & Market Residential Special Use District Infrastructure Fee Fund (as described in Section 424.5). The City may reject in-

kind improvements if they are not consistent with the priorities identified in the Van Ness & Market Affordable Housing and Neighborhood Infrastructure Program. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement. (2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(i) A description of the type and timeline of the proposed in-kind improvements.

(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(iii) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the neighborhood infrastructure portion of the Van Ness & Market Residential Special Use District Affordable Housing and Neighborhood Infrastructure Fee by the value of the proposed InKind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required neighborhood infrastructure portion of the Van Ness & Market Affordable Housing and Neighborhood Infrastructure Fee. (5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvement Agreement.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025)

AMENDMENT HISTORY

Division (a) amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) amended; Ord. 63-20, Eff. 5/25/2020. Section header and division (a) amended; divisions (b)(i)-(ii) redesignated as (b)(1)-(2) and amended; divisions (c), (c)(1), and (c)(4) amended; Ord. 126-20, Eff. 8/31/2020. Division (a) amended; Ord. 188-25, Eff. 11/6/2025.

SEC. 424.4. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT AFFORDABLE HOUSING FUND.

(a) That portion of gross floor area subject to the $30 per gross square foot fee referenced in Section 424.3(b)(1) above shall be deposited into the special fund maintained by the Controller called the Citywide Affordable Housing Fund established by Section 413.9. Except as specifically provided in this Section, collection, management, enforcement, and expenditure of funds shall conform to the requirements related to in-lieu fees in Planning Code Section 415.1 et seq. , specifically including, but not limited to, the provisions of Section 415.7.

(b) Priorities for SUD Affordable Housing Fees Implementation. In order to increase the supply of housing Affordable to Qualifying Households in the Market and Octavia Plan Area, the Upper Market NCT District, and to the City, the following is the prioritization of the use of these fees;

(1) First, to increase the supply of housing Affordable to Qualifying Households in the Van Ness & Market Residential Special Use District;

(2) Second, to increase the supply of housing Affordable to Qualifying Households within one mile of the boundaries of the Market and Octavia Area Plan;

(3) Third, to increase the supply of housing Affordable to Qualifying Households in the City and County of San Francisco.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY

Amended to update reference; Ord. 251-19, Eff. 12/16/2019. Section header amended; division (a) designated and amended; divisions (b)-(b)(3) added; Ord. 126-20, Eff. 8/31/2020. Divisions (a) and (b)-(b)(3) amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 424.5. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT INFRASTRUCTURE FUND.

(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Van Ness and Market Neighborhood Infrastructure Fund ("Fund"). That portion of Gross Floor Area subject to the $15.00 per gross square foot fee referenced in Section 424.3(b)(ii) above shall be deposited into the Fund, maintained by the Controller. The receipts of the Fund are hereby appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.

Table 424.5A.

Breakdown of Use of Van Ness and Market Neighborhood Infrastructure Fund

by Infrastructure Type

(1) Infrastructure. All monies deposited in the Fund, plus accrued interest, shall be used solely to design, engineer, acquire and develop neighborhood recreation and open space, pedestrian amenities and streetscape improvements, and bicycle infrastructure that result in new publicly-accessible facilities. First priority should be given to projects within the Van Ness & Market Residential Special Use District. Second Priority should be given to projects within the Market and Octavia Plan Area or within 1,250 feet of the Plan Area. These improvements shall be consistent with the Market and Octavia Area Plan of the General Plan and any Plan that is approved by the Board of Supervisors in the future for the area covered by the Van Ness & Market Residential Special Use District, except that monies from the Fund may be used by the Planning Commission to commission studies to revise the fee above, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvements.

(2) No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity.

(3) At the close of a fiscal year in which the Market and Octavia Community Improvements Program has generated funding for no less than $211 million of expenditures in the plan area, including revenue generated through this Section 424.1 et seq. , Section 421 fee payments, in-kind improvements, public grants, San Francisco general funds, assessment districts, and other sources which contribute to the overall programming, all future funds generated through Section 424.1 et seq. shall be redirected 100% to the Citywide Affordable Housing Fund.

(4) Expenditure of funds shall be coordinated with appropriate City agencies as detailed in Section 421.5.

(5) The Director shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with Section 424.1 et seq. The Director of Planning, as the head of the Interagency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

AMENDMENT HISTORY

Former divisions (a)(i)-(vi) redesignated as (a)(1)-[former] (a)(6); [former] division (a)(3) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a) and (a)(1) amended; former division (a)(3) deleted; former divisions (a)(4)-(6) redesignated as (a)(3)-(5) and amended; Ord. 50-15 , Eff. 5/24/2015. Division (a) and Table 424.5A amended; Ord. 188-15 , Eff. 12/4/2015. Section header and division (a)(1) amended; Ord. 126-20, Eff. 8/31/2020.

[TRANSIT CENTER DISTRICT]

SEC. 424.6. TRANSIT CENTER DISTRICT OPEN SPACE IMPACT FEE AND FUND.

Sections 424.6.1 through 424.6.4 set forth the requirements and procedures for the Transit Center District Open Space Impact Fee and Fund. The effective date of these requirements shall be the effective date of this Ordinance or the date a subsequent modification, if any, became effective.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 424.6.1. FINDINGS.

(a) General. Existing public park and recreational facilities located in the downtown area are at or approaching capacity utilization by the population of the area. There is substantial additional population density, both employment and residential, planned and projected in the Transit Center District. This district, more than other parts of the downtown, is lacking in existing public open space amenities to support population growth. The need for additional public park and recreation facilities in the downtown area, and specifically in the Transit Center District, will increase as the population increases due to continued office, retail, institutional, and residential development. Additional population will strain and require improvement of existing open spaces both downtown and citywide, and will necessitate the acquisition and development of new public open spaces in the immediate vicinity of the growth areas. While the open space requirements imposed on individual commercial developments address the need for plazas and other local outdoor sitting areas to serve employees and visitors in the districts, and requirements imposed on individual residential developments address the need for small-scale private balconies, terraces, courtyards or other minor common space such as can be accommodated on individual lots, such open space cannot provide the same recreational opportunities as a public park. In order to provide the City and County of San Francisco with the financial resources to acquire and develop public park and recreation facilities necessary to serve the burgeoning population in the downtown area, a Transit Center District Open Space Fund shall be established as set forth herein. The Board of Supervisors adopts the findings of the the[1] San Francisco Citywide

Nexus Analysis (“Nexus Analysis”), on file with the Clerk of the Board in File No. 230764, in accordance with the California Mitigation Fee Act, Government Code Section 66001(a).

(b) Transit Center District Open Space Impact Fee. Development impact fees are an effective approach to mitigate impacts associated with growth in population. The proposed Transit Center District Open Space Impact Fee shall be dedicated to fund public open space improvements in the Transit Center District Plan Area and adjacent downtown areas that will provide direct benefits to the property developed by those who pay into the fund, by providing necessary open space improvements needed to serve new development.

The Planning Department has calculated the fee rate using accepted professional methods for calculating such fees. The calculations are described fully in the Nexus Analysis, on file with the Clerk of the Board in File No. 230764.

The proposed fee, in combination with the Downtown Park Fee established in Section 412 et seq. , is supported by the Nexus Analysis..1 While no project sponsor would be required to pay more than the maximum amount justified for that project as calculated in the Nexus Study, the Transit Center District Open Space Fee is tiered such that denser projects are assessed higher fees because it is economically feasible for such projects to pay a higher proportion of the maximum justified amount. The proposed fee covers impacts caused by new development only and is not intended to remedy existing deficiencies. The cost to remedy existing deficiencies will be paid for by public, community, and other private sources as described in the Nexus Analysis and the Transit Center District Plan Program Implementation Document. Impact fees are only one of many revenue sources funding open space in the Plan Area.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY Section amended; Ord. 193-23, Eff. 10/16/2023. CODIFICATION NOTE 1. So in Ord. 193-23.

SEC. 424.6.2. APPLICATION OF TRANSIT CENTER DISTRICT OPEN SPACE IMPACT FEE.

(a) Application. Sections 424.6 et seq. shall apply to any development project located in the C-3-O(SD) District and meeting the requirements of subsection (b) below.

(b) Projects subject to the Transit Center District Open Space Impact Fee. The Transit Center District Open Space Impact Fee is applicable to any development project in the C-3-O(SD) District which results in:

• (1) At least one net new residential unit,

• (2) Addition of space to an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Addition of space to an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Addition of non-residential space in excess of 800 gross square feet to an existing structure.

• (7) Conversion of existing space to a different use where the project's total fee as calculated according to subsection

• (c) below would exceed the total fee for the uses being replaced.

(c) Fee Calculation for the Transit Center District Open Space Impact Fee. For development projects for which the Transit Center District Open Space Impact Fee is applicable, the corresponding fee for net addition of gross square feet is listed in Table 424.6A. Where a development project includes more than one land use, the overall proportion of each use relative to other uses on the lot shall be used to calculate the applicable fees regardless of the physical distribution or location of each use on the lot. Where a project proposes conversion of existing space to a different use, the Director shall specify the fee amount based on a Guidance Statement or other document establishing the methodology for calculating fees.

rall proportion of each use relative to other uses on the lot shall be used to calculate the applicable fees regardless of the physical distribution or location of each use on the lot. Where a project proposes conversion of existing space to a different use, the Director shall specify the fee amount based on a Guidance Statement or other document establishing the methodology for calculating fees.

(1) Base Fee. The fee listed in Column A shall be assessed on all applicable gross square footage for the entire development project.

(2) Projects Exceeding FAR of 9:1. For development projects that result in the Floor Area Ratio on the lot exceeding 9:1, the fee listed in Column B shall be assessed on all applicable gross square footage on the lot above an FAR of 9:1.

TABLE 424.6A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE TRANSIT CENTER DISTRICT AREA

(d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Transit Center District Open Space Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Transit Center District Plan Implementation Program Document and where they substitute for improvements that could be provided by the Transit Center District Open Space Fund (as described in Section 424.6.4). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Transit Center District Plan, by the Interagency Plan Implementation Committee (see Chapter 36 of the Administrative Code), or other prioritization processes related to Transit Center District improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

er District Plan, by the Interagency Plan Implementation Committee (see Chapter 36 of the Administrative Code), or other prioritization processes related to Transit Center District improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

For a development project on Assessor's Block 3720 Lot 009, an In-Kind Agreement may be approved which credits the project for public open space improvements constructed by either the sponsor of the development project or by the Transbay Joint Powers Authority, in accordance with the Transit Center District Plan Implementation Program Document. (2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. A detailed site-specific cost estimate for a planned improvement prepared by the City or the Transbay Joint Powers Authority may satisfy the requirement for cost estimates provided that the estimate is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(A) A description of the type and timeline of the proposed in-kind improvements.

(B) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(C) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. The Planning Commission shall hear and consider the recommendation of the Interagency Plan Implementation Committee, as established in Chapter 36 of the Administrative Code, in deciding whether to approve or disapprove any In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning shall be authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Transit Center District Open Space Impact Fee equivalent to the value of the improvements proposed in the In-Kind Agreement. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the credit for the improvements proposed in the In-Kind Improvements Agreement shall not exceed the required Transit Center District Open Space Impact Fee.

he In-Kind Agreement. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the credit for the improvements proposed in the In-Kind Improvements Agreement shall not exceed the required Transit Center District Open Space Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(e) Timing of Fee Payments. The Transit Center District Open Space Impact Fee is due and payable to the Development Fee Collection Unit at DBI consistent with timing set forth in Section 107A.13.3 of the San Francisco Building Code.

(f) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025) AMENDMENT HISTORY

Former divisions (d)(3)(i)-(iii) redesignated as (d)(3)(A)-(C); Ord. 56-13 , Eff. 4/27/2013. Division (e) amended; Ord. 5015 , Eff. 5/24/2015. Former division (c)(3) deleted; Ord. 188-15 , Eff. 12/4/2015. Division (e) amended; Ord. 196-25, Eff. 11/24/2025.

SEC. 424.6.3. IMPOSITION OF TRANSIT CENTER DISTRICT OPEN SPACE IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Sections 424.6 et seq. to any development project requiring a first construction document and, if Sections 424.6 et seq. is applicable, the Department shall determine the amount of Transit Center District Open Space Impact Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Sections 424.6 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Transit Center District Open Space Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

pment project subject to the requirements of Sections 424.6 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Transit Center District Open Space Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Sections 424.6 et seq . that has elected to fulfill all or part of its Transit Center District Open Space Impact Fee requirement with an In-Kind

Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Sections 424.6 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Transit Center District Open Space Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code .

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Sections 424.6 et seq . and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 424.6.4. THE TRANSIT CENTER DISTRICT OPEN SPACE FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Transit Center District Open Space Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 424.6.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section.

(b) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board of Supervisors.

(1) All monies deposited in the Fund shall be used to design, engineer, acquire, and develop and improve both new and existing public open spaces and recreational facilities in the Transit Center District Plan Area, the greater downtown, and citywide as established in the Transit Center District Plan and the Transit Center District Plan Implementation Program Document and supported by the findings of the Downtown Open Space Nexus Study.

l be used to design, engineer, acquire, and develop and improve both new and existing public open spaces and recreational facilities in the Transit Center District Plan Area, the greater downtown, and citywide as established in the Transit Center District Plan and the Transit Center District Plan Implementation Program Document and supported by the findings of the Downtown Open Space Nexus Study.

(2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Transit Center District Plan Implementation Program Document, and to defend the Transit Center District Open Space Impact Fee against legal challenge, including the legal costs and attorney's fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Transit Center District Open Space Fund.

(3) All funds are justified and supported by the Downtown Open Space Nexus Study, San Francisco Planning Department, Case No. 2007.05558U. Implementation of the Fee and Fund are monitored according to the Downtown Plan Monitoring Program required by the Administrative Code Section 10E.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY Former division (c) deleted; Ord. 188-15 , Eff. 12/4/2015.

SEC. 424.7. TRANSIT CENTER DISTRICT TRANSPORTATION AND STREET IMPROVEMENT IMPACT FEE AND FUND.

Sections 424.7.1 through 424.7.4 set forth the requirements and procedures for the Transit Center District Transportation and Street Improvement Impact Fee and Fund. The effective date of these requirements shall be either the effective date of

this Ordinance or the date a subsequent modification, if any, became effective. (Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 424.7.1. FINDINGS.

(a) General. New development in the Transit Center District Plan area will create substantial new burdens on existing streets and transportation systems and require the need for new and enhanced transportation services and improvements to rights-of-way for all modes of transportation. The downtown is a very dense urban environment with limited roadway capacity and is already substantially congested and impacted by existing patterns of movement. To accommodate the substantial growth anticipated in the Transit Center District Plan Area, public transit investments must be made, circulation patterns adjusted, and limited right-of-way space reallocated such that trips to and through the area are primarily made by public transit, walking, bicycling, and carpooling and such that these modes are enabled to maintain or improve efficiency and attractiveness in the face of increasing traffic congestion. The Transit Center District Plan identified necessary investments and improvements to achieve these modal objectives and ensure that growth in trips resulting from new development and population increase in the Plan area does not degrade existing services. The San Francisco Citywide Nexus Analysis (“Nexus Analysis”), on file with the Clerk of the Board in File No. 230764, calculated the proportional share of the cost of these improvements attributable to new growth based on accepted professional standards. The investments and improvements identified in the Transit Center District Plan and allocated in the nexus study are distinct and in addition to improvements and services related to the Transit Impact Development Fee (TIDF) imposed by Section 411 et seq. Whereas the TIDF funds improvements to SFMTA Municipal Railway public transit services and facilities to provide sufficient capacity required to serve new development, the Transit Center District Transportation and Street Improvement Fee covers impacts of new development in the District on regional transit services and facilities that are distinct from and in addition to the need for SFMTA public transit services, and that will not funded by the TIDF, including necessary improvements to area streets to facilitate increases in all modes of transportation due to development, including walking, bicycling, and carpooling, and to regional transit facilities, including the Downtown Rail Extension and downtown BART stations. The Board finds that there is no duplication in these two fees. To provide the City and County of San Francisco and regional transit agencies with the financial resources to provide transportation facilities and street improvements necessary to serve the burgeoning population of downtown San Francisco, a Transit Center District Transportation and Street Improvement Fund shall be established as set forth herein. The Board of Supervisors adopts the findings of the Nexus Analysis, in accordance with the California Mitigation Fee Act, Government Code Section 66001(a).

to provide transportation facilities and street improvements necessary to serve the burgeoning population of downtown San Francisco, a Transit Center District Transportation and Street Improvement Fund shall be established as set forth herein. The Board of Supervisors adopts the findings of the Nexus Analysis, in accordance with the California Mitigation Fee Act, Government Code Section 66001(a).

(b) Transit Center District Transportation and Street Improvement Impact Fee. Development impact fees are an effective approach to mitigate impacts associated with growth in population. The proposed Transit Center District Transportation and Street Improvement Impact Fee shall be dedicated to public transportation and public street improvements in the Transit Center District Plan Area and adjacent downtown areas that will provide direct benefits to the property developed by those who pay into the fund, by providing necessary transportation and street improvements needed to serve new development.

The fee rate has been calculated by the Planning Department based on accepted professional methods for the calculation of such fees, and described fully in the Nexus Analysis, on file with the Clerk of the Board in File No. 230764. The proposed fee established in Sections 424.7 et seq. , is less than the maximum justified fee amount as calculated by the Nexus Analysis necessary to provide transportation and street improvements to increasing population in the area. While no project sponsor would be required to pay more than the maximum amount justified for that project as calculated in the Nexus Study, the Transit Center District Transportation and Street Improvement Fee is tiered such that denser projects are assessed higher fees because it is economically feasible for such projects to pay a higher proportion of the maximum justified amount. The proposed fee covers only the demand for transportation and street improvements created by new development and is not intended to remedy existing deficiencies. The cost to remedy existing deficiencies will be

paid for by public, community, and other private sources as described in the Nexus Analysis and the Transit Center District Plan Implementation Document. Impact fees are only one of many revenue sources necessary to provide transportation and street improvements in the Plan Area.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY Section amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 424.7.2. APPLICATION OF TRANSIT CENTER DISTRICT TRANSPORTATION AND STREET IMPROVEMENT IMPACT FEE.

(a) Application. Sections 424.7 et seq. shall apply to any development project located in the C-3-O(SD) District and meeting the requirements of subsection (b) below.

(b) Projects subject to the Transit Center District Transportation and Street Improvement Impact Fee. The

Transit Center District Transportation and Street Improvement Impact Fee is applicable to any development project in the C-3-O(SD) District which results in:

• (1) At least one net new residential unit,

• (2) Addition of space to an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Addition of space to an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Addition of non-residential space in excess of 800 gross square feet to an existing structure.

• (7) Conversion of existing space to a different use where the project's total fee as calculated according to subsection

• (c) below would exceed the total fee for the uses being replaced.

(c) Fee Calculation for the Transit Center District Transportation and Street Improvement Impact Fee. For

development projects for which the Transit Center District Transportation and Street Improvement Impact Fee is applicable the corresponding fee for net addition of gross square feet is listed in Table 424.7A. Where a development project includes more than one land use, the overall proportion of each use relative to other uses on the lot shall be used to calculate the applicable fees regardless of the physical distribution or location of each use on the lot. If necessary, the Director shall issue a Guidance Statement clarifying the methodology of calculating fees.

(1) Transit Delay Mitigation Fee. The fee listed in Column A shall be assessed on all applicable gross square footage for the entire development project.

(2) Base Fee. The fee listed in Column B shall be assessed on all applicable gross square footage for the entire development project.

(3) Projects Exceeding FAR of 9:1. For development projects that result in the Floor Area Ratio on the lot exceeding 9:1, the fee listed in Column C shall be assessed on all applicable gross square footage on the lot above an FAR of 9:1.

(4) Projects Exceeding FAR of 18:1. For development projects that result in the Floor Area Ratio on the lot exceeding 18:1, the fee listed in Column D shall be assessed on all applicable gross square footage on the lot above an FAR of 18:1.

TABLE 424.7A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE TRANSIT CENTER DISTRICT AREA

Use Column A Column B Column C Column D

(d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Transit Center District Transportation and Street Improvement Impact Fee from the Planning Commission, subject to the following rules and requirements:

ommunity Improvements and Fee Credits.** Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Transit Center District Transportation and Street Improvement Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Transit Center District Plan Implementation Document and where they substitute for improvements that could be provided by the Transit Center District Transportation and Street Improvement Fund (as described in Section 424.7.4). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Transit Center District Plan, by the Interagency Plan Implementation Committee (see Chapter 36 of the Administrative Code), or other prioritization processes related to Transit Center District improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

(A) For a development project on Assessor's Block 3720 Lot 009, an in-kind agreement may be approved that credits the project for street and transportation improvements constructed by either the sponsor of the development project or by the Transbay Joint Powers Authority.

(B) The Planning Commission may not grant an in-kind agreement to waive or provide improvements in-lieu of paying the Transit Delay Mitigation Fee required by subsection (c)(1) above.

(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. A detailed site-specific cost estimate for a planned improvement prepared by the City or the Transbay Joint Powers Authority may satisfy the requirement for cost estimates provided that the estimate is indexed to current cost of construction.

(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:

(A) A description of the type and timeline of the proposed in-kind improvements.

(B) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above.

(C) The legal remedies in the case of failure by the project sponsor to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.

(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. The Planning Commission shall hear and consider the recommendation of the Interagency Plan Implementation Committee, as established in Chapter 36 of the Administrative Code, in deciding whether to approve or disapprove any In-Kind

Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning shall be authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Transit Center District Transportation and Street Improvement Impact Fee equivalent to the value of the improvements proposed in the In-Kind Agreement. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the credit for the improvements proposed in the In-Kind Improvements Agreement shall not exceed the required Transit Center District Transportation and Street Improvement Impact Fee.

(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.

(e) Timing of Fee Payments. The Transit Center District Transportation and Street Improvement Impact Fee is due and payable to the Development Fee Collection Unit at DBI consistent with the timing set forth in Section 107A.13.3 of the San Francisco Building Code.

(f) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article. No waiver or reduction may be granted for the Transit Delay Mitigation Fee required by subsection (c)(1) above.

(Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025)

AMENDMENT HISTORY

Division (e) amended; Ord. 50-15 , Eff. 5/24/2015. Former division (c)(5) deleted; Ord. 188-15 , Eff. 12/4/2015. Division (e) amended; Ord. 196-25, Eff. 11/24/2025.

SEC. 424.7.3. IMPOSITION OF TRANSIT CENTER DISTRICT TRANSPORTATION AND STREET IMPROVEMENT IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Sections 424.7 et seq. to any development project requiring a first construction document and, if Sections 424.7 et seq. is applicable, the amount of Transit Center District Transportation and Street Improvement Impact Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Sections 424.7 et seq. , the Department shall notify the

Development Fee Collection Unit at DBI of its final determination of the amount of Transit Center District Transportation and Street Improvement Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Sections 424.7 et seq. that has elected to fulfill all or part of its Transit Center District Transportation and Street Improvement Impact Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section Sections 424.7 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Transit Center District Transportation and Street Improvement Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code .

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Sections 424.7 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 424.7.4. THE TRANSIT CENTER DISTRICT TRANSPORTATION AND STREET IMPROVEMENT FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Transit Center District Transportation and Street Improvement Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 424.7.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section.

(b) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board of Supervisors.

(1) All monies deposited in the Fund shall be used to study, design, engineer, develop and implement transportation infrastructure, facilities, equipment, services and programs as well as improvements to public streets, in the Transit Center District Plan Area and the greater downtown as established in the Transit Center District Plan and the Transit Center District Implementation Program Document and supported by the findings of the Transit Center District Plan Transportation and Street Improvement Nexus Study. Fees paid pursuant to the Transit Delay Mitigation Fee required by Section 424.7.2(c)(1) must be held in a separate account for use for the mitigation purposes defined in the Final Transit Center District Plan Environmental Impact Report, San Francisco Planning Department Case Number 2007.0558E.

(2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Transit Center District Implementation Program Document, and to defend the Transit Center District Transportation and Street Improvement Impact Fee against legal challenge, including the legal costs and attorney's fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Transit Center District Transportation and Street Improvement Fund.

(3) All funds are justified and supported by the Transit Center District Plan Transportation and Street Improvement Nexus Study, San Francisco Planning Department, Case No. 2007.0558U. Implementation of the Fee and Fund shall be monitored according to the Downtown Plan Monitoring Program required by the Administrative Code Section 10E. (Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Former division (c) deleted; Ord. 188-15 , Eff. 12/4/2015.

SEC. 424.8. TRANSIT CENTER DISTRICT MELLO ROOS COMMUNITY FACILITIES DISTRICT PROGRAM.

(a) Purpose. New construction that increases the density of the downtown area, and the C-3-O(SD) district in particular, will require the City to invest in substantial new infrastructure and services. By increasing height limits, relieving density and floor area ratio limitations, reducing requirements for acquisition of Transferrable Development Rights, and making other regulatory changes to the C-3-O(SD) district, the Transit Center District Plan, confers substantial benefits on properties in the district. In order to exceed base densities in the district, the City will require sufficient

funding to supplement other applicable impact fees for infrastructure, improvements and services as described in the Transit Center District Implementation Document, including but not limited to the Downtown Extension of rail into the Transit Center, street improvements, and acquisition and development of open spaces.

(b) Requirement. Any development on any lot in the C-3-O(SD) district that meets the applicability criteria of subsection (c) below shall participate in the Transit Center District Mello Roos Community Facilities District ("CFD") and successfully annex the lot or lots of the subject development into said CFD prior to the issuance of the first Temporary Certificate of Occupancy for the development.

(c) Applicability. A development on any lot in the C-3-O(SD) District meeting any one of the following criteria shall be subject to the requirements of this Section 424.8.

(1) The proposed project causes the development on the subject lot to exceed a floor area ratio of 9:1; or

(2) The proposed project would create a structure that exceeds the height limit that was applicable to the subject lot prior to the effective date of this Ordinance.

(d) Notwithstanding Subsection (c) above, net additions of less than 20,000 gross square feet to existing buildings shall be exempt from the requirements of this Section, unless said addition results in a lot that exceeds a floor area ratio of 18:1. (Added by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

[VAN NESS & MARKET COMMUNITY FACILITIES FEE AND FUND]

SEC. 425. VAN NESS & MARKET COMMUNITY FACILITIES FEE AND FUND.

Sections 425.1 through 425.4 set forth the requirements and procedures for the Van Ness & Market Community Facilities Fee and Fund.

(Added by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

(Former Sec. 425 added by Ord. 108-10, File No. 091275, App. 5/25/2010; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 425.1. PURPOSE AND FINDINGS.

(a) Purpose. New development in the Van Ness & Market Residential Special Use District will increase the resident populations, generating new demand for use of community facilities, such as cultural facilities, health clinics, services for people with disabilities, and job training centers. New revenues to fund investments in community services are necessary to maintain the existing level of service. This fee will generate revenue that will be used to ensure an expansion in community service facilities as new development occurs in the Van Ness & Market Residential Special Use District area.

(b) Findings. In adopting the amendments to the Market and Octavia Area Plan (Ordinance No. 125-20), on file with the Clerk of the Board of Supervisors in File No. 200557, and corresponding amendments to the Planning Code (Ordinance No. 126-20 on file with the Clerk of the Board of Supervisors in File No. 200559), the Board of Supervisors reviewed the Central SoMa Community Facilities Nexus Study, prepared by Economic & Planning Systems and dated March 2016, as well as the Hub Community Facilities Nexus Memo, prepared by the Planning Department and dated June 29, 2020 (collectively the “Nexus Study” for the purposes of Sections 425 et seq. ). The Board of Supervisors reaffirms the findings and conclusions of the Nexus Study as they relate to the impact of new development in the Van Ness & Market Special Use District on community services facilities and hereby adopts the findings contained in the Nexus Study. (Added by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

SEC. 425.2. APPLICATION OF FEES.

(a) Applicable Projects. Except as provided under Section 406(k) of this Code, the Van Ness & Market Community Facilities Fee is applicable to any development project within the Van Ness & Market Residential Special Use District, described in Section 249.33 of this Code, that:

(1) Includes new construction, or an addition of space, in excess of 800 gross square feet of residential use; or

(2) Converts 800 gross square feet or more of existing structure(s) from non-residential to residential use.

(b) Fee Calculation. For applicable projects, the fee is $1.16 per net additional gross square foot of residential use or gross square foot of space converted from non-residential to residential use.

(c) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to provide community improvements directly to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a partial or total fee waiver for the Van Ness & Market Community Facilities Fund from the Planning Commission, subject to the following rules and requirements:

Provision of Community Improvements and Fee Credits. Project sponsors may propose to provide community improvements directly to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a partial or total fee waiver for the Van Ness & Market Community Facilities Fund from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Improvements Agreement unless the proposed in-kind improvements meet an identified community need for cultural/arts facilities, social welfare facilities, or community health facilities, as described in the Nexus Study. In addition, the City may reject in-kind improvements if they are not consistent with the priorities identified in the Market & Octavia Area Plan; the priorities identified by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or the Market & Octavia Citizens Advisory Committee; or other prioritization processes related to the Market & Octavia Area Plan community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of an In-Kind Improvements Agreement.

(2) Valuation, Content, Approval Process, and Administrative Costs. The valuation, content, approval process, and administrative costs shall be undertaken pursuant to the requirements of subsections 421.3(d)(2) through 421.3(d)(5).

(d) Timing of Fee Payments. The fee shall be due and payable to the Development Fee Collection Unit at DBI consistent with the timing set forth in Section 107A.13.3 of the San Francisco Building Code.

(e) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to Section 406.

(Added by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; amended by Ord. 188-25, File No. 250680, App. 10/6/2025, Eff. 11/6/2025; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025) AMENDMENT HISTORY

Division (a) amended; Ord. 188-25, Eff. 11/6/2025. Division (d) amended; Ord. 196-25, Eff. 11/24/2025.

SEC. 425.3. IMPOSITION OF VAN NESS & MARKET COMMUNITY FACILITIES FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 425 et seq. to any residential development project requiring a first construction document and, if Section 425 et seq. is applicable, the Department shall determine the amount of the Van Ness & Market Community Facilities Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

ument and, if Section 425 et seq. is applicable, the Department shall determine the amount of the Van Ness & Market Community Facilities Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Section 425 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Van Ness & Market Community Facilities Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 425 et seq. that has elected to fulfill all or part of its Van Ness & Market Community Facilities Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not fully satisfied all of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the project complies with the requirements of Section 425 et seq. , either through conformance with the In-Kind Improvements

Agreement or payment of the remainder of the Van Ness & Market Community Facilities Fee that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A .13.3.1 of the San Francisco Building Code.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 425 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

SEC. 425.4. THE VAN NESS & MARKET COMMUNITY FACILITIES FEE

(a) There is hereby established a separate fund set aside for a special purpose entitled the Van Ness & Market Community Facilities Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to this Section 425 shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to fund community facilities subject to the conditions of this Section 425 et seq.

fund set aside for a special purpose entitled the Van Ness & Market Community Facilities Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to this Section 425 shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to fund community facilities subject to the conditions of this Section 425 et seq.

(b) Expenditures from the Fund shall be administered by the Mayor’s Office of Housing and Community Development, or its successor. The Mayor’s Office of Housing and Community Development or its successor shall have the authority to prescribe rules and regulations governing the Fund.

(1) All monies deposited in the Fund shall be used to design, engineer, and develop community facilities as described in the Nexus Study, including cultural/arts facilities, social welfare facilities, and community health facilities, in the Market and Octavia Plan Area or within 1,250 feet of the Plan Area.

(2) Funds may be used for administration and accounting of fund assets, for additional studies related to community facilities identified in the Market & Octavia Area Plan or Market & Octavia Area Plan Implementation Document, or by the Interagency Plan Implementation Committee or the Market & Octavia Citizens Advisory Committee, and to defend the Van Ness & Market Community Facilities Fee against legal challenge, including the legal costs and attorney’s fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection 425.4(b)(2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Van Ness & Market Community Facilities Fund.

(3) The Planning Department shall report quarterly to the Planning Commission on the current status of the fund, as well as annually as part of the Annual Progress Reports required by Administrative Code Section 36.4.

(4) All funds are justified and supported by the Nexus Study, adopted as part of the Market & Octavia Area Plan Amendments (Ordinance No. 125-20, on file with the Clerk of the Board of Supervisors in File No. 200557) and corresponding Planning Code Amendments (Ordinance No. 126-20 on file with the Clerk of the Board of Supervisors in File No. 200559). Implementation of the Fee and Fund shall be monitored according to the Market and Octavia Area Plan Monitoring Program required by Planning Code Section 341.

(Added by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)

[OPEN SPACE REQUIREMENTS]

SEC. 426. PAYMENT FOR REQUIRED NON-RESIDENTIAL OPEN SPACE NOT PROVIDED IN THE EASTERN NEIGHBORHOODS MIXED USE AND C-3-O(SD) DISTRICTS.

(The effective date of these provisions shall be either December 19, 2008, the date that they originally became effective, or the date a subsequent modification, if any, became effective.)

(a) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, except for any parcels within the Central SoMa Special Use District, the usable open space requirement of Section 135.3 may be satisfied through payment of a fee of $76 for each square foot of usable open space not provided. In the Central SoMa Special Use District, the usable open space requirement of Section 135.3 may be satisfied through payment of a fee of $890 for each square foot of required usable open space not provided, and the POPOS requirement of Section 138 may be satisfied through a payment of a fee of $890 for each square foot of required open space not provided. Any square footage for which the Planning Commission grants an exception to design standards pursuant to Section 329(e) other than standards related to required square footage shall be considered as meeting the requirements of Sections 135.3 and 138 for purposes of this Section 426. These fees shall be adjusted in accordance with Section 423.3 of this Article. These fees shall be paid into the Recreation and Open Space subset of the Eastern Neighborhoods Community Improvements Fund, as described in Section 423 of this Article.

(b) C-3-O(SD) District. In the C-3-O(SD) District, if a project sponsor chooses to pay the in-lieu fee described in Section 138(j)(4), a fee of $1,410 shall be required for each square foot of usable open space not provided. This fee shall be adjusted in accordance with Section 409. This fee shall be paid into the Transit Center District Open Space Fund, as described in Sections 424.6 et seq. of this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business in the Transit Center District.

(c) C-3-O District, C-3-S District, and C-3-G District. In the C-3-O, C-3-S, and C-3-G Districts, if a project sponsor chooses to pay the in-lieu fee described in Section 138(j)(4), a fee of $1,410 shall be required for each square foot of usable open space not provided. The amount of this fee shall equal the fee payable under this subsection (b)1 and shall be adjusted in accordance with Section 409. This fee shall be paid into the Downtown Park Fund, as described in Section 412 of this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business Downtown.

with Section 409. This fee shall be paid into the Downtown Park Fund, as described in Section 412 of this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business Downtown.

(d) C-3-R District. In the C-3-R Districts, if a project sponsor chooses to pay the in-lieu fee described in Section 138(j) (4), a fee shall be required for each square foot of usable open space not provided. The amount of this fee shall equal the fee payable under this subsection (b)1 and shall be adjusted in accordance with Section 409. This fee shall be paid into the Union Square Park, Recreation, and Open Space Fee, as described in Sections 434 of this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business Downtown.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; 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)

AMENDMENT HISTORY

Section header and section amended; Ord. 296-18, Eff. 1/12/2019. Section header amended; formerly undesignated paragraph amended and designated as division (a); division (b) added; Ord. 47-21, Eff. 5/17/2021. Nonsubstantive amendment to division (b); divisions (c) and (d) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. CODIFICATION NOTE

1. So in Ord. 122-23 and Ord. 159-23.

SEC. 427. PAYMENT IN CASES OF VARIANCE OR EXCEPTION FOR REQUIRED RESIDENTIAL OPEN SPACE IN THE EASTERN NEIGHBORHOODS MIXED USE AND C-3-O(SD) DISTRICTS.

(a) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, except for the Central SoMa Special Use District, any project that obtains a Variance pursuant to Section 305, or an exception pursuant

to Section 329, to provide less usable open space than otherwise required by Section 135 shall pay a fee of $327 for each square foot of usable open space not provided. In the Central SoMa Special Use District, any project that obtains a Variance pursuant to Section 305, an exception pursuant to Section 329, or chooses the in-lieu option pursuant to Section 135(d)(5)(B)(ii) shall pay a fee of $890 for each square foot of required useable open space not provided. These fees shall be adjusted in accordance with Section 423.3 of this Article. These fees shall be paid into the Recreation and Open Space subset of the Eastern Neighborhoods Community Improvements Fund, as described in Section 423 of this Article.

oses the in-lieu option pursuant to Section 135(d)(5)(B)(ii) shall pay a fee of $890 for each square foot of required useable open space not provided. These fees shall be adjusted in accordance with Section 423.3 of this Article. These fees shall be paid into the Recreation and Open Space subset of the Eastern Neighborhoods Community Improvements Fund, as described in Section 423 of this Article.

(b) C-3-O(SD) District. In the C-3-O(SD) District, if a Variance or Planning Commission exception is granted to reduce the amount of open space required for any use pursuant to Section 135, a fee of $1,410 shall be required for each square foot of usable open space not provided. This fee shall be adjusted in accordance with Section 409. This fee shall be paid into the Transit Center District Open Space Fund, as described in Sections 424.6 et seq. of this Article. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop or otherwise do business in the Transit Center District.

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

AMENDMENT HISTORY

Section header amended; formerly undesignated paragraph amended and designated as division (a); division (b) added; Ord. 182-12, Eff. 9/7/2012. Section header and division (a) amended; Ord. 296-18, Eff. 1/12/2019. Section header and division (b) amended; Ord. 47-21, Eff. 5/17/2021.

[DIVISADERO STREET NCT AFFORDABLE HOUSING FEE]

SEC. 428. DIVISADERO STREET NCT AFFORDABLE HOUSING FEE AND REQUIREMENTS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

Sections 428.1 through 428.5, hereafter referred to as Sections 428.1 et seq. , set forth the requirements and procedures for the Divisadero Street Neighborhood Commercial Transit District Affordable Housing Fee. (Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)

(Former Sec. 428 added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 310-10, File No. 101194, App. 12/16/2010; repealed by Ord. 119-15 , File No. 150221, App. 7/15/2015, Eff. 8/14/2015)

SEC. 428.1. FINDINGS.

The Board of Supervisors hereby finds that:

(a) The additional affordable housing fee requirement of Sections 428.1 et seq. is supported by the November 2016 Nexus Study performed by Keyser Marston and Associates. The Board of Supervisors has reviewed the Nexus Study and other documents and, on that basis, finds that the Study supports the inclusionary affordable housing requirements

combined with the additional affordable housing fee and requirements set forth in Sections 428.1 et seq. Specifically, the Board finds that the Study: (1) identifies the purpose of the additional fee and requirements to mitigate impacts on the demand for affordable housing in the City; (2) identifies the use of the additional fee to increase the City’s affordable housing supply; and (3) establishes a reasonable relationship between the use of the additional fee for affordable housing and the need for affordable housing and the construction of new market rate housing. Further, the affordable housing fee and requirements do not include the costs of remedying any existing deficiencies and do not duplicate other City requirements or fees.

(b) An account has been established, funds appropriated, and a construction schedule adopted for affordable housing projects funded through the Inclusionary Affordable Housing Program. The Affordable Housing Fee will reimburse the City for expenditures on affordable housing that have already been made and that will be made in the future.

(c) A major objective of the Divisadero Street NCT, set forth in Planning Code Section 759, is to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhood and to encourage housing development in new buildings above the ground floor. New market rate housing development could outnumber both the number of units and potential new sites within the area for permanently affordable housing opportunities. The City has adopted a policy in its General Plan to meet the affordable housing needs of its general population and to require new housing developments to produce sufficient affordable housing opportunities for all income groups, both of which goals are not likely to be met by the potential housing development in the area. In addition, the Nexus Study indicates that market rate housing itself generates additional lower income affordable housing needs for the workforce needed to serve the residents of the new market rate housing proposed for the area. To meet the demand created for affordable housing by the Divisadero Street NCT zoning and to be consistent with the policy of the City, additional affordable housing requirements should be included for all market rate housing development in this NCT.

(d) The Divisadero Street NCT rezoning set forth in Ordinance No. 127-15 allows greater residential development on certain sites within the NCT, and such residential development will create a greater need for affordable housing, and should provide more affordable housing. The higher densities will also make provision of higher levels of affordable housing feasible for such sites.

(e) If a site located in the Divisadero Street NCT received an increase in density of 50% or more from the 2015 rezoning set forth in Ordinance No. 127-15, a higher inclusionary affordable housing requirement should apply. The density for the previously existing Divisadero Street Neighborhood Commercial District was one unit per 800 square feet of lot area.

(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)

SEC. 428.2. DEFINITIONS.

See Section 401 of this Article 4. (Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)

SEC. 428.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 187-23 , approved 9/14/2023, effective 10/15/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 201-23 , approved 10/12/2023, effective 11/12/2023, oper. 11/21/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

(a) For any project for which a complete development application has been submitted before October 1, 2018, the Inclusionary Affordable Housing Program set forth in Planning Code Sections 415.1 et seq. shall apply in the Divisadero Street NCT, except the temporary provisions of Planning Code Section 415.3(b) shall not apply and except as set forth in Section 428.3(a). For any development site for which the Planning Department determines that the residential development potential within the Divisadero Street NCT has been increased through the adoption of the NCT rezoning set forth in Ordinance No. 127-15, as detailed in Section 428.1(e) herein, the requirements of Sections 415.1 et seq of the Planning Code shall apply, except as set forth in subsections (a)(1), (a)(2), and (a)(3), below, and the temporary provisions of Planning Code Section 415.3(b) shall not apply.

(1) Fee. For a development project of 10 or more dwelling units that is subject to the Inclusionary Affordable Housing Program, the development project shall pay an affordable housing fee equivalent to a requirement to provide 33% of the units in the Principal Project as affordable units if those units are Owned Units, or 30% of the units if the project is a Rental Housing Project, using the method of fee calculation set forth in Section 415.5(b).

(2) On-site. For a development project of 10 or more units that is subject to the Inclusionary Affordable Housing Program that elects to construct units Affordable to Qualifying Households on-site of the Principal Project as set forth in Planning Code Section 415.5(g), the development project shall comply with all otherwise applicable requirements of Section 415.6, except that for all housing development projects consisting of 10 or more units, the following requirements shall apply.

onary Affordable Housing Program that elects to construct units Affordable to Qualifying Households on-site of the Principal Project as set forth in Planning Code Section 415.5(g), the development project shall comply with all otherwise applicable requirements of Section 415.6, except that for all housing development projects consisting of 10 or more units, the following requirements shall apply.

(A) For an Ownership Housing Project, the number of affordable units constructed on site shall be 23% of all units constructed on the site. A minimum of 12% of the units shall be affordable to low-income households, 5.5% of the units shall be affordable to moderate-income households, and 5.5% of the units shall be affordable to middle-income households. In no case shall the total number of affordable units required exceed the number required as determined by the application of the applicable on-site requirement rate to the total project units. Owned Units for low-income households shall have an affordable purchase price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for low-income units. Owned Units for moderate-income households shall have an affordable purchase price set at 105% of Area Median Income or less, with households earning from 95% to 120% of Area Median Income eligible to apply for moderate-income units. Owned Units for middle-income households shall have an affordable purchase price set at 130% of Area Median Income or less, with households earning from 120% to 150% of Area Median Income eligible to apply for middle-income units.

(B) For a Rental Housing Project, the number of affordable units constructed on site shall be 20% of all units constructed on the site. A minimum of 12% of the units shall be affordable to low-income households, 4% of the units shall be affordable to moderate-income households, and 4% of the units shall be affordable to middle-income households. In no case shall the total number of affordable units required exceed the number required as determined by the application of the applicable on-site requirement rate to the total project units. Rental Units for low-income households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for low-income units. Rental Units for moderate-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning from 65% to 90% of Area Median Income eligible to apply for moderate-income units. Rental Units for middle-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 130% of Area Median Income eligible to apply for middleincome units.

(3) Off-site. If the project sponsor of a housing development project of 10 or more units that is subject to the Inclusionary Affordable Housing Program elects to provide units Affordable to Qualifying Households off-site of the Principal Project as set forth in Section 415.5(g), the project sponsor shall construct or cause to be constructed affordable

housing equal to 33% of all units constructed on the Principal Project site as affordable housing if the units in the Principal Project are owned units, and 30% if the project is a Rental Housing Project.

(b) For any project for which a complete development application has been submitted on or after October 1, 2018, the Inclusionary Affordable Housing Program set forth in Planning Code Sections 415.1 et seq. shall apply in the Divisadero Street NCT except as set forth in this subsection (b). For any development site for which the Planning Department has determined that the residential development potential has been increased through the adoption of the NCT rezoning set forth in Ordinance No. 127-15, as detailed in Section 428.1(e) herein, the requirements of Planning Code Sections 415.1 et seq. shall apply, except that the following affordable housing requirements shall be applied to residential development on such sites:

(1) Fee. For a development project of 10 or more dwelling units that is subject to the Inclusionary Affordable Housing Program, the development project shall pay an affordable housing fee equivalent to a requirement to provide 33% of the units in the Principal Project as Affordable Units if those units are Owned Units, or 30% of the units if the project is a Rental Housing Project, using the method of fee calculation set forth in Section 415.5(b).

(2) On-site. If the housing development project of 10 or more dwelling units that is subject to the Inclusionary Affordable Housing Program elects to construct units Affordable to Qualifying Households on-site of the Principal Project as set forth in Planning Code Section 415.5(g), the project sponsor shall comply with all otherwise applicable requirements of Section 415.6, except that for all housing development projects consisting of 10 or more units, the number of Affordable Units constructed on-site shall be provided as follows.

(A) A project that consists of Owned Units shall provide 23% of units as Affordable Units at the following levels: 10% 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.

(B) A project that consists of Rental Units shall provide 23% of units as Affordable Units at the following levels: 10% 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.

(C) Notwithstanding subsections (b)(2)(A) and (b)(2)(B), the percentage and affordability levels of Affordable Units constructed on-site as set forth in subsections (b)(2)(A) and (b)(2)(B) shall be the same percentage and affordability levels as set forth in Section 206.3(f)(2)(A), as it may be amended from time to time, and in no case shall the percentage of Affordable Units constructed on-site pursuant to this subsection (b)(2) be less than the percentage required by Section 415.6 for projects consisting of 25 or more units. If the percentage of Affordable Units constructed on-site pursuant to this subsection (b)(2) would be less than the percentage set forth in Section 415.6 for projects consisting of 25 or more units, the percentage of Affordable Units set forth in Section 415.6 for projects consisting of 25 or more units shall apply.

(3) Off-site. If the project sponsor of a housing development project of 10 or more units is eligible and elects to provide units Affordable to Qualifying Households off-site of the Principal Project as set forth in Section 415.5(g), the project sponsor shall construct or cause to be constructed affordable housing equal to 33% of all units constructed on the Principal Project site as affordable housing if the units in the Principal Project are owned units, and 30% if the project is a Rental Housing Project.

(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY Divisions (a)-(a)(2)(A), (a)(3), and (b)(1)-(3) amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 428.4. IMPOSITION OF AFFORDABLE HOUSING REQUIREMENTS.

(a) Determination of Requirements. The Planning Department shall determine the applicability of Sections 428.1 et seq. to any development project requiring a first construction document and, if Sections 428.1 et seq. applies, shall impose

any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit of Fee Requirements. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Sections 428.1 et seq. , it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable housing fee amount in addition to the other information required by Planning Code Section 402(b).

(c) Process for Revisions of Determination of Requirements. If the Department or the Commission takes action affecting any development project subject to Sections 428.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or a court, the procedures of Planning Code Section 402(c) shall be followed.

(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)

SEC. 428.5. USE OF FUNDS.

The affordable housing fee specified in Sections 428.1 et seq. for the Divisadero Street NCT shall be paid into the Citywide Affordable Housing Fund, established in Administrative Code Section 10.100-49, and the funds shall be separately accounted for. The Mayor’s Office of Housing and Community Development shall expend the funds to increase the supply of housing Affordable to Qualifying Households in the City. The funds may also be used for monitoring and administrative expenses subject to the process described in Planning Code Section 415.5(f).

(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)

AMENDMENT HISTORY Section amended; Ord. 210-21, Eff. 12/20/2021.

SEC. 428A. [REPEALED.]

(Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014)

[PUBLIC ART FEE]

SEC. 429. ARTWORKS, OPTIONS TO MEET PUBLIC ART FEE REQUIREMENT, RECOGNITION OF ARCHITECT AND ARTISTS, AND REQUIREMENTS.

(The effective date of these requirements shall be either September 17, 1985, the date that they originally became effective, or the date a subsequent modification, if any, became effective.)

(Formerly codified as Sec. 149 (see that section for prior legislative history); amended and redesignated by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section amended in its entirety and divided into Secs. 429.1 through 429.7; Ord. 62-12 , Eff. 5/19/2012. Section header amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 429.1. DEFINITIONS.

In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 429.1 et seq. :

“100% Affordable Housing Project” means a project that meets the applicability requirements for affordable housing projects set forth in Section 315(b) of this Code.

"Conservation" shall mean the profession devoted to the preservation of cultural property for the future. "Construction Cost" shall be determined by the Department of Building Inspection in accordance with established industry standards or in the manner used to determine the valuation of work as set forth in Section 107A.2 of the Building Code.

"Maintenance" shall mean a minimally invasive, routine and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork or the cleaning and repair of non-art support material such as a pedestal or plaque.

"Preservation" shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational content. The primary goal of preservation is to prolong the existence of cultural property, and should be undertaken or overseen by a professional conservator.

"Restoration" shall mean a treatment procedure intended to return cultural property to a known or assumed state, often through the addition of non-original material.

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 3-24, File No. 230706, App. 1/19/2024, Eff. 2/19/2024)

AMENDMENT HISTORY

Reference updated; Ord. 63-20, Eff. 5/25/2020. Definition of 100% Affordable Housing Project added; Ord. 3-24, Eff. 2/19/2024.

SEC. 429.2. APPLICATION.

This section (Section 429.1 et seq. ) shall apply to:

(a) all projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District, except for 100% Affordable Housing Projects;;1 and

(b) all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete Development Application on or after January 1, 2013 on the following parcels:

(1) all parcels in RH-DTR, TB-DTR, SB-DTR, UMU, WMUG, WMUO and SALI Districts;

(2) properties that are zoned MUG, CMUO, or MUO or MUR and that are north of Division/Duboce/13th Streets; and

(3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall). For the purposes of this Section 429.2, a “Development Application” shall mean any application for a building permit, site permit, environmental review, Preliminary Project Assessment (PPA), Conditional Use, or Variance.

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 42-13 , File No. 130002, App.

3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 250-24, File No. 231268, App. 11/7/2024, Eff. 12/8/2024)

AMENDMENT HISTORY

Division (b)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Division (b)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (b)(1) and (b)(2) amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory and concluding paragraphs and division (a) amended; Ord. 250-24, Eff. 12/8/2024.

CODIFICATION NOTE

1. So in Ord. 250-24.

SEC. 429.3. IMPOSITION OF PUBLIC ART FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 429.1 et seq. to any development project requiring a first construction document and, if Section 429.1 et seq. is applicable, the number of

gross square feet subject to its requirements, and shall impose this requirement as a condition of approval for issuance of the first construction document for the development project to address the need for additional public art in the downtown districts. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Amount of Fee. Upon design approval of the development project from the Planning Department, and except as otherwise provided herein, the project sponsor shall dedicate and expend an amount equal to one percent of the construction cost of the building or addition as determined by the Director of DBI (the "Public Art Fee") for the purposes described herein and subject to the options set forth below.

(c) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross floor area subject to Section 429.1 et seq. and the dollar amount of the Public Art Fee required, the Department shall immediately notify the Development Fee Collection Unit at DBI of its determination, in addition to the other information required by Section 402(b) of this Article.

(d) Options to Fulfill Requirements.

(1) Non-Residential Development Projects. Non-residential buildings with public open space requirements greater than 1,499 square feet but less than 3,000 square feet that provide ground floor open space shall comply with Section 429.3 by providing on-site public art of a value equivalent to the Public Art Fee; provided, however, that if the required Public Art Fee exceeds $500,000, only on-site public art valued at $500,000 is required to be provided on-site. Nonresidential buildings with public open space requirements greater than or equal to 3,000 square feet that provide ground floor open space shall comply with Section 429.3 by providing on-site public art of a value equivalent to the Public Art Fee; provided, however, that if the required Public Art Fee exceeds $750,000, only on-site public art valued at $750,000 is required to be provided on-site. In any case where the Public Art Fee requirement exceeds the amount required on-site, prior to issuance of a building or site permit the project sponsor shall elect one of the following options to fulfill any requirements imposed as a condition of approval and to notify the Arts Commission and the Department of their choice:

(A) to expend the remainder of the Public Art Fee on-site, or

(B) to deposit the remainder of the Public Art Fee into the Public Artwork Trust Fund established in Section 10.100-29 of the San Francisco Administrative Code for the purposes set forth therein and in Section 429.5(b), including the creation, installation, exhibition, conservation, preservation, and restoration of works of public art and for capital improvements to non profit arts facilities ("In-Lieu Fee for Public Artwork Trust") within the C-3 District or within a half mile of the boundary of the C-3 District or, if the project is within another zoning district, within a half mile of the project boundary, or

(C) to expend a portion of the remainder on-site and deposit the rest into the Public Artwork Trust Fund. As provided in Section 402, the project sponsor shall pay the fee to the Development Fee Collection Unit at DBI.

(2) Residential Development Projects. Prior to issuance of a building or site permit for a residential development project subject to the requirements of Section 429.1 et seq. , the sponsor shall elect one of the options listed below to fulfill any requirements imposed as a condition of approval and to notify the Arts Commission and the Department of their choice of the following:

(A) Option to Use 100% of Public Art Fee to Provide On-Site Public Artwork. Unless otherwise provided below, the project sponsor may elect to provide on-site public art of a value at least equivalent to the Public Art Fee.

(B) Option to Contribute 100% of Public Art Fee Amount to Public Artwork Trust Fund. Effective on the effective date of Ordinance No. 62-12 for a project that has not received its first construction document, and except as provided herein, the project sponsor may pay the Public Art Fee for deposit in the Public Artwork Trust Fund established in Section 10.100-29 of the San Francisco Administrative Code for the purposes set forth therein and in Section 429.5(b), including the creation, installation, exhibition, conservation, preservation, and restoration of works of public art and for capital improvements to nonprofit arts facilities ("In-Lieu Fee for Public Artwork Trust") within the C-3 District or within a half mile of the boundary of the C-3 District or, if the project is within another zoning district, within a half mile of the project boundary. As provided in Section 402, the project sponsor shall pay the fee to the Development Fee Collection Unit at DBI.

(C) Option to Expend a Portion of the Public Art Fee Amount to On-Site Public Artwork and the Remainder to the Public Artwork Trust Fund. Effective on the effective date of Ordinance No. 62-12 a project that has not received its first construction document may elect to expend a portion of the Public Art Fee for the acquisition of On-Site Public Artwork that shall be subject to the requirements of Subsection (d)(2)(A) above regarding On-Site Public Artwork, and deposit the remaining balance of the Public Art Fee into the Public Artwork Trust Fund. As provided in Section 402, the project sponsor shall pay the fee to the Development Fee Collection Unit at DBI.

(e) Department's Notice to Development Fee Collection Unit of Sponsor's Choice. After the project sponsor has notified the Arts Commission and the Department of the choice to fulfill the requirements of Section 429.1 et seq. , as required by Section (d)(1) or (2) above, the Department shall immediately notify the Development Fee Collection Unit at DBI of the project sponsor's choice.

(f) Development Fee Collection Unit Notice to Arts Commission and Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Arts Commission and to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 429.1 et seq. that will fulfill all or part of the requirements with an option other than the project sponsor's payment of an in-lieu fee to verify that the artwork was placed in the agreed upon location with the appropriate ADA compliant signage. If the Arts Commission or the Department notifies the Unit at such time that the sponsor has not satisfied the requirements, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 429.1 et seq.

(g) Process for Revisions of Determination Requirement. In the event that the Department or the Planning Commission takes action affecting any development project subject to Section 429.1 et seq. , and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY

Former divisions (d)(1)(a)-(c) redesignated as (d)(1)(A)-(C); former divisions (d)(2)(i)-(iii) redesignated as (d)(2)(A)-(C); Ord. 56-13 , Eff. 4/27/2013. Division (d)(2)(C) amended; Ord. 188-15 , Eff. 12/4/2015.

SEC. 429.4. COMPLIANCE BY PROVIDING ON-SITE PUBLIC ARTWORK.

(a) Installation. The project sponsor must install the public art in compliance with this Section 429.4: (1) in areas on the site of the building or addition so that the public art is clearly visible from the public sidewalk or the open-space feature required by Section 138, or (2) on the site of the open-space feature provided pursuant to Section 138, or (3) in a publicly accessible lobby area of a Hotel (“On-Site Public Artwork”). Said On-Site Public Artwork shall be installed prior to issuance of the first certificate of occupancy; provided, however, that if the Zoning Administrator concludes that it is not feasible to install the Artwork within that time and that adequate assurance is provided that the Artwork will be installed in a timely manner, the Zoning Administrator may extend the time for installation for a period of not more than 12 months. Said works of art may include sculpture, bas-relief, murals, mosaics, decorative water features, tapestries or other artworks permanently affixed to the building or its grounds, or a combination thereof, but may not include architectural features of the building, nor artwork designed by the architect, except as permitted with respect to the in lieu contribution regarding publicly owned buildings meeting the criteria described above. Artworks shall be displayed in a manner that will enhance their enjoyment by the general public. The type and location of Artwork, but not the artistic merits of the specific artwork proposed, shall be approved by the Zoning Administrator in accordance with the provisions of Section 309 of this Code.

(b) Recognition of Artists. An ADA compliant plaque identifying the creator, name (if any), and installation date of the On-Site Public Artwork required by subsection (a) above shall be placed at a publicly conspicuous location within

view of the On-Site Public Artwork at the same time the Artwork is installed.

(c) Removal, Relocation, or Alteration of Artwork. Once the project sponsor has installed and completed the final Artwork, the project sponsor, building owner and any third party may not remove, relocate or alter the Artwork without notifying and consulting with the Planning Department at least 120 days prior to the proposed removal, relocation or alteration. A project sponsor’s or building owner’s notice of intent to the Planning Department to remove, relocate, or alter Artwork shall include written approval of the proposed removal, relocation, or alteration from the artist or artist’s estate, if applicable, under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)) (“VARA”), the California Art Preservation Act (Cal. Civil Code §§987 et seq. ) (“CAPA”), or any successor laws protecting the integrity of Artwork, or a written waiver from the artist expressly waiving their rights, if any, under VARA and CAPA. The Planning Department shall not approve any removal, relocation, or alteration unless it finds any removed Artwork will be replaced with Artwork of equal or greater value or that any relocation or alteration is only a minor modification. If a project sponsor does remove, relocate, or alter the Artwork without notification and approval of the Planning Department, the Planning Department is authorized to pursue enforcement of this Section under Section 176 of this Code or to pursue any other remedy permitted by law.

be replaced with Artwork of equal or greater value or that any relocation or alteration is only a minor modification. If a project sponsor does remove, relocate, or alter the Artwork without notification and approval of the Planning Department, the Planning Department is authorized to pursue enforcement of this Section under Section 176 of this Code or to pursue any other remedy permitted by law.

(d) Removal, Relocation, or Alteration of Artwork for Existing 100% Affordable Housing Projects. Notwithstanding the requirements of subsection (c) of this Section 429.4, 100% Affordable Housing Projects for which public art has already been installed as of the effective date of the ordinance in Board of Supervisors File No. 230706, including a 100% affordable residential building built to satisfy affordable housing requirements of market rate projects, may remove, relocate, or alter Artwork if the Artwork has been vandalized or severely compromised such that it cannot be restored to its original condition without significant financial expenditures. A project sponsor’s or building owner’s notice of intent to the Zoning Administrator to remove, relocate, or alter Artwork shall include: (1) documentation of vandalism or severely compromised conditions and (2) written approval of the proposed removal, relocation, or alteration from the artist or artist’s estate, if applicable, under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)) (“VARA”), the California Art Preservation Act (Cal. Civil Code §§987 et seq. ) (“CAPA”), or any successor laws protecting the integrity of Artwork, or a written waiver from the artist expressly waiving their rights, if any, under VARA and CAPA. The Zoning Administrator, after a duly noticed public hearing, may approve, conditionally approve, or deny removal, relocation, or alteration of the Artwork. The Zoning Administrator shall take into account the financial burden of repair and the extent of the vandalism, including past history of repeat vandalism, and likelihood that the Artwork may be vandalized again. For cases proposing removal under this subsection (d), the Zoning Administrator shall consider the viability of relocating the Artwork elsewhere on the property. In regard to relocation or alteration, including relocation of the Artwork elsewhere on the property, if the Zoning Administrator determines that relocation or alteration is a minor modification of the Artwork, then no hearing is required. Notice of the Zoning Administrator’s hearing shall be sent to property owners within a 300 foot radius of the subject site at least seven days before the hearing. Enforcement of this subsection (d) shall be in accordance with Section 429.4(c).

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 3-24, File No. 230706, App. 1/19/2024, Eff. 2/19/2024)

AMENDMENT HISTORY

Former division (b) redesignated as (c); new division (b) added; Ord. 217-16, Eff. 12/10/2016. Divisions (a) and (c) amended; division (d) added; Ord. 3-24, Eff. 2/19/2024.

SEC. 429.5. ARTS COMMISSION PUBLIC ARTWORK TRUST FUND.

(a) All monies contributed to the Public Artwork Trust Fund pursuant to this Section 429 shall be deposited in the special fund maintained by the Controller called the Public Artwork Trust under Section 10.100-29 of the Administrative Code, as may be amended from time to time. The receipts in the Trust are hereby appropriated in accordance with law to be used by the Arts Commission within the C-3 District or within a half mile of the boundary of the C-3 District or, if the

project is within another zoning district, within a half mile of the project boundary to enhance the visibility and quality of artworks in the public realm and to improve the public's access and enjoyment of the artworks in the public realm.

(b) With the above objective, through a competitive public process the Public Artwork Trust Fund shall be overseen by the Arts Commission and used to fund:

(1) the creation, installation, and exhibition of temporary and permanent public works of art in the public realm and within the C-3 District or within a half mile of the boundary of the C-3 District or, if the project is within another zoning district, within a half mile of the project boundary;

(2) the conservation, preservation, and restoration, but not maintenance of temporary and permanent public works of art in the public realm and within the C-3 District or within a half mile of the boundary of the C-3 District or, if the project is within another zoning district, within a half mile of the project boundary;

(3) distribution of funds to San Francisco nonprofit arts entities and artists to fund temporary public art projects, performance, film and video screenings, and capital improvements for publicly accessible cultural facilities within the C-3 District or within a half mile of the boundary of the C-3 District or, if the project is within another zoning district, within a half mile of the project boundary; and

(4) the reasonable administrative expenses of the Arts Commission staff in connection with administering compliance with the requirements of this Section on a time and materials basis for managing projects funded through the Public Artworks Trust, not to exceed 20% of the costs for any one project.

(c) The Arts Commission shall administer and expend the Public Artwork Trust Fund, and shall have the authority to prescribe rules and regulations governing the Fund that are consistent with this Section.

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

AMENDMENT HISTORY

Former divisions (b)(i) through (iv) redesignated as (b)(1) through (4); Ord. 56-13 , Eff. 4/27/2013.

SEC. 429.6. RECOGNITION OF ARCHITECTS IN C-3 DISTRICTS.

In the case of construction of a new building or an addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District, an ADA compliant plaque or cornerstone identifying the project architect and the erection date of the building shall be placed at a publicly conspicuous location on or in the building prior to the issuance of the first certificate of occupancy.

(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

AMENDMENT HISTORY

Section and section header amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 429.7. LIEN PROCEEDINGS.

A project sponsor's failure to comply with the requirements of Section 429.3(d)(2)(B) or (C)1 shall be cause for the Development Fee Collection Unit at DBI to institute lien proceedings to make the in-lieu fee, plus interest and any deferral surcharge, a lien against all parcels used for the development project in accordance with Section 408 of this Article and Section 107A.13.15 of the San Francisco Building Code.

(Added by Ord. 62-12, File No. 110853, App. 4/19/2012, Eff. 5/19/2012)

CODIFICATION NOTE

1. Ord. 62-12 references "Section 429.3(d)(2)(b) or (c)." The codifier has redesignated the three subdivisions of Sec. 429.3(d)(2) as (A) through (C). Accordingly, the reference in this section has been altered as shown. [BICYCLE PARKING FEE]

SEC. 430. BICYCLE PARKING IN LIEU FEE.

(a) Application of Fee. A project sponsor may satisfy some or all of the requirement to provide Class 2 bicycle parking under this Code by paying the Bicycle Parking In Lieu Fee provided in this Section.

(1) The sponsor may elect to pay an in lieu fee to satisfy up to 50 percent of the Class 2 bicycle parking requirement for the uses specified in Table 155.2, provided that no more than 20 required Class 2 bicycle parking spaces are satisfied through the in lieu payment under this subsection.

(2) Notwithstanding subsection (a)(1), the sponsor may elect to pay an in lieu fee to satisfy up to 100 percent of the requirement for uses required by Table 155.2 to provide four or fewer Class 2 bicycle parking spaces.

(3) The sponsor shall pay the in lieu fee for all Class 2 bicycle parking spaces for which a variance or waiver is sought and granted by the Zoning Administrator under Sections 305 and 307(k) of this Code.

(b) Amount of Fee. The amount of the in lieu fee shall be $400 per Class 2 bicycle parking space. This fee shall be adjusted pursuant to Section 409 of this Code.

(c) Department Notice to Development Fee Collection Unit at the Department of Building Inspection ("DBI"). If the project sponsor has elected to pay the Bicycle Parking In Lieu Fee to satisfy some or all required Class 2 bicycle parking spaces, the Department shall immediately notify the Development Fee Collection Unit at DBI of its determination, in addition to the other information required by Section 402(b) of this Article.

ent Fee Collection Unit at the Department of Building Inspection ("DBI").** If the project sponsor has elected to pay the Bicycle Parking In Lieu Fee to satisfy some or all required Class 2 bicycle parking spaces, the Department shall immediately notify the Development Fee Collection Unit at DBI of its determination, in addition to the other information required by Section 402(b) of this Article.

(d) Collection of Bicycle Parking in Lieu Fee. The Bicycle Parking In Lieu Fee shall be paid to DBI for deposit into the Bicycle Parking Fund at the time required by Section 402(d).

(e) Process for Revisions or Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to this Section 430 and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the Department shall determine any revisions of the bicycle parking requirement, including the in lieu fee, as applied to the project, following the procedures of Section 402(c) of this Article.

(Added by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

(Former Sec. 430 added by Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated as Sec. 431 by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013)

AMENDMENT HISTORY

Division (d) amended; Ord. 63-20, Eff. 5/25/2020. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 430.1. BICYCLE PARKING FUND.

There is hereby established a separate fund set aside for a special purpose entitled the Bicycle Parking Fund ("Fund"). This fund shall be administered by the San Francisco Municipal Transportation Agency. DBI shall deposit in the Fund all monies it collects under Section 430. The City shall use all monies deposited in the Fund solely to install and maintain bicycle parking in areas of the City with inadequate public short-term bicycle parking facilities. (Added by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013)

SEC. 431. SEVERABILITY.

In the event that a court or agency of competent jurisdiction holds that federal or state law, rule or regulation invalidates any clause, sentence, paragraph or section of this Article or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph or section so that the remainder of this Article shall remain in effect.

(Added as Sec. 430 by Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated by Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013)

[CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE AND FUND]

SEC. 432. CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE AND FUND.

Sections 432.1 through 432.4 set forth the requirements and procedures for the Central SoMa Community Services Facilities Fee and Fund.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 432.1. PURPOSE AND FINDINGS.

(a) Purpose. New development in Central SoMa will increase the resident and employee populations, generating new demand for use of community service facilities, such as cultural facilities, health clinics, services for people with disabilities, and job training centers. New revenues to fund investments in community services are necessary to maintain the existing level of service. This fee will generate revenue that will be used to ensure an expansion in community service facilities in Central SoMa as new development occurs.

(b) Findings. In adopting the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184), the Board of Supervisors reviewed the Central SoMa Community Facilities Nexus Study, prepared by Economic & Planning Systems and dated March 2016. The Board of Supervisors reaffirms the findings and conclusions of this study as they relate to the impact of new development in Central SoMa on community services facilities, and hereby readopts the findings contained in the Central SoMa Community Facilities Nexus Study. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 432.2. APPLICATION OF FEES.

(a) Applicable Projects. The Central SoMa Community Services Facilities Fee is applicable to any development project in the Central SoMa Special Use District that:

• (1) Is in any Central SoMa Fee Tier, pursuant to Section 423; and

• (2) Includes new construction or an addition of space in excess of 800 gross square feet.

• (b) Fee Calculation. For applicable projects, the Fee is as follows:

• (1) For Residential uses, $1.30 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

• (2) For Non-residential uses,

• (A) $1.75 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

(B) $0.45 per gross square foot of net replacement of gross square feet from Residential uses or net change of use of gross square feet from Residential uses.

(c) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Central SoMa Community Services Facilities Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Central SoMa Community Improvements Program and substitute for improvements that could be provided by the Central SoMa Community Services Facilities Public

Benefits Fund (as described in Section 432.4). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Central SoMa Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or

provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.

(2) Valuation, Content, Approval Process, and Administrative Costs. The valuation, content, approval process, and administrative costs shall be undertaken pursuant to the requirements of Sections 423.3(d)(2) through 423.3(d)(5).

(d) Timing of Fee Payments. The Fee shall be paid to DBI for deposit into the Central SoMa Community Services Facilities Fund at the time required by Section 402(d).

(e) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to Section 406.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY Division (d) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 432.3. IMPOSITION OF CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 432 et seq. to any development project requiring a first construction document and, if Section 432 et seq. is applicable, the Department shall determine the amount of the Central SoMa Community Services Facilities Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Section 432 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Community Services Facilities Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

ent project subject to the requirements of Section 432 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Community Services Facilities Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 432 et seq. that has elected to fulfill all or part of its Central SoMa Community Services Facilities Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the project complies with the requirements of Section 432 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Central SoMa Community Services Facilities Fee that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 432 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 432.4. THE CENTRAL SOMA COMMUNITY SERVICES FACILITIES FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Community Services Facilities Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to

Section 432.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to fund public infrastructure subject to the conditions of this Section.

(b) Expenditures from the Fund shall be administered by the Mayor’s Office of Housing and Community Development, or its successor. The Mayor’s Office of Housing and Community Development or its successor shall have the authority to prescribe rules and regulations governing the Fund.

(1) All monies deposited in the Fund shall be used to design, engineer, and develop community services facilities, including cultural/arts facilities, social welfare facilities, and community health facilities within the area bounded by Market Street, the Embarcadero, King Street, Division Street and South Van Ness Avenue as established in the Central SoMa Plan Implementation Program Document and supported by the findings of the Central SoMa Community Facilities Nexus Study.

(2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Community Services Facilities Impact Fee against legal challenge, including the legal costs and attorney’s fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Central SoMa Community Services Facilities Fund.

(3) The Mayor’s Office of Housing and Community Development shall report annually to the Board of Supervisors on the current status of the fund, the amounts approved for disbursement, and the number and types of housing units or households assisted.

(4) All funds are justified and supported by the Central SoMa Community Facilities Nexus Study, adopted as part of the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184). Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by the Administrative Code Section 10E.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

AMENDMENT HISTORY Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021.

[CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND]

SEC. 433. CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND.

Sections 433.1 through 433.4 set forth the requirements and procedures for the Central SoMa Infrastructure Impact Fee and Fund.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 433.1. PURPOSE AND FINDINGS.

(a) Purpose. New development in the Central SoMa Plan Area will increase the resident and employee populations, generating new demand for use of community-serving infrastructure such as transit, complete streets, and recreation and open space. New revenues to fund investments in this infrastructure are necessary to maintain the existing level of service. This fee will generate revenue that will be used to ensure an expansion in community-serving infrastructure in Central SoMa as new development occurs.

(b) Findings. The Board of Supervisors reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, pursuant to Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

SEC. 433.2. APPLICATION OF FEES.

(a) Applicable Projects. The Central SoMa Infrastructure Impact Fee is applicable to any development project in the Central SoMa Special Use District that:

• (1) Is in any Central SoMa Tier, pursuant to Section 423; and

• (2) Includes new construction or an addition of space in excess of 800 gross square feet.

• (b) Fee Calculation. For applicable projects, the Fee is as follows:

• (1) For Residential uses in Central SoMa Fee Tier B:

(A) For Owned Units, as defined in Section 415.2, $20.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

(B) For Rental Units, defined as units that are not Owned Units as defined in Section 415.2, $10.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

(2) For Non-residential uses in Central SoMa Fee Tier A that are seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321, $21.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

(3) For Non-residential uses in Central SoMa Fee Tier A that are not seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321:

(A) $41.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses;

(B) $21.50 per gross square foot of net replacement of gross square feet from Residential uses or net change of use of gross square feet from Residential uses.

(4) For Non-residential uses in Central SoMa Fee Tier C that are not seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321, $20.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.

(c) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Central SoMa Infrastructure Impact Fee from the Planning Commission, subject to the following rules and requirements:

(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Central SoMa Community Improvements Program and substitute for improvements that could be provided by the Central SoMa Infrastructure Public Benefits Fund (as described in Section 433.4). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Central SoMa Plan, by the Interagency Plan Implementation Committee (see Section 36 of the

Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this InKind Improvements Agreement.

(2) Valuation, Content, Approval Process, and Administrative Costs. The valuation, content, approval process, and administrative costs shall be undertaken pursuant to the requirements of Sections 423.3(d)(2) through 423.3(d)(5).

(d) Timing of Fee Payments. The Fee shall be paid to DBI for deposit into the Central SoMa Infrastructure Impact Fund at the time required by Section 402(d).

(e) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to Section 406.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20 ,, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

AMENDMENT HISTORY

Division (d) amended; Ord. 63-20 ,; Eff. 5/25/2020. Divisions (b)(1)(A) and (b)(1)(B) amended; Ord. 47-21, Eff. 5/17/2021.

SEC. 433.3. IMPOSITION OF CENTRAL SOMA INFRASTRUCTURE IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 433.2 et seq. to any development project requiring a first construction document and, if Section 433.2 et seq. is applicable, the Department shall determine the amount of the Central SoMa Infrastructure Impact Fees required and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a building or site permit for a development project subject to the requirements of Sections 433 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Infrastructure Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.

(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 433 et seq. that has elected to fulfill all or part of its Central SoMa Infrastructure Impact Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the project complies with the requirements of Section 433 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Central SoMa Infrastructure Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.

(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 433 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 433.4. THE CENTRAL SOME INFRASTRUCTURE IMPACT FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Infrastructure Impact Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 433.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section.

eby established a separate fund set aside for a special purpose entitled the Central SoMa Infrastructure Impact Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 433.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section.

(b) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board of Supervisors.

(1) All monies deposited in the Fund shall be used to design, engineer, and develop community public transit and recreation and open space improvements as established in the Central SoMa Plan and the Central SoMa Plan Implementation Program Document.

(2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Infrastructure Impact Fee against legal challenge, including the legal costs and attorney’s fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Central SoMa Infrastructure Impact Fund.

(3) All funds are justified and supported by the San Francisco Citywide Nexus Analysis prepared by AECOM dated March 2014 (“Nexus Analysis”), and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk of the Board in Files Nos. 150149 and 150790. Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by Section 10E of the Administrative Code.

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

AMENDMENT HISTORY Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021.

[—]

SEC. 434. CENTRAL SOMA COMMUNITY FACILITIES DISTRICT PROGRAM.

(a) Purpose. New construction that increases the density of the South of Market neighborhood will require the City to invest in substantial new infrastructure and services. By increasing height limits, removing restrictive zoning, relieving density and floor area ratio limitations, and making other regulatory changes, the Central SoMa Plan substantially increases the development potential of properties in the area. This new development potential will create a significant demand for infrastructure, improvements, and services as described in the Central SoMa Implementation Program Document, including but not limited to transit investments, street and environmental improvements, and development and maintenance of parks and recreation centers. The Central SoMa Community Facilities District (“CFD” or “Special Tax District”) shall be a special tax district formed pursuant to Administrative Code Chapter 43, Article X to address these needs created by projects that choose to exceed the Prevailing Height and Density Limits.

(b) Applicability. This Section 434 shall apply to a development on any lot in the Central SoMa Special Use District where all of the following apply:

(1) The project includes new construction or the net addition of more than 25,000 gross square feet, as determined by the Planning Director or their designee pursuant to the Rate and Method of Apportionment for the Central SoMa Community Facilities District;

(2) The proposed project exceeds the applicable Prevailing Building Height and Density controls established in Section 249.78(d)(1)(B); and,

• (3) The project includes

(A) new non-residential development on any lot that is either wholly or partially in Central SoMa Fee Tier B or C, as defined in Section 423.2; or

(B) new residential condominium development for which any units have been sold on any lot that is either wholly or partially in Central SoMa Fee Tier C, as defined in Section 423.2.

(c) Requirement. Except as specified herein, any applicable development project shall participate in the CFD to be established by the Board of Supervisors pursuant to Article X of Chapter 43 of the Administrative Code (the “Special Tax Financing Law”) and successfully annex the lot or lots of the subject development into the CFD prior to the issuance of the first Certificate of Occupancy for the development. Any project lot or lots that contain areas that fall under more than one Central SoMa Fee Tier shall be wholly annexed into the CFD at the level of the highest applicable Fee Tier. Any

Administrative Code (the “Special Tax Financing Law”) and successfully annex the lot or lots of the subject development into the CFD prior to the issuance of the first Certificate of Occupancy for the development. Any project lot or lots that contain areas that fall under more than one Central SoMa Fee Tier shall be wholly annexed into the CFD at the level of the highest applicable Fee Tier. Any

project lot or lots that receive a condominium map pursuant to the Subdivision Code shall wholly annex the lot or lots of the subject development into the CFD prior to the sale of the first condominium on the site. For any lot to which the requirements of this Section 434 apply, the Zoning Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder of the City and County of San Francisco for the subject property prior to the first Certificate of Occupancy for the development, except that for condominium projects, the Zoning Administrator shall approve and order the recordation of such Notice prior to the sale of the first condominium unit. This Notice shall state the requirements and provisions of subsections 434(b)-(c) above.

(d) Special Taxes. The Board of Supervisors will be authorized to levy a special tax on properties that annex into the Community Facilities District to finance facilities and services described in the proceedings for the Community Facilities District and the Central SoMa Implementation Program Document submitted by the Planning Department on November 5, 2018 in Board of Supervisors File No. 180184.

(e) Special tax revenues associated with the CFD should be expended as described in the Central SoMa Plan Implementation Program Document submitted by the Planning Department on November 5, 2018 in Board of Supervisors File No. 180184, except that: (1) $15 million should be allocated to restoration of the Old United States Mint, San Francisco Landmark No. 236, and $160 million should be allocated to regional transit capacity enhancement and expansion; and (2) if the Old United States Mint is developed with community-serving spaces that may be leased through a competitive process at below-market rates to organizations associated with Cultural Districts established under Chapter 107 of the Administrative Code, $20 million should be allocated to restoration of the Old United States Mint, and $155 million should be allocated to regional transit capacity enhancement and expansion. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

[UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE]

SEC. 435. UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE.

Sections 435.1 through 435.3 hereinafter referred to as Section 435.1 et seq. set forth the requirements and procedures for the Union Square Park, Recreation, and Open Space Fee.

(Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019)

Editor’s Note:

This section was originally designated Sec. 428 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation.

SEC. 435.1 PURPOSE AND FINDINGS SUPPORTING UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE.

(a) Purpose. The purpose of the Union Square Park, Recreation, and Open Space Fee is to provide funding to increase the supply of park, recreation, and open space facilities to serve the needs attributable to new office development in the C- 3-R Downtown Retail Zoning District. The Board of Supervisors hereby finds that the Union Square area, most of which is zoned as the C-3-R Downtown Retail Zoning District, is a world-class retail destination that draws both tourists and Bay Area residents with its combination of walkable shopping and dining, excellent transit access, and top-tier hospitality. As new office development occurs, additional park, recreation, and open space facilities are needed to maintain the quality of urban experience that makes downtown San Francisco an attractive place to do business, live, and visit.

(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), on file with the Clerk of the Board of Supervisors in File No. 230764. In accordance with the California Mitigation Fee Act, Government Code Section 66001(a), the Board of Supervisors adopts the findings and conclusions of that study, and incorporates those findings and conclusions by reference to support the imposition of the fees under this Section. (Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY

Division (b) amended; Ord. 193-23, Eff. 10/16/2023.

Editor’s Note:

This section was originally designated Sec. 428.1 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation.

SEC. 435.2. DEFINITIONS.

See Section 401 of this Article.

(Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019)

Editor’s Note:

This section was originally designated Sec. 428.2 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation.

SEC. 435.3. APPLICATION OF UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 72-19 , approved 4/19/2019, effective 5/20/2019). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

(a) Application. Section 435.1 et seq. , shall apply to any office development project in the C-3-R Downtown Retail Zoning District.

(b) Amount of fee. The applicable fee shall be $6 per square foot.

(c) Other Fee Provisions. The Union Square Park, Recreation, and Open Space Fee shall be subject to the provisions of this Article, including, but not limited to Sections 401 through 410.

(Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019)

AMENDMENT HISTORY Division (b) amended by Ord. 72-19, Eff. 5/20/2019.

Editor’s Note:

This section was originally designated Sec. 428.3 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation.

[—]

SEC. 436. WELL-RESOURCED NEIGHBORHOODS INCLUSIONARY HOUSING ORDINANCE WAIVER AND ADDITIONAL INCLUSIONARY HOUSING OPTIONS.

This Section 436 provides for a waiver of the requirements in the Inclusionary Housing Ordinance, Section 415 et seq. , for specified Housing Projects in certain districts in Well-Resourced Neighborhoods. This Section 436 also allows Housing Projects in those districts to comply with the Inclusionary Housing Ordinance through a land dedication. As used in this Section 436, Well-Resourced Neighborhoods means those areas outside the Priority Equities Geographies Special Use District (SUD), Section 249.97.

(a) Eligibility. This Section 436 shall apply to Housing Projects in Residential – House (RH), Residential Mixed (RM), Neighborhood Commercial or Named Neighborhood Commercial Districts with a height limit of 65 feet or less located in Well-Resourced Neighborhoods.

(b) Additional Inclusionary Housing Options.

(1) Rent Control. If an eligible Housing Project is a Rental Project and agrees to subject all units in the project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code for the Life of the Project, the project shall not be subject to the Inclusionary Housing Ordinance, Planning Code Section 415 et seq. , pursuant to this Section 436.

(A) Regulatory Agreement. Project Sponsors of Housing Projects that agree to subject all units in the Housing Project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) pursuant to this subsection (a)1 shall enter into a regulatory agreement with the City, as a condition of approval of the project (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (A) a statement that none of the units in the project are subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) because, consistent with California Civil Code Section 1954.52(b), the property owner has entered into and agreed to the terms of an agreement with the City in consideration for a direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. ; (B) a statement that the units will be rented for the Life of the Project because, consistent with Government Code Section 7060.1(a), the property owner has entered into and agreed to the terms of an agreement with the City, in consideration for a direct financial contribution specified in Section 7060.1(a); (C) a statement that all units subject to the Regulatory Agreement shall be held as an undivided ownership and will not be subdivided; (D) a calculation of the direct financial contribution or form of assistance provided to the property owner in the form of the fee waiver; and (E) 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, may execute the Regulatory Agreement, which shall be reviewed and approved as to form 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, 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.

(B) Procedures Manual. If a Housing Project subject to this Section 436 includes Rental Units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower income in compliance with any state law, those units shall comply with the timing, type, and marketing requirements of Section 415.6(e), (f), and (g), and the Procedures Manual, as amended from time to time.

Housing Project subject to this Section 436 includes Rental Units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower income in compliance with any state law, those units shall comply with the timing, type, and marketing requirements of Section 415.6(e), (f), and (g), and the Procedures Manual, as amended from time to time.

(2) Land Dedication Alternative. In lieu of Section 415 et seq. , the Project Sponsor of any Housing Project outside the Priority Equity Geographies SUD, may comply with the Land Dedication Alternative requirements in Section 419.5(a) (2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development site, as determined by the Planning Department. Any land dedicated pursuant to this Section 436 shall be provided outside the Priority Equity Geographies SUD.

(Added by Ord. 260-25, File No. 250815, App. 12/23/2025, Eff. 1/23/2026) CODIFICATION NOTE

1. So in Ord. 260-25.

ARTICLE 5:

[RESERVED]

0-0-0-24697

SEC. 601. PURPOSES OF SIGN CONTROLS.

This Article 6 is adopted in recognition of the important function of signs and of the need for their regulation under the Planning Code. In addition to those purposes of the Planning Code stated in Section 101, it is the further purpose of this Article 6 to:

(a) promote the aesthetic and environmental values of San Francisco by providing for signs that serve as effective means of communication and do not impair the attractiveness of the City as a place to live, work, visit, and shop;

(b) protect public investment in and the character and dignity of public buildings, streets, and open spaces;

(c) protect the distinctive appearance of San Francisco which is produced by its unique geography, topography, neighborhoods, street patterns, skyline and architectural features;

(d) ensure that signs are designed and proportioned in relation to the structures to which they are attached, adjacent structures, and the streets on which they are located;

(e) enhance sidewalks as public spaces by preserving sunlight and views, and foster the unobstructed growth of street trees;

(f) provide an environment which will safeguard and enhance neighborhood livability and property values, and promote the development of business in the City;

(g) encourage sound practices and lessen the objectionable effects of competition in respect to size and placement of signs;

(h) aid in the attraction of tourists and other visitors who are so important to the economy of the City and County;

(i) reduce hazards to motorists, bicyclists, and pedestrians caused by visual distractions and obstructions; and

(j) thereby promote the public health, safety and welfare.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

AMENDMENT HISTORY

Section amended; Ord. 188-15 , Eff. 12/4/2015. Section amended and divisions (a)–(j) designated; Ord. 217-16, Eff. 12/10/2016.

SEC. 602. SIGN DEFINITIONS.

The following definitions shall apply to this Article 6, in addition to such definitions elsewhere in this Code as may be appropriate.

Area (of a Sign).

(a) All Signs Except on Windows, Awnings and Marquees. The entire area within a single continuous rectangular perimeter formed by extending lines around the extreme limits of writing, representation, emblem, or any figure of similar character, including any frame or other material or color forming an integral part of the display or used to differentiate such Sign from the background against which it is placed; excluding the necessary supports or uprights on which such Sign is placed but including any Sign Tower. Where a Sign has two or more faces, the area of all faces shall be included in determining the Area of the Sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the Area of the Sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

(b) On Windows. The Area of any Sign painted directly on a window shall be the area within a rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the window. The Area of any Sign placed on or behind the window glass shall be as described above in subsection (a).

(c) On Awnings or Marquees. The Area of any Sign on an Awning or Marquee shall be the total of all signage on all faces of the structure. All sign copy on each face shall be computed within one rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the face of the awning or marquee.

Attached to a Building. Supported, in whole or in part, by a building.

Business Sign. A Sign which directs attention to the primary business, commodity, service, industry or other activity which is sold, offered, or conducted on the premises upon which such Sign is located, or to which it is affixed. Where a number of businesses, services, industries, or other activities are conducted on the premises, or a number of commodities, services, or other activities with different brand names or symbols are sold on the premises, up to one-third of the area of a Business Sign, or 25 square feet of Sign area, whichever is the lesser, may be devoted to the advertising of one or more of those businesses, commodities, services, industries, or other activities by brand name or symbol as an accessory function of the Business Sign, provided that such advertising is integrated with the remainder of the Business Sign, and provided also that any limits which may be imposed by this Code on the area of individual Signs and the area of all Signs on the property are not exceeded. The primary business, commodity, service, industry, or other activity on the premises shall mean the use which occupies the greatest area on the premises upon which the Business Sign is located, or to which it is affixed.

Directly Illuminated Sign. A Sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such Sign, including but not limited to neon and exposed lamp signs. Freestanding. In no part supported by a building.

Freeway. A highway, in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, the precise route for which has been determined and designated as a Freeway by an authorized agency of the State or a political subdivision thereof. The term shall include the main traveled portion of the trafficway and all ramps and appurtenant land and structures. Trans-Bay highway crossings shall be deemed to be Freeways within the meaning of this definition for purposes of this Code.

General Advertising Sign. A Sign, legally erected prior to the effective date of Section 611 of this Code, which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which the Sign is located, or to which it is affixed, and which is sold, offered or conducted on such premises only incidentally if at all.

Height (of a Sign). The vertical distance from the uppermost point used in measuring the Area of a Sign, as defined in this Section 602, to the ground immediately below such point or to the level of the upper surface of the nearest curb of a Street, Alley or highway (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the Sign.

Historic Movie Theater Projecting Sign. A projecting Business Sign attached to a Qualified Movie Theater, as defined in Section 188(e)(1), when such sign was originally constructed in association with the Qualified Movie Theater or similar historic use. Such Signs are typically characterized by (a) perpendicularity to the primary facade of the building, (b) fixed display of the name of the establishment, often in large lettering descending vertically throughout the length of the Sign; (c) a narrow width that extends for a majority of the vertical distance of a building’s facade, typically terminating at or slightly above the Roofline, and (d) an overall scale and nature such that the Sign comprises a significant and character defining architectural feature of the building to which it is attached. Elimination or change of any lettering or other inscription from a Historic Movie Theater Projecting Sign, such as that which may occur with a change of ownership, change of use, or closure does not preclude classification of the Sign under this Section. For specific controls on the preservation, rehabilitation, or restoration of these signs, refer to Section 188(e) of this Code.

Historic Movie Theater Marquee. A Marquee, as defined in Section 102, attached to a Qualified Movie Theater, as defined in Section 188(e)(1), when such Marquee was originally constructed in association with a Movie Theater or similar historic use. Elimination or change of any lettering or other inscription from a Historic Movie Theater Marquee,

such as that which may occur with a change of ownership, change of use or closure, does not preclude classification of the Marquee under this Section. For specific controls on the preservation, rehabilitation, or restoration of these Signs, refer to Section 188(e) of this Code.

Historic Sign. An Historic Sign is any Sign identified on its own or as one of the character defining features of a property listed or eligible for the National Register of Historic Places or the California Register of Historical Resource, or designated in any manner under Articles 10 or 11 of the Planning Code.

Identifying Sign. A Sign for a use listed in Article 2 of this Code as either a principal or a conditional use permitted in an R District, regardless of the district in which the use itself may be located, which Sign serves to tell only the name, address, and lawful use of the premises upon which the Sign is located, or to which it is affixed. With respect to shopping malls containing five or more stores or establishments in NC Districts, and shopping centers containing five or more stores or establishments in NC-S Districts or in the City Center Special Sign District, Identifying Signs shall include Signs which tell the name of and/or describe aspects of the operation of the mall or center. Shopping malls, as that term is used in this Section, are characterized by a common pedestrian passageway which provides access to the businesses located therein. (Amended by Ord. 218-16; see Sec. 602 history note.)

C-S Districts or in the City Center Special Sign District, Identifying Signs shall include Signs which tell the name of and/or describe aspects of the operation of the mall or center. Shopping malls, as that term is used in this Section, are characterized by a common pedestrian passageway which provides access to the businesses located therein. (Amended by Ord. 218-16; see Sec. 602 history note.)

Indirectly Illuminated Sign. A Sign illuminated with a light directed primarily toward such Sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs. If not effectively so shielded, such sign shall be deemed to be a Directly Illuminated Sign.

Landscaped Freeway. Any part of a Freeway that is now or hereafter classified by the State or a political subdivision thereof as a Landscaped Freeway, as defined in the California Outdoor Advertising Act. Any part of a Freeway that is not so designated shall be deemed a nonlandscaped Freeway.

Nameplate. A sign affixed flat against a wall of a building and serving to designate only the name or the name and professional occupation of a person or persons residing in or occupying space in such building.

Neon Sign. A Sign that is illuminated through the use of noble gas in a vacuum-sealed glass tube. (Added by Ord. 206-22; see Sec. 602 history note.)

Nonilluminated Sign. A Sign which is not illuminated, either directly or indirectly.

Projection. The horizontal distance by which the furthermost point used in measuring the Area of a Sign, as defined in this Section 602, extends beyond a Street Property Line or a building setback line. A Sign placed flat against a wall of a building parallel to a Street or Alley shall not be deemed to project for purposes of this definition. A Sign on an Awning, Canopy or Marquee shall be deemed to project to the extent that such Sign extends beyond a Street Property Line or a building setback line.

Roofline. The upper edge of any building wall or parapet, exclusive of any Sign Tower. Roof Sign. A Sign or any portion thereof erected or painted on or over the roof covering any portion of a building, and either supported on the roof or on an independent structural frame or Sign Tower, or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.

Sale or Lease Sign. A Sign which serves only to indicate with pertinent information the availability for sale, lease or rental of the lot or building on which it is placed, or some part thereof.

Sign. Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected, or represented on any land or right-of-way, or on the outside of any building or structure including an Awning, Canopy, Marquee, or similar appendage, or that touches the glass on the outside or inside of a window or other glazing, so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry.

A “Sign” is composed of those elements included in the Area of the Sign as defined in this Section 602, and in addition the supports, uprights and framework of the display. Except in the case of General Advertising Signs, two or more faces shall be deemed to be a single Sign if such faces are contiguous on the same plane, or are placed back to back to form a

single structure and are at no point more than two feet from one another. Also, on Awnings or Marquees, two or more faces shall be deemed to be a single Sign if such faces are on the same Awning or Marquee structure. (Amended by Ord. 124-25; see Sec. 602 history note.)

Sign Tower. A tower, whether attached to a building, Freestanding, or an integral part of a building, which is erected for the primary purpose of incorporating a Sign, or having a Sign attached thereto.

Street Property Line. For purposes of this Article 6 only, “street property line” shall mean any line separating private property from either a Street or an Alley.

Video Sign. A Sign that displays, emits, or projects or is readily capable of displaying, emitting or projecting a visual representation or image; an animated video, visual representation, or image; or other video image of any kind onto a building, fabric, screen, sidewalk, wall, or other surface through a variety of means, including, but not limited to: camera; computer; digital cinema, imaging, or video; electronic display; fiber optics; film; internet; intranet; light emitting diode screen or video display; microprocessor or microcontrolled based systems; picture frames; plasma display; projector; satellite; scrolling display; streaming video; telephony; television; VHS; wireless transmission; or other technology that can transmit animated or video images.

Vintage Sign. A Sign that depicts a land use, a business activity, a public activity, a social activity or historical figure or an activity or use that recalls the City’s historic past, as further defined in Section 608.14 of this Code, and as permitted by Sections 303 and 608.14 of this Code.

Wall Sign. A Sign painted directly on the wall or placed flat against a building wall with its copy parallel to the wall to which it is attached and not protruding more than the thickness of the sign cabinet.

Wind Sign. Any Sign composed of one or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

Window Sign. A Sign that touches only the inside or outside of a window or other glazing, so as to be seen from the outside of a building.

(Amended by Ord. 124-25; see Sec. 602 history note.)

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 125-70, App. 4/14/70; Ord. 234-72, App. 8/18/72; Ord. 69-87, App. 3/13/87; Ord. 276-98, App. 8/28/98; Proposition G, 3/5/2002; Ord. 28-02, File No. 011962, App. 3/15/2002; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 195-11, File No. 110448, App. 10/4/2011, Eff. 11/3/2011; Res. 319-14, File No. 140821, App. 8/7/2014; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 218-16, File No. 160553, App. 11/10/2016, Eff. 12/10/2016; Ord. 206-22, File No. 220643, App. 10/6/2022, Eff. 11/6/2022) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 217-16, Eff. 12/10/2016 (for the legislative history of prior definition provisions, see the Editor’s Note below). See individual definitions for subsequent amendment history notes.

Editor’s Note:

As part of its amendments to this Code, by Ord. 217-16, consolidated the Art. 6 definitions into a single section, Sec. 602 above. Previously, Art. 6 definitions had been codified under separate section numbers. For the purpose of retaining the legislative history of the now superseded Art. 6 definition provisions, the terms formerly defined in the Article are set forth below, along with their history notes as they existed immediately prior to the effectiveness of Ord. 217-16. SEC. 602.1 AREA (OF A SIGN).

(See Interpretations related to this Section.) (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 69-87, App. 3/13/87) SEC. 602.2 ATTACHED TO A BUILDING. (Added by Ord. 263-65, App. 10/22/65) SEC. 602.3 BUSINESS SIGN. (Added by Ord. 263-65, App. 10/22/65; amended by Res. 319-14, File No. 140821, App. 8/7/2014; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)

SEC. 602.4 DIRECTLY ILLUMINATED SIGN. (Added by Ord. 263-65, App. 10/22/65) SEC. 602.5 FREESTANDING. (Added by Ord. 263-65, App. 10/22/65) SEC. 602.6 FREEWAY. (Added by Ord. 263-65, App. 10/22/65) SEC. 602.7 GENERAL ADVERTISING SIGN. (See Interpretations related to this Section.) (Added by Ord. 263-65, App. 10/22/65; amended by Proposition G, 3/5/2002) SEC. 602.8 HEIGHT (OF A SIGN). (Amended by Ord. 234-72, App. 8/18/72) SEC. 602.9 HISTORIC SIGNS AND HISTORIC SIGN DISTRICTS. (Added by Ord. 276-98, App. 8/28/98) SEC. 602.10 IDENTIFYING SIGN. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 69-87, App. 3/13/87; Ord. 276-98, App. 8/28/98; Ord. 195-11, File No. 110448, App. 10/4/2011, Eff. 11/3/2011) SEC. 602.11 INDIRECTLY ILLUMINATED SIGN. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.12 LANDSCAPED FREEWAY. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.13 NAME PLATE.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.14 NONILLUMINATED SIGN. (See Interpretations related to this Section.) (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.15 PROJECTION. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.16 ROOFLINE. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.17 ROOF SIGN. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.18 SALE OR LEASE SIGN. (See Interpretations related to this Section.) (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.19 SIGN.

(See Interpretations related to this Section.) (Amended by Ord. 125-70, App. 4/14/70; Ord. 69-87, App. 3/13/87; Ord. 276-98, App. 8/28/98) SEC. 602.20 SIGN TOWER. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.21 STREET PROPERTY LINE. (See Interpretations related to this Section.) (Added by Ord 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98) SEC. 602.21A VIDEO SIGN. (Added by Ord. 28-02, File No. 011962, App. 3/15/2002) SEC. 602.22 WALL SIGN.

(Amended by Ord. 125-70, App. 4/14/70; Ord. 69-87, App. 3/13/87; Ord. 276-98, App. 8/28/98) SEC. 602.23 WIND SIGN.

(See Interpretations related to this Section.)

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 276-98, App. 8/28/98) SEC. 602.24 WINDOW SIGN.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 276-98, App. 8/28/98; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)

SEC. 602.25 HISTORIC MOVIE THEATER PROJECTING SIGN.

(Added by Ord. 242-08, File No. 071431, App. 10/30/2008; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

SEC. 602.26 HISTORIC MOVIE THEATER MARQUEE.

(Added by Ord. 242-08, File No. 071431, App. 10/30/2008; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

SEC. 603. EXEMPTED SIGNS.

(See Interpretations related to this Section.)

Nothing in this Article 6 shall apply to any of the following signs:

• (a) Noncommercial Signs, including but not limited to

• (1) Official public notices, and notices posted by public officers in performance of their duties;

• (2) Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad

crossing signs, and signs of public service companies indicating danger and aids to service or safety;

• (3) Temporary display posters, without independent structural support, in connection with political campaigns and with civic noncommercial health, safety, and welfare campaigns;

• (4) Flags, emblems, insignia, and posters of any nation or political subdivision, and temporary displays of a patriotic, religious, charitable, or other civic character;

• (5) House numbers, whether illuminated or not, “no trespassing,” “no parking,” and other warning signs;

• (6) Commemorative plaques placed or provided by recognized historical agencies;

• (7) Religious symbols;

(8) Information plaques or signs which identify to the public open space resources, architectural features, creators of artwork, or otherwise provide information required by this Code or by other City agencies, or an identifying sign which directs the general public and/or patrons of a particular establishment to open space or parking resources.

(b) Signs within a stadium, open-air theater, or arena which are designed primarily to be viewed by patrons within such stadium, open-air theater, or arena;

(c) Two General Advertising Signs each not exceeding 24 square feet in area on either a transit shelter or associated advertising kiosk furnished by contract with the Municipal Transportation Agency or predecessor agency for the Municipal Railway in RTO, RM-2, RM-3, RM-4, RC, NC, C, M, PDR, Eastern Neighborhoods Mixed Use Districts, and in those P Districts where such Signs would not adversely affect the character, harmony, or visual integrity of the district as determined by the Planning Commission; eight General Advertising Signs each not exceeding 24 square feet in area on transit shelters located on publicly owned property on a high level Municipal Railway boarding platform in an RH-1D District adjacent to a C-2 District, provided that such advertising signs solely face the C-2 District; up to three doublesided General Advertising Signs each not exceeding 24 square feet in area on or adjacent to transit shelters on publicly owned high level Municipal Railway boarding platforms along The Embarcadero south of the Ferry Building, up to six double-sided panels at 2nd and King Streets, and up to four double-sided panels at 4th and King Streets; up to two doublesided panels not exceeding 24 square feet in area on each low-level boarding platform at the following E-Line stops: Folsom Street and The Embarcadero, Brannan Street and The Embarcadero, 2nd and King Streets, and 4th and King

Embarcadero south of the Ferry Building, up to six double-sided panels at 2nd and King Streets, and up to four double-sided panels at 4th and King Streets; up to two doublesided panels not exceeding 24 square feet in area on each low-level boarding platform at the following E-Line stops: Folsom Street and The Embarcadero, Brannan Street and The Embarcadero, 2nd and King Streets, and 4th and King

Streets; and a total of 71 double-sided General Advertising Signs each not exceeding 24 square feet in area on or adjacent to transit shelters on 28 publicly owned high level Municipal Railway boarding platforms serving the Third Street Light Rail Line. Each advertising sign on a low-level or high-level boarding platform shall be designed and sited in such a manner as to minimize obstruction of public views from pedestrian walkways and/or public open space.

Notwithstanding the above, no Sign shall be placed on any transit shelter or associated advertising kiosk located on any sidewalk which shares a common boundary with any property under the jurisdiction of the Recreation and Park Commission, with the exception of Justin Herman Plaza; on any sidewalk on Zoo Road; on Skyline Boulevard between Sloat Boulevard and John Muir Drive; on John Muir Drive between Skyline Boulevard and Lake Merced Boulevard; or on Lake Merced Boulevard on the side of Harding Park Municipal Golf Course, or on any sidewalk on Sunset Boulevard between Lincoln Way and Lake Merced Boulevard; on any sidewalk on Legion of Honor Drive; or in the Civic Center Special Sign Districts as established in Section 608.3 of this Code.

The provisions of this subsection (c) shall be subject to the authority of the Port Commission under Sections 4.114 and B3.581 of the City Charter and under State law.

(d) Two General Advertising Signs each not exceeding 52 square feet in area on a public service kiosk furnished by contract with the Department of Public Works which contract also provides for the installation and maintenance of automatic public toilets. Each such public service kiosk shall be divided into three sections, one of which shall provide a public service, such as a newsstand, newsrack, map, public telephone, vending machine, display of public service information, or interactive video terminal.

(e) Advertising placed on fixed pedestal newsrack units in accordance with Section 184.12 of the Public Works Code.

(f) To the extent not otherwise exempted pursuant to subsection (a) of this Section 603, any Historic Movie Theater Projecting Sign or Historic Movie Theater Marquee when preserved, rehabilitated, restored, or reconstructed pursuant to Section 188(e) of the Planning Code.

(Amended by Ord. 77-85, App. 2/19/85; Ord. 69-87, App. 3/13/87; Ord. 114-89, App. 4/14/89; Ord. 115-90, App. 4/6/90; Ord. 262-94, App. 7/15/94; Ord. 285-94, App. 8/2/94; Ord. 32-97, App. 2/7/97; Ord. 340-98, App. 11/13/98; Ord. 278-06, File No. 061210, App. 11/17/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff.

7; Ord. 114-89, App. 4/14/89; Ord. 115-90, App. 4/6/90; Ord. 262-94, App. 7/15/94; Ord. 285-94, App. 8/2/94; Ord. 32-97, App. 2/7/97; Ord. 340-98, App. 11/13/98; Ord. 278-06, File No. 061210, App. 11/17/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 228-12 , File No. 120220, App. 11/14/2012, Eff.

12/14/2012; amended by Ord. 218-16, File No. 160553, App. 11/10/2016; Eff. 12/10/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (k) amended; Ord. 228-12 , Eff. 12/14/2012. Divisions (h), (i), (k), and (l) deleted; divisions (a), (a)(7), and (a)(8) added; former divisions (a)–(f) amended and redesignated as divisions (a)(1)–(a)(6); former divisions (g), (j), and (m)–(o) amended and redesignated as divisions (b)–(f); Ord. 218-16, Eff. 12/10/2016. Division (c) amended; Ord. 296-18, Eff. 1/12/2019. Division (f) amended; Ord. 63-20, Eff. 5/25/2020. Division (c) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 604. PERMITS AND CONFORMITY REQUIRED.

(See Interpretations related to this Section.)

(a) Approval of Application. An application for a permit for a sign that conforms to the provisions of this Code shall be approved by the Planning Department without modification or disapproval by the Planning Department or the Planning Commission, pursuant to the authority vested in them by Section 26 of the Business and Tax Regulations Code or any other provision of said Municipal Code; provided, however, that applications pertaining to (1) signs subject to the regulations set forth in Article 10 of the Planning Code, Preservation of Historical, Architectural and Aesthetic Landmarks, Article 11, Preservation of Buildings and Districts of Architectural, Historical and Aesthetic Importance in the C-3 Districts and Historic Signs and Vintage Signs as defined in Section 602 may be disapproved pursuant to the relevant provisions thereof, and (2) preservation, restoration, rehabilitation, or reconstruction of Historic Movie Theater Projecting

Signs or Historic Movie Theater Marquees as set forth in Section 188(e) may be modified or disapproved subject to applicable sections of the General Plan, this Code, relevant design guidelines, Department or Commission policy, or the Secretary of the Interior Standards for the Treatment of Historic Properties. No sign, other than those signs exempted by Section 603 of this Code, shall be erected, placed, replaced, reconstructed or relocated on any property, intensified in illumination or other aspect, or expanded in area or in any dimension except in conformity with Article 6 of this Code. No such erection, placement, replacement, reconstruction, relocation, intensification, or expansion shall be undertaken without a permit having been duly issued therefor, except as specifically provided otherwise in this Section 604.

or relocated on any property, intensified in illumination or other aspect, or expanded in area or in any dimension except in conformity with Article 6 of this Code. No such erection, placement, replacement, reconstruction, relocation, intensification, or expansion shall be undertaken without a permit having been duly issued therefor, except as specifically provided otherwise in this Section 604.

(b) Applicability of Section. The provisions of this Section 604 shall apply to work of the above types on all Signs unless specifically exempted by this Code, whether or not a permit for such Sign is required under the San Francisco Building Code . In cases in which permits are not required under the Building Code, a Planning application shall be submitted to the Planning Department for approval.

(c) Exceptions to Permit and Planning Approval Requirements. No permit or Planning approval that would otherwise be required by this Article 6 shall be required for the Signs in this subsection (c) to the extent such Signs are permitted by this Code.

• (1) Wall and Window Signs applied on a door, window, or any façade of a building, except for:

• (A) Signs located in Public and Residential Districts;

• (B) Signs that would otherwise require review and approval under Articles 10 and 11;

• (C) Signs that require a building permit; or

• (D) General Advertising Signs.

• (2) Ordinary maintenance and minor repairs which do not involve replacement, alteration, reconstruction, relocation, intensification, or expansion of the Sign.

• (3) Temporary sale or lease Signs, temporary Signs of persons and firms connected with work on buildings under actual construction or alteration, and temporary business Signs, to the extent that such Signs are permitted by this Code.

• (4) Change of copy on a Sign, provided that the change in copy does not:

• (A) require a building permit;

• (B) constitute a change from general advertising to nongeneral advertising sign copy or from nongeneral

advertising to general advertising sign copy; or

• (C) increase the Area, Height, Illumination, or Projection, excluding any changes to Area, Height, Illumination, or Projection that affect only the copy on the Sign.

(d) Scaled Drawing. Each application for a permit for a Sign shall be accompanied by a scaled drawing of the Sign, including the location of the Sign on the building or other structure or on the lot, and including (except in the case of a Sign the customary use of which involves frequent and periodic changes of copy) such designation of the copy as is needed to determine that the location, Area, and other provisions of this Code are met.

permit for a Sign shall be accompanied by a scaled drawing of the Sign, including the location of the Sign on the building or other structure or on the lot, and including (except in the case of a Sign the customary use of which involves frequent and periodic changes of copy) such designation of the copy as is needed to determine that the location, Area, and other provisions of this Code are met.

(e) Nonconforming Signs; Replacement, Alteration, Reconstruction, Relocation, Intensification, or Expansion. Unless otherwise provided in this Code or in other Codes or regulations, a lawfully existing Sign which fails to conform to the provisions of this Article 6 shall be brought into conformity when the activity for which the Sign has been posted ceases operation or moves to another location, when a new building is constructed, or at the end of the Sign’s normal life. Such Sign may not, however, be replaced, altered, reconstructed, relocated, intensified, or expanded in Area or in any dimension except in conformity with the provisions of this Code, including subsection (f) below. Ordinary maintenance and minor repairs shall be permitted, but such maintenance and repairs shall not include replacement, alteration, reconstruction, relocation, intensification, or expansion of the Sign; provided, however, that alterations of a structural nature required to reinforce a part or parts of a lawfully existing Sign to meet the standards of seismic loads and forces of the Building Code, to replace a damaged or weathered signboard, to ensure safe use and maintenance of that Sign, to remediate hazardous materials, or any combination of the above alterations shall be considered ordinary maintenance and shall be allowed. A Sign which is damaged or destroyed by fire or other calamity shall be governed by the provisions of Sections 181(d) and 188(b) of this Code.

A Sign which is voluntarily destroyed or removed by its owner or which is required by law to be removed may be restored only in full conformity with the provisions of this Code, except as authorized in subsection (f) below. A General Advertising Sign that has been removed shall not be reinstalled, replaced, or reconstructed at the same location, and the erection, construction, and/or installation of a General Advertising Sign at that location to replace the previously existing Sign shall be deemed to be a new Sign in violation of Section 611(a) of this Code; provided, however, that such reinstallation, replacement, or reconstruction pursuant to a permit duly issued prior to the effective date of this requirement shall not be deemed a violation of Section 611(a) and shall be considered a lawfully existing nonconforming General Advertising Sign; and further provided that this prohibition shall not prevent a General Advertising Sign from being relocated to that location pursuant to a Relocation Agreement and conditional use authorization under Sections 611 and 303(k) of this Code and Section 2.21 of the Administrative Code.

ed a violation of Section 611(a) and shall be considered a lawfully existing nonconforming General Advertising Sign; and further provided that this prohibition shall not prevent a General Advertising Sign from being relocated to that location pursuant to a Relocation Agreement and conditional use authorization under Sections 611 and 303(k) of this Code and Section 2.21 of the Administrative Code.

A nonconforming Neon Sign may be physically detached from the building for any required repairs or maintenance, except that such maintenance or repairs shall not include replacement, reconstruction, relocation, intensification, or expansion of the Neon Sign. After the off-site repair or maintenance work is complete, the Neon Sign may be reinstalled at the premises in the same location where the Neon Sign was previously affixed, so long as such replacement is completed within 18 months of removal.

(f) Business Signs. When the activity for which a Business Sign has been posted has ceased operation for more than 90 days, all Signs pertaining to that business activity shall be removed after that time. A lawfully existing business that is relocating to a new location within 300 feet of its existing location within the North Beach Neighborhood Commercial District described in Section 722 of this Code may move to the new location within said North Beach Neighborhood Commercial District one existing Business Sign together with its associated sign structure, whether or not the Sign is nonconforming in its new location; provided, however, that the Sign is not intensified or expanded in Area or in any dimension except in conformity with the provisions of this Code. With the approval of the Zoning Administrator, however, the sign structure may be modified to the extent mandated by the Building Code. In no event may a painted Sign or a Sign with flashing, blinking, fluctuating, or other animated light be relocated unless in conformity with current code requirements applicable to its new location. In addition, the provisions of Articles 10 and 11 of this Code shall apply to the relocation of any Sign to a location regulated by the provisions of said Articles.

(g) Nothing in this Article 6 shall be deemed to permit any use of property that is otherwise prohibited by this Code, or to permit any Sign that is prohibited by the regulations of any Special Sign District or the standards or procedures of any Redevelopment Plan or any other Code or legal restriction.

(h) Public Areas. No Sign shall be placed upon any public street, alley, sidewalk, public plaza or right-or-way, or in any portion of a transit system, except such projecting Signs as are otherwise permitted by this Code and Signs, structures, and features as are specifically approved by the appropriate public authorities under applicable laws and regulations and under such conditions as may be imposed by such authorities.

(i) Maintenance. Every Sign shall be adequately maintained in its appearance. When the activity for which a Business Sign has been posted has ceased operation for more than 90 days, all Signs pertaining to that business activity shall be removed after that time.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 172-97, App. 5/9/97; Ord. 276-98, App. 8/28/98; Ord. 140-06, File No. 052921, App. 6/22/2006; Ord. 242-08, File No. 071431, App. 10/30/2008; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; 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; Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025)

AMENDMENT HISTORY

Reference amended in division (h); Ord. 235-14 , Eff. 12/26/2014. Divisions (a)-(i) amended; divisions (k) and (l) added; Ord. 20-15, Eff. 3/22/2015. Division (c) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (a) and (i) amended; Ord. 202-

18, Eff. 9/10/2018. Division (h) amended; division (m) added; Ord. 122-23, Eff. 8/5/2023. Division (h) amended; division (m) added and amended; Ord. 159-23, Eff. 8/28/2023. Divisions (f) and (m) amended; Ord. 204-24, Eff. 9/1/2024. Division (a) amended; divisions (c)-(f) amended as (c)-(c)(4)(C); divisions (g)-(l) amended as (d)-(i); division (m) deleted; Ord. 124-25, Eff. 9/1/2025.

SEC. 604.1. INFORMATION REQUIRED ON ADVERTISING SIGNS.

(a) Information Required on General Advertising Signs. Each general advertising sign authorized by this Code shall bear the following information:

• (1) an imprint identifying the name of the sign company;

• (2) the permit number; and

• (3) the permitted sign dimensions.

This information shall be imprinted and maintained on the face or edge of the sign. Electric signs may have an

approved metal tag attached to them instead of imprinted characters. See also requirements specified in Section 3102F.2 of the San Francisco Building Code.

The required text size shall be:

• (i) a minimum of 2 inches in height for general advertising signs of 100 square feet or less;

• (ii) a minimum of 4 inches in height for general advertising signs of 101 square feet to 500 square feet; and

(iii) a minimum of 8 inches in height for general advertising signs of over 500 square feet.

(b) New Signs; When Required. The information required by Subsection (a) shall be provided on each new general advertising sign or whenever a new permit is required, and must be kept accurate and maintained regardless of change of text or graphics.

(c) Existing Signs; When Required. The information required by Subsection (a) shall be included on each existing general advertising sign within twelve months of the effective date of this legislation. If no permit can be located within the 12-month period, the Director of Planning shall grant one six-month extension to allow the owner of the sign to apply for and obtain the in-lieu identifying number referred to below in this Subsection (c).

ion required by Subsection (a) shall be included on each existing general advertising sign within twelve months of the effective date of this legislation. If no permit can be located within the 12-month period, the Director of Planning shall grant one six-month extension to allow the owner of the sign to apply for and obtain the in-lieu identifying number referred to below in this Subsection (c).

Where no permit can be located for a general advertising sign but the Director of the Planning Department concludes, based on evidence submitted to or possessed by the Planning Department, that the sign likely was legally authorized at the time it was installed at its current location, the Department shall issue an identifying number in lieu of a permit number and the sign shall be considered a lawful nonconforming use under Section 604(h) of this Code. This identifying number shall be imprinted and maintained on the sign in lieu of the permit number required by Subsection 604.1(a) above. The Director's conclusion concerning the legality or illegality of the sign and the rationale supporting that conclusion shall be set forth in writing and mailed to the applicant.

(d) Violations; Additional Penalty. Failure to comply with these requirements shall be deemed to be a violation of Article 6 and subject to the penalties for violation set forth in this Article 6 or elsewhere in this Code. If the Director of Planning determines that the information provided on the sign, as required by Subsection (a), is knowingly false, inaccurate or misleading, an additional penalty of $1,000.00 a day may be imposed by the Director on the sign company in addition to the other penalties set forth in this Article 6 or elsewhere in this Code.

(Added by Ord. 73-01, File No. 002196, App. 5/18/2001; amended by Ord. 232-02, File No. 021727, App. 12/20/2002)

SEC. 604.2. GENERAL ADVERTISING SIGN INVENTORIES.

(a) Submission of Initial Sign Inventory. Within 60 days of the effective date of this Section, any general advertising sign company that owns a general advertising sign located in the City shall submit to the Department a current, accurate, and complete inventory of its general advertising signs together with the inventory processing fee required by subsection (f) below. Any general advertising company that commences ownership of one or more general advertising signs located in the City after the effective date of this Section shall submit an inventory together with the inventory processing fee

within 60 days after its commences such ownership whether or not the signs on the inventory have previously been reviewed by the Department in its review of the inventory of a previous owner.

(b) All Signs to be Included in the Inventory; Inclusion Not Evidence of Legality. The inventory shall identify all general advertising signs located within the City that the general advertising company owns and/or operates under a lease, license or other agreement whether or not those signs can be proved to be lawfully existing. Inclusion of a sign on the inventory shall not be considered evidence that a sign is lawfully existing.

ventory; Inclusion Not Evidence of Legality.** The inventory shall identify all general advertising signs located within the City that the general advertising company owns and/or operates under a lease, license or other agreement whether or not those signs can be proved to be lawfully existing. Inclusion of a sign on the inventory shall not be considered evidence that a sign is lawfully existing.

For purposes of this Section, a "general advertising sign company" shall mean an entity that owns a general advertising sign structure, as distinguished from the person or entity that owns the property on which the sign is located.

• (c) The initial sign inventory required by subsection (a) above shall include a site map that shows the location of all signs identified in the inventory, and shall provide the following information for each sign:

• (1) The location of the sign by street address, by block and lot, and by nearest intersection;

• (2) A photograph of the sign in its existing location on the lot, specifically identifying the sign;

• (3) The date of original erection or installation of the sign, if known;

• (4) The permit number or in-lieu identifying number issued by the Department pursuant to Section 604.1(c) of this Code;

• (5) The approved and existing area, dimensions, height, and any other special features of the sign such as illumination or movement;

• (6) The type of sign, as defined in Section 602 of this Code;

• (7) Evidence that the sign has not been removed and still exists at the authorized location, and that the sign company is the owner of the sign structure;

• (8) Permit number and, in the case of subsequent modifications of the sign, including, but not limited to, illumination, permit application number or permit number;

• (9) Evidence that the sign still is in use for general advertising; and

(10) Information, if known, whether the sign had a prior use as a non-general advertising sign, including, but not limited to, a business sign or exempt sign, and the duration of such prior use.

• (d) Affidavit. The general advertising sign company shall submit with the inventory an affidavit signed under penalty of perjury by a duly authorized officer or owner of the sign company stating that:

• (1) The sign inventory and site map are current, accurate, and complete to the best of his or her knowledge;

(2) The officer or owner believes, after the exercise of reasonable and prudent inquiry, that all signs on the inventory have been erected or installed with an appropriate City permit or have an in-lieu identifying number granted by the Director of Planning;

• (3) The general advertising sign company is the owner of all sign structures listed on the inventory.

(e) Inventory Update. Any general advertising sign company that has submitted an initial sign inventory pursuant to subsection (a) above shall be responsible for keeping its inventory updated by reporting in writing to the Department the sale or removal of any general advertising sign identified in the inventory, the purchase of a sign from another sign company or owner, or the relocation of a sign pursuant to a Relocation Agreement and conditional use authorization. Such reporting to the Department shall be made within 30 days of the actual sale, removal, purchase, or relocation of the sign. The fee charged to a sign company for an update to its initial sign inventory shall be the fee per sign structure set forth in Section 358 of this Code.

(f) Inventory Processing Fee. With the submission of the initial sign inventory required by subsection (a) above, the general advertising sign company shall pay the inventory processing fee set forth in Section 358 of this Code. After payment of this initial inventory processing fee, the general advertising sign company shall annually pay an inventory maintenance fee as set forth in Section 358. The Department shall use the inventory processing fee solely for the following purposes:

(1) To compensate the Department for its costs in verifying that the signs identified in the corresponding inventory are lawfully existing;

(2) To obtain removal, through abatement actions or other Code enforcement activities, of any signs included on the inventory that the Department determines to be existing illegally.

(g) Departmental Notification of Failure to Submit Complete Inventories. The Department shall notify in writing those sign companies that have not submitted or have submitted incomplete sign inventories, or have not timely submitted an inventory update.

(1) Within 30 days of the date of notification provided under Subsection (g), the sign company shall submit a complete inventory with the inventory processing fee and a penalty of $580.00 per sign for those signs that were not identified or those improperly identified.

(2) If the sign company fails to submit the complete inventory with the processing fee and full penalty amount provided in Subsection (g)(1), then, within 60 days of the date of notification provided under Subsection (g), the penalty will increase to $1,160.00 per sign for those signs that were not identified or those improperly identified.

(3) Any penalties assessed pursuant to Subsections (g)(1) and (2) above, are appealable to the Board of Appeals.

(4) The Board of Appeals, in reviewing the appeal of the penalty assessed may reduce the amount of the penalty if the Board of Appeals finds that the sign owner: (i) was not properly notified or (ii) had previously submitted a sign inventory that included the signs for which the penalty was assessed. The Board of Appeals also may reduce the amount of the penalty if it finds that any action on the part of the Department resulted an improper assessment of the penalty charge.

reduce the amount of the penalty if the Board of Appeals finds that the sign owner: (i) was not properly notified or (ii) had previously submitted a sign inventory that included the signs for which the penalty was assessed. The Board of Appeals also may reduce the amount of the penalty if it finds that any action on the part of the Department resulted an improper assessment of the penalty charge.

(5) If the sign company fails to submit the full penalty amount assessed pursuant to Subsections (g)(1) and (2) or as modified by the Board of Appeals pursuant to Subsections (g)(3) and (4), the Planning Department shall request the City's Treasurer/Tax Collector to pursue the outstanding penalties after 90 days of the date of notification provided under Subsection (g).

(6) All penalty revenues received shall be deposited in the Code Enforcement Fund.

(h) The Department shall submit to the Commission and the Board of Supervisors an annual report that includes: (i) annual revenues from the inventory processing fee, annual inventory maintenance fee, in-lieu application fee, and the relocation agreement application fee, (ii) annual expenditures for the sign inventory program, and (iii) a progress report on the number of general advertising signs verified in the sign inventory; in-lieu requests; and Code enforcement actions for general advertising signs processing, backlog, and abatement actions.

(Added by Ord. 140-06, File 052921, App. 6/22/2006; Ord. 200-06, File No. 060849, App. 7/21/2006)

SEC. 605. PUBLIC USE DISTRICTS.

Business signs in P Districts shall be subject to the controls of this Article 6 for the zoning district nearest the location of the proposed sign, other than Public Districts or Residential Districts. No general advertising sign, other than those signs exempted by Section 603 of this Code, shall be permitted.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 285-94, App. 8/2/94; Ord. 80-14 , File No. 140062, App. 6/13/2014, Eff. 7/13/2014)

AMENDMENT HISTORY

Section amended; Ord. 80-14 , Eff. 7/13/2014.

SEC. 606. RESIDENTIAL AND RESIDENTIAL ENCLAVE DISTRICTS.

(See Interpretations related to this Section.)

Signs in Residential and Residential Enclave Districts, excluding the Residential Transit Oriented-Commercial (RTO-C) District, and other than those Signs exempted by Section 603 of this Code, shall conform to the following provisions:

(a) General Provisions for All Signs.

(1) No sign shall project beyond a street property line or legislated setback line, or into a required front setback area.

(2) No sign shall have or consist of any moving, rotating or otherwise animated part, or (if permitted to be illuminated) any flashing, blinking, fluctuating or otherwise animated light.

• (3) No roof sign, wind sign, or general advertising sign shall be permitted.

(4) No sign shall extend above the roofline of a building to which it is attached, or above a height of 12 feet, except as permitted below.

(b) Signs for Uses Permitted in Residential and Residential Enclave Districts. The following types of signs, subject to the limitations prescribed for them, shall be the only signs permitted for uses authorized as principal or conditional uses in R and RED Districts, except that signs for any commercial establishments shall be subject to the limitations of Paragraph (c) below.

(1) One nonilluminated or indirectly illuminated nameplate for each street frontage of the lot, not exceeding a height of 12 feet, and having an area not exceeding one square foot in RH Districts or two square feet in RM or RED Districts. (2) One identifying sign for each street frontage of the lot, not exceeding a height of 12 feet, and meeting the following additional requirements:

(A) In RH Districts: nonilluminated or indirectly illuminated only; maximum area 12 square feet;

(B) In RM, RTO or RED Districts: maximum area eight square feet if directly illuminated, and 20 square feet if nonilluminated or indirectly illuminated.

(3) Sale or Lease Signs. One temporary nonilluminated or indirectly illuminated sale or lease sign for each street frontage of the total parcel involved, not exceeding a height of 24 feet if freestanding and not above the roofline if attached to a building, and having an area not exceeding six square feet for each lot or for each 3,000 square feet in such total parcel, whichever ratio permits the larger area, provided that no such sign shall exceed 50 square feet in area and any such sign exceeding 18 square feet in area shall be set back at least 25 feet from all street property lines. Any sale or lease sign shall be removed within seven days following removal of the property from the market.

(4) Construction Signs. Temporary nonilluminated signs of persons and firms connected with work on buildings under actual construction or alteration, giving their names and information pertinent to the project, not exceeding a height of 12 feet, with the combined area of all such signs not to exceed 10 square feet for each street frontage of the project.

(c) Business Signs for Limited Commercial Uses . For Limited Commercial Uses, as described in Section 186 of this Code, and for Limited Corner Commercial Uses, as permitted by Section 231, the following controls shall apply:

(1) Wall Signs. One wall sign is permitted for each street frontage occupied by the use, placed flat against the wall that faces such street and not located above the ground floor. Such sign shall not exceed an area of one square foot for each linear foot of street frontage occupied by the building or part thereof that is devoted to the commercial use or 50 square feet per street frontage, whichever is less. Any such sign may be nonilluminated or indirectly illuminated.

(2) Window Signs. Window Signs are permitted. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated or Indirectly Illuminated.

(3) Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as defined in Section 602.1(a), shall not exceed six square feet. The height of such sign shall not exceed 14 feet, or the height of the lowest residential windowsill above the commercial use, whichever is lower. No part of the sign shall project more than 75 percent of the horizontal distance from the street property line to the curbline, or four feet, whichever is less. Any such sign may be nonilluminated or indirectly illuminated.

(4) Signs on Awnings. Sign copy may be located on permitted awnings in lieu of wall signs and projecting signs. The area of such sign copy as defined in Section 602.1(c) shall not exceed 20 square feet per business. Such sign copy may be nonilluminated or indirectly illuminated.

(5) Illumination. Any illumination permitted for signs covered by this Subsection (c) shall be extinguished at all times when the commercial use is not open for business.

(d) Signs for Other Nonconforming Uses. Any illumination permitted for signs covered by this Subsection (d) shall be extinguished at all times when the nonconforming use is not open for business.

(1) Automobile Service Stations. The following business signs are permitted for an automobile service station. Any such signs may be nonilluminated or indirectly or directly illuminated. Directly illuminated signs may be illuminated only

during open business hours.

(A) A maximum of two oil company signs, which shall not extend above the roofline if attached to a building, or exceed a height of 24 feet if freestanding. The area of any such sign shall not exceed 180 square feet, and along each street frontage all parts of such a sign or signs that are within 10 feet of the street property line shall not exceed 80 square feet in area. The areas of other permanent and temporary signs as covered in Subparagraph 606(d)(1)(B) below shall not be included in the calculation of the areas specified in this Subparagraph.

(B) Other Permanent and Temporary Signs Customarily Incidental to the Service Station Business. No such sign shall extend above the roofline if attached to a building, or exceed a height of 12 feet if freestanding. The area of such signs shall not exceed 20 square feet for each such sign or a total of 80 square feet for all such signs on the premises.

(2) Open Land Uses. If there is no building with more than 50 square feet of floor area involved in the use, one business sign is permitted for each street frontage occupied by such use, not exceeding a height of 12 feet and having an area not exceeding one square foot for each foot of such street frontage. The total area of all signs for such a use shall not exceed 50 square feet. Any such sign may be nonilluminated or indirectly illuminated.

more than 50 square feet of floor area involved in the use, one business sign is permitted for each street frontage occupied by such use, not exceeding a height of 12 feet and having an area not exceeding one square foot for each foot of such street frontage. The total area of all signs for such a use shall not exceed 50 square feet. Any such sign may be nonilluminated or indirectly illuminated.

(3) Other Uses. For a use not listed in Subsections 606(c) or 606(d) above, one business sign is permitted for each street frontage occupied by the use, placed flat against the wall that faces such street and not located above the ground floor. Such sign shall not exceed an area of one square feet for each foot of street frontage occupied by the building or part thereof that is devoted to the nonconforming use. The total area of all signs for such a use shall not exceed 100 square feet. Any such sign may be nonilluminated or indirectly illuminated.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; 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. 124-25, File No. 250542,

App. 8/1/2025, Eff. 9/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Division (b)(2)(B) amended; Ord. 56-13 , Eff. 4/27/2013. Introductory paragraph and divisions (b) and (b)(2)(B) amended; former division (b)(2)(C) deleted; divisions (b)(3) and (b)(4) amended; new division (c) added and former division (c) redesignated as (d) and amended; divisions (d)(1), (d)(1)(A), and (d)(3) amended; Ord. 22-15, Eff. 3/22/2015. Section header and division (a)(4) amended; Ord. 188-15 , Eff. 12/4/2015. Introductory paragraph and division (c)(2) amended; Ord. 124-25, Eff. 9/1/2025. Introductory paragraph amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 607. COMMERCIAL AND INDUSTRIAL DISTRICTS.

(See Interpretations related to this Section.)

Signs in C, M, and PDR Districts, other than those Signs exempted by Section 603 of this Code, shall conform to the following provisions:

(a) General Advertising Signs. No General Advertising Sign shall be permitted in any C, M, or PDR District.

(b) Roof Signs. Except for Historic Signs and Vintage Signs, Roof Signs are not permitted in C, M, and PDR Districts.

(c) Wind Signs. No Wind Sign shall be permitted in any C, M, or PDR District.

(d) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s

ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(e) Moving Parts. No Sign shall have or consist of any moving, rotating, or otherwise physically animated part (as distinguished from lights that give the appearance of animation by flashing, blinking or fluctuating), except as follows:

(1) Moving or rotating or otherwise physically animated parts may be used for the rotation of barber poles and the indication of time of day and temperature.

(2) Notwithstanding the type of Signs permissible under subsection (e), a Video Sign is prohibited.

(f) Illumination. Any Sign may be Nonilluminated or Indirectly or Directly Illuminated. Signs in PDR, C-3, and M-2 Districts shall not be limited in any manner as to type of illumination, but no Sign in a C-2 or M-1 District shall have or consist of any flashing, blinking, fluctuating or otherwise animated light except as specifically designated as “Special Districts for Sign Illumination” on Sectional Map SSD of the Zoning Map of the City and County of San Francisco, described in Section 608 of this Code, in the C-2 area consisting of five blocks in the vicinity of Fisherman’s Wharf. Notwithstanding the type of Signs permissible under subsection (f), a Video Sign is prohibited in the district.

(g) Projection. Except for Historic Signs, Vintage Signs, Historic Theater Marquees, and Historic Theater Projecting Signs, no Sign shall project more than 75% of the horizontal distance from the Street Property Line to the curbline and in no case shall a Sign project more than six feet beyond the Street Property Line or building setback line.

(h) Height and Extension Above Roofline.

(1) Signs Attached to Buildings. Except as provided in Section 260 for Historic Signs, in Section 608.14 for Vintage Signs, and in Section 188(e) for Historic Movie Theater Marquees and Historic Movie Theater Projecting Signs, no Sign Attached to a Building shall extend or be located above the Roofline of the building to which it is attached. In addition, no Sign Attached to a Building shall under any circumstances exceed a maximum height of:

In C-3: 100 feet;

In all other C, M, and PDR Districts: 60 feet.

Such Signs may contain letters, numbers, a logo, service mark and/or trademark and may be Nonilluminated or Indirectly Illuminated.

(2) Freestanding Signs. The maximum height for Freestanding Signs shall be as follows: In C-2: 36 feet;

In all other C, M, and PDR Districts: 40 feet.

(i) Special Standards for Automotive Service Stations. For Automotive Service Stations, only the following Signs are permitted, subject to the standards in this subsection (i) and to all other standards in this Section 607.

(1) A maximum of two oil company Signs, which shall not extend above the Roofline if Attached to a building, or exceed the maximum height permitted for Freestanding Signs in the same district if Freestanding. The Area of any such Sign shall not exceed 180 square feet, and along each street frontage all parts of such a Sign or Signs that are within 10 feet of the street property line shall not exceed 80 square feet in area. No such Sign shall project more than five feet beyond any Street Property Line or building setback line. The areas of other permanent and temporary Signs as covered in subsection (i)(2) below shall not be included in the calculation of the areas specified in this subsection (i)(1).

of such a Sign or Signs that are within 10 feet of the street property line shall not exceed 80 square feet in area. No such Sign shall project more than five feet beyond any Street Property Line or building setback line. The areas of other permanent and temporary Signs as covered in subsection (i)(2) below shall not be included in the calculation of the areas specified in this subsection (i)(1).

(2) Other permanent and temporary Business Signs, not to exceed 30 square feet in Area for each such Sign or a total of 180 square feet for all such Signs on the premises. No such Sign shall extend above the Roofline if Attached to a building, or in any case project beyond any Street Property Line or building setback line.

(Amended by Ord. 64-77, App. 2/18/77; Ord. 69-87, App. 3/13/87; Ord. 537-88, App. 12/16/88; Ord. 219-94, App. 6/3/94; Ord. 134-97, App. 4/25/97; Ord. 276-98, App. 8/28/98; Ord. 28-02, File No. 011962, App. 3/15/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025)

AMENDMENT HISTORY

Divisions (b), (d)(2), and (g)(1) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (a), (b), (c), (d)(2), and (e) amended; former divisions (e)(1) and (e)(4) merged into division (e) and amended; former divisions (e)(2) and (e)(3) deleted; divsions (f), (g)(1), (g)(2), and (h)(1) amended; Ord. 20-15, Eff. 3/22/2015. Divisions (a), (b), and (c) amended; former divisions (b)(1), (b)(2), (b)(3), (d)(2), (d)(4), and (h)(3) deleted; division (d) added; former divisions (d), (d)(1), and (d)(3) amended and redesignated as divisions (e), (e)(1), and (e)(2); former divisions (e)–(h)(2) amended and redesignated as divisions (f)–(i)(2); Ord. 217-16, Eff. 12/10/2016. Division (d) amended; Ord. 124-25, Eff. 9/1/2025.

SEC. 607.1. NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL-COMMERCIAL DISTRICTS, AND RESIDENTIAL TRANSIT ORIENTED-COMMERCIAL DISTRICTS.

(See Interpretations related to this Section.)

Signs located in Neighborhood Commercial Districts shall be regulated as provided herein, except for those Signs which are exempted by Section 603 of this Code or as more specifically regulated in a Special Sign District under Sections 608 et seq . In the event of conflict between the provisions of Section 607.1 and other provisions of Article 6, the provisions of Section 607.1 shall prevail in Neighborhood Commercial and Residential-Commercial Districts.

In each such Special Sign District, Signs, other than those Signs exempted by Section 603 of this Code, shall be subject to the special controls in Sections 608.1 through 608.18, respectively, in addition to all other or, if so expressly specified in those Sections, in lieu of other applicable sign provisions of this Code. In the event of inconsistency with any other provision of Article 6, the most restrictive provision shall prevail unless this Code specifically provides otherwise.

of this Code, shall be subject to the special controls in Sections 608.1 through 608.18, respectively, in addition to all other or, if so expressly specified in those Sections, in lieu of other applicable sign provisions of this Code. In the event of inconsistency with any other provision of Article 6, the most restrictive provision shall prevail unless this Code specifically provides otherwise.

(a) Purposes and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to Neighborhood Commercial and Residential-Commercial Districts. These purposes constitute findings that form a basis for regulations and provide guidance for their application.

(1) As Neighborhood Commercial, Residential-Commercial, and Residential Transit Oriented-Commercial Districts change, they need to maintain their attractiveness to residents, customers and potential new businesses alike. Physical amenities and a pleasant appearance will profit both existing and new enterprises.

(2) The character of signs and other features projecting from buildings is an important part of the visual appeal of a street and the general quality and economic stability of the area. Opportunities exist to relate these signs and projections more effectively to street design and building design. These regulations establish a framework that will contribute toward a coherent appearance of Neighborhood Commercial and Residential-Commercial Districts.

(3) Neighborhood Commercial, Residential-Commercial, and Residential Transit Oriented-Commercial Districts are typically mixed use areas with commercial units on the ground or lower stories and residential uses on upper stories. Although signs are essential to a vital commercial district, they should not be allowed to interfere with or diminish the livability of residential units within a Neighborhood Commercial District or in adjacent residential districts.

(4) The scale of most Neighborhood Commercial and Residential-Commercial Districts as characterized by building height, bulk, and appearance, and the width of streets and sidewalks differs from that of other commercial and industrial districts. Sign sizes should relate and be compatible with the surrounding district scale.

(5) Signs controls in Residential Transit Oriented-Commercial Districts are determined by the sign controls of the nearest Neighborhood Commercial District described in this Section 607.1.

(b) Signs or Sign Features Not Permitted in NC and RC Districts. Roof Signs as defined in Section 602, Wind Signs as defined in Section 602, and Signs on Canopies, as defined in Section 136.1(b) of this Code, are not permitted in NC and RC Districts. No Sign shall have or consist of any moving, rotating, or otherwise physically animated part, or lights that give the appearance of animation by flashing, blinking, or fluctuating, except as permitted by Section 607.1(i) of this Code. In addition, all Signs or sign features not otherwise specifically regulated in this Section 607.1 shall be prohibited.

e, are not permitted in NC and RC Districts. No Sign shall have or consist of any moving, rotating, or otherwise physically animated part, or lights that give the appearance of animation by flashing, blinking, or fluctuating, except as permitted by Section 607.1(i) of this Code. In addition, all Signs or sign features not otherwise specifically regulated in this Section 607.1 shall be prohibited.

(c) Identifying Signs. Identifying Signs, as defined in Section 602, shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below.

(1) One Sign per lot shall be permitted and such Sign shall not exceed 20 square feet in area. The sign may be a Freestanding ign,1 if the building is recessed from the Street Property Line, or may be a Wall Sign or a projecting Sign. The existence of a Freestanding Identifying Sign shall preclude the erection of a Freestanding Business Sign on the same lot. A Wall Sign or projecting Sign shall be mounted on the first-story level; a Freestanding Sign shall not exceed 15 feet in height. Such Sign may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(2) One Sign identifying a shopping center or shopping mall shall be permitted subject to the conditions in subsection

(c)(1), but shall not exceed 30 square feet in area. Any sign identifying a permitted Commercial Use in an NC District

shall be considered a Business Sign and subject to Section 607.1(f) of this Code. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated during the hours of operation of the businesses in the shopping center or shopping mall.

(d) Nameplates. One Nameplate, as defined in Section 602, not exceeding an area of two square feet, shall be permitted for each noncommercial use in NC Districts.

(e) General Advertising Signs. General Advertising Signs, as defined in Section 602, are not permitted in Neighborhood Commercial and Residential-Commercial Districts.

(f) Business Signs. Business Signs, as defined in Section 602, shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below.

(1) Cole Valley, Lakeside Village, NC-1 and NCT-1 Districts.

(A) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs. The Area of all Wall Signs shall not exceed one square foot per square foot of street frontage occupied by the business measured along the wall to which the Signs are attached, or 50 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 15 feet or the height of the wall to which it is attached. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

per square foot of street frontage occupied by the business measured along the wall to which the Signs are attached, or 50 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 15 feet or the height of the wall to which it is attached. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(C) Projecting Signs. The number of projecting Signs shall not exceed one per business, except that a business with a unit fronting two adjoining streets shall have a maximum of two projecting Signs. The Area of any projecting Sign, as defined in Section 602, shall not exceed 24 square feet. The Height of any projecting Sign shall not exceed 15 feet or the height of the wall to which it is attached. 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 Nonilluminated or Indirectly Illuminated, or during business hours, may be Directly Illuminated.

(D) Signs on Awnings. Sign copy may be located on permitted Awnings in addition to Wall Signs and projecting Signs. The Area of such sign copy as defined in Section 602 shall not exceed 20 square feet. Such sign copy may be Nonilluminated or Indirectly Illuminated.

(2) RC, NC-2, NCT-2, NC-S, Inner Balboa Street, Outer Balboa Street, Broadway, Castro Street, Inner Clement Street, Outer Clement Street, Cortland Avenue, Divisadero Street, Excelsior Outer Mission Street, Fillmore Street, Upper Fillmore Street, Folsom Street, Glen Park, Inner Sunset, Irving Street, Haight Street, Lower Haight Street, Hayes-Gough, Japantown, Judah Street, Leland Avenue, Upper Market Street, Noriega Street, North Beach, Ocean Avenue, Pacific Avenue, Polk Street, Regional Commercial District, Sacramento Street, San Bruno Avenue, SoMa, Taraval Street, Inner Taraval Street, Union Street, Valencia Street, 24th Street-Mission, 24th Street-Noe Valley, and West Portal Avenue Neighborhood Commercial Districts.

(A) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs. The Area of all Wall Signs shall not exceed two square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 100 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 24 feet, 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 it is attached, whichever is lower. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

ll to which the Signs are attached, or 100 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 24 feet, 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 it is attached, whichever is lower. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

Notwithstanding the foregoing paragraph, a Wall Sign for a Movie Theater located within the Japantown NCD (i) shall not be higher than the height of the wall to which it is attached, (ii) shall have an area not to exceed 150 square feet, if it is located at a height of 30 feet or lower, (iii) shall have an area not to exceed 70 square feet, if it is located at a height

of greater than 30 feet, and (iv) may be located on any building face so long as the total number of such Signs does not exceed the total number of streets on which the parcel containing the Movie Theater has frontage.

(C) Projecting Signs.

(i) The number of projecting Signs shall not exceed one per business, except that a business with a unit fronting two adjoining streets shall have a maximum of two projecting Signs.

(ii) 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.

(iii) Except as provided for in subsection (v) below, such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(iv) Except as provided in subsection (v) below, the Area of any projecting Sign, as defined in Section 602, shall not exceed 24 square feet. The Height of any projecting 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 lowest.

(v) Within the Fillmore Street Neighborhood Commercial Transit District, one projecting Business Sign per building may exceed the size and height limits specified in subsection (iv) above, provided all of the following criteria are met:

a. The Area of the Sign, as defined in Section 602, does not exceed 125 square feet.

• b. The Height of the Sign does not exceed the lowest of the following:

1. 60 feet;

2. the height of the wall to which it is attached;

3. the height of the lowest residential windowsill on the wall to which it is attached; or

4. the lowest portion of any architectural feature located along the roofline, such as a cornice.

• c. The sign is for the primary occupant of the building.

• d. The sign employs a remote transformer.

e. The sign is designed with a minimum profile to be as narrow as is structurally feasible.

f. Any illumination of the sign is indirect, such as by the use of halo-lit lettering, and such illumination is used only during business hours.

g. The lettering or other inscription is arranged in a vertical manner.

h. The sign does not alter, cover, or obscure any architectural features of the subject building, such as cornice lines or belt courses.

i. The sign is attached in a reversible manner, such that no damage or destruction to any exterior features or cladding materials shall occur as part of the sign’s installation or removal.

(D) Signs on Awnings and Marquees. Sign copy may be located on permitted Awnings or Marquees in addition to projecting Signs. The Area of such sign copy as defined in Section 602 shall not exceed 30 square feet. Such sign copy may be nonilluminated or indirectly illuminated; except that sign copy on Marquees for Movie Theaters or places of Entertainment may be directly illuminated during business hours.

(E) Freestanding Signs and Sign Towers. With the exception of Automotive Service Stations, which are regulated under Section 607.1(f)(4), one Freestanding Sign or Sign Tower per lot shall be permitted in lieu of a projecting Sign, if the building or buildings are recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The Area of such Freestanding Sign or Sign Tower, as defined in Section 602, shall not exceed 20 square feet nor shall the Height of the Sign exceed 24 feet. 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, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(3) Bayview, Geary Boulevard, Mission Bernal, Mission Street, Lower Polk Street, NCT, NC-3, and NCT-3 Neighborhood Commercial Districts.

(A) Window Signs. The total area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs. The area of all Wall Signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 150 square feet for each street frontage, whichever is less. 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(C) Projecting Signs. The number of projecting Signs shall not exceed one per business, except that a business with a unit fronting two adjoining streets shall have a maximum of two projecting Signs. The Area of any projecting Sign, as defined in Section 602, shall not exceed 32 square feet. The Height of any projecting 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(D) Sign Copy on Awnings and Marquees. Sign copy may be located on permitted Awnings or Marquees in addition to projecting Signs. The Area of such Sign copy, as defined in Section 602, shall not exceed 40 square feet. Such sign copy may be nonilluminated or indirectly illuminated; except that sign copy on Marquees for Movie Theaters or places of Entertainment may be directly illuminated during business hours.

(E) Freestanding Signs and Sign Towers. With the exception of Automotive Service Stations, which are regulated under Section 607.1(f)(4) of this Code, one Freestanding Sign or Sign Tower per lot shall be permitted in lieu of a projecting Sign if the building or buildings are recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The Area of such Freestanding Sign or Sign Tower, as defined in Section 602, shall not exceed 30 square feet nor shall the Height of the Sign exceed 24 feet. 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, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated, or during business hours, may be Directly Illuminated.

(4) Special Standards for Automotive Service Stations. For Automotive Service Stations in Neighborhood Commercial Districts, only the following Signs are permitted, subject to the standards in this subsection (f)(4) and to all other standards in this Section 607.1.

(A) A maximum of two oil company signs, which shall not extend above the Roofline if attached to a building, or exceed the maximum height permitted for Freestanding Signs in the same district if Freestanding. The Area of any such Sign shall not exceed 180 square feet, and along each street frontage, all parts of such a Sign or Signs that are within 10 feet of the Street Property Line shall not exceed 80 square feet in area. No such Sign shall project more than five feet beyond any Street Property Line. The areas of other permanent and temporary Signs as covered in paragraph (B) below shall not be included in the calculation of the areas specified in this paragraph A.

(B) Other permanent and temporary Business Signs, not to exceed 30 square feet in Area for each such Sign or a total of 180 square feet for all such Signs on the premises. No such Sign shall extend above the Roofline if attached to a building, or in any case project beyond any Street Property Line or building setback line.

(g) Temporary Signs. One temporary nonilluminated or indirectly illuminated sale or lease sign or nonilluminated sign of persons and firms connected with work on buildings under actual construction or alteration, giving their names and information pertinent to the project per lot, shall be permitted. Such sign shall not exceed 50 square feet and shall conform to all regulations of Subsection 607.1(f) for business signs in the respective NC District in which the sign is to be located. All temporary signs shall be promptly removed upon completion of the activity to which they pertain.

(h) Special Sign Districts. Additional controls apply to certain Neighborhood Commercial and ResidentialCommercial Districts that are designated as Special Sign Districts. Special Sign Districts are described within Sections

608.1 through 608.18 of this Code and their designations, locations, and boundaries are provided on Sectional Map SSD of the Zoning Mapof the City and County of San Francisco.

(i) Restrictions on Illumination. Signs in Neighborhood Commercial and Residential-Commercial Districts shall not have nor consist of any flashing, blinking, fluctuating or otherwise animated light except those moving or rotating or otherwise physically animated parts used for rotation of barber poles and the indication of time of day and temperature, and in the following special districts, all specifically designated as “Special Districts for Sign Illumination” on Sectional Map SSD of the Zoning Map of the City and County of San Francisco.

(1) Broadway Neighborhood Commercial District. Along the main commercial frontage of Broadway between west of Columbus Avenue and Osgood Place.

(2) NC-3. NC-3 District along Lombard Street from Van Ness Avenue to Broderick Street.

(3) Notwithstanding the type of signs permissible under subparagraph (i), a video sign is prohibited in the districts described in subparagraphs (1) and (2).

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 219-94, App. 6/3/94; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 28-02, File No. 011962, App. 3/15/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 195-11 , File No. 110448, App. 10/4/2011, Eff. 11/3/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 42-13 , File No. 130002, 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. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 30-16 , File No. 151004, App. 3/11/2016, Eff. 4/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 223-21, File No. 210810, App. 12/17/2021, Eff. 1/17/2022; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024; Ord. 294-24, File No. 240931, App. 12/19/2024, Eff. 1/19/2025; Ord. 23-25, File No. 241121, App. 3/7/2025, Eff. 4/7/2025; Ord. 61-25, File No. 250100, App. 5/2/2025, Eff. 6/2/2025; Ord. 97-25, File No. 250140, App. 6/27/2025, Eff. 7/28/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Ord. 294-24, File No. 240931, App. 12/19/2024, Eff. 1/19/2025; Ord. 23-25, File No. 241121, App. 3/7/2025, Eff. 4/7/2025; Ord. 61-25, File No. 250100, App. 5/2/2025, Eff. 6/2/2025; Ord. 97-25, File No. 250140, App. 6/27/2025, Eff. 7/28/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Division (f)(2) amended; Ord. 140-11, Eff. 8/4/2011. Undesignated introductory material and division (h) amended; Ord. 195-11, Eff. 11/3/2011. Division (f)(2) amended; Ord. 35-12 , Eff. 3/22/2012. Division (f)(2) amended; Ord. 42-13 , Eff. 4/27/2013. Section header and divisions (f), (f)(2), and (f)(4)(A) amended; Ord. 261-13 , Eff. 12/27/2013. Divisions (e), [former] (e)(1), [former] (e)(2), and (f)(2) amended; Ord. 227-14 , Eff. 12/13/2014. Divisions (e), [former] (e)(1), [former] (e)(2), and (f)(2) amended; Ord. 228-14 , Eff. 12/13/2014. Undesignated introductory material and divisions (a), (a)(1)-(4), (b), (c), and (e) amended; former divisions (e)(1) and (e)(2) deleted; divisions (h), (i), and (j) amended; former divisions (j)(1) and (j)(2) deleted and former divisions (j)(3) and (j)(4) redesignated as (j)(1) and (j)(2); Ord. 22-15, Eff. 3/22/2015. Division (f)(2) amended; Ord. 229-15 , Eff. 1/21/2016. Division (f)(2)(C) amended and divided into subdivisions (i)-(iii); new divisions (f)(2)(C)(iv) and (v) added; Ord. 30-16 , Eff. 4/10/2016. Divisions (b), (c), (d), (e), and (f) amended; former divisions (j)–(j)(2) deleted; Ord. 217-16, Eff. 12/10/2016. Division (c)(2) amended; Ord. 129-17, Eff. 7/30/2017. Division (f)(1)(D) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (f), (f)(1), (f)(1)(D), (f)(2), (f)(2)(D), (f)(3), and (f)(3)(D) amended; Ord. 223-21, Eff. 1/17/2022. Division (f)(2)(B) amended; Ord. 68-24, Eff. 5/5/2024. Division (h) amended; Ord. 294-24, Eff. 1/19/2025. Division (f)(2) amended; Ord. 23-25, Eff. 4/7/2025. Division (h) amended; Ord. 61-25, Eff. 6/2/2025. Divisions (c)(1), (f)(1)(C), (f)(2)(C)(i), (iii), (iv), (f)(3), (f)(3)(C), and (h) amended; Ord. 97-25, Eff. 7/28/2025. Undesignated introductory material and divisions (c)(1), (f)(1)(A), (f)(2)(A), and (f)(3)(A) amended; Ord. 124-25, Eff. 9/1/2025. Section header and divisions (a)(1) and (a)(3) amended; division (a)(5) added; Ord. 245-25, Eff. 1/12/2026. CODIFICATION NOTE

1. So in Ord. 124-25.

SEC. 607.2. MIXED USE DISTRICTS.

(See Interpretations related to this Section.)

Signs located in Mixed Use Districts shall be regulated as provided herein, except for Signs in Residential Enclave Districts, which are regulated by Section 606, and those Signs which are exempted by Section 603. Signs not specifically regulated in this Section 607.2 shall be prohibited. In the event of conflict between the provisions of Section 607.2 and other provisions of Article 6, the provisions of Section 607.2 shall prevail in Mixed Use Districts.

rovided herein, except for Signs in Residential Enclave Districts, which are regulated by Section 606, and those Signs which are exempted by Section 603. Signs not specifically regulated in this Section 607.2 shall be prohibited. In the event of conflict between the provisions of Section 607.2 and other provisions of Article 6, the provisions of Section 607.2 shall prevail in Mixed Use Districts.

(a) Purposes and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to Mixed Use Districts. These purposes constitute findings that form a basis for regulations and provide guidance for their application.

(1) As Mixed Use Districts change, they need to maintain their attractiveness to customers and potential new businesses alike. Physical amenities and a pleasant appearance will profit both existing and new enterprises.

(2) The character of signs and other features projecting from buildings is an important part of the visual appeal of a street and the general quality and economic stability of the area. Opportunities exist to relate these signs and projections more effectively to street design and building design. These regulations establish a framework that will contribute toward a coherent appearance of Mixed Use Districts.

(3) Mixed Use Districts are typically mixed use areas with commercial units on the ground or lower stories and residential uses on upper stories or have housing and commercial and industrial activities interspersed. Although signs and other advertising devices are essential to a vital commercial district, they should not be allowed to interfere with or diminish the livability of residential units within a Mixed Use District or in adjacent residential districts.

(4) The scale of most Mixed Use Districts as characterized by building height, bulk, and appearance, and the width of streets and sidewalks differs from that of other commercial and industrial districts. Sign sizes should relate and be compatible with the surrounding district scale.

(b) Signs or Sign Features Not Permitted in Mixed Use Districts. General Advertising Signs are not permitted in Mixed Use districts. Roof Signs as defined in Section 602, Wind Signs as defined in Section 602, and Signs on Canopies, as defined in Section 136.1(b) of this Code, are not permitted in Mixed Use Districts. No Sign shall have or consist of any moving, rotating, or otherwise physically animated part, or lights that give the appearance of animation by flashing, blinking, or fluctuating. In addition, all Signs or sign features not otherwise specifically regulated in this Section 607.2 shall be prohibited.

(c) Identifying Signs. Identifying Signs, as defined in Section 602, shall be permitted in all Mixed Use Districts subject to the limits set forth below.

(1) One Sign per lot shall be permitted and such Sign shall not exceed 20 square feet in area. The Sign may be a Freestanding Sign, if the building is recessed from the Street Property Line, or may be a Wall Sign or a projecting Sign. The existence of a Freestanding Identifying Sign shall preclude the erection of a Freestanding Business Sign on the same lot. A Wall Sign or projecting Sign shall be mounted on the first-story level; a Freestanding Sign shall not exceed 15 feet in height. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(2) One Sign identifying a shopping center or shopping mall shall be permitted subject to the conditions in subsection (c)(1), but shall not exceed 30 square feet in area. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated during the hours of operation of the businesses in the shopping center or shopping mall.

(d) Nameplate. One nonilluminated or directly illuminated Nameplate, as defined in Section 602 of this Code, not exceeding an area of two square feet, shall be permitted for each noncommercial use in Mixed Use Districts.

(e) General Advertising Signs. General Advertising Signs, as defined in Section 602, are not permitted in Mixed Use Districts.

(f) Business Signs. Business Signs, as defined in Section 602, shall be permitted in all Mixed Use Districts subject to the limits set forth below.

(1) Chinatown Residential Neighborhood Commercial District.

(A) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs. The Area of all Wall Signs shall not exceed one square foot per foot of street frontage occupied by the business measured along the wall to which the Signs are attached, or 50 square feet for each street frontage, whichever is less; provided, however, that in no case shall the Wall Sign or combination of Wall Signs cover more than 75% of the surface of any wall, excluding openings. The Height of any Wall Sign shall not exceed 15 feet or the height of the wall to which it is attached. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(C) Projecting Signs. The number of projecting Signs shall not exceed one per business. The Area of such Sign shall not exceed 24 square feet. The Height of such Sign shall not exceed 15 feet or the height of the wall to which it is attached. 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. The Sign may be Nonilluminated or Indirectly Illuminated, or during business hours, may be Directly Illuminated.

(D) Signs on Awnings. Sign copy may be located on permitted Awnings in addition to Wall Signs and projecting Signs. The area of such sign copy shall not exceed 20 square feet. Such sign copy may be nonilluminated or indirectly illuminated.

(2) Chinatown Visitor Retail District.

(A) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs. The Area of all Wall Signs shall not exceed two square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 100 square feet for each street frontage, whichever is less. 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(C) Projecting Signs. The number of projecting Signs shall not exceed one per business. The Area of such Sign 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 Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(D) Signs on Awnings and Marquees. Sign copy may be located on permitted Awnings or Marquees in addition to projecting Signs. The area of such sign copy shall not exceed 30 square feet. Such sign copy may be nonilluminated or indirectly illuminated, except that sign copy on Marquees for Movie Theaters or places of Entertainment may be directly illuminated during business hours.

(E) Freestanding Signs and Sign Towers. One Freestanding Sign or Sign Tower per lot shall be permitted in lieu of a projecting Sign, if the building or buildings are recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The area of such Freestanding Sign or Sign Tower shall not exceed 20 square feet nor shall the Height of the Sign exceed 24 feet. 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, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated.

(3) Chinatown Community Business District, Eastern Neighborhoods Mixed Use Districts, and Downtown Residential Districts.

(A) Window Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business’s ground floor windows and clear doors. Window Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(B) Wall Signs.

(i) In districts other than the Urban Mixed Use District. The Area of all Wall Signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 150 square feet for each street frontage, whichever is less; provided, however, that in no case shall the Wall Sign or combination of Wall Signs cover more than 75% of the surface of any wall, excluding openings. 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(ii) In the Urban Mixed Use District. The Area of all Wall Signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached for up to 50 feet of street frontage, and an additional one square foot per foot of street frontage thereafter; provided, however, that in no case shall the Wall Sign or combination of Wall Signs cover more than 75% of the surface of any wall, excluding openings. The Height of any Wall Sign shall not exceed 60 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(C) Projecting Signs. The number of projecting Signs shall not exceed one per business. The Area of such sign or Signs combined when there are multiple Signs shall not exceed 32 square feet. The Height of the 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 Nonilluminated, Indirectly Illuminated, or Directly Illuminated.

(D) Sign Copy on Awnings and Marquees. Sign copy may be located on permitted Awnings or Marquees in lieu of projecting Signs, except that in the Chinatown Community Business District, sign copy may be located on permitted Awnings or Marquees in addition to projecting Signs. The area of such sign copy shall not exceed 40 square feet. Such sign copy may be nonilluminated or indirectly illuminated; except that sign copy on Marquees for Movie Theaters or places of Entertainment may be directly illuminated during business hours.

pt that in the Chinatown Community Business District, sign copy may be located on permitted Awnings or Marquees in addition to projecting Signs. The area of such sign copy shall not exceed 40 square feet. Such sign copy may be nonilluminated or indirectly illuminated; except that sign copy on Marquees for Movie Theaters or places of Entertainment may be directly illuminated during business hours.

(E) Freestanding Signs and Sign Towers. One Freestanding Sign or Sign Tower per lot shall be permitted in lieu of a projecting sign if the building or buildings are recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The Area of such Freestanding Sign or Sign Tower shall not exceed 30 square feet nor shall the Height of the Sign exceed 24 feet. 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, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated, or during business hours, may be Directly Illuminated.

(g) Special Sign Districts. Additional controls apply within certain Mixed Use Districts that are designated as Special Sign Districts. The designations, locations, and boundaries of these Special Sign Districts are provided on Sectional Map SSD of the Zoning Map of the City and County of San Francisco, and are described within Sections 608.1 through 608.16 of this Code.

(h) Other Sign Requirements. Within Mixed Use Districts, the following additional requirements shall apply:

(1) Temporary Signs. The provisions of Section 607.1(g) of this Code shall apply.

(2) Special Standards for Automotive Gas and Service Stations. The provisions of Section 607.1(f)(4) of this Code shall apply.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 219-94, App. 6/3/94; Ord. 74-01, File No. 002218, App. 5/18/2001; 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. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 223-21, File No. 210810, App. 12/17/2021, Eff. 1/17/2022; Ord. 240-24, File No. 240438, App. 10/18/2024, Eff. 11/18/2024; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 1326, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Divisions (e) and (f)(3) amended; former division (f)(3)(B) redesignated as (f)(3)(B)(i) and header added; division (f)(3) (B)(ii) added; Ord. 196-11 , Eff. 11/3/2011. Introductory material amended; former divisions (h), (i)(1), and (i)(2) deleted and former divisions (i), (i)(3), and (i)(4) redesignated as (h), (h)(1), and (h)(2) respectively; Ord. 20-15, Eff. 3/22/2015. Divisions (d) and (f)(1)(C) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (d) and (f)(1)(C) amended; Ord. 188-15, Eff. 12/4/2015. Divisions (b), (c)–(c)(2), (d), (e), and (f)–(f)(3)(E) amended; former divisions (e)(1)–(e)(3) deleted; Ord. 21716, Eff. 12/10/2016. Divisions (f)(2)(B), (f)(2)(C), (f)(2)(E), and (f)(3)(E) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (f), (f)(1)(D), (f)(2)(D), and (f)(3)(D) amended; Ord. 223-21, Eff. 1/17/2022. Division (g) amended; Ord. 240-24, Eff. 11/18/2024. Introductory material and divisions (f)(1)(A), (f)(2)(A), (f)(3), and (f)(3)(A) amended; Ord. 124-25, Eff. 9/1/2025. Division (f)(3) amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 607.3. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 537-88, App. 12/16/88; amended by Ord. 79-89, App. 3/24/89; Ord. 327-96, App. 8/21/96; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

SEC. 607.4. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 345-87, App. 8/21/87; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

SEC. 608. SPECIAL SIGN DISTRICTS AND SIGNS IN SPECIAL USE DISTRICTS.

In addition to the zoning districts that are established under other Articles of this Code, there shall also be in the City such Special Sign Districts as are established in this Article 6 and certain Special Use Districts with sign controls established in Article 2 in order to further the purposes of this Code. In the event of inconsistency with any other provision of Article 6, the most restrictive provision shall prevail unless this Code specifically provides otherwise.

(a) Special Sign Districts. The designations, locations, and boundaries of these Special Sign Districts shall be as provided in this Article 6 and as shown on the Zoning Map referred to in Section 105, subject to the provisions of Section 105. The original of the sectional map of the Zoning Map for Special Sign Districts (numbered SSD) referred to in this Article is on file with the Clerk of the Board of Supervisors under File No. 138-62. In each such Special Sign District, signs, other than those signs exempted by Section 603 of this Code, shall be subject to the special controls in Sections 608.1 through 608.16, respectively, in addition to all other, or, if so expressly specified in those Sections, in lieu of other, applicable sign provisions of this Code.

(b) Signs in Special Use Districts. The following Special Use Districts have sign controls

specific to the district:

(1) Sec. 249.64. Parkmerced Special Use District, as promulgated in the Parkmerced Design Standards and Guidelines.

• (2) Sec. 249.21. California Street and Presidio Avenue - Community Center Special Use District.

(3) Sec. 249.5. North of Market Residential Special Use District.

• (4) Sec. 249.9. Stonestown Special Use District.

(Amended by Ord. 64-77, App. 2/18/77; Ord. 69-87, App. 3/13/87; Ord. 285-94, App. 8/2/94; Ord. 59-08, File No. 031034, App. 4/10/2008; Ord. 195-11 , File No. 110448, App. 10/4/2011, Eff. 11/3/2011; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 206-22, File No. 220643, App. 10/6/2022, Eff. 11/6/2022; Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

AMENDMENT HISTORY

Section amended; Ord. 195-11 , Eff. 11/3/2011. Section header amended; former section amended and divided into introductory paragraph and new division (a); division (b) added; Ord. 188-15 , Eff. 12/4/2015. Division (b)(3) added; Ord. 206-22, Eff. 11/6/2022. Introductory paragraph and division (a) amended; division (b)(4) added; Ord. 204-24, Eff. 9/1/2024.

SEC. 608.1. NEAR R DISTRICTS.

No general advertising sign, and no other sign exceeding 100 square feet in area, shall be located in an NC, C, M, PDR, or Eastern Neighborhoods Mixed Use District within 100 feet of any R District in such a manner as to be primarily viewed from residentially zoned property or from any street or alley within an R District; any sign of which the face is located parallel to a street property line and lies for its entire width opposite an NC, C, M, PDR, or MUR District shall be deemed prima facie not to be primarily so viewed. No sign of any size within 100 feet of any R District shall project beyond the street property line or building setback line of any street or alley leading off the main commercial frontage into the R District.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019) AMENDMENT HISTORY

Section amended; Ord. 296-18, Eff. 1/12/2019.

SEC. 608.2. NEAR SCHOOLS, PARKS, AND RECREATION FACILITIES.

No general advertising sign, and no other sign exceeding 200 square feet in area, shall be located within 100 feet of any part of the premises of a school, attendance at which satisfies the compulsory education laws of the State of California, in such a way that it is primarily viewed through any part of such premises. No general advertising sign, and no other sign exceeding 200 square feet in area, shall be located within 200 feet of any part of the premises of a park, playground, recreation center or facility, square, avenue or grounds under the jurisdiction and supervision of the San Francisco Recreation and Park Commission or a park, playground, or recreation center or facility of any other public agency, if the sign is so arranged that it is primarily viewed from or through such premises.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 134-97, App. 4/25/97)

SEC. 608.3. CIVIC CENTER SPECIAL SIGN DISTRICTS.

No General Advertising Sign, and no other Sign exceeding 200 square feet in area, shall be located within the Civic Center Special Sign Districts Numbers 1 and 2, as designated on Sectional Map SSD of the Zoning Map of the City and County of San Francisco. Within such districts, no Sign that is located on publicly owned property, or that is located on a street frontage facing publicly owned property, shall have any moving, rotating or otherwise animated part; or have any flashing, blinking, fluctuating or otherwise animated light; or project beyond any Street Property Line or building setback line; or be Attached to a Building in any manner other than with its entire area flat against a wall of such building that directly faces a street.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header and section amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 608.4. TRANSIT CENTER SPECIAL SIGN DISTRICT.

(a) General. There shall be a Special Sign District known as the “Transit Center Special Sign District” in the area bounded by Market Street on the north, Folsom Street on the south, Steuart Street on the east, and between New Montgomery and Third Streets on the west, and in the area bounded by Folsom, Harrison, Essex, and Second Streets, but excluding the planned City Park between Mission, Howard, Second, and Beale Streets and those portions of the Transit Center District Plan Area included in Zone 1 of the Transbay Redevelopment Plan Area, which include portions of land bounded by Spear, Mission, Folsom, and Second Streets, as designated on Sectional Map SSD of the Zoning Map of the City and County of San Francisco. The original copy of said Sectional Map with this Special Sign District indicated thereon is on file with the Clerk of the Board of Supervisors in File No 170941.

(b) Purpose and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to the Transit Center Special Sign District. These purposes constitute findings that form a basis for these regulations and provide guidance for their application.

(1) A new 5.4-acre park called the City Park (which in its early stages of planning was known as the Rooftop Park) is planned to be located atop the Transbay Transit Center, which will be located between Mission and Howard Streets on the north and south, respectively, and between Second and Beale Streets on the west and east, respectively. The City Park will include an outdoor amphitheater, gardens, trails, open grass areas, a children’s play space, a restaurant, and a café, and will be accessible from 10 entry points, including bridges from neighboring buildings and a gondola from a planned groundlevel floor of the Transbay Transit Center off Mission Street between the planned Salesforce Tower and Fremont Street, to be known as Mission Square, and the City Park will provide needed open space in an area of the City with few parks.

lay space, a restaurant, and a café, and will be accessible from 10 entry points, including bridges from neighboring buildings and a gondola from a planned groundlevel floor of the Transbay Transit Center off Mission Street between the planned Salesforce Tower and Fremont Street, to be known as Mission Square, and the City Park will provide needed open space in an area of the City with few parks.

(2) The Under Ramp Park is a new 4.2-acre neighborhood park planned to be situated primarily under the elevated bus ramp that will provide a direct connection from the new Transbay Transit Center to the San Francisco-Oakland Bay Bridge, but approximately 25% of the park will be open to the sky. The Under Ramp Park will include a children’s play area, cafés, and terraces, a beer garden, and a multilevel pavilion with cultural and retail programs. The area between Folsom, Harrison, Essex, and Second Streets is adjacent to the planned site of the Under Ramp Park.

(3) Illuminated signs and other signs visible from a public park or privately owned public open space (POPOS) may negatively impact the aesthetics of the park or POPOS and the enjoyment of its users by, among other things, interfering with the natural scenery and landscape afforded by the park or POPOS, as well as creating unwanted illumination and glare.

(4) Evening and nighttime illumination of signs in the Plan Area would disturb the sleep of residents in the area and disrupt their general enjoyment of their homes.

• (c) Controls.

(1) Illumination for any new sign that is located in the Transit Center Special Sign District, where any part of the face of the sign is over 35 feet in height, as defined in Section 602, shall meet the following requirements:

(A) the sign’s illumination shall be dimmable; and,

(B) all illumination shall be turned off from 11:00 p.m. each evening until 6:00 a.m. the following morning.

(2) Except as specified in subsection (c)(3) below, a new sign that is within 200 feet of an existing park under the jurisdiction and supervision of the San Francisco Recreation and Park Commission or any other public agency or planned public park, where a planned park is one that the San Francisco Recreation and Park Commission or any other public agency has identified as a site for a park through a public planning process and identified in the Transit Center District Plan, or within 200 feet of a POPOS of 1/4 acre or greater, and that is visible from such a park or POPOS shall be permitted if it is 50 square feet or less and its highest point reaches a height of 35 feet or less, as defined in Section 602.

(3) A new Business Sign, as defined in Section 602, that is within 200 feet of the City Park and is visible from the City Park shall only be permitted if it meets the following requirements:

(A) If the new Business Sign is located on the façade of a building directly abutting or with a pedestrian connection to the City Park,

(i) the sign shall consist of only metal lettering, painted or unpainted, raised off the façade of the building to which it is attached, with a maximum vertical dimension of 30 inches and a total maximum area of 50 square feet;

(ii) the highest point of the sign shall reach a height of 15 feet or less from the nearest finished ground plane of the City Park; and,

(iii) the sign’s illumination shall consist only of indirect illumination, pursuant to Section 602 of this Code, including but not limited to halo-style lighting.

(B) If the new Business Sign is not located on the façade of a building directly abutting or with a pedestrian connection to the City Park, the sign shall comply with Section 607 of this Code.

(Added by Ord. 234-17, File No. 170941, App. 12/8/2017, Eff. 1/7/2018)

(Former Sec. 608.4 added by Ord. 263-65, App. 10/22/65; amended by Ord. 360-94, App. 10/19/94; repealed by Ord. 21716, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 608.4A. [REPEALED.]

(Added by Proposition F, 6/3/97; repealed by Proposition G, 6/3/2008)

SEC. 608.5. NEAR FREEWAYS.

Except for Historic Signs and Vintage Signs designated pursuant to Section 608.14 of this Code, no General Advertising Sign, and no other Sign exceeding 200 square feet in area, shall be located after the date of determination and designation of the route of a Freeway so that it is primarily to be viewed by persons traveling on any portion of such Freeway. When located so as to be viewed primarily by persons traveling on any portion of a Freeway, Business Signs not exceeding 200 square feet in area which are permitted by this Section 608.5, Historic Signs, and Vintage Signs designated pursuant to Section 608.14 which may exceed 200 square feet in area shall, regardless of any other provision of this Code, be limited to Signs which designate the name of the owner or occupant of the premises upon which the Sign is placed, or which identify such premises, or which direct attention to goods manufactured or produced, or services rendered, on the property upon which the Sign is placed.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 276-98, App. 8/28/98; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 608.6. NEAR CERTAIN SCENIC STREETS.

No general advertising sign, and no other sign exceeding 200 square feet in area, shall be located within the areas along the scenic streets that are listed below and designated as special sign districts on Sectional Map SSD of the Zoning Map of the City and County of San Francisco, if any face of such sign is visible from any such street. These limitations shall apply to any portion of any property that is within 200 feet of any such street, unless a greater depth or area is indicated on said Sectional Map. Historic Signs may exceed the size limit in this section.

Telegraph Hill Boulevard for its entire length;

Twin Peaks Boulevard for its entire length;

The Embarcadero for its entire length;

Market Street extension east side from Mono Street to Portola Drive;

Portola Drive for its entire length;

Roosevelt Way for its entire length;

El Camino Del Mar for its entire length;

Point Lobos Avenue from El Camino Del Mar to its intersection with the Great Highway, including the Cliff House and Sutro Baths areas;

Sunset Boulevard for its entire length;

Great Highway and Esplanade from Point Lobos Avenue to Sloat Boulevard;

Great Highway extension south from Sloat Boulevard to its junction with Skyline Boulevard near Harding Boulevard; Nineteenth Avenue from Lincoln Way to Junipero Serra Boulevard;

Sloat Boulevard from the Great Highway to Junipero Serra Boulevard; Junipero Serra Boulevard from Sloat Boulevard to the County Line; Skyline Boulevard from Sloat Boulevard to the County Line; Lake Merced Boulevard for its entire length; John Muir Drive for its entire length; Zoo Road for its entire length; Harding Boulevard for its entire length; Alemany Boulevard from Mission Street viaduct to Junipero Serra Boulevard; Marina Boulevard for its entire length; Lyon Street from Marina Boulevard to Lombard Street; Baker Street from Marina Boulevard to Lombard Street; Broderick Street from Marina Boulevard to Lombard Street; Jefferson Street from Lyon Street to Broderick Street; Beach Street from Baker Street to Broderick Street; North Point Street from Baker Street to Broderick Street; Bay Street from Lyon Street to Broderick Street; Francisco Street from Lyon Street to Broderick Street; Chestnut Street from Lyon Street to Broderick Street; Lombard Street from Broderick Street to Lyon Street; Richardson Avenue from Lyon Street to Lombard Street. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Section amended; Ord. 20-15, Eff. 3/22/2015.

SEC. 608.7. NEAR RAPID TRANSIT ROUTES.

No general advertising sign, and no other sign exceeding 200 square feet in area, shall be located after the date of determination and designation of the route or portion thereof of the Bay Area Rapid Transit District or other rapid transit line, wherever such route or portion thereof is other than underground, so that the sign is primarily to be viewed by persons traveling on any such route or portion thereof.

(Added by Ord. 263-65, App. 10/22/65)

SEC. 608.8. MARKET STREET SPECIAL SIGN DISTRICT.

There shall be a special sign district known as the "Market Street Special Sign District" in the vicinity of Market Street, from The Embarcadero to Octavia Boulevard as designated on Sectional Map SS02 of the Zoning Map of the City and County of San Francisco. The original copy of said Sectional Map with this Special Sign District indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 112-70. With respect to said Special Sign District, the following regulations shall apply:

(a) Purpose and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to the Market Street Special Sign District. These purposes constitute findings that form a basis for these regulations and provide guidance for their application.

(1) In November 1962, the electorate of San Francisco voted approval of an investment in a City and regional rapid transit system that will run beneath Market Street. In June 1968, the electorate approved a bonded indebtedness of $24,500,000, including payment for reconstruction and improvement of Market Street from The Embarcadero to the

Central Skyway overpass. The street has been completely rebuilt at public expense, with special paving, furnishings, plazas and landscaping. Market Street is the transit spine of the Downtown area, with heavy concentrations of pedestrians, and is a central domain of the people of the City and of the region. It is a purpose of the Market Street Special Sign District to further this public endeavor.

(2) Development and design efforts along Market Street rely upon the promise of a street of high quality. Both existing and new enterprises will be strengthened by the high standards of their environment and by the joint efforts of owners, residents, and business people.

(3) The character of signs along the street and of other features projecting from buildings is especially significant to street appearance and to the general quality and economic stability of the area. Opportunities exist to relate these signs and projections more effectively to the street design and to the design of buildings, and it is a purpose of these regulations to set a framework that will contribute toward those ends.

(4) The standards established by these regulations are reasonable standards related to the unique nature of the Market Street area and to its present and future needs.

(5) The standards established by these regulations are deemed to be minimum requirements, forming a basic framework for development and remodeling. They are not intended in any way to preclude further design refinement or review by individuals or duly constituted organizations which might consider more restrictive requirements as to any aspects limited herein, or as to additional aspects such as materials, color, graphics, types of representation, relationship of signs to one another and to architectural features, or the general quality of design. It is anticipated that private efforts along such lines will and should be made for the further improvement of Market Street.

(b) Controls.

(1) Projection of Signs and Other Features. Within said Special Sign District:

(A) No Projection shall exceed a horizontal distance of six feet beyond any Street Property Line. This limitation shall apply to Signs and to all other features including but not limited to Marquees, Awnings and Canopies, with the sole exception of flagpoles for flags of any nation or political subdivision.

(B) Projecting Signs for each establishment shall be limited to one Sign on each street frontage occupied by the establishment, in addition to any Signs that are placed flat upon or otherwise integrated in the design of Marquees and Awnings.

(2) Height. Within said Special Sign District, all of the following limitations shall apply:

(A) A projecting Sign with lettering or other inscription arranged in a vertical manner shall have a maximum height of 60 feet; except that a greater height shall be permitted, up to a maximum height of 100 feet, provided the Height of the Sign shall remain at least 20 feet below the Roofline of the building as measured directly above the Sign.

(B) Except as provided in Paragraph (D) below, all other Signs shall be located no higher than the windowsill level of the lowest story (if any) that has a window or windows on the building facade on which the Signs are placed, exclusive of the ground story and mezzanine, provided that no such Sign shall in any case exceed a height of 60 feet.

(C) In addition, except as provided in Paragraph (D) below, uniformity of height shall be maintained in both the upper and lower edges of Signs placed flat upon or essentially parallel to each facade of a single building.

(D) As to the requirements of Paragraphs (B) and (C) above, deviation from the requirements may be permitted to the extent an alternative placement of Signs is made necessary by the location of arches, entrances and other architectural features, as determined by the Zoning Administrator, or for the purpose of installing special lighting effects and temporary holiday decorations, or for the purpose of modifying or replacing currently existing noncomplying business Wall Signs as provided by Section 607(h).

(3) Temporary Signs. With the exception of holiday decorations, no Sign composed of paper or other temporary material shall be placed on the outside of any building or structure or affixed to the glass on the outside or inside of any window, unless such Sign is placed in a frame or on a structure specifically designed for this purpose. (Added by Ord. 125-70, App. 1/17/70; amended by Ord. 219-94, App. 6/3/94; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 217-16, File No. 160424,

App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header, introductory material, and divisions (a)(1), (a)(2), and (a)(4) amended; former division (c) deleted, former divisions (d)-(f) redesignated as (c)-(e), and internal references adjusted accordingly; current division (d)(1) amended; Ord. 20-15, Eff. 3/22/2015. Division (d)(4) amended; Ord. 188-15 , Eff. 12/4/2015. Division (d)(4) amended; Ord. 188-15, Eff. 12/4/2015. Former divisions (b)(1), (b)(2), (d)(1), (e), (e)(2), and (e)(3) deleted; division (b) amended; former divisions (c)–(c)(2), (d), (d)(2)–(d)(5), and (e)(1) amended and redesignated as (b)(1)–(b)(1)(B), (b)(2), (b)(2)(A)–(b)(2) (D), and (b)(3); Ord. 217-16, Eff. 12/10/2016.

SEC. 608.9. JACKSON SQUARE SPECIAL SIGN DISTRICT.

There shall be a special sign district known as the "Jackson Square Special Sign District," as designated on Sectional Map SSD of the Zoning Map of the City and County of San Francisco. The original copy of said Sectional Map with this Special Sign District indicated thereon is on file with the Clerk of the Board of Supervisors under File No. [Ord. No.] 27672.

(a) Purposes and Findings.

(1) In addition to furthering the purposes stated in Sections 101 and 601 of this Code, creation of the Jackson Square Special Sign District is intended to further the purposes of the Jackson Square Historic District created pursuant to Ordinance No. 221-72 and to foster the preservation and enhancement of said Historic District.

(2) The standards established by these regulations are deemed to be minimum requirements. They are not intended in any way to preclude further design refinement or review by duly constituted private organizations which might consider more restrictive requirements as to any aspects limited herein, or as to additional aspects such as materials, color, graphics, types of representation, relationship of signs to one another and to architectural features, or the general quality of design.

(b) Regulations. Within such Special Sign District:

(1) The Area of all Signs on a building shall not exceed an area of two square feet for each foot of street frontage occupied by the building, and shall in no event exceed a total of 100 square feet on each street frontage.

(2) No Projection shall exceed a horizontal distance of six feet beyond any Street Property Line. This limitation shall apply to Signs and to all other features including but not limited to Marquees and Awnings, with the sole exception of flagpoles for flags of any nation or political subdivision. All Signs, Marquees, Awnings and other features shall be supported entirely by a building; no Canopies shall be permitted.

(3) Projecting Signs for each establishment shall be limited to one Sign on each street frontage occupied by the establishment.

(4) All Signs shall be placed entirely below the level of the lowest cornice or strong horizontal element located above the ground story of the building, but in no event higher than three feet above the top of the ceiling level of the ground story.

(5) No Directly Illuminated Sign shall be permitted.

(Added by Ord. 223-72, App. 8/9/72; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header amended; former divisions (b)(1), (b)(3), and (b)(4) deleted; former divisions (b)(2) and (b)(5)–(b)(8) amended and redesignated as (b)(1)–(b)(5); Ord. 217-16, Eff. 12/10/2016.

SEC. 608.10. STONESTOWN SPECIAL SIGN DISTRICT.

(a) General. There shall be a Special Sign District known as the “Stonestown Special Sign District” (“Stonestown SSD”). The boundaries of the Stonestown SSD shall be coterminous with the outer boundaries of the Stonestown Special Use District, as established pursuant to Chapter[1] 249.9, and shall also include the Stonestown Galleria Mall, as shown on Figure 608.10-1 and designated on Section Map SU3 of the Zoning Map of the City and County of San Francisco.

Figure 608.10-1 Stonestown SSD Boundary

(b) Purpose and Findings.

(1) The Stonestown Development Project (Project) is a mixed-use, multi-phased master-planned development located on the west side of San Francisco, generally bounded by Eucalyptus Drive to the north, 19th Avenue to the east, San Francisco State University (SFSU) Campus to the south, and Buckingham Way to the west. It will provide several benefits to the City, such as a significant amount of publicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

(2) In addition to furthering the purposes stated in Sections 101 and 601 of the Planning Code, the Stonestown SSD is intended to further the purposes of the Stonestown Special Use District, established pursuant to Section 249.9. The Stonestown SUD, and the Stonestown Design Standards and Guidelines (DSG), implement the land use controls for the Stonestown Development Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 240410.

(3) The Stonestown Galleria Mall opened in 1952. Since that time, the mall has operated as a retail destination within the City. As of the enactment of the ordinance in Board File No. 240409 establishing the Stonestown SSD, the mall provides ample parking spaces. Because there are no structures in the surface parking lot, the mall is visible to pedestrians, transit riders, and travelers in cars and other motor vehicles from 19th Avenue.

(4) As part of the Project, the surface parking lots will be subdivided, and replaced with new development, streets, and open spaces. Portions of the newly built 20th Avenue, Buckingham Way, and side streets between 19th and 20th Avenues will be privately owned by the Stonestown Galleria Mall, or its affiliates. In addition to providing necessary circulation for and access to the mall, the private streets will provide on-street parking and access to additional parking for retail shoppers. The Stonestown Galleria Mall, or its affiliates, will also own additional contiguous open spaces, and pedestrian pathways throughout the site. These private streets and parcels will be contiguous to and abut the mall, providing parking access, and facilitate foot traffic to the mall, as well as accessible open spaces to shoppers and residents of the Project.

(5) The purposes of this SSD include: ensuring the orderly development of the Project; safeguarding and enhancing the value of the surrounding residential and commercial areas; protecting the distinctive appearance of San Francisco due to its unique geography, topography, street patterns, skyline and architectural features; providing an environment that promotes the development of business in the City; encouraging sound practices and lessening objectionable effects in respect to size and placement of signs; and reducing hazards to motorists and pedestrians traveling on the public way.

(6) To accomplish these purposes, this SSD sets controls for Signs within the Stonestown SSD area.

(c) Controls. The Sign controls shall be as follows:

(1) Signage Controls for the Stonestown Galleria Mall. As to the Stonestown Galleria Mall, Article 6 of the Planning Code shall apply, except as otherwise noted in this SSD. If there is an unavoidable conflict between the SSD and other applicable provisions of Article 6 of the Planning Code, this SSD shall prevail.

(A) Stonestown Galleria Mall Building Signage. Signs on the Stonestown Galleria Mall shall follow the number, area, height, and projection requirements as shown in Table 608.10-1.

Table 608.10-1 Stonestown Galleria Mall Signage

(B) Video Signs. Video Signs shall be permitted on specified Stonestown Galleria Mall building walls, as shown in 608.10-2 below. Each Video Sign is limited to 30 square feet in size. No more than one Video Sign is permitted for each 100 feet of building frontage. Video signs shall be located entirely within 24 feet of the ground, with no portion higher than 24 feet from the ground. Video Signs may not change the visual representation, including animation, motion, other rolling static images, or any representation thereof, any more frequently than once every 60 seconds when fronting a publicly-owned right of way, or every 15 seconds when fronting a privately-owned public right of way. The limitations in this subsection (B) shall not apply when the video display is used for non-commercial purposes, which include movie screenings, community events, and interpretive historic, cultural, or art programming.

Figure 608.10-1 1 Location of Video Signs on Stonestown Galleria Mall

(C) Prohibited Signs. The following sign types shall be prohibited in the Stonestown SSD: General Advertising Signs (except as permitted pursuant to Planning Code Sections 603 and 611), roof signs, wind signs, revolving signs, balloon signs, inflated signs, and periodically, and repetitively flashing light signs that are not Video Signs.

(2) Signage Controls in the Stonestown SUD.

(A) Relationship to Planning Code. Except as provided in Planning Code Section 603, Signs on properties within the Stonestown SUD are subject to the controls set forth in this SSD and the DSG. No other provisions of Article 6 apply, unless specifically referenced in this SSD or DSG, but only to the extent and for the purposes stated in the SSD or DSG. Amendments to the Planning Code sections referenced in this SSD or the DSG made after the effective date of Ordinance 204-24 shall apply where not in conflict with this SSD, the DSG, or the Development Agreement.

(B) Relationship to Design Standards and Guidelines. Except as noted in this SSD, the signage controls for property located in the Stonestown SUD area are set forth in the Stonestown Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21565, and as it may be amended. A copy of the DSG is on file with the Board File No. 240410, is available on the Planning Department’s website, and is incorporated herein by reference. This SSD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SSD and the DSG, this SSD shall prevail. Amendments to the DSG shall be as set forth in the Stonestown SUD, established in Section 249.9.

(C) Permitting. All Signs on properties within the Stonestown SUD shall be subject to the permitting requirements of Section 604 of the Planning Code. Existing signage in the Stonestown SSD shall not be subject to the provisions of Section 604; provided, however, that an increase in area of an existing Sign including, but not limited to, any extensions in the form of writing, representation, emblem or any figure of similar character shall in itself constitute a new Sign subject to the provisions of this Section. For purposes of permitting Business Signs for tenants of the Stonestown Galleria Mall, “premises upon which such sign is located” means the Stonestown Galleria Mall along with contiguous parcels within the Stonestown SSD, including Parcels E2 and E6, that are under common ownership by the Stonestown Galleria Mall or its affiliate, and that are used primarily to provide pedestrian, bicycle, vehicular, or parking access to the Stonestown Galleria Mall.

(D) Banner signs on utility poles. Banner signs on utility poles including lighting fixtures shall be permitted throughout the SSD. On City-owned utility poles, banner signs shall be governed by Public Works Code Article 5.7.

(E) Portable signage. Portable signage that need not be affixed to the ground or other surface, such as sandwich boards and valet parking signage, is permitted on the private streets within the Stonestown SSD and is limited to one sign of no more than 24 square feet per business. All portable signage shall be located within Frontage Zones, Furnishing

Zones, building setbacks, or open spaces fronting businesses. Portable signage in public right-of-ways must comply with the applicable provisions in the Public Works Code, Transportation Code, Police Code, or other law. (Added by Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

(Former Sec. 608.10 added by Ord. 64-77, App. 2/18/77; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

CODIFICATION NOTE

1. So in Ord. 204-24.

SEC. 608.11. HOSPITALS AND MEDICAL CENTERS IN R DISTRICTS ADJACENT TO OR CROSS THE STREET FROM NC, C OR M DISTRICTS.

(a) Purposes and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to this Special Sign District. These purposes constitute the findings that form a basis for these regulations and provide guidance for their application.

(1) Hospitals and medical centers are distinguished from other uses in R Districts in that they provide emergency medical care vital to the health and well-being of the people of the City. Where such facilities are in R Districts and adjacent to or across the street from NC, C or M Districts, their signs are substantially obscured, ineffective, and put to a significant disadvantage by the more intense signage allowed in the NC, C or M Districts nearby, making identification of emergency facilities difficult.

(2) Imposing the standards of Section 607 on only those hospitals and medical centers in R Districts adjacent to or across the street from NC, C or M Districts will allow for necessary and desirable signs to the benefit of the people in need of emergency care when such identification is most critical.

(3) The City Planning Commission in reviewing applications for signs under this Section 608.11 shall consider the needs of pedestrians and drivers approaching the applicant institution and the character and pattern of the immediate neighborhood and those neighborhoods affected by the proposed signs so that only such signs that are required for the identification of the institution, and that are not detrimental to the surrounding neighborhoods and any panoramas or vistas in such areas, are approved.

(b) Control. Notwithstanding the provisions of Section 606 of this Code, a hospital or medical center in an R District and adjacent to or across the street from an NC, C or M District for a distance of at least 400 feet of total street frontage shall be subject to the provisions of Section 607 of this Code that apply to the NC, C or M District adjacent to or across the street upon approval by the City Planning Commission as a conditional use under the procedures and criteria set forth in Section 303 of this Code. The Commission, in considering an application under this Section, may permit signs, including signs located on the sides of a penthouse, that exceed the standards of Section 607 to the extent necessary to meet community needs for adequately identified medical institutions with the exception of moving parts, flashing lights and wind signs which are prohibited.

(Added by Ord. 30-85, App. 1/17/85; amended by Ord. 69-87, App. 3/13/87)

SEC. 608.12. 555 9TH STREET SPECIAL SIGN DISTRICT.

(a) Establishment of Special Sign District. The 555 9th Street Special Sign District (“555 9th Street SSD” or “SSD”), consisting of Assessor’s Block 3781, Lot 003, bounded by Bryant Street to the north, 9th Street to the west, Brannan Street to the south, and developed lots to the east, as shown on Sectional Map SSD of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes and subject to the controls set forth in this Section 608.12.

(b) Purpose. The purpose of the 555 9th Street SSD is to modify the sign controls that otherwise would apply within the SSD to allow for signage that is more typical for the type of structure that occupies the SSD, a large-scale shopping center with multiple tenants and a mix of smaller and larger-scale spaces (the “Shopping Center”).

(c) Controls. Signs within the 555 9th Street SSD shall be controlled by those provisions in Article 6 of the Planning Code applicable to Signs in the C-3 Zoning District, except as otherwise provided in this Section 608.12. In the event of a conflict between other provisions of the Planning Code and this Section 608.12, this Section shall control.

(1) No Sign attached to second-story portions of the Shopping Center fronting the internal parking structure shall exceed three square feet per foot of frontage along the parking structure occupied by the Shopping Center tenant to which the Sign directs attention. Such Signs shall be located along that occupied frontage and shall be no higher than 18 feet above the finished floor height immediately below such Sign or the height of the wall to which it is attached, whichever is lower.

(2) Video Signs. Video Signs shall be allowed within 10 horizontal feet of any pedestrian entrance from a street to an individual tenant space. Any such Video Sign shall not exceed an Area of 24 square feet or 10 feet in height. Video Signs shall direct attention only to the occupancy of the individual tenant space at which the Sign is located. Sign copy shall not be displayed in any fashion whatsoever during times that such entrance is not open to the public and at all other times shall not change copy in any way more frequently than once per hour.

(3) Illumination. Any Sign may be Nonilluminated or Indirectly or Directly Illuminated. Signs may only be illuminated during the hours of operation of the businesses in the Shopping Center. (Added by Ord. 240-24, File No. 240438, App. 10/18/2024, Eff. 11/18/2024)

(Former Sec. 608.12 addedby Ord. 64-88, App. 2/18/88; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 608.13. IN THE RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT.

Within the boundaries of the Rincon Hill Downtown Residential Mixed Use District set forth in Section 827 and generally bounded by Folsom Street, The Embarcadero, Bryant Street, and Essex Street, notwithstanding any other provisions of this Code, the existing Signs and/or Sign Towers may be changed, modified or replaced provided that all the following criteria are met:

(a) Such changed, modified or replacement sign is in the same general location as the existing signage;

(b) The total area and height of the changed, modified or replacement sign is not increased from the total area and height of the existing sign or sign tower;

(c) Such sign or sign tower may contain letters, numbers, a logo, service mark and/or trademark, and may be nonilluminated, or directly or indirectly illuminated;

(d) Such sign or sign tower may only reflect the identity of the owner or a tenant of the building, including a parent corporation, subsidiary and/or affiliate of the owner or of the tenant.

(Added by Ord. 389-95, App. 12/14/95; amended by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Undesignated introductory material amended; Ord. 56-13 , Eff. 4/27/2013. Section header and introductory material amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 608.14. VINTAGE SIGNS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 124-25 , approved 8/1/2025, effective 9/1/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) Restoration and Maintenance. Notwithstanding the provisions of Section 604(e) of this Code, Signs which depict in text or graphic form a particular residential, business, cultural, economic, recreational, or other valued resource which is

deemed by the Planning Commission to be a cultural artifact that contributes to the visual identity and historic character of a City neighborhood or the City as a whole shall be considered a Vintage Sign and allowed to be restored, reconstructed, maintained, and technologically improved on a property by Conditional Use authorization of the Planning Commission provided that: (1) the Vintage Sign to be restored, reconstructed, or technologically improved depicts a use, person, place, thing, cultural icon, or other valued character or characteristics of the City or a City neighborhood that, at the time of the Vintage Sign authorization, is at least 40 years old; (2) at least 50% of the Area of the Sign remains legible, (3) the Sign does not visually obstruct or significantly impair or detract from, by glare or any other means, a City landmark or public vista; (4) the Sign is not larger than the Sign that existed prior to the Vintage Sign authorization and does not appear to be more visually prominent than the Sign that existed prior to the Vintage Sign authorization; and (5) the Sign is maintained in good condition, repair, and working order. Designation as a Vintage Sign under this Section 608.14 does not by itself protect the Sign from being obscured or removed by future development projects.

t existed prior to the Vintage Sign authorization and does not appear to be more visually prominent than the Sign that existed prior to the Vintage Sign authorization; and (5) the Sign is maintained in good condition, repair, and working order. Designation as a Vintage Sign under this Section 608.14 does not by itself protect the Sign from being obscured or removed by future development projects.

(b) Application for Vintage Sign Authorization. Prior to the scheduling of the Conditional Use hearing before the Planning Commission required by subsection (a), the applicant for a vintage sign authorization shall provide to the Department evidence in the form of photographs and/or documents demonstrating that:

(1) the sign proposed for vintage sign authorization is at least 40 years old; and

(2) the sign is a cultural artifact that depicts a particular residential, business, cultural, economic, recreational, or other valued resource of the past that contributes to the visual identity and character of a City neighborhood or the City as a whole.

(c) Application of Other Article 6 Requirements. Once a sign is authorized as a vintage sign under this Section, it is subject only to the requirements of this Section 608.14 and is exempt from all other provision of Article 6. However, any change of copy from the vintage-copy authorized by the Planning Commission or any enlargement or alteration shall be considered an abandonment of the vintage sign authorization and the sign shall then be considered a new sign subject to all the provisions of this Article 6. The addition of a frame to a painted wall sign shall not be considered an enlargement or alteration under this section.

(d) Removal of Vintage Sign. Once designated as a vintage sign under this Section, the sign may not be removed without Conditional Use authorization of the Planning Commission.

(e) Relocation. A three-dimensional vintage sign may be relocated to a new location with Conditional Use authorization of the Planning Commission. Relocation of a general advertising sign is subject to the provisions of Section 2.21 of the San Francisco Administrative Code and may not be relocated under this Section 608.14.

(f) Referral to Historic Preservation Commission. If the application for a vintage sign authorization under this Section 608.14 is not otherwise required to be referred to the Historic Preservation Commission under the San Francisco Charter or this Code, it is not required to be referred.

(Added by Ord. 276-98, App. 8/28/98; amended by Ord. 160-11 , File No. 110277, App. 8/1/2011, Eff. 8/31/2011; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025)

AMENDMENT HISTORY

Section header and section amended; Ord. 160-11 , Eff. 8/31/2011. Division (a) amended; Ord. 124-25, Eff. 9/1/2025.

SEC. 608.15. NORTHEAST WATERFRONT SPECIAL SIGN DISTRICT.

There shall be a special sign district known as the "Northeast Waterfront Special Sign District." The boundaries of this special sign district shall be coterminous with the boundaries of the Northeast Waterfront Historic District, as established pursuant to Article 10, Appendix D of this Code by Ordinance No. 171-83, and any amendments thereto. A copy of said Ordinance and materials related thereto are on file with the Clerk of the Board of Supervisors in File No. 031034.

(a) Purposes and Findings.

(1) In addition to furthering the purposes stated in Sections 101 and 601 of this Code, creation of the Northeast Waterfront Special Sign District is intended to further the purposes of the Northeast Waterfront Historic District created

pursuant to Board of Supervisors Ordinance No. 171-83, and any amendments thereto, and to foster the preservation and enhancement of said Historic District.

(2) The standards established by these regulations are deemed to be minimum requirements.

(b) Regulations within the Special Sign District:

(1) No Projection shall exceed a horizontal distance of six feet beyond any Street Property Line. This limitation shall apply to Signs and to all other features, including but not limited to, Marquees and Awnings, with the sole exception of flagpoles for flags. All Signs, Marquees, Awnings, and other features shall be supported entirely by a building. No Canopies shall be permitted.

(2) All Signs shall be placed entirely below the level of the lowest cornice or strong horizontal element located above the ground story of the building, and in no event higher than three feet above the top of the ceiling level of the ground story.

(3) No Directly Illuminated Sign, as defined in Section 602 of this Code, shall be permitted.

(4) Principal Signs. Only one principal sign shall be permitted per establishment per street frontage. In addition, the following provisions shall apply to principal signs:

• (A) A projecting sign shall not exceed 10 square feet;

(B) If a flush sign contains lettering, the lettering shall not exceed 18 inches in height; provided, however, that in no event shall lettering exceed a size that can be read from any farther than across the street;

(C) On a brick surfaces, signs shall be mounted with a minimum number of wall penetrations.

(5) Secondary Signs. Only one secondary sign shall be permitted per establishment per street frontage. A secondary sign is intended to be viewable close-up. In addition, the following provisions shall apply to secondary signs:

(A) If lettering is placed on a door or window, such lettering may contain only the name and nature of the establishment, hours of operation, and other pertinent information;

(B) A projecting secondary sign shall not exceed two square feet in area if used in conjunction with a principal flush sign.

(6) The total area of all Signs on a building shall not exceed an area of two square feet for each foot of street frontage occupied by the building; however, in no event shall the total area of all signs on a building’s street frontage exceed 50 square feet.

(Added by Ord. 59-08, File No. 031034, App. 4/10/2008; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

AMENDMENT HISTORY

Section header amended; former divisions (b)(1)–(b)(3) deleted; former divisions (b)(4)–(b)(6) and (b)(9) amended and redesignated as (b)(1)–(b)(3) and (b)(6); former divisions (b)(7) and (b)(8) redesignated as (b)(4) and (b)(5); Ord. 217-16, Eff. 12/10/2016.

SEC. 608.16. CITY CENTER SPECIAL SIGN DISTRICT.

(a) General. There shall be a Special Sign District known as the "City Center Special Sign District" in the block bounded by Geary Boulevard on the north, Masonic Avenue on the west, O'Farrell Street on the south and Lyon Street on the east, as designated on Sectional Map SSD of the Zoning Map of the City and County of San Francisco. The original copy of said Sectional Map with this Special Sign District indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 110448. Signs in the City Center Special Sign District shall be subject to the provisions of Article 6 except that the controls as provided in this Section 608.16 shall apply in lieu of the sign controls specified in Section 607.1. Further, in the event of a conflict between the provisions of Section 608.16 that authorize specified signs and other provisions of Article 6, the provisions of Section 608.16 shall prevail notwithstanding any provision of the Code to the contrary.

(b) Purpose and Findings. In addition to the purposes stated in Sections 101 and 601 of this Code, the following purposes apply to the City Center Special Sign District. These purposes constitute findings that form a basis for these regulations and provide guidance for their application.

(1) The City Center was built in 1951 as an approximately seven-acre, single-tenant, multilevel Sears department store on a site spanning four city blocks bounded by Geary Boulevard, Masonic Avenue, Lyon Street, and O'Farrell Street. The Sears store historically maintained projecting signs on the north and south elevations of the building, on a centrally located sign tower, in alcoves below the roofline of the building, and above pedestrian entries. The signs were scaled and located to provide visibility from the wide roadways bordering the City Center.

(2) In 1994, the City Center reopened as a multi-tenant shopping center. Signs on the sign towers and in roofline alcoves were removed at that time, limiting the visibility of the City Center and its tenants from Geary Boulevard. (3) The City Center has experienced significant vacancy in recent years since its conversion to multi-tenant use, resulting in a loss of sales tax revenue to the City. Adequate, well-placed signs on both the building and at parking entrances are necessary to ensure that the City Center remains a viable retail center providing goods and services to residents, while generating sales tax revenue for the City.

ty Center has experienced significant vacancy in recent years since its conversion to multi-tenant use, resulting in a loss of sales tax revenue to the City. Adequate, well-placed signs on both the building and at parking entrances are necessary to ensure that the City Center remains a viable retail center providing goods and services to residents, while generating sales tax revenue for the City.

(4) The City Center has six separate surface parking lots with separate entrances accessible from Geary Boulevard, Masonic Avenue and O'Farrell Street, which are built at different grades and cannot feasibly be connected. Directional signs at parking lot entrances are necessary to direct motorists to the lot adjacent to the store they intend to visit and to minimize traffic congestion on surrounding streets.

(5) The City Center has multiple entrances and levels, with commercial units on the lower and upper stories with access to stores from streets or from one of the six separate surface parking lots. Signs and other advertising devices for on-site businesses are essential to the general quality and economic stability of the City Center. Current sign regulations, which are tailored to smaller storefronts typical of the City's neighborhood commercial districts, do not provide sufficient visibility for businesses located in the City Center, a large-scale development with a building height, bulk, appearance and site configuration that differs from that of other neighborhood commercial districts.

(6) Sign sizes, number, height and placement should take into account the configuration of the site development and the adjacent wide streets and an expressway, in order to provide visual relief to the large area of the building, visibility for its businesses and identity for the City Center as a whole.

(7) Additional projecting signs, wall signs, and directional signs at parking lot entrances would improve the visual appeal, identity, and long-term viability of the City Center, while improving access to its parking facilities and minimizing traffic congestion.

(c) Definitions. Within the City Center Special Sign District, the following definitions shall apply in addition to the applicable definitions in Section 602:

(1) Copy Area. On a directional sign, projecting sign, or sign tower, copy area shall refer to the entire area within a single continuous rectangular perimeter formed by extending lines around the extreme limits of writing, representation, emblem, or any figure of similar character.

(2) Directional Sign. A directional sign shall mean a sign identifying the location of a parking lot entry and the names of the businesses accessible from such lot. A directional sign may also identify the number of parking spaces available in the adjacent parking lot and the name of the shopping center.

(3) Internal Wayfinding Signs. Internal wayfinding signs shall mean signs located entirely on private property which are intended to direct vehicles and pedestrians within the site. Internal wayfinding signs shall be designed to be minimally visible from any public right of way.

(d) Controls Generally. The sign controls applicable in the City Center Special Sign District are specified in this Section 608.16. All signs or sign features not otherwise specifically authorized in this Section 608.16 or exempted in Sections 603 or 604 shall be prohibited.

(e) Illumination. All signs may be non-illuminated, indirectly or directly illuminated. Signs may not be flashing, blinking, fluctuating or otherwise animated light.

• (f) Business Signs. Business signs, as defined in Section 602, shall be permitted subject to the limits set forth below.

• (1) Wall Signs. Wall signs, as defined in Section 602, shall be permitted as follows:

(A) Wall Signs Above Pedestrian Entries from a Parking Lot. For a business occupying 8,000 square feet or more, one wall sign up to 200 square feet in area shall be permitted above each pedestrian entry to the business from a parking lot. For a business occupying less than 8,000 square feet, one wall sign up to 75 square feet in area shall be permitted above each pedestrian entry to the business from a parking lot. The height of any parking lot entry wall sign shall not exceed 28 feet.

(B) Wall Signs Above Pedestrian Entries from a Public Sidewalk. The area of all wall signs located above pedestrian entries from a public sidewalk shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the signs are attached, or 150 feet for each street frontage, whichever is less. The height of any street entry wall sign shall not exceed 24 feet.

(C) Other Wall Signs. The following additional wall signs shall be permitted:

(i) Up to three additional wall signs shall be permitted on each of the Masonic Avenue and Geary Boulevard frontages. The area of each sign shall be limited to a maximum of 115 square feet. The height of such wall signs shall not exceed 48 feet.

(ii) At the intersection of Geary Boulevard and Lyon Street, up to 500 square feet of wall signs shall be permitted, provided that no wall sign for a single use shall occupy more than 80 square feet. The height of such wall signs shall not exceed the height of the wall on which they are located.

(iii) One wall sign shall be permitted in each of the two existing sign alcoves located below the roofline of the building on the primary west and east building elevations perpendicular to Geary Boulevard, subject to the following conditions: wall signs shall be no higher than the wall to which they are attached, shall have a maximum area of 170 square feet, and shall be identifying signs, as defined in Section 602, for the shopping center.

(2) Window Signs. The total area of all window signs, as defined in Section 602, shall not exceed 1/3 the area of the window on or in which the signs are located.

(3) Projecting Signs. A total of six projecting signs shall be permitted within the Special Sign District, subject to the following limitations, provided, however, that the limits on the number of projecting signs per business and size of projecting signs set forth elsewhere in this Code shall not apply.

(A) Projecting signs may be identifying signs for the shopping center or business signs or may contain seasonal messages.

(B) No projecting sign shall project more than eight feet over the property line or exceed the height of the wall to which it is attached by more than 10 feet.

(C) Five projecting signs shall be permitted on Geary Boulevard, each with up to 2 faces. One such sign shall be permitted to have an area up to 540 square feet per face and a maximum copy area of 240 square feet per face. Four such signs shall be permitted to have an area up to 470 square feet per face, and a maximum copy area of 240 square feet per face. As of the effective date of this ordinance, the building has one existing projecting sign on Geary Boulevard with an area of 540 square feet. The new projecting signs authorized by this section on Geary Boulevard shall be visually distinct from and subordinate to the existing projecting sign.

(D) One projecting sign shall be permitted on the building fronting the parking lot at the intersection of Masonic Avenue and O'Farrell Street. Such sign shall be permitted to have an area up to 752 square feet per face, and a maximum copy area of 240 square feet per face.

(4) Freestanding Signs and Sign Towers. Freestanding signs and sign towers shall be permitted as follows:

(A) One freestanding sign shall be permitted near the intersection of Masonic Avenue and O'Farrell Street. Such sign shall be located wholly on private property and shall identify the name of the shopping center and its tenants. Such sign may have up to 2 faces and shall be limited to a height of 35 feet, a total area of 260 square feet per face and a copy area of 140 square feet per face.

(B) One freestanding directional sign with up to 2 faces shall be permitted at each parking lot entry, up to a maximum of seven within the Special Sign District. Directional signs shall not exceed a height of 15 feet. The area of a directional sign tower shall not exceed 50 square feet per face, and the copy area shall not exceed 20 square feet per face. (C) On the existing central sign tower, located approximately in the center of the property and adjacent to the rooftop penthouse, two signs shall be permitted subject to the following conditions: the copy area shall not exceed 240 square feet per sign, the height shall not exceed the height of the existing central sign tower to which they are attached, and such signs shall be limited to identifying signs for the shopping center.

(g) Exempt Signs. In addition to signs exempted under Sections 603 and 604, internal wayfinding signs shall be exempt in the City Center Special Sign District.

(h) Temporary Signs. Signs authorized in Section 607.1(g) pertaining to temporary signs shall be authorized in the City Center Special Sign District.

(Added by Ord. 195-11 , File No. 110448, App. 10/4/2011, Eff. 11/3/2011; amended by Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Divisions (c), (f), (f)(1), (f)(1)(C)(iii), and (f)(2) amended; Ord. 13-26, Eff. 3/16/2026. SEC. 608.17. [REPEALED.]

(Added by Ord. 294-24, File No. 240931, App. 12/19/2024, Eff. 1/19/2025; repealed by Ord. 97-25, File No. 250140, App. 6/27/2025, Eff. 7/28/2025)

SEC. 608.18. 3250 19TH AVENUE SPECIAL SIGN DISTRICT.

(a) Establishment of Special Sign District. The 3250 19th Avenue Special Sign District (“3250 19th Avenue SSD” or “SSD”), consisting of Assessor’s Parcel Block No. 7231, Lot 003, as shown on Sectional Map SS01 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes and subject to the controls set forth in this Section 608.18.

(b) Purpose. The purpose of the 3250 19th Avenue SSD is to modify the sign controls that would otherwise apply within the SSD to allow for appropriate signage opportunities for this large, undivided lot and the structures that occupy the lot.

(c) Controls. Signs within the 3250 19th Avenue SSD shall be controlled by all applicable provisions in the Planning Code, except to the extent they conflict with this Section 608.18. In the event of a conflict between other provisions of the Planning Code and this Section 608.18, this Section shall control. Unless otherwise indicated in this Section 608.18, the controls within the SSD shall apply to signs for all principally permitted or conditionally permitted uses of the subject property.

(1) Freestanding Signs are permitted to be placed within a required front setback area or within a legislated setback line, provided that the Sign is located at least three feet from the street property line. No Sign shall project beyond a street property line.

(2) The total number of permitted Signs shall not exceed one Sign for each 130 linear feet of street frontage of the lot. Nothing in the foregoing sentence shall limit the placement of such Signs on the applicable street frontage.

(3) Signs may be Indirectly Illuminated or Nonilluminated.

(4) All Signs shall satisfy the following requirements, as applicable:

(A) The Height of any Wall Sign shall not exceed 50 feet or the height of the wall to which it is affixed, whichever is less; and

(B) The Area of any Wall Sign shall not exceed one square foot per three linear feet of street frontage or 140 square feet, whichever is less; and

(C) The Area of any Freestanding Sign shall not exceed one square foot per seven linear feet of street frontage or 60 square feet, whichever is less.

(5) In calculating the limits in subsection (c)(4) of this Section 608.18, the relevant street frontage shall be the street from which the Sign is visible. Further, two street frontages cannot be combined to install larger Signs or a greater number of Signs on a single street frontage.

(6) Nothing in this Section 608.18 shall limit the applicability of Planning Code Sections 608.6 and 609.6 within the SSD.

(Added by Ord. 61-25, File No. 250100, App. 5/2/2025, Eff. 6/2/2025)

SEC. 609. AMORTIZATION PERIODS.

No lawfully existing sign which fails to conform to the provisions of this Article 6 need be removed or altered to conform to said provisions prior to the end of its normal life as provided in Section 604 of this Code, except as specified in Sections 609.1 through 609.12. Where two or more amortization periods of differing duration apply to the same sign, the most restrictive of such amortization periods shall prevail unless this Code specifically provides otherwise. Where removal or alteration of a sign is required, such requirement shall apply to the sign faces, the sign structure, the supporting framework and all other parts of the sign.

(Amended by Ord. 64-77, App. 2/18/77)

SEC. 609.1. GENERAL ADVERTISING SIGNS LOCATED IN R DISTRICTS.

Any lawfully existing general advertising sign in an R District shall be removed within five years after the effective date of this Article 6 or such later date as the sign becomes nonconforming. (Added by Ord. 263-65, App. 10/22/65)

SEC. 609.2. [REPEALED.]

(Added by Ord. 263-65, App. 10/22/65; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 609.3. WITHIN CIVIC CENTER SPECIAL SIGN DISTRICTS.

Any lawfully existing sign which does not conform to Section 608.3 of this Code shall be removed or altered to conform therewith within the period of time specified below after the effective date of this Article 6 or such later date as the sign becomes nonconforming:

(a) In Civic Center Special Sign Districts Numbers 1 and 2, one year for painted wall signs;

• (b) In Civic Center Special Sign District No. 1, one year for general advertising signs;

(c) In Civic Center Special Sign District No. 2, five years for general advertising signs other than painted wall signs. Provided, however, that within these Special Sign Districts, except as stated otherwise in Section 609.10 of this Code, a lawfully existing sign which does not conform to Section 608.3 need not be removed or altered to conform therewith prior to the end of its normal life if located on the north side of Market Street and within 60 feet of the north line of Market Street and primarily viewed from Market Street, or if located on the north line of Hayes Street (between Market Street and a point 100 feet east of the east line of Van Ness Avenue) and within 60 feet of the north line of Hayes Street and primarily viewed from Hayes Street.

(Amended by Ord. 125-70, App. 4/17/70)

SEC. 609.4. SIGNS NEAR NONLANDSCAPED FREEWAYS.

Any lawfully existing sign which is now or hereafter near a nonlandscaped portion of a freeway and which does not conform to the provisions of Section 608.5 of this Code shall be removed or altered to conform therewith within 10 years after the effective date of this Article 6, or within 10 years after such date as the precise route of the freeway has been determined and designated but not before such route has been opened to traffic, whichever date is later; provided,

portion of a freeway and which does not conform to the provisions of Section 608.5 of this Code shall be removed or altered to conform therewith within 10 years after the effective date of this Article 6, or within 10 years after such date as the precise route of the freeway has been determined and designated but not before such route has been opened to traffic, whichever date is later; provided,

however, that any lawfully existing sign near the James Lick Freeway if located west of Fifth Street, north of Division Street, and east of 10th Street, or near the San Francisco-Oakland Bay Bridge approach east of Fifth Street need not be removed or altered to conform to Section 608.5 prior to the end of its normal life if located within the area exempted from the prohibition of freeway signs by Section 4721.D(2) of the San Francisco Building Code as that Section was in effect immediately prior to the effective date of this Article 6.

(Added by Ord. 263-65, App. 10/22/65)

SEC. 609.5. SIGNS NEAR LANDSCAPED FREEWAYS.

Any lawfully existing sign which is now or hereafter near a landscaped portion of a freeway and which does not conform to the provisions of Section 608.5 of this Code shall be removed or altered to conform therewith within three years after the effective date of this Article 6, or three years after the date when the landscaping project has been completed, whichever is later; unless an earlier date for removal or alteration of the sign has been established by Section 4721.C of the San Francisco Building Code, as that Section was in effect immediately prior to the effective date of this Article 6, in which case the date for removal or alteration shall be two years following the date so established by the Building Code.

(Added by Ord. 263-65, App. 10/22/65)

SEC. 609.6. SIGNS NEAR CERTAIN SCENIC STREETS.

Any lawfully existing sign which does not conform to Section 608.6 of this Code shall be removed or altered to conform therewith within five years after the effective date of this Article 6 or such later date as the sign becomes nonconforming; unless such sign was made subject to removal or alteration within five years after February 18, 1960, by Section 4722.D of the San Francisco Building Code, as that Section was in effect immediately prior to the effective date of this Article 6, in which case such earlier date shall prevail. Provided, however, that any lawfully existing sign within the Special Sign District along Nineteenth Avenue between Lincoln Way and Sloat Boulevard and on a lot in a C-1 or C-2 District need not be removed or altered to conform to Section 608.6 prior to the end of its normal life or until such earlier date, if any, by which it must be removed or altered to qualify said street for designation as a part of the State scenic highway system in accordance with the applicable provisions of State law.

(Added by Ord. 263-65, App. 10/22/65)

SEC. 609.7. WIND SIGNS.

Any lawfully existing wind sign in any zoning district shall be removed within one year after the effective date of this Article 6.

(Added by Ord. 263-65, App. 10/22/65)

SEC. 609.8. MISCELLANEOUS SERVICE STATION SIGNS IN R DISTRICTS.

Any lawfully existing sign at an automobile service station in an R District (other than those signs covered by Paragraph 606(d)(1)(A) of this Code) which does not conform to Paragraph 606(d)(1)(B) of this Code shall be removed or altered to conform therewith within one year after the effective date of this Article 6 or such later date as the sign becomes nonconforming.

(Added by Ord. 263-65, App. 10/22/65; amended by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Section amended; Ord. 20-15, Eff. 3/22/2015.

SEC. 609.9. SIGNS NEAR RAPID TRANSIT ROUTES.

Any lawfully existing sign which is now or hereafter near a rapid transit route or portion thereof and which does not conform to the provisions of Section 608.7 of this Code shall be removed or altered to conform therewith within five years after the effective date of this Article 6, or within five years after such date as the precise rapid transit route or portion has been determined and designated but not before such route or portion has been opened to traffic, whichever date is later. (Added by Ord. 263-65, App. 10/22/65)

SEC. 609.10. IN THE MARKET STREET SPECIAL SIGN DISTRICT.

(a) General Advertising Signs. Any lawfully existing General Advertising Sign within the Market Street Special Sign District, other than such a Sign located on a wall immediately adjacent to the establishment to which it directs attention, shall be removed within five years after the effective date of said Special Sign District or such later date as the location of such Sign may be designated as part of said Special Sign District; provided, however, that if the public street and plaza improvements within any of the sections of the Market Street Special Sign District listed below have not been substantially completed at the end of said five-year period in accordance with the architectural plans entitled “Market Street Reconstruction,” Transit Task Force File No. 810.00R1 through 810.28R1, dated September 10, 1970, and “Surface Plan - Hallidie Plaza,” Transit Task Force File No. 1000, dated July 15, 1970, including permanent pavement of sidewalk and roadway areas, planting of trees and placement of furnishings, then said General Advertising Signs within any such section need not be removed until 30 days after the date of substantial completion of said improvements in the section in which said Signs are located:

• (1) Between The Embarcadero and the easterly line of Third Street;

• (2) Between the easterly line of Third Street and the easterly line of Powell Street;

• (3) Between the easterly line of Powell Street and the easterly line of Seventh Street;

• (4) Between the easterly line of Seventh Street and the easterly line of Twelfth Street;

• (5) Between the easterly line of Twelfth Street and the Central Skyway overpass.

It is hereby found and declared that as of May 18, 1976, six years after the effective date of the Market Street Special

Sign District, the public street and plaza improvements within each and every section of Market Street listed above have been substantially completed in accordance with the plans and other terms set forth above. Accordingly, all general advertising signs specified in this Subsection (a) shall be removed forthwith. This amendment is intended only to clarify existing provisions of law, and thereby to facilitate administration of those provisions.

It is hereby found and declared, further, that a six-year amortization period for general advertising signs throughout the Market Street Special Sign District is more than adequate in view of the express purposes of the Special District, the massive public and private investments that have already taken place, and the new environment created in all sections of the street. In addition, it is noted that the amortization period for general advertising signs originally adopted in this district was three years, which period was extended to five years with the proviso concerning substantial completion, and that the amortization periods for all other signs affected by this Section were only one, two and three years, which periods have in all cases already been enforced and complied with; the factor, also, demonstrates that a six-year amortization period for general advertising signs is more than adequate.

(b) Moving Parts. Any lawfully existing sign within the Market Street Special Sign District that has a moving part or parts legally nonconforming under Subsection 607(d) of this Code shall be removed or altered to conform therewith within three years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(c) Temporary Signs. Any lawfully existing sign within the Market Street Special Sign District which does not conform to the requirements of Paragraph 608.8(f)(1) of this Code shall be removed or altered to conform therewith within one year after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(d) Signs, Structures and Features in Public Areas. Any lawfully existing sign, structure or feature within the Market Street Special Sign District which does not conform to the requirements of Paragraph 608.8(f)(2) of this Code shall be removed or altered to conform therewith within one year after the effective date of said Special Sign District or such later date as the location of such sign, structure or feature may be designated as part of said Special Sign District, if such sign, structure or feature is within Market Street, within Powell Street, or within any other street area opposite a street property line that abuts Market Street and faces Market Street at an angle of less than 90 degrees. This removal requirement shall, among other things, specifically apply to all canopies now in place in said Special Sign District and located as described herein.

ict, if such sign, structure or feature is within Market Street, within Powell Street, or within any other street area opposite a street property line that abuts Market Street and faces Market Street at an angle of less than 90 degrees. This removal requirement shall, among other things, specifically apply to all canopies now in place in said Special Sign District and located as described herein.

(e) Projection. Except as provided herein, any lawfully existing sign or other feature within the Market Street Special Sign District which does not conform to the projection limitations of Paragraph 608.8(d)(1) of this Code shall be removed or altered to conform therewith within two years after the effective date of said Special Sign District if such sign or other feature projects over either street property line of Market Street, either street property line of Powell Street, or any other street property line that abuts Market Street and faces Market Street at an angle of less than 90 degrees. The Zoning Administrator may, in specific cases, permit the retention or alteration of an existing sign or other feature which projects more than six feet but in no event and under no circumstances more than eight feet, if the Zoning Administrator determines (1) that the sign or feature is of high quality, in scale with its surroundings, not detrimental to other properties, and not so located that it will conflict with trees or other features in the street area, and (2) that unusual circumstances apply concerning the nature of the sign or feature or concerning the building that would make adherence to the six-foot limitation impractical without offsetting public advantages.

(f) Revocation of Permits. Any permit issued for erection or alteration of a sign, structure or feature required to be removed or altered under Subsection 609.10(d) or (e) above is hereby revoked as of the date on which such removal or alteration is required. The permit for any sign erected or altered pursuant to Section 4653(b) of the Building Code, enacted by Ordinance No. 325-69, pertaining to signs for new businesses or organizations and change in name of business or organizations, pending adoption of permanent standards for signs in the Market Street area, shall be automatically revoked upon adoption of this present ordinance, if the sign authorized by such permit does not conform to all such permanent standards made applicable hereby to the property on which the sign is located.

(Amended by Ord. 64-77, App. 2/18/77; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header and division (a) amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 609.11. IN THE JACKSON SQUARE SPECIAL SIGN DISTRICT.

Any lawfully existing Sign which does not conform to Section 608.9 of this Code shall be removed or altered to conform therewith within five years after the effective date of said Section or such later date as the Sign becomes nonconforming.

(Added by Ord. 223-72, App. 8/9/72; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header and section amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 609.12. ON AND NEAR MARKET STREET FROM THE CENTRAL SKYWAY OVERPASS TO DIAMOND STREET.

(a) General Advertising Signs. Any lawfully existing general advertising sign within the Upper Market Special Sign District, other than such a sign located on a wall immediately adjacent to the establishment to which it directs attention, shall be removed within five years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(b) Roof Signs. Any lawfully existing roof sign within the Upper Market Special Sign District shall be removed within five years after the effective date of such Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(c) Freestanding Signs. Any existing free standing sign within the Upper Market Special Sign District that lawfully exceeds a height of 24 feet shall be removed or altered to conform with such height limit within five years after the effective date of such Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(d) Moving Parts. Any lawfully existing sign within the Upper Market Special Sign District that has a moving part or parts legally nonconforming under Subsection 607(d) of this Code shall be removed or altered to conform therewith within three years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(e) Flashing Lights. Any lawfully existing sign within the Upper Market Special Sign District that has or consists of one or more flashing, blinking, fluctuating or otherwise animated lights legally nonconforming under Subsection 607(e) of this Code shall be removed or altered to conform therewith within three years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District.

(f) Not less than six months prior to the termination of the amortization period set forth in Section 609.12(a), the City Planning Commission shall conduct a hearing regarding general compliance with all the removal and conformity requirements of Section 609.12. The City Planning Commission shall send a report thereon to the Board of Supervisors, which shall conduct a hearing on said report.

(Added by Ord. 64-77, App. 2/18/77)

SEC. 609.13. NONCONFORMING GENERAL ADVERTISING SIGNS IN NEIGHBORHOOD COMMERCIAL DISTRICTS.

If state and/or federal statutes, as applicable, which currently required local governments to pay monetary compensation to the owners of nonconforming Signs as a condition of requiring removal of such Signs is/are repealed, or amended so as to eliminate that requirement, then any lawfully existing General Advertising Sign within a Neighborhood Commercial District shall be removed within five years of the effective date of the repeal of the amendment of said state and/or federal legislation, as applicable.

ensation to the owners of nonconforming Signs as a condition of requiring removal of such Signs is/are repealed, or amended so as to eliminate that requirement, then any lawfully existing General Advertising Sign within a Neighborhood Commercial District shall be removed within five years of the effective date of the repeal of the amendment of said state and/or federal legislation, as applicable.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Section header and section amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 609.14. IN THE NORTHEAST WATERFRONT SPECIAL SIGN DISTRICT.

Any lawfully existing Sign that does not conform to Section 608.15 of this Code shall be removed or altered to conform to that Section within five years after the effective date of Section 608.15 or such later date as the sign becomes nonconforming.

(Added by Ord. 59-08, File No. 031034, App. 4/10/2008; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

AMENDMENT HISTORY

Section header and section amended; Ord. 217-16, Eff. 12/10/2016.

SEC. 610. VIOLATION OF GENERAL ADVERTISING SIGN REQUIREMENTS.

(a) General. The penalties and methods of enforcement set forth in this Section 610 are in addition to those set forth in Section 176 of this Code and any other penalties or methods of enforcement authorized by law. In light of the findings of

Proposition G, approved by the voters in March of 2002, a violation of the Code's general advertising sign requirements is deemed to be a public nuisance.

(b) Administrative Penalties. The Director of Planning may impose administrative penalties for violations of the regulations governing General Advertising Signs set forth in this Article 6. These administrative penalties are cumulative to and do not foreclose any criminal or civil penalties that may apply under state or local law. Administrative penalties shall be imposed in accordance with the following procedures:

(1) Notice of Violation.

(A) Upon the Planning Department’s determination pursuant to Section 176 of this Code that a general advertising sign has been erected, installed, expanded, intensified, relocated, or otherwise operated in violation of the requirements of this Code or has been denied an in-lieu identifying number pursuant to Section 604.1(c) of this Code, the Director shall send a written notice of violation to the Responsible Party for delivery by first class mail, hand-delivery, or electronic mail. The notice of violation shall describe the violation(s), state that the Responsible Party has five calendar days from the date postmarked on the notice or three calendar days from the date of hand-delivery or electronic mail delivery of the notice to: (i) file an application for a permit to remove the general advertising sign; (ii) correct the violation(s) pursuant to subsection (c); or (iii) request reconsideration pursuant to subsection (d). An electronic mail message shall be considered delivered on the same day that it is sent.

on the notice or three calendar days from the date of hand-delivery or electronic mail delivery of the notice to: (i) file an application for a permit to remove the general advertising sign; (ii) correct the violation(s) pursuant to subsection (c); or (iii) request reconsideration pursuant to subsection (d). An electronic mail message shall be considered delivered on the same day that it is sent.

(B) Responsible Party. For the purposes of this Section 610, "Responsible Party" shall mean the owner(s) of the real property on which the general advertising sign is located, as listed in the Assessor's record, and the current leaseholder(s) or owner(s) of the general advertising sign, if different from the owner(s) of the real property. If the identity of the person or business entity that installed or operates the general advertising sign is unknown, the notice of violation shall be posted as close as practicable to the location of the sign; once the identity of the person or business entity is known, notice of violation shall be sent to such person or business entity without any such delay affecting the time limits, fees, or penalties imposed by this Section 610.

(2) Penalties.

(A) Accrual of Penalties. If a Responsible Party fails to respond to the notice of violation as outlined in Subsection (b)(1)(A), penalties shall accrue under this Section 610 at the daily rate set forth in Subsection (b)(2)(B) beginning on the Accrual Date, which is defined as the sixth day after the date postmarked on a notice delivered by first class mail, or on the fourth day after hand-delivery or electronic mail delivery of a notice, and the Director shall refer the matter to the City Attorney for further action. If the Responsible Party responds after the Accrual Date, but before the Director has referred the matter to the City Attorney, the Responsible Party shall be assessed a penalty based on the number of days that have passed beginning on the Accrual Date until the date the Responsible Party responded. Once the matter has been referred to the City Attorney for further proceedings, it shall be within the discretion of the City Attorney, in consultation with the Director, whether to allow the Responsible Party to request a reconsideration of the notice of violation or to proceed with other legal action. If the Responsible Party is allowed to request reconsideration, the Responsible Party shall pay a penalty based on the amount accrued beginning on the Accrual Date until the date the Responsible Party responded. The Responsible Party shall pay this penalty within five business days of notice that the Responsible Party will be allowed to request reconsideration.

(B) Amount of Penalties.

(i) The administrative penalties that the Director or administrative law judge assesses against the Responsible Party shall be related to the square footage of the General Advertising Sign found to be in violation of the Planning Code, as shown below:

• a. 100 square feet or less - $100 per day per violation;

• b. 101 - 300 square feet - $1,000 per day per violation;

• c. 301 - 500 square feet - $1,750 per day per violation; and

• d. Over 500 square feet - $2,500 per day per violation.

If the violation for which the administrative penalty is assessed has increased the size of the General Advertising Sign, the penalty shall be based on the actual size of the General Advertising Sign.

(C) Collection. The Director may request that the Tax Collector pursue collection of any penalty, from the Responsible Party including imposition of a special assessment lien in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). The Director may also request that the City Attorney pursue collection of the penalty against the Responsible Party in a civil action to enforce the provisions of this Code.

(D) Planning Code Enforcement Fund. Fees and penalties collected pursuant to this Section 610 shall be deposited in the Planning Code Enforcement Fund established in Administrative Code Section 10.100-166.

(c) Building Permit. A building permit shall be required to remove or modify any general advertising sign when such removal or modification is required pursuant to this Section 610.

(1) Additional time and material costs shall be added to the Building Permit fee pursuant to Section 350(c).

(2) The Responsible Party has thirty days from the filing of any required building permit application to remove or modify the general advertising sign to either: (i) obtain a Final Inspection Approval or Certificate of Final Completion from the Department of Building Inspection (DBI); or (ii) remove all advertising copy from the general advertising sign until the required DBI approval is obtained. If the Final Inspection Approval or Certificate of Final Completion has not been obtained or the advertising copy has not been removed within this time period, penalties shall accrue at the daily rate outlined in Subsection (b)(2)(B) until the advertising copy is removed or the required DBI approval is obtained.

• (d) Reconsideration of Notice of Violation or Administrative Penalty.

• (1) Reconsideration Hearing.

(A) A Responsible Party may seek reconsideration of the issuance of the notice of violation or any administrative penalty. Any request for reconsideration shall be accompanied by written evidence that demonstrates why the notice of violation was issued in error or why the administrative penalties were assessed in error. Upon receipt of a request for reconsideration within the time limits established by subsection (b)(1)(A) or when allowed under subsection (b)(2)(A), the Planning Department shall schedule a reconsideration hearing before an administrative law judge. Such hearing shall be scheduled for a date no later than 60 days after the request. At least 10 days before the scheduled hearing, the Planning Department shall notify the Responsible Party by mail in writing of the hearing date, time, and location.

)(A) or when allowed under subsection (b)(2)(A), the Planning Department shall schedule a reconsideration hearing before an administrative law judge. Such hearing shall be scheduled for a date no later than 60 days after the request. At least 10 days before the scheduled hearing, the Planning Department shall notify the Responsible Party by mail in writing of the hearing date, time, and location.

(B) The administrative law judge shall hold a hearing to reconsider the Director's notice of violation or administrative penalty. The administrative law judge's decision for a reconsideration of the notice of violation shall be based upon, but not limited to, the Planning Code, any final Zoning Administrator Interpretations, the Building Code, building permits issued by the City, and any final decisions of the Board of Appeals regarding the subject property. The administrative law judge’s determination of a request for reconsideration of any administrative penalty shall take into account the validity of accrual dates, accuracy of assessment based upon sign size and whether the Responsible Party was accurately identified. For repeat violations, the administrative law judge shall also take into account the considerations specified in subsection (f)(3) of this Section 610. Within 30 days of the hearing, the administrative law judge shall issue a final written decision, which shall be mailed to the Responsible Party. The final written decision shall not be appealable to the Board of Appeals. All final written decisions shall inform the Responsible Party of its right to seek judicial review pursuant to the timelines set forth in Section 1094.6 of the California Code of Civil Procedure.

(C) If the Planning Department rescinds the notice of violation or penalties prior to the reconsideration hearing, the case shall be considered abated and all accrued penalties shall be rescinded. If penalties or the reconsideration hearing fee set forth in subsection (d)(2), below, have been paid, the Planning Department shall refund in a timely matter any unused portions of the penalties or fee.

If the administrative law judge overturns the notice of violation or penalties, the case shall be abated and all accrued penalties shall be rescinded. If penalties have been paid, the Planning Department shall refund the penalties. If the Responsible Party withdraws its request for reconsideration of notice of violation or penalties prior to the reconsideration hearing and cures the violation(s) by filing for a building permit under subsection (c), any accrued

penalties shall apply in addition to a mandatory ten-day fixed penalty based upon the daily rate outlined in subsection (b) (2)(B). If the request for reconsideration is withdrawn within less than 10 days from the date it was timely made, the Responsible Party may apply to the Director for a reduction in the fixed penalty amount based upon the number of days less than 10 that the reconsideration request was withdrawn. Any such reduction shall be granted or denied at the sole discretion of the Director and is not appealable.

. If the request for reconsideration is withdrawn within less than 10 days from the date it was timely made, the Responsible Party may apply to the Director for a reduction in the fixed penalty amount based upon the number of days less than 10 that the reconsideration request was withdrawn. Any such reduction shall be granted or denied at the sole discretion of the Director and is not appealable.

If the administrative law judge upholds the notice of violation or penalties, the Responsible Party shall cure the violation(s) by filing for a building permit pursuant to the procedures and requirements of subsection (c) within fifteen days of the date the decision is mailed to the Responsible Party. The Responsible Party shall be subject to any accrued penalties, plus a mandatory twenty-day fixed penalty based upon the daily rate outlined in subsection (b)(2)(B). If the reconsideration hearing is held within less than 20 days from the date it was timely requested, the Responsible Party may apply to the Director for a reduction in the fixed penalty amount based upon the number of days less than 20 that the reconsideration hearing was held. Any such reduction shall be granted at the sole discretion of the Director and is not appealable. If the Responsible Party does not file for a building permit within the fifteen-day period, additional penalties shall accrue at the daily rate outlined in subsection (b)(2)(B) and the Director shall refer the case to the City Attorney for further action.

(2) Reconsideration Hearing Fee. At the time the Responsible Party requests reconsideration, the Responsible Party shall pay an initial hearing fee of $3,400.00 to the Planning Department; the Responsible Party shall also be liable for time and materials as set forth in Section 350(c). The Planning Department shall increase this fee on an annual basis at a rate equal to that of the Consumer Price Index (CPI). The fee shall be waived if the Responsible Party would qualify for a waiver of court fees and costs pursuant to California Government Code Section 68511.3, as amended from time to time. Additionally, if the Responsible Party withdraws its request for reconsideration, any portion of the fee not expended to process the hearing shall be refunded.

(3) Postponement. The administrative law judge may grant a postponement of a hearing for Good Cause. Requests for postponement of a hearing shall be made in writing at the earliest date possible, with supporting documentation attached. The party requesting the postponement shall notify any other parties of the request and provide them with copies of the complete request and the supporting documentation.

For the purposes of this Section 610, "Good Cause" includes, but is not limited, to the following:

(A) The illness of a party, an attorney or other authorized representative of a party, or a material witness of a party;

(B) Verified travel outside of San Francisco scheduled before the receipt of notice of the hearing; or,

(C) Any other reason which makes it impractical to appear on the scheduled date due to unforeseen circumstances or verified pre-arranged plans that cannot be changed. Mere inconvenience in appearing shall not constitute "good cause."

(e) Failure of the City, including the Director, the Planning Department, or the administrative law judge, to act within any of the timeframes set forth in this Section 610 shall not be considered approval of any general advertising sign.

(f) Repeat Violations.

(1) The Director of Planning may use the provisions of this subsection (f) to abate and discourage repeated violations of this Section 610.

(2) For the purposes of this subsection (f), a repeat violation shall mean any violation of the general advertising provisions of this Article which (A) occurs on a property that was the subject of a notice of violation under Article 6 during the previous five years and (B) is owned by the same entity which owned the property upon which the general advertising was located at the time of the earlier violation. A repeat violation shall not include one based upon a notice of violation that was overturned by an administrative law judge or rescinded by the Planning Department under subsection (d)(1)(C) of this Section 610. A Responsible Party may seek reconsideration of a notice of violation for a repeat violation under subsection (d) of this Section 610, provided that the request for reconsideration is filed and all general advertising copy is removed prior to the Accrual Date, as defined in subsection (b)(2)(A) of this Section 610.

(3) Penalties for violations under this subsection (f) shall accrue as described in subsection (b)(2) of this Section 610, except that the amount of penalties shall be calculated as follows:

(A) Daily Penalties. Daily penalties shall accrue as described below, until the date that the General Advertising Sign and any associated sign structure are removed from the site, or, if the City accepts a late request for reconsideration from the Responsible Party pursuant to subsection (b)(2)(A) of this Section 610 , until the date that all copy is removed from the General Advertising Sign:

(i) On the Accrual Date, which is the first day on which penalties accrue, the daily penalty shall be the amount specified in subsection (b)(2)(B) of this Section 610 multiplied by 2.

(ii) On the second day on which penalties accrue, the daily penalty shall be the amount specified in subsection (b) (2)(B) of this Section 610 multiplied by 3.

(iii) On the third day on which penalties accrue, the daily penalty shall be the amount specified in subsection (b) (2)(B) of this Section 610 multiplied by 4.

(iv) On the fourth day on which penalties accrue and for each day thereafter for which penalties accrue, the daily penalty shall be the amount specified in subsection (b)(2)(B) of this Section 610 multiplied by 5.

(B) Alternative Penalty. As an alternative to the daily penalties described in subsection (f)(3)(A) of this Section 610 , all Responsible Parties may jointly opt to pay an alternative penalty, which consists of (i) the income earned by the Responsible Parties for the display of the illegal General Advertising Sign, including but not limited to revenue earned by the Sign owner or operator from advertisers or advertisement placement firms and revenue earned by the property owner or lessee from the lease or sublease of the property to the Sign owner or operator; plus (ii) an additional 20% of that total income amount. The income amount shall be calculated beginning on the Accrual Date, as defined in subsection (b)(2)(A) of this Section 610 , until the date that the General Advertising Sign and any associated sign structure are removed from the site, or, if the City accepts a late request for reconsideration from the Responsible Party pursuant to subsection (b)(2) (A) of this Section 610 , until the date that all copy is removed from the General Advertising Sign.

To calculate this alternative penalty, the Planning Department may require that all Responsible Parties provide evidence of their income, such as a lease between the property owner and the Sign operator or Sign owner, and any agreements between the Sign owner or operator and advertisers or advertisement placement firms who have contracted to have their advertisements displayed on the Sign during the relevant time period.

(C) Standard of Review. Pursuant to subsection (d) of this Section 610 , a Responsible Party may request reconsideration of a notice of violation for a repeat violation by an administrative law judge. In any such proceeding, a rebuttable presumption shall exist that the penalty amount is reasonable. In reviewing a penalty imposed pursuant to subsection (f)(3) of this Section 610 , the administrative law judge shall give substantial weight to that presumption, but may consider the nature and egregiousness of the violation, the financial resources of the Responsible Party, the need to deter illegal conduct, and the Responsible Party’s culpability, to determine if the penalty is excessive.

(g) Liens. For any penalties assessed pursuant to this Section 610 , the Director may initiate proceedings to make the payment amount due and all additional authorized costs and charges, including attorneys’ fees, a lien on the property pursuant to Chapter 100 of the Administrative Code. This subsection (g) does not apply to a notice of violation that has been overturned by an administrative law judge or rescinded by the Planning Department under subsection (d)(1)(C) of this Section 610 .

(Added by Ord. 71-01, File No. 001391, App. 5/18/2001; Ord. 52-07, File No. 051844, App. 3/9/2007; Ord. 290-08, File No. 081002, App. 12/5/2008; amended by Ord. 218-16, File No. 160553, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY

Divisions (b), (b)(1)(A), (b)(2), (d)(1), (f)(2), and (f)(3) amended; divisions (f)(3)(A), (f)(3)(A)(i)–(iv), (f)(3)(B), (f)(3) (C), and (g) added; Ord. 218-16, Eff. 12/10/2016.

SEC. 611. GENERAL ADVERTISING SIGNS PROHIBITED.

(a) No new general advertising signs shall be permitted at any location within the City as of March 5, 2002, except as provided in Subsection (b) of this ordinance.

(b) Nothing in this ordinance shall be construed to prohibit the placement of signs on motor vehicles or in the public right-of-way as permitted by local law.

(c) Relocation Agreements.

(1) Nothing in this ordinance shall preclude the Board of Supervisors, upon recommendation from a department designated by the Board, from entering into agreements with general advertising sign companies to provide for the relocation of existing legally permitted general advertising signs. Any such agreements shall provide that the selection of a new location for an existing legally permitted general advertising sign be subject to the conditional use procedures provided for in Article 3 of the Planning Code.

(2) Locations where general advertising signs could have been lawfully erected pursuant to the zoning laws in effect prior to the effective date of this ordinance may be considered as relocation sites. Future zoning laws may additionally restrict the locations available for the relocation of existing legally permitted general advertising signs.

(d) Pursuant to Subsection (c)(1) of this ordinance, the selection of a relocation site for an existing legally permitted general advertising sign shall be governed by the conditional use procedures of Section 303 of the Planning Code.

(e) Nothing in this ordinance shall preclude the Board of Supervisors from otherwise amending Article 6 of the Planning Code.

(f) A prohibition on all new general advertising signs is necessary because:

(1) The increased size and number of general advertising signs in the City can distract motorists and pedestrians traveling on the public right of way creating a public safety hazard.

(2) General advertising signs contribute to blight and visual clutter as well as the commercialization of public spaces within the City.

(3) There is a proliferation of general advertising signs visible from, on, and near historically significant buildings and districts, public buildings and open spaces all over the City.

(4) San Francisco must protect the character and dignity of the City's distinctive appearance, topography, street patterns, open spaces, thoroughfares, skyline and architectural features for both residents and visitors.

(5) There is currently an ample supply of general advertising signs within the City.

(Added by Proposition G, 3/5/2002)

0-0-0-25360

SEC. 701. NEIGHBORHOOD COMMERCIAL DISTRICT PROVISIONS.

This Article is adopted specifically for Neighborhood Commercial Districts (NCDs), as shown on the Zoning Map of the City and County of San Francisco. The provisions set forth or referenced in Article 7 shall apply to any use, property, structure, or development which is located in a Neighborhood Commercial District, unless otherwise provided for within this Code. In the event of conflict between provisions of Article 7 and other provisions of this Code, the provisions of Article 7 shall prevail.

ing Map of the City and County of San Francisco. The provisions set forth or referenced in Article 7 shall apply to any use, property, structure, or development which is located in a Neighborhood Commercial District, unless otherwise provided for within this Code. In the event of conflict between provisions of Article 7 and other provisions of this Code, the provisions of Article 7 shall prevail.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Section amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 701.1. PURPOSE OF ARTICLE 7.

This Article is intended to provide a comprehensive and flexible zoning system for Neighborhood Commercial Districts which is consistent with the objectives and policies set forth in the San Francisco General Plan. More specifically, the purposes of this Article are:

(a) To provide in one article a complete listing of or cross-reference to all of the zoning categories, control provisions, and review procedures which are applicable to properties or uses in Neighborhood Commercial Districts.

(b) To establish a zoning system which will accommodate all classes of Neighborhood Commercial Districts including general districts for citywide area groupings and individual districts which are tailored to the unique characteristics of specific areas.

(c) To provide zoning control categories which embrace the full range of land use issues in all Neighborhood Commercial Districts, in order that controls can be applied individually to each district class to address particular land use concerns in that district.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Undesignated introductory paragraph and division (a) amended; Ord. 129-17, Eff. 7/30/2017.

SEC. 701.2. REPORT TO THE BOARD OF SUPERVISORS.

The Director of City Planning shall prepare a report to the Board of Supervisors on the Neighborhood Commercial Zoning controls enacted by Ordinance No. 69-87 and Ordinance No. 445-87 within twenty-four months from the effective date of Ordinance No. 445-87, and every twenty-four months thereafter. The City Planning Commission shall hold a public hearing on the Neighborhood Commercial Zoning controls to solicit public input on a comprehensive review of said controls prior to forwarding the report, and any recommended amendments, to the Board of Supervisors. (Added by Ord. 445-87, App. 11/12/87)

SEC. 701.3. [REPEALED.]

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 702. CLASSES OF NEIGHBORHOOD COMMERCIAL DISTRICTS.

The following classes of districts are established for Neighborhood Commercial Districts.

(a) Neighborhood Commercial and Neighborhood Commercial Transit Districts. The Neighborhood Commercial and Neighborhood Commercial Transit Districts, listed in Section 201 of this Code, are established for the purpose of implementing the Commerce and Industry element and other elements of the General Plan, according to the objective and policies stated therein. Description and Purpose Statements outline the main functions of each Neighborhood Commercial and Neighborhood Commercial Transit District in the Zoning Plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code.

The description and purpose statements and land use controls applicable to each of the general and individual area districts are set forth in this Code for each district class. The boundaries of the various Neighborhood Commercial and Neighborhood Commercial Transit Districts are shown on the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of that Section.

(1) Neighborhood Commercial Districts. Neighborhood Commercial Districts are low to high density mixed-use neighborhoods of varying scale established around historical neighborhood commercial centers. The Neighborhood Commercial Districts are intended to support neighborhood-serving uses on the lower floors and housing above. These Districts tend to be linear commercial corridors, but may also include small clusters of commercial activity in Residential Districts. Individually named Neighborhood Commercial Districts are intended to provide for more targeted residential and commercial controls to fit the needs of their respective neighborhoods.

(2) Neighborhood Commercial Transit Districts. Neighborhood Commercial Transit Districts are transit-oriented moderate- to high-density mixed-use neighborhoods of varying scale concentrated near transit services. The Neighborhood Commercial Transit Districts are mixed use districts that support neighborhood-serving commercial uses on lower floors and housing above. These districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services. The district’s form can be either linear along transit-priority corridors, concentric around transit stations, or broader areas where transit services criss-cross the neighborhood. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on critical stretches of commercial and transit streets to preserve and enhance the pedestrian-oriented character and transit function.

r prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on critical stretches of commercial and transit streets to preserve and enhance the pedestrian-oriented character and transit function.

(b) Neighborhood Commercial Special Use Districts. Neighborhood Commercial Special Use Districts, as listed in Section 201 of this Code, are established for the purpose of controlling changes in use and new development within sensitive neighborhood areas.

The purposes and provisions set forth in Section 780 of this Code shall apply within these districts. The boundaries of the districts are as shown on the Zoning Map as referred to in Sections 105 and 106 of this Code, subject to the provisions of that Section.

(c) Neighborhood Commercial Restricted Use Subdistricts. Neighborhood Commercial Restricted Use Subdistricts listed in Section 201 of this Code are established for the purpose of controlling the expansion of certain kinds of uses that if uncontrolled may adversely affect the character of certain Neighborhood Commercial Districts.

The purposes and provisions set forth in Sections 781.1 through 781.10, Section 784, and Sections 249.35 through 249.99 of this Code shall apply respectively within these districts. The boundaries of the districts are as shown on the Zoning Map as referred to in Section 105 of this Code, subject to the provisions of that Section.

(d) Other Special Use Districts. Certain special use districts established in Section 201 of this Code are located within certain Neighborhood Commercial District boundaries.

(Added by Ord. 69-87, App. 3/13/87; former Sections 702.1, 702.2, 702.3, and 702.4 merged into Section 702 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Sections 702.1, 702.2, 702.3, and 702.4 merged into Section 702 as divisions (a)-(d) and substantially amended; tables deleted; Ord. 129-17, Eff. 7/30/2017.

Editor’s Note:

Former Sections 702.1 – 702.4 were merged into Section 702 and substantially amended by Ord. 129-17, effective July 30, 2017. See Sections 702.1 – 702.4 for legislative histories of this material prior to Ord. 129-17. SEC. 702.1. [REDESIGNATED.]

(Added by Ord. 69-87, App. 3/13/87; amended by 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. 61-09, File No. 090181, App. 4/17/2009; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; 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. 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. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; redesignated as Section 702(a) and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) SEC. 702.2. [REDESIGNATED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; redesignated as Section 702(b) and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) SEC. 702.3. [REDESIGNATED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; redesignated as Section 702(c) and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 702.4. [REDESIGNATED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; redesignated as Section 702(d) and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.

(a) Zoning Control Tables. Each Zoning District in Article 7 has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district. Zoning Control Tables are explained in Section 202.1 of this Code. Permitted or Conditionally permitted Uses and Uses that are not permitted in the zoning districts described in this Section 703 are detailed in the corresponding Zoning Control Tables.

(b) Uses in Enclosed Buildings. All permitted uses shall be conducted within an enclosed building in Neighborhood Commercial Districts, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: uses which, when located outside of a building, qualify as an Outdoor Activity Area or Open Air Sales, accessory off-street

parking and loading, and other uses listed below which function primarily as open-air uses, or which may be appropriate if located on an open lot, outside a building, or within a partially enclosed building, subject to other limitations of this Article 7 and other sections of this Code.

Wireless Telecommunications Services Facility

Public and Private Parking Lots

Gas Station

Automotive Service Station

Automotive Wash

Automobile Sale or Rental Institutional Uses (selected) Public Facilities (selected) Open Recreation Area Outdoor Recreation Area Neighborhood and Large Scale Urban Agriculture Utility and Infrastructure Uses (selected)

(c) Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 703(d) below as an Accessory Use, then each of these uses will be considered separately as independent Principal, Conditional or temporary uses.

(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Notwithstanding the foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory Use in connection with any Eating and Drinking Use regardless of the floor area occupied by such Accessory Use, so long as (1) the hours of operation for the accessory Retail Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also open for business to the general public on each day during which the accessory Retail Workspace use is open. Any Use that 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. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.

No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following:

(1) The use of more than one-third of the total floor area occupied by such use and the Principal or Conditional use to which it is accessory, except in the case of accessory off-street parking and loading and as specified in subsection (d)(3) below as accessory wholesaling, manufacturing, or processing of foods, goods, or commodities:

(2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in subsection (d)(7) below;

other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in subsection (d)(7) below;

(3) The wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises of an establishment that does not also use or provide for retail sale of such foods, goods, or commodities at the same location where such wholesaling, manufacturing, or processing takes place, except that notwithstanding the floor area limitation in subsection (d)(1), a Catering Use limited to food and beverage Catering shall be permitted as an Accessory Use to Restaurants and Limited Restaurants if the following requirements are met:

(A) The Catering Use does not operate more than 75% of the total time within the Restaurant’s or Limited Restaurant’s Hours of Operation on any given day; and

(B) The Catering Use does not distribute or deliver individual meals to customers directly from the subject lot, either by its own means, or through a third-party delivery service.

(4) Any retail Liquor Store.

• (5) Medical Cannabis Dispensaries.

(6) Any General Entertainment or Nighttime Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq ., or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1(e).

(7) Within the North Beach SUD and NCD, a Limited Restaurant.

(8) A Health Service use as an Accessory Use in the Sacramento Street Neighborhood Commercial District requires a Conditional Use authorization on the ground story and is permitted above the ground story pursuant to Section 724 of this Code.

(9) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3) of this Code.

(10) An Adult Sex Venue as defined in Section 102 of this Code.

(e) Uses Not Permitted.

(1) No use, even though listed as a Permitted Use, shall be permitted in a Neighborhood Commercial District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(2) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202.2(b), with the exception that in the SoMa NCT, these uses are permitted Accessory Uses.

(f) Conflicting Controls. All uses, buildings, and features in Neighborhood Commercial Districts shall comply with all controls set forth for the district in which they are located. Where different controls conflict or overlap within the same District, the use, building, or feature shall abide by the most restrictive of all controls. For example, in an NC-2 District, a Dwelling Unit on the second story is proposed for conversion to a Personal Service use. Residential Conversions at the Second Story in an NC-2 District require Conditional Use authorization under Table 711, while Personal Services at the Second Story in an NC-2 District are permitted as Principal Uses under Table 711. Following the most restrictive control, the applicant must obtain Conditional Use authorization and all other necessary permits in order to legally convert the Dwelling Unit to a Personal Service use.

(Added by Ord. 69-87, App. 3/13/87; former Section 703.2 incorporated and combined section amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025)

AMENDMENT HISTORY

Undesignated paragraph deleted; divisions (a) and (f) added; former Section 703.2 incorporated as divisions (b)-(e) and amended; Ord. 129-17, Eff. 7/30/2017. Division (d) amended; division (d)(9) added; Ord. 229-17, Eff. 1/5/2018. Divisions (a), (d)(1), and (d)(2) amended; division (d)(3) amended and redesignated as divisions (d)(3) and (d)(3)(A); divisions (d) (3)(B)-(d)(3)(B)(ii) added; divisions (d)(7), (d)(9), (e)(2) and (f) amended; Ord. 196-18, Eff. 9/10/2018. Divisions (b) and (d) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (d)(1) and (d)(2) amended; Ord. 205-19, Eff. 10/12/2019. Division (d)(1) amended; Ord. 63-20, Eff. 5/25/2020. Division (d)(1) amended; Ord. 63-20, Eff. 5/25/2020. Division (d) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Divisions (d)(3)(B), (d)(3)(B)(i), and (d)(6) amended; Ord. 111-21, Eff. 9/4/2021. Division (d)(6) amended; division (d)(10) added; Ord. 75-22, Eff. 6/13/2022. Division (d) amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Division (d)(3)(A) deleted; divisions (d)(3) and (d)(3)(B) combined as (d)(3); divisions (d)(3)(B)(i)-(ii) redesignated as (d)(3)(A)-(B); Ord. 217-25, Eff. 12/15/2025.

Editor’s Note:

Former Section 703.2 was merged into Section 703 and substantially amended by Ord. 129-17, effective July 30, 2017. See Section 703.2 for its legislative history prior to Ord. 129-17.

SEC. 703.1. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 321-08, File No. 081100, App. 12/19/2008; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703.2. [REDESIGNATED.]

(See Interpretations related to this Section.)

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 420-97, App. 11/7/97; Ord. 384-98, App. 12/24/98; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 27004, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 8313 , File No. 120901, App. 5/15/2013, Eff. 6/14/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 165-15 , File No. 150465, App. 9/23/2015, Eff. 10/23/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 23-17, File No. 160656, App. 2/10/2017, Eff. 3/12/2017; merged into Section 703 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) SEC. 703.3. [REPEALED.]

(Added by Ord. 62-04, File No. 031501, App. 4/9/2004; amended by Ord. 8-05, File No. 041067, App. 1/8/2005; Ord. 6505, File No. 041071, App. 4/1/2005; Ord. 173-05, File No. 050254, App. 7/29/2005; Ord. 180-06, File No. 060266, App. 7/14/2006; Ord. 245-08, File No. 080696; Ord. 56-11, File No. 110070, App. 3/23/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 106-12 , File No. 120047, App. 6/22/2012, Eff. 7/22/2012; 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. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703.4. CONDITIONAL USE AUTHORIZATION FOR FORMULA RETAIL USES.

(See Interpretations related to this Section.)

(a) This Section 703.4 shall be known as the Small Business Protection Act.

(b) Except for those zoning districts where Formula Retail uses are not permitted as set forth in Section 303.1(f), establishment of a Formula Retail use, as defined in Section 303.1, in any Neighborhood Commercial District, as identified in Article 7, shall require Conditional Use authorization pursuant to the criteria of Sections 303(c) and 303.1 and be subject to the terms of Sections 303.1(g) and (h).

t for those zoning districts where Formula Retail uses are not permitted as set forth in Section 303.1(f), establishment of a Formula Retail use, as defined in Section 303.1, in any Neighborhood Commercial District, as identified in Article 7, shall require Conditional Use authorization pursuant to the criteria of Sections 303(c) and 303.1 and be subject to the terms of Sections 303.1(g) and (h).

(c) Nothing herein shall preclude the Board of Supervisors from adopting more restrictive provisions for Conditional Use authorization of Formula Retail use or prohibiting Formula Retail use in any Neighborhood Commercial District. (Added by Proposition G, 11/7/2006; amended by 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)

AMENDMENT HISTORY

Division (b) amended; Ord. 235-14 , Eff. 12/26/2014. Section amended; Ord. 129-17, Eff. 7/30/2017.

SEC. 703.5. [REPEALED.]

(Added by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 703.9. [REPEALED.]

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; repealed by Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

SEC. 709. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 710. NC-1 – NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT.

NC-1 Districts are intended to serve as local neighborhood shopping districts, providing convenience retail goods and services for the immediately surrounding neighborhoods primarily during daytime hours.

These NC-1 Districts are characterized by their location in residential neighborhoods, often in outlying areas of the City. The commercial intensity of these districts varies. Many of these districts have the lowest intensity of commercial development in the City, generally consisting of small clusters with three or more commercial establishments, commonly grouped around a corner; and in some cases short linear commercial strips with low-scale, interspersed mixed-use (residential-commercial) development.

Building controls for the NC-1 District promote lower-intensity development which is compatible with the existing scale and character of these neighborhood areas. Commercial development is limited to one story, with certain exceptions. Rear yard requirements at all levels preserve existing backyard space.

NC-1 commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services, subject to certain use size.1 However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, financial services, general advertising signs, drive-up facilities, hotels, and late-night activity.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1

ZONING CONTROL TABLE

* Not listed below

(1) Additional 5 feet for NC-1 parcels with a Commercial use on the ground floor within the following areas:

(a) Within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farellones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street.

(b) On Noriega, Irving, Taraval, and Judah Streets west of 19th Avenue.

(2) C for 5,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(3) TARAVAL STREET RESTAURANT SUBDISTRICT. Applicable only for the Taraval Street NC-1 District between 40th and 41st Avenues and between 45th and 47th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Within the Taraval Street Restaurant Subdistrict, Formula Retail Restaurants and Formula Retail Limited Restaurants are NP. Formula Retail Restaurants and Formula Retail Limited Restaurants are NP if located within one quarter of one mile from the Taraval Street Restaurant Subdistrict.

(4) Canopy is P if required as a wind mitigation feature.

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) C in the area comprising all of that portion of the City and County commencing at the point of the intersection of the shoreline of the Pacific Ocean and a straight-line extension of Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension of Sloat Boulevard to the shoreline of the Pacific Ocean and proceeding northerly along said line to the point of commencement.

(7) The controls for Historic Buildings modified by Section 202.11 do not apply in portions of the NC-1 District that are located both in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets and in the Calle 24 Special Use District, for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Cannabis Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

(8) [Note deleted.]

(9) C within that portion of the City and County bounded as follows: commencing at the intersection of Arguello Boulevard and Frederick Street, then proceeding southerly along Arguello Boulevard to Carl Street, then proceeding easterly along Carl Street to Hillway Avenue, then proceeding southerly along Hillway Avenue to Parnassus Avenue, then proceeding easterly along Parnassus Avenue to Clayton Street, then proceeding northerly along Clayton Street to Frederick Street, then proceeding easterly along Frederick Street to Buena Vista Avenue West, then proceeding generally northerly along Buena Vista Avenue West to Haight Street, then proceeding easterly along Haight Street to Baker Street, then proceeding northerly along Baker Street to Oak Street, then proceeding westerly along Oak Street to Stanyan Street, then proceeding southerly along Stanyan Street to Frederick Street, then proceeding westerly along Frederick Street to the point of commencement.

(10) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD). Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(11)2 NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(12) P if accessory to a Hotel, Personal Service or Health Service.

(13)3 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 42-89, App. 2/8/89; Ord. 229-99, File No. 990991, App. 8/20/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 24508, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 5-10, File No. 090319, App. 1/22/2010; Ord. 6611, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20 , File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H , 11/3/2020, Eff. 12/18/2020; Ord. 111-21 , File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21 , File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 710.69C and 710.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 710.10 and 710.17 amended; Specific Provisions: 710.68 added, 710.84 amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 710.43 and 710.44 amended, former categories 710.42, 710.67, and 710.69A deleted; Specific Provisions: 710.40 through 710.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 710.10 amended; Ord. 175-12 , Eff. 9/6/2012. Zoning Control Table: 710.13 and 710.69B amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 710.38 and 710.39 redesignated as 710.36 and 710.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 710.26 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 710.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 710.14, 710.15, 710.16, and 710.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 710.1); Zoning Control Table: 710.54, 710.91, and 710.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 710.91 amended; Specific Provisions: 710.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 710.36 and 710.37 deleted, 710.96 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Specific Provisions: 710.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 710.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 710.33A added; Ord. 166-16,

amended; Specific Provisions: 710.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 710.36 and 710.37 deleted, 710.96 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Specific Provisions: 710.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 710.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 710.33A added; Ord. 166-16,

Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; [former] Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Note (4) deleted; Notes (5) and (6) redesignated as Notes (4) and (5); Note (6) added; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Note (2) amended; Note (7) added; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Note (3) added; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table and Notes (6) and (7) amended; Note (8) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Notes (1)(b), (2), and (3) amended; Note (9) added; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table amended; Note (10) added; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (11)[2] added; Ord. 78-20 , Eff. 6/22/2020. Zoning Control Table amended; Note (11)[2] added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (2) deleted; Proposition H , 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21 , Eff. 9/4/2021. Zoning Control Table and Note (11) amended; Ord. 136-21 , Eff. 9/4/2021. Zoning Control Table amended; Note (12) added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (12) amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (13)3 added; Ord. 190-22 , Eff. 10/17/2022.. Zoning Control Table amended; Note (2) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Note (3) amended; Notes (7) and (8) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (4) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (7) added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 245-25.

2. Note “(11)” is referenced as “(10)” in Ord. 78-20. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 63-20.

3. Note “(13)” is referenced as “(12)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(12)” previously had been added to this section by Ord. 233-21.

SEC. 711. NC-2 – SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT.

The NC-2 District is intended to serve as the City’s Small-Scale Neighborhood Commercial District. These districts are linear shopping streets which provide convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market. The range of comparison goods and services offered is varied and often includes specialty retail stores, restaurants, and neighborhood-serving offices. NC-2 Districts are commonly located along both collector and arterial streets which have transit routes.

These districts range in size from two or three blocks to many blocks, although the commercial development in longer districts may be interspersed with housing or other land uses. Buildings typically range in height from two to four stories with occasional one-story commercial buildings.

The small-scale district controls provide for mixed-use buildings which approximate or slightly exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

Housing development in new buildings is encouraged above the ground floor. Accessory Dwelling Units are permitted.

Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2

ZONING CONTROL TABLE

* Not listed below

(1) Additional 5 feet for NC-2 parcels zoned 40' or 50' with an Active Use on the ground floor within the following areas: Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue.

(2) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(3) The controls for Historic Buildings modified by Section 202.11 do not apply in portions of the NC-1 District that are located both in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets and in the Calle 24 Special Use District, for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Cannabis Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

(4) [Note deleted.]

(5) CHESTNUT STREET FINANCIAL SERVICE SUBDISTRICT: C for properties on Chestnut Street zoned NC-2 from Broderick to Fillmore Streets as mapped on Sectional Map 2 SU.

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): The FFSRUD and its one-quarter mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District; the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District; and the North of Market Residential Special Use District; and includes SmallScale Neighborhood Commercial Districts within its boundaries.

Controls: Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(7) C if a Macro WTS Facility; P if a Micro WTS Facility.

(8) P in the area comprising all of that portion of the City and County commencing at the point of the intersection of the shoreline of the Pacific Ocean and a straight-line extension of Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension of Sloat Boulevard to the shoreline of the Pacific Ocean and proceeding northerly along said line to the point of commencement.

e, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension of Sloat Boulevard to the shoreline of the Pacific Ocean and proceeding northerly along said line to the point of commencement.

(9) C in the area comprising all of that portion of the City and County commencing at the point of the intersection of the shoreline of the Pacific Ocean and a straight-line extension of Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension of Sloat Boulevard to the shoreline of the Pacific Ocean and proceeding northerly along said line to the point of commencement.

(10) [Note deleted.]

(11) [Note deleted.]

(12) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(13) P if accessory to a Hotel, Personal Service or Health Service, except C if accessory to a Hotel, Personal Service or Health Service within the boundaries described in note 9 to this Table.

(14)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 155-88, App. 4/7/88; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 27505, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 75-08, File No. 071531, App. 5/9/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 24508, File No. 080696; Ord. 321-08, File No. 081100, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 92-12 , File No. 111247, App. 5/21/2012, Eff. 6/20/2012; 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. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017,

15; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017,

Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 711.69C and 711.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 711.10 and 711.17 amended; Specific Provisions: 711.65 deleted; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 711.43 and 711.44 amended, former categories 711.42, 711.67, and 711.69A deleted; Specific Provisions: 711.43 and 711.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 711.10 amended; Ord. 92-12 , Eff. 6/20/2012. Zoning Control Table: 711.13, 711.54, and 711.69B amended; Specific Provisions: 711.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 711.38 and 711.39 redesignated as 711.36 and 711.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 711.69B amended; Specific Provisions: 711.68 amended; Ord. 227-14 , Eff. 12/13/2014. Zoning Control Table: 711.26 amended; Specific Provisions: 711.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 711.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 711.14, 711.15, 711.16, 711.17, and 711.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 711.1); Zoning Control Table: 711.54, 711.91, and 711.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 711.69B amended; Ord. 127-15 , Eff. 8/16/2015. Zoning Control Table: former categories 711.36 and 711.37 deleted, 711.96 and 711.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 711.91 amended; Specific Provisions: 711.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 711.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Notes (8) and (9) added; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table and Note (6) amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table and Notes (8) and (9) amended; Notes (10) and (11) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (12) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (11) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (12) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (13) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (13) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (14)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Note (2) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Notes (4) and (5) amended; Note (10) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024.

rd. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (14)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Note (2) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Notes (4) and (5) amended; Note (10) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024.

Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material, Zoning Control Table, and Note (13) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (4) deleted; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Note (3) added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(14)” is referenced as “(13)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(13)” previously had been added to this section by Ord. 233-21. 2. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 712. NC-3 – MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT.

NC-3 Districts are intended in most cases to offer a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood, additionally providing convenience goods and services to the surrounding neighborhoods. NC-3 Districts are linear districts located along heavily trafficked thoroughfares which also serve as major transit routes.

NC-3 Districts include some of the longest linear commercial streets in the City, some of which have continuous retail development for many blocks. Large-scale lots and buildings and wide streets distinguish the districts from smaller-scaled commercial streets, although the districts may include small as well as moderately scaled lots. Buildings typically range in height from two to four stories with occasional taller structures.

NC-3 building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

A diversified commercial environment is encouraged for the NC-3 District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and drinking, entertainment, financial service and certain auto uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3

ZONING CONTROL TABLE

* Not listed below

(1) Additional 5 feet for NC-3 parcels zoned 40' or 50' with an Active Use on the ground floor within the following areas: Geary from Masonic Avenue to 28th Avenue, except for parcels on the north side of Geary Boulevard between Palm Avenue and Parker Avenue, see § 263.20.

(2) THIRD FLOOR RESIDENTIAL CONVERSION:

Boundaries: Applicable to NC-3 Districts.

Controls: A residential use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in Section 317, the Commission finds that:

(a) The structure in which the residential use is to be converted has been found eligible for listing on the National Register of Historic Places;

(b) The proposed use is to be operated by a nonprofit public benefit corporation; and

(c) No legally residing residential tenants will be displaced.

(3) THIRD STREET SPECIAL USE DISTRICT

Boundaries: Applicable only to the portion of the Third Street SUD as shown on Sectional Map 10 SU zoned NC-3.

Controls: Off-sale retail liquor sales are NP; drive-up facilities for Restaurants and Limited-Restaurants are C.

(4) [Note deleted.]

(5) GEARY BOULEVARD FORMULA RETAIL PET SUPPLY STORE AND FORMULA RETAIL EATING AND DRINKING SUBDISTRICT: Applicable only for the portion of the Geary Boulevard NC-3 District between 14th and 28th Avenues as mapped on Sectional Maps 3 SU and 4 SU. Formula Retail pet supply stores and Formula etail[2] Eating and Drinking uses are NP.

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): The FFSRUD and its one-quarter mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District; the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District: the Divisadero Street Neighborhood Commercial District; and the North of Market Residential Special Use District; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer, pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in subsection 249.35(c)(3).

(7) MISSION-HARRINGTON SPECIAL USE DISTRICT

Boundaries: Applicable only to the Mission-Harrington SUD. as shown on Sectional Map SU11.

Controls: Height 56-X; one unit allowed for every 400 square feet of lot area; no parking requirements; no rear setback requirements.

(8) C if a Macro WTS Facility; P if a Micro WTS Facility.

(9) [Note deleted.]

(10) [Note deleted.]

(11) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(12) P if accessory to a Hotel, Personal Service or Health Service.

(13)1 P where existing use is any Automotive Use.

(14) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 349-95, App. 11/3/95; Ord. 299-98, App. 10/9/98; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 261-03, File No. 022932, App. 11/25/2003; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 75-08, File No. 071531, App. 5/9/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 253-08, File No. 080883; Ord. 321-08, File No. 081100, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 170-11 , File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22,

75, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22,

File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 712.69C and 712.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 712.10 and 712.17 amended; Specific Provisions: 712.43 (Mission St.) amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 712.10, 712.41, 712.42, and 712.67 amended; Specific Provisions: 712.43 (Geary Blvd.) amended; Ord. 170-11 , Eff. 9/7/2011. Zoning Control Table: 712.43 and 712.44 amended, former categories 712.42, 712.67, and 712.69A deleted; Specific Provisions: 712.25, 712.40 through 712.44, and 790.34 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 712.10 amended; Ord. 92-12 , Eff. 6/20/12. Zoning Control Table: 712.13, 712.54, and 712.69B amended; Specific Provisions: 712.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 712.38 and 712.39 redesignated as 712.36 and 712.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 712.26 amended; Specific Provisions: 712.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 712.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 712.14, 712.15, 712.16, 712.17, and 712.30 amended; Specific Provisions: 712.30, 712.31, 712.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 712.1); Zoning Control Table: 712.54, 712.91, and 712.92 amended; Ord. 30-15 , Eff. 4/25/2015. Specific Provisions: 712.68 amended; Ord. 127-15 , Eff. 8/16/2015. Introductory material amended; Zoning Control Table: 712.91 amended; Specific Provisions: 712.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 712.36 and 712.37 deleted, 712.96 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Specific Provisions: 712.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 712.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table and Notes (1) and (6) amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Notes (9) and (10) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19; Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (11) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (10) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (11) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (12) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (12) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (13)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (14) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Note (5) amended; Notes (4) and (9) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 47-24 , Eff. 4/15/2024; and Ord. 54-24 , Retro. 3/30/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 113-24 , Eff. 7/14/2024, Retro. 3/30/2024. Zoning Control Table amended; Ord. 17325; Eff. 10/6/2025. Undesignated introductory material, Zoning Control Table, and Note (2) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 113-24 , Eff. 7/14/2024, Retro. 3/30/2024. Zoning Control Table amended; Ord. 17325; Eff. 10/6/2025. Undesignated introductory material, Zoning Control Table, and Note (2) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(13)” is referenced as “(12)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(12)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 249-23.

3. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 713. NC-S – NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT.

NC-S Districts are intended to serve as small shopping centers or supermarket sites which provide retail goods and services for primarily car-oriented shoppers. They commonly contain at least one anchor store or supermarket, and some districts also have small medical office buildings. The range of services offered at their retail outlets usually is intended to serve the immediate and nearby neighborhoods. These districts encompass some of the most recent (post-1945) retail development in San Francisco's neighborhoods and serve as an alternative to the linear shopping street.

Shopping centers and supermarket sites contain mostly one-story buildings which are removed from the street edge and set in a parking lot. Outdoor pedestrian activity consists primarily of trips between the parking lot and the stores on-site. Ground and second stories are devoted to retail sales and some personal services and offices.

The NC-S standards and use provisions allow for medium-size commercial uses. Most neighborhood-serving retail businesses are permitted at the first and second stories.

Housing development in new buildings is permitted. Accessory Dwelling Units are permitted.

Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S

* Not listed below

(1) LAKESHORE PLAZA SPECIAL USE DISTRICT

Boundaries: Applicable only for the Lakeshore Plaza NC-S District as mapped on Sectional Map SU13 and HT13.

Controls: Special controls on various features and uses, and residential standards per Section 780.1, and special Height controls per Section 253.3.

• (2) [Note deleted.]

• (3) [Note deleted.]

• (4) BAYSHORE-HESTER SPECIAL USE DISTRICT

Boundaries: Applicable only for the Bayshore-Hester Special Use District NC-S District as mapped on the Sectional Map 10SU. Controls: Hotels and Motels may be permitted as a Conditional Use.

• (5) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (6) [Note deleted.]

• (7) [Note deleted.]

(8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(9) P if accessory to a Hotel, Personal Service or Health Service.

(10)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 42-89, App. 2/8/89; Ord. 331-97, App. 8/19/97; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 47-12 , File No. 111315, App. 3/16/2012, Eff. 4/15/2012; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657,

, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657,

App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 713.69C and 713.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 713.61 amended; Ord. 47-12 , Eff. 4/15/2012. Zoning Control Table: 713.43 and 713.44 amended, former categories 713.42, 713.67, and 713.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 713.13, 713.54, and 713.69B amended; Specific Provisions: 713.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 713.38 and 713.39 redesignated as 713.36 and 713.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 713.26 amended; Specific Provisions: 713.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 713.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 713.14, 713.15, 713.16, 713.17, and 713.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 713.1); Zoning Control Table: 713.54, 713.91, and 713.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 713.91 amended; Specific Provisions: 713.91 ("Accessory Dwelling Units") added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 713.36 and 713.37 deleted, 713.96 and 713.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Specific Provisions: 713.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 713.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 20218, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Notes (6) and (7) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Introductory material and Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (7) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (6) deleted; Ord. 24923 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025.

te (10)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (6) deleted; Ord. 24923 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025.

Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 311-18.

2. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT.

The Broadway Neighborhood Commercial District, located in the northeast quadrant of San Francisco, extends along Broadway from east of Columbus Avenue to Osgood Place. It is part of a larger commercial area which includes North Beach to the north, Chinatown to the south and west, and Jackson Square to the southeast. Broadway's fame and popularity as a Citywide and regional entertainment district is derived from a concentration of nightclubs, music halls, adult theaters, bars, and restaurants between Grant Avenue and Montgomery Street. These places attract locals and visitors alike, mainly in the evening and late-night hours. In addition to the entertainment and some retail businesses, Broadway contains many upper-story residential hotels. Due to its proximity to downtown, there is strong pressure to develop upperstory offices.

The Broadway District controls are designed to encourage development that is compatible with the existing moderate building scale and mixed-use character, and maintain the district’s balance of entertainment uses, restaurants, and smallscale retail stores. New buildings exceeding 40 feet in height will be carefully reviewed and rear yards at residential levels are protected. Most commercial uses in new buildings are permitted at the first two stories. Neighborhood-serving businesses are strongly encouraged. In order to protect the livability of the area, limitations apply to new formula retail restaurants and adult entertainment uses at the first and second stories, as well as late-night activity. Financial services are allowed on the ground story subject to certain limitations. Nonretail offices are prohibited on the first story and above the second story in order to prevent encroachment of the adjoining downtown office uses. Due to the high traffic volume on Broadway, most automobile and drive-up uses are prohibited in order to prevent further traffic congestion. Parking garages are permitted if their ingress and egress do not disrupt the traffic flow on Broadway.

ons. Nonretail offices are prohibited on the first story and above the second story in order to prevent encroachment of the adjoining downtown office uses. Due to the high traffic volume on Broadway, most automobile and drive-up uses are prohibited in order to prevent further traffic congestion. Parking garages are permitted if their ingress and egress do not disrupt the traffic flow on Broadway.

Housing development in new buildings is encouraged above the second story. Existing housing is protected by limitations on demolitions and upper-story conversions. Accessory dwelling units are permitted within the district pursuant to Section 207.1 of this Code.

Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

* Not listed below

(1) BROADWAY OFF-STREET PARKING RESIDENTIAL

Boundaries: Broadway NCD.

Controls: Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:

(a) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code.

(b) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount;

(c) the building has not had two or more “no-fault” evictions, as defined in 37.9(a)(7)-(12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past ten years;

• (d) the garage would not front on a public right-of-way narrower than 41 feet; and

• (e) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code.

• (2) [Note deleted.]

• (3) [Note deleted.]

• (4) Formula Retail NP for Restaurants and Limited Restaurants

• (5) [Note deleted.]

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Broadway Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (7) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (9) P if accessory to a Hotel, Personal Service or Health Service.

• (10)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 272-93, App. 8/25/93; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 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. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 7820, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 333-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024 ; Ord. 62-24 , File No. 230310, App. 3/28/2024, Eff. 4/28/2024 ; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

ff. 3/23/2024 ; Ord. 62-24 , File No. 230310, App. 3/28/2024, Eff. 4/28/2024 ; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 714.69C and 714.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 714.10, 714.17, and 714.69A amended; Specific Provisions: 714.65 deleted, 714.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 714.40, 714.43 and 714.44 amended, former categories 714.42, 714.67, and 714.69A deleted; Specific Provisions: 714.44 ("Broadway Liquor Licenses") added; Ord. 75-12 , Eff. 5/23/2012. Introductory material amended; Zoning Control Table: 714.13, 714.54, and 714.69B amended; Specific Provisions: 714.54 added, designation of 714.94 corrected; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 714.38 and 714.39 redesignated as 714.36 and 714.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 714.22 amended; Ord. 227-14 , Eff. 12/13/2014. Zoning Control Table: 714.22 and 714.94 amended; Specific Provisions: 714.94 amended; Ord. 232-14 , Eff. 12/26/2014. Zoning Control Table: 714.26, 714.49, and 714.50 amended; Specific Provisions: 714.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 714.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 714.14, 714.15, 714.16, and 714.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 714.1); Zoning Control Table: 714.54, 714.91, and 714.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 714.91 amended; Specific Provisions: 714.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 714.36 and 714.37 deleted, 714.96 and 714.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 714.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 714.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control

tory material amended; Zoning Control Table: 714.91 amended; Specific Provisions: 714.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 714.36 and 714.37 deleted, 714.96 and 714.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 714.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 714.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control

Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Table Note (5) amended; Ord. 47-18, Eff. 4/16/2018. Zoning Control Table and Note (5) amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 30318, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (5) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (1), (6), and (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Note (4) amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 233-21 and Ord. 37-22.

2. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

(a) The Castro Street District. The Castro Street District is situated in Eureka Valley, close to the geographic center of San Francisco between the Mission District, Twin Peaks, and Upper Market Street. The physical form of the district is a crossing at Castro and 18th Streets, the arms of which contain many small, but intensely active commercial businesses. The multi-purpose commercial district provides both convenience goods to its immediate neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area. Commercial businesses are active both in the daytime and late into the evening and include a number of gay-oriented bars and restaurants, as well as several specialty clothing and gift stores. The district also supports a number of offices in converted residential buildings.

(b) Intent of Controls. The Castro Street District controls are designed to accommodate various scales of development and promote a balanced mix of uses. Building standards permit small- and mid-scale buildings and uses and protect rear yards above the ground story and at residential levels. In new buildings, most commercial uses are permitted at the ground and second stories. Special controls are necessary to preserve the existing equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent residential livability, controls authorize some additional drinking establishments with a conditional use, permit self-service specialty food establishments, and permit with certain limitations new late-night uses, adult and other entertainment, and financial service uses. The continuous retail frontage is maintained by prohibiting most automobile and drive-up uses. Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) USE SIZE EXEMPTION

Per Planning Code Section 121.2(d), Use Size shall generally not exceed 4,000 square feet except that a Child Care Facility, School, PostSecondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility, Community Facility, or a Residential Care Facility as defined in Section 102 that is operated by a non-profit and is neighborhood-serving may exceed 4,000 square feet by Conditional Use authorization. The non-residential use size limitation shall not apply to Article 10 Landmark buildings located in the Castro NCD.

(2) (2)4 For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

• (3) [Note deleted.]

• (4) [Note deleted.]

(5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Broadway Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (7)2 NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (8) P if accessory to a Hotel, Personal Service or Health Service.

• (9)3 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 132-94, App. 4/1/94; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 198-00, File No. 992321, Appl. 8/18/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 101-05, File No. 041741, App. 6/2/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 229-10, File No. 100434, App. 9/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 226-12 , File No. 120774, App. 10/29/2012, Eff. 11/28/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 154-13 , File No. 130263, App. 7/25/2013, Eff. 8/24/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 49-14, File No. 131063, App. 4/17/2014, Eff. 5/17/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 76-15 , File No. 150017, App. 6/12/2015, Eff. 7/12/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 10-22, File No. 211093, App. 2/4/2022, Eff. 3/7/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 225-23, File No. 220709, App. 11/9/2023, Eff. 12/10/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 715.69C and 715.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 715.10 and 715.17 amended; Specific Provisions: 715.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 715.43 and 715.44 amended, former categories 715.42, 715.67, and 715.69A deleted; Specific Provisions: 715.44 added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 715.10 amended; Ord. 226-12 , Eff. 11/28/2012. Zoning Control Table: 715.13, 715.21, 715.54, and 715.69B amended; Specific Provisions: 715.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: 715.21 amended; Specific Provisions: 715.21 added; Ord. 154-13 , Eff. 8/24/2013. Zoning Control Table: former categories 715.38 and 715.39 redesignated as 715.36 and 715.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Formerly undesignated introductory material designated as divisions (a) and (b); division (c) added; Zoning Control Table: categories 715.91, 715.93, and 715.94 amended; Specific Provisions: 715.54 amended, 715 ("In-Law Units") added; Ord. 49-14, Eff. 5/17/2014. Zoning Control Table: 715.26 amended; Specific Provisions: 715.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 715.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 715.14, 715.15, 715.16, and 715.17 amended; Specific Provisions: former 715.31 and 715.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 715.1); division (b) amended and former division (c) deleted; Zoning Control Table: 715.12,

visions: 715.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 715.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 715.14, 715.15, 715.16, and 715.17 amended; Specific Provisions: former 715.31 and 715.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 715.1); division (b) amended and former division (c) deleted; Zoning Control Table: 715.12,

715.54, 715.91, and 715.92 amended; Specific Provisions: 715, 715.12, 715.91, 715.93, 715.94 ("Accessory Dwelling Units") amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 715.53 amended; Ord. 76-15 , Eff. 7/12/2015. Specific Provisions: 715, 715.12, 715.91, 715.93, 715.94 ("Accessory Dwelling Units") amended; Ord. 161-15, Eff. 10/18/2015. Zoning Control Table: former categories 715.36 and 715.37 deleted, 715.96 and 715.97 added; Ord. 33-16, Eff. 4/10/2016. Specific Provisions: 715.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 715.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (5) amended; Ord.

63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7)[2] added; Ord. 78-20 , Eff. 6/22/2020. Zoning Control Table amended; Note (4) deleted; Proposition H , 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21 , Eff. 9/4/2021. Zoning Control Table and Notes (5) and (7) amended; Ord. 136-21 , Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21 , Eff. 1/22/2022. Division (b) and Zoning Control Table amended; Ord. 10-22 , Eff. 3/7/2022. Zoning Control Table and Note (8) amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord.

75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (9)[3] added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table and Note (1) amended; Ord. 225-23 , Eff. 12/10/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table and Note (1) amended; Ord. 173-25, Eff. 10/6/2025. Division (b) and Zoning Control Table amended; Note (2) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table and Note (1) amended; Ord. 173-25, Eff. 10/6/2025. Division (b) and Zoning Control Table amended; Note (2) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 233-21 and Ord. 37-22.

2. Note “(7)” is referenced as “(6)” in Ord. 78-20. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 129-17.

3. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

4. So in Ord. 245-25.

SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Clement Street Neighborhood Commercial District is located on Clement Street between Arguello Boulevard and Funston Avenue in the eastern portion of the Richmond District of northwest San Francisco. The District provides a wide selection of convenience goods and services for the residents of the Inner Richmond neighborhood. Inner Clement Street has one of the greatest concentrations of restaurants of any commercial street in San Francisco, drawing customers from throughout the City and region. There are also a significant number of professional, realty, and business offices as well as financial institutions. The pleasant pedestrian character of the district is derived directly from the intensely active retail frontage on Clement Street.

The District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that supports the District’s vitality. The building standards allow small- to mid-scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and

protect adjacent residential livability. These controls limit additional financial service uses, additional eating and drinking establishments, and late-night commercial uses. In order to maintain the street’s active retail frontage, controls also prohibit most new automobile and drive-up uses.

Housing development is encouraged in new buildings above the ground story. Accessory Dwelling Units are permitted.

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.]

(3) INNER CLEMENT STREET LIQUOR LICENSES FOR BARS

(a) In order to allow wine and/or beer bars to seek an ABC license type 42 so that wine and beer (but not hard spirits) may be served for drinking on the premises, a Bar as defined in Section 102 may be permitted as a Conditional Use on the ground level if, in addition to the criteria set forth in Section 303, the Planning Commission finds that:

(1) The Bar function is operated as a wine and beer bar with an ABC license type 42, which may include incidental food services; and

(2) The establishment maintains only an ABC license type 42. Other ABC license types, except those that are included within the definition of a Restaurant pursuant to Section 102, are not permitted for those uses subject to this Section.

(b) Subsequent to the granting of a Conditional Use authorization under this Section, the Planning Commission may consider immediate revocation of the previous Conditional Use authorization should an establishment no longer comply with any of the above criteria for any length of time.

• (4) [Note deleted.]

(5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Inner Clement Street Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (8) P if accessory to a Hotel, Personal Service or Health Service.

• (9)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 250-07, File No. 070738, App. 11/7/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 170-11 , File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; 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. 23514 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 6320, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 716.69C and 716.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 716.10 and 716.17 amended; Specific Provisions: 716.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 716.43, 716.44, 716.67 and 716.69A amended; Specific Provisions: 716.41 (full-service restaurants) and 716.41 (eating and drinking uses) amended; Ord. 170-11 , Eff. 9/7/2011. Zoning Control Table: 716.43 and 716.44 amended, former categories 716.42, 716.67, and 716.69A deleted; Specific Provisions: 716.41 through 716.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 716.10 amended; Ord. 92-12 , Eff. 6/20/12. Zoning Control Table: 716.13, 716.54, and 716.69B amended; Specific Provisions: 716.41 amended, 716.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 716.38 and 716.39 redesignated as 716.36 and 716.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 716.26 and 716.50 amended; Specific Provisions: 716.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 716.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 716.14, 716.15, 716.16, and 716.17 amended; Ord. 2015 , Eff. 3/22/2015. Section redesignated (formerly Sec. 716.1); Zoning Control Table: 716.54, 716.91, and 716.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 716.36 and 716.37 deleted, 716.96 and 716.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 716.91 amended; Specific Provisions: 716.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 716.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note * added; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control

Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff.

1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (5) and (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 6224 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 233-21 and Ord. 37-22.

2. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Outer Clement Street Neighborhood Commercial District is located on Clement Street between 19th Avenue and 27th Avenue in the western portion of the Richmond District. The shopping area contains small-scale convenience businesses, as well as many restaurants and a movie theater. The District’s restaurants serve a neighborhood and Citywide clientele during the evening hours, while convenience shopping uses cater for the most part to daytime neighborhood shoppers. Outer Clement Street contains many mixed-use buildings with some fully commercial and fully residential buildings interspersed between them.

onvenience businesses, as well as many restaurants and a movie theater. The District’s restaurants serve a neighborhood and Citywide clientele during the evening hours, while convenience shopping uses cater for the most part to daytime neighborhood shoppers. Outer Clement Street contains many mixed-use buildings with some fully commercial and fully residential buildings interspersed between them.

The Outer Clement Street District controls are designed to promote development that is in keeping with the District’s existing small-scale, mixed-use character. The building standards guide large-scale development and protect rear yards at all levels. Future commercial growth is directed to the ground story in order to promote more continuous and active retail frontage. Additional eating and drinking establishments are regulated to prevent over-concentration, while ground-story entertainment and financial service uses are monitored in order to limit the problems of traffic, congestion, noise and latenight activity associated with such uses and to protect existing neighborhood-serving businesses. Other controls restricting late-night activity, hotels, automobile uses, and drive-up facilities are designed to preserve the low-intensity character of the district.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT

• Not listed below

(1) [Note deleted.]

(2) [Note deleted.]

(3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Outer Clement Street Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(4) Outdoor Activity Areas are permitted as a Principally Permitted Use if they existed prior to 1985.

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 170-11 , File No. 110592, App. 8/8/2011, Eff. 9/7/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 18219, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 7820, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024,

Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26 , File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 717.69C and 717.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 717.10 and 717.17 amended; Specific Provisions: 717.68 added; Ord. 140-11, Eff. 8/4/2011. Introductory material amended; Zoning Control Table: 717.41, 717.42, 717.43, 717.44, 717.67, and 717.69A amended; Specific Provisions: 717.41 added; Ord. 170-11 , Eff. 9/7/2011. Zoning Control Table: 717.43 and 717.44 amended, former categories 717.42, 717.67, and 717.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 717.10 amended; Ord. 92-12 , Eff. 6/20/12. Zoning Control Table: 717.13 and 717.69B amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 717.38 and 717.39 redesignated as 717.36 and 717.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 717.26, 717.49 and 717.50 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 717.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 717.14, 717.15, 717.16, and 717.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 717.1); Zoning Control Table: 717.54, 717.91, and 717.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 717.36 and 717.37 deleted, 717.96 and 717.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 717.91 amended; Specific Provisions: 717.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 717.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 717.33A added; Ord. 166-16, Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table and Note (4) amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (3) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (3) and (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023.. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

rd. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Upper Fillmore Street Neighborhood Commercial District is situated in the south-central portion of Pacific Heights. It runs north-south along Fillmore Street from Jackson to Bush and extends west one block along California and Pine Streets. This medium-scaled, multi-purpose commercial district provides convenience goods to its immediate

neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area. Commercial

businesses are active during both day and evening and include a number of bars, restaurants, specialty groceries, and specialty clothing stores.

The Upper Fillmore District controls are designed to reflect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. Building standards regulate large lot and use development and protect rear yards above the ground story and at residential levels. Most commercial uses are permitted at the first two stories of new buildings. Special controls are designed to preserve an equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, additional bars (unless part of a restaurant) and formula retail establishments are prohibited, and financial service uses are limited. In order to promote continuous retail frontage, drive-up and most automobile uses are prohibited.

Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT

• Not listed below

(1) A General Office use that provides executive, management, administrative, and clerical services and support related to philanthropic activities that serve non-profit institutions and organizations, including activities that may include funding and support of educational, medical, environmental, cultural, and social services institutions and organizations, is a Permitted Use. Such Uses (a) may not be located on the First Story of buildings where the most recent prior Use was any Use other than Residential or Office and (b) may be located in a single undivided space not physically separated from a Residential Use. Any Residential Conversion above the First Story, associated with, or following commencement of such Use, shall be considered a Conditional Use requiring approval pursuant to Section 317.

ed on the First Story of buildings where the most recent prior Use was any Use other than Residential or Office and (b) may be located in a single undivided space not physically separated from a Residential Use. Any Residential Conversion above the First Story, associated with, or following commencement of such Use, shall be considered a Conditional Use requiring approval pursuant to Section 317.

(2)(2)2 For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

(3) A new bar will be allowed with a Conditional Use authorization from the Planning Commission only in conjunction with a Restaurant use.

(4)3 A Movie Theater may serve beer and/or wine for on-site consumption to both ticketed and non-ticketed guests as a minor and incidental use so long as it operates as a Bona Fide Eating Place as defined in Section 102 of this Code. A Movie Theater that complies with these conditions is not subject to the non-residential use size limits in this Zoning Control Table or in Section 121.2 of this Code.

(5) Formula Retail NP for Restaurants and Limited Restaurants

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 161-09, File No. 090367, App. 7/15/2009; Ord. 56-11, File No. 110070, App. 3/23/2011; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 1415 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 29-26, File No. 251103, App. 2/27/2026, Eff. 3/30/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 29-26, File No. 251103, App. 2/27/2026, Eff. 3/30/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 718.69C and 718.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 718.10 and 718.17 amended; Specific Provisions: 718.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 718.43 and 718.44 amended, former categories 718.42, 718.67, and 718.69A deleted; Specific Provisions: 718.43, 718.44 (Upper Fillmore NCD) added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 718.13, 718.54, and 718.69B amended; Specific Provisions: 718.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 718.38 and 718.39 redesignated as 718.36 and 718.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 718.26, 718.49 and 718.50 amended; Specific Provisions: 718.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 718.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 718.14, 718.15, 718.16, and 718.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 718.1); Zoning Control Table: 718.54, 718.91, and 718.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 718.36 and 718.37 deleted, 718.96 and 718.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 718.91 amended; Specific Provisions: 718.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 718.33A added; Ord. 166-16 , Eff. 9/10/2016. New

ol Table: 718.54, 718.91, and 718.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 718.36 and 718.37 deleted, 718.96 and 718.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 718.91 amended; Specific Provisions: 718.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 718.33A added; Ord. 166-16 , Eff. 9/10/2016. New

Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Second undesignated introductory paragraph and Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Note (1) added; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 19022 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023.. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Note (5) amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Note (4)3 added; Ord. 29-26 , Eff. 3/30/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

3. Note “(4)” is referenced as “(2)” in Ord. 29-26. The note was redesignated by the codifier because a note designated as “(2)” previously had been added to this section by Ord. 245-25.

SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

Northwest of the City’s geographical center, the Haight Street Neighborhood Commercial District is located in the Haight-Ashbury neighborhood, extending along Haight Street between Stanyan and Central Avenue, including a portion of Stanyan Street between Haight and Beulah. The shopping area provides convenience goods and services to local HaightAshbury residents, as well as comparison shopping goods and services to a larger market area. The commercial district is also frequented by users of Golden Gate Park on weekends and by City residents for its eating, drinking, and entertainment places. Numerous housing units establish the District’s mixed residential-commercial character.

The Haight Street District controls are designed to reflect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. The building standards regulate large-lot and use development and protect rear yards above the ground story and at residential levels. To promote the prevailing mixed-use character, most commercial uses are directed primarily to the ground story with some upper-story restrictions in new buildings. In order to maintain the balanced mix and variety of neighborhood-serving commercial uses and regulate the more intensive commercial uses which can generate congestion and nuisance problems, special controls limit additional drinking uses and tourist hotels. Prohibitions of most automobile and drive-up uses protect the District’s continuous retail frontage. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

* Not listed below

(1) (1)3 For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

(2) [Note deleted.]

(3) HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT: Retail establishments selling off-sale or on-sale alcoholic beverages are permitted as a Conditional Use pursuant to Section 781.9.

• (4) [Note deleted.]

(5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Haight Street Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(6) TOBACCO PARAPHERNALIA ESTABLISHMENTS – A special definition of “Tobacco Paraphernalia Establishments” applicable to the Haight Street Neighborhood Commercial District is set forth in Section 102. In the Haight Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months.

• (7) C if a Macro WTS Facility; P if a Micro WTS Facility.

(8) Within the Haight Street Neighborhood Commercial District, a General Entertainment use comprised of mechanical amusement game devices is principally permitted on the first story.

(9) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(10) P if accessory to a Hotel, Personal Service or Health Service.

(11)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 88-08, File No. 071669, App. 5/21/2008; Ord. 412-88, App. 9/10/88; Ord. 229, File No. 990991, App. 8/20/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 88-08, File No. 071669, App.

-87, App. 11/12/87; Ord. 88-08, File No. 071669, App. 5/21/2008; Ord. 412-88, App. 9/10/88; Ord. 229, File No. 990991, App. 8/20/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 88-08, File No. 071669, App.

5/21/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 223-14 , File No. 140804, App. 11/7/2014, Eff. 12/7/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 142-23, File No. 230410, App. 7/26/2023, Eff. 8/26/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 719.69C and 719.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 719.10, 719.17, 719.69, and 719.69A amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 719.41, 719.43, and 719.44 amended, former categories 719.42, 719.67, and 719.69A deleted; Specific Provisions: 719.42 and 719.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 719.13, 719.54, and 719.69B amended; Specific Provisions: 719.54 added; Ord. 5613 , Eff. 4/27/2013. Zoning Control Table: former categories 719.38 and 719.39 redesignated as 719.36 and 719.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 719.69B amended; Specific Provisions: 719.48 added; Ord. 223-14 , Eff. 12/7/2014. Zoning Control Table: 719.26 amended; Specific Provisions: 719.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 719.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 719.14, 719.15, 719.16, and 719.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 719.1); Zoning Control Table: 719.54, 719.91, and 719.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 719.36 and 719.37 deleted, 719.96 and 719.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 719.91 amended; Specific Provisions: 719.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 719.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Note (8) replaced; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff.

7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Note (8) replaced; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff.

5/25/2020. Zoning Control Table amended; Note (9) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (5) and (9) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Note (6) amended; Ord. 142-23 , Eff. 8/26/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph, Zoning Control Table, and Note (3) amended; Note (4) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (1) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 233-21 and Ord. 37-22.

2. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT.

The Excelsior Outer Mission Street Neighborhood Commercial District is located along Mission Street between Alemany Boulevard and the San Francisco-San Mateo county line. Outer Mission Street is mixed use, combining streetfronting retail businesses on the ground floor and housing on upper floors. The range of comparison goods and services offered is varied and often includes specialty retail stores, restaurants, and neighborhood-serving offices. The area is transit-oriented and the commercial uses serve residents of the area as well as residents and visitors from adjacent and other neighborhoods.

, combining streetfronting retail businesses on the ground floor and housing on upper floors. The range of comparison goods and services offered is varied and often includes specialty retail stores, restaurants, and neighborhood-serving offices. The area is transit-oriented and the commercial uses serve residents of the area as well as residents and visitors from adjacent and other neighborhoods.

The Excelsior Outer Mission Street Neighborhood Commercial District is intended to provide convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market. Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Parking for residential and commercial uses is not required. Buildings range in height, with height limits generally allowing up to four stories. Lots vary in size, generally small- or medium-sized with some very large parcels.

Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

* Not listed below

Note deleted.

(1) OFF-SALE LIQUOR ESTABLISHMENTS

Controls:

(a) New Liquor Store uses with Type 20 or Type 21 ABC licenses are not permitted in the district; provided, however, that any use within the District with an existing Type 20 or Type 21 ABC license may obtain a new license, if required by the ABC, after it has been closed temporarily for repair, renovation, remodeling, or reconstruction.

(b) Liquor Store uses may relocate within the district with Conditional Use authorization.

(c) General Grocery, Specialty Grocery, and Liquor Store uses with off-sale alcohol licenses shall observe the following good neighbor policies:

(i) Liquor establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences;

(ii) Advertisements in windows and clear doors are not permitted, and no more than 25% of the square footage of the windows and clear doors of liquor establishments shall bear signage of any sort, and all signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Excelsior Outer Mission Street Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (3) C if a Macro WTS Facility; P if a Micro WTS Facility.

(4) C for Personal Service Uses operating as a salon and/or providing cosmetic services.

(5) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(6) P if accessory to a Hotel, Personal Service or Health Service.

(7)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-

11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-

09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 20218, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 720.69C and 720.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 720.17 and 720.39a amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 720.43 and 720.44 amended, former categories 720.42, 720.67, and 720.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 720.13, 720.13a, 720.13b, 720.13c, 720.54, and 720.69B amended; Specific Provisions: 720.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 720.38, 720.39, and 720.39a redesignated as 720.36, 720.37, and 720.38 and amended; Ord. 28713 , Eff. 1/25/2014. Zoning Control Table: 720.26 amended; Specific Provisions: 720.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 720.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 720.14, 720.15, 720.16, and 720.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 720.1); Zoning Control Table: 720.54, 720.91, and 720.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 720.36, 720.37, and 720.38 deleted, 720.96, 720.97, and 720.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 720.91 amended; Specific Provisions: 720.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 720.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Note (1) deleted; Notes (2)-(4) redesignated as Notes (1)-(3); Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Note (4) added; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (5) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (2) and (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (6) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (6) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (7)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23 , Eff.

1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 63-20.

2. Note “(7)” is referenced as “(6)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 233-21.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT.

The Japantown Neighborhood Commercial District extends between Geary Boulevard and Post Street from Fillmore Street to Laguna Street, the north side of Post Street from Webster Street to Laguna Street, and Buchanan Street from Post Street to midway between Sutter Street and Bush Street. The character of these streets is largely commercial, including large malls, although there are some residential units above the ground story. Buildings are typically two- to four-stories, although there are two taller hotels. Geary Boulevard, Fillmore Street, and Sutter Street are important public transit corridors. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as shopping, cultural, and entertainment uses that attract visitors from near and far.

The Japantown Neighborhood Commercial District controls are designed to encourage and promote development that enhances the walkable, commercial character of this area and to support its local and regional role. New commercial development is required on the ground floor and permitted above. Most neighborhood- and visitor-serving businesses are strongly encouraged, including eating, drinking, and retail uses, as long as they do not create a nuisance. Less active commercial uses are encouraged above the ground floor, along with housing and institutional uses.

Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) The controls for the 1st story shall apply to all development on Blocks 0700 and 0701.

(2) No noise or music associated with these uses shall exceed the low frequency ambient noise level defined in Section 2901(f) of the Police Code by more than 8 dBA.

(3) Only two Financial Services uses permitted on the ground floor within the District. Above the ground floor, new Financial Services uses are not permitted south of Post Street.

(4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(6) P if accessory to a Hotel, Personal Service or Health Service.

(7)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 101-05, File No. 041741, App. 6/2/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 83-13 , File No. 120901, App. 5/15/2013, Eff. 6/14/2013; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25,

File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 721.69C and 721.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 721.10 and 721.17 amended; Specific Provisions: 721.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 721.43 and 721.44 amended, former categories 721.42, 721.67, and 721.69A deleted; Specific Provisions: 721.44 added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 721.13, 721.13a, 721.13b, 721.13c, 721.54, and 721.69B amended; Specific Provisions: 721.44 amended, 721.54 added; Ord. 56-13 , Eff. 4/27/2013. Introductory material amended; Ord. 83-13 , Eff. 6/14/2013. Zoning Control Table: former categories 721.38, 721.39, and 721.39a redesignated as 721.36, 721.37, and 721.38 and amended; new category 721.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 721.26 and 721.49 amended; Specific Provisions: 721.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 721.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 721.14, 721.15, 721.16, and 721.17 amended; Specific Provisions: former 721.31 and 721.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 721.1); Zoning Control Table: 721.54, 721.91, and 721.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 721.91 amended; Specific Provisions: 721.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 721.36, 721.37, 721.38, and 721.39 deleted, 721.96, 721.97, and 721.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Specific Provisions: 721.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 721.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17 , Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17 , Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 11619, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 20519, Eff. 10/12/2019. Zoning Control Table amended; Note (5) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (6) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (6) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (7)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

rd. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(7)” is referenced as “(6)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT.

The North Beach Neighborhood Commercial District is a nonlinear district centered on Columbus Avenue, located in the valley between Telegraph Hill and Russian Hill north of Broadway. North Beach functions as a neighborhood-serving marketplace, Citywide specialty shopping, and dining district, and a tourist attraction, as well as an apartment and residential hotel zone. Traditionally, the District has provided most convenience goods and services for residents of North Beach and portions of Telegraph and Russian Hills. North Beach’s eating, drinking, and entertainment establishments

remain open into the evening to serve a much wider trade area and attract many tourists. The balance between neighborhood-serving convenience stores and Citywide specialty businesses has shifted, as convenience stores have been replaced by restaurants and bars. The proliferation of financial services, limited financial services, and professional services has also upset the District’s balance of uses. The relocation of business and professional offices from downtown to North Beach threatens the loss of upper-story residential units.

nce stores and Citywide specialty businesses has shifted, as convenience stores have been replaced by restaurants and bars. The proliferation of financial services, limited financial services, and professional services has also upset the District’s balance of uses. The relocation of business and professional offices from downtown to North Beach threatens the loss of upper-story residential units.

The North Beach District controls are designed to ensure the livability and attractiveness of North Beach. The protection and enhancement of the unique architectural, cultural, and historic character of North Beach shall be prioritized. Building standards limit new development to a small to moderate scale. Rear yards are protected above the ground story and at residential levels. Active commercial uses shall be required at the ground floor. Special controls limit Health Services to small neighborhood-serving medical and dental services, while large-scale medical facilities are prohibited. Small-scale, neighborhood-serving businesses are strongly encouraged and formula retail uses are prohibited. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts is restricted, and Use Sizes are controlled to encourage traditional small-scale commercial spaces. Special controls are necessary because an over-concentration of food and beverage service establishments limits neighborhoodserving retail sales and personal services in an area that needs them to thrive as a neighborhood. To honor the importance of Legacy Businesses in the success of the neighborhood, special controls are in place to prevent the replacement of an active Legacy Business with a non-Legacy Business. In order to maintain neighborhood-serving retail sales and personal services and to protect residential livability, additional Restaurants and Bars are prohibited in spaces that have been occupied by neighborhood-serving retail sales and personal services. Financial services, limited financial services, and ground-story business and professional office uses are prohibited from locating in the portion of the district south of Greenwich Street, while new financial services locating in the portion of the district north of Greenwich Street are limited. Restrictions on automobile and drive-up uses are intended to promote continuous retail frontage and maintain residential livability.

In keeping with the District’s existing mixed-use character, housing development in new buildings is encouraged above the ground floor. Existing residential units are protected by limitations of upper-story conversions, mergers, removals, and demolitions. Accessory Dwelling Units are permitted within the existing building envelope, but may not eliminate or reduce ground-story retail or commercial space.

ing with the District’s existing mixed-use character, housing development in new buildings is encouraged above the ground floor. Existing residential units are protected by limitations of upper-story conversions, mergers, removals, and demolitions. Accessory Dwelling Units are permitted within the existing building envelope, but may not eliminate or reduce ground-story retail or commercial space.

• Not listed below

(1) NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t)) Boundaries: North Beach NCD, North-Beach Telegraph Hill SUD Controls:

(a) Installing a garage in an existing or proposed residential building of two or more units requires a mandatory Discretionary Review by the Planning Commission. In order to approve the installation of any garage in these districts, the City shall find that:

(i) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction of ground-story retail or commercial space;

(ii) the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit;

(iii) the building has not had two or more evictions, with each eviction associated with a separate unit(s) within the past 10 years,

(iv) the garage would not front on an Alley pursuant to Section 155(r)(1) of this Code or on a public right-of-way narrower than 41 feet, and

(v) the proposed garage/addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code.

(b) Prior to issuance of any required notification under Section 311 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (i) (ii) and (iii) 2 above, which the Department shall independently verify, and the Department shall determine whether the project complies with (iv) and (v) above. If the project sponsor does not provide such affidavit or the Department determines

that the garage would violate subsection (iv) above, the Department shall disapprove the application and no Planning Commission hearing shall be required.

• (2) NORTH BEACH WALK UP FACILITIES: Walk-up facilities are P in the District, except automated bank teller machines (ATMs), which are NP.

• (3) C in Historic Buildings pursuant to Section 202.11.

• (4) [Note deleted.]

(5) Restaurants and Bars may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1(d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use:

• (A) A Bar may occupy a space that is currently or last legally occupied by a Bar;

• (B) A Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar;

• (C) Except as provided herein, no other use shall be allowed to convert to a Restaurant or Bar.

• (6) [Note deleted.]

(7) NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6)

Boundaries: Applicable only for portions of the North Beach NCD south of Greenwich Street as mapped on Sectional Map SU01. Controls: Financial Services and Limited Financial Services are NP at all stories; Retail Professional Services, Design Professional, and Trade Offices are NP at the First story.

(8) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) SECTION 249.35

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the North Beach Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (9) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (10) [Note deleted.]

• (11) GROUND FLOOR COMMERCIAL USES REQUIRED

Boundaries: North Beach NCD

Controls: Unless otherwise prohibited or limited by Section 722, or any other section of this Code, to promote active, pedestrian-oriented streetscape, Active Commercial uses shall be required at the Ground Floor pursuant to Section 145.4. Per Section 145.4(c)(1), “active commercial uses” shall not include Automotive Uses except for Automobile Sale or Rental uses where curb-cuts, garage doors, or loading access are not utilized or proposed and such sales or rental activity is entirely within an enclosed building and does not encroach on surrounding sidewalks or open spaces.

(12) Temporary closures of existing liquor stores located in the North Beach Neighborhood Commercial District, for reconstruction or repair after a fire, shall not be considered an abandonment of such use pursuant to Section 178 of this Code, for up to six years from the date of the fire, unless the original liquor store elects to relocate somewhere else permanently. Temporary relocation of liquor stores in the North Beach Neighborhood Commercial District that have been closed as a result of a fire to another location in the North Beach Neighborhood Commercial District shall not require a new Conditional Use Permit for the duration of up to six years of interim relocation, from the date of the fire.

(13) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (14) P if accessory to a Hotel, Personal Service or Health Service.

• (15)3 P where existing use is any Automotive Use.

(16) C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(17) Architectural and Cultural Heritage of North Beach. Section 101.1 of the Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of Historic Buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review any proposed alterations to Historic Buildings, as defined in section 102, and must determine that such alterations comply with the Secretary of Interior’s Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings.

(18) Legacy Business: Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

ntial use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/23/87; Ord. 412-88, App. 9/10/88; Ord. 272-93, App. 8/25/93; Ord. 312-99, File No. 991586, App. 12/3/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 87-08, File No. 071674, App. 5/13/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 7710, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 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. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 263-18, File No. 180861, App. 11/2/2018, Eff. 12/3/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 117-20, File No. 200114, App. 7/31/2020, Eff. 8/31/2020; Ord. 182-20, File No. 200673, App. 10/2/2020, Eff. 11/2/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 95-22, File No. 220342, App. 6/24/2022, Eff. 7/25/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 8524, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

Eff. 4/28/2024; Ord. 8524, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 722.69C and 722.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 722.10, 722.17, and 722.26 amended; Specific Provisions: 722.65 deleted, 722.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 722.43 and 722.44 amended, former categories 722.42, 722.67, and 722.69A deleted; Specific Provisions: 722.43, 722.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 722.13, 722.40, 722.54, and 722.69B amended; Specific Provisions: 722.43, 722.44 amended, 722.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 722.38 and 722.39 redesignated as 722.36 and 722.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning

722.67, and 722.69A deleted; Specific Provisions: 722.43, 722.44 amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 722.13, 722.40, 722.54, and 722.69B amended; Specific Provisions: 722.43, 722.44 amended, 722.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 722.38 and 722.39 redesignated as 722.36 and 722.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning

Control Table: 722.22 amended; Ord. 227-14 , Eff. 12/13/2014. Zoning Control Table: 722.22 and 722.94 amended; Specific Provisions: 722.94 amended; Ord. 232-14 , Eff. 12/26/2014. Specific Provisions: 722.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 722.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 722.14, 722.15, 722.16, and 722.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 722.1); Zoning Control Table: 722.54, 722.91, and 722.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 722.91 amended; Specific Provisions: 722.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 722.36 and 722.37 deleted, 722.96 and 722.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 722.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 722.33A added; Ord. 166-16 , Eff. 9/10/2016. Introductory material amended; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table and Note (1) amended; Ord. 196-17, Eff. 11/4/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Table Notes (5) and (6) amended; Ord. 47-18, Eff. 4/16/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Note (12) added; Ord. 263-18, Eff. 12/3/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (8) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (13) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table and Note (5) amended; Ord. 117-20, Eff. 8/31/2020. Note (6) amended; Ord. 182-20, Eff. 11/2/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (1) and (13) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (14) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (14) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Note (12) amended; Ord. 95-22, Eff. 7/25/2022. Zoning Control Table amended; Note (15)3 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (16) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Notes (5), (6), and (7) amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 85-24 , Eff. 5/27/2024. Zoning Control Table and Note (10) amended; Ord. 173-25; Eff. 10/6/2025. Second introductory paragraph, Zoning Control Table, and Notes (2), (5), and (11) amended; Notes (6) and (10) deleted; Notes (17) and (18) added; Ord. 217-25 , Eff. 12/15/2025. Undesignated introductory material, Zoning Control Table, and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (3) added; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

Control Table, and Notes (2), (5), and (11) amended; Notes (6) and (10) deleted; Notes (17) and (18) added; Ord. 217-25 , Eff. 12/15/2025. Undesignated introductory material, Zoning Control Table, and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (3) added; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 63-20.

2. So in Ord. 196-17.

3. Note “(15)” is referenced as “(14)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(14)” previously had been added to this section by Ord. 233-21.

4. So in Ord. 245-25.

SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

(a) Background. Sitting in the gulch between Nob and Russian Hills and Pacific Heights, the Polk Street

Neighborhood Commercial District extends for a mile as a north-south linear strip, and includes a portion of Larkin Street between Post and California Streets. Polk Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. The district has an active, pedestrian-oriented, and continuous commercial frontage along Polk Street for almost all of its length. Larkin Street and side streets in the district have a greater proportion of residences than Polk Street itself. California Street and Hyde Street also have active, pedestrian-oriented, and commercial

frontage that is small-scale. The district is well served by transit and includes the historic California Cable Car. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing retail or commercial spaces or storefronts is generally prohibited and lot mergers are controlled. The district provides convenience goods and services to the residential communities in the Polk Gulch neighborhood and to the residents on the west slopes of Nob and Russian Hills. It has many apparel and specialty stores, as well as some automobile uses, which serve a broader trade area. Commercial uses also include offices, as well as movie theaters, restaurants, and bars which keep the district active into the evening.

(b) Controls.

(1) Purposes. The Polk Street District controls are designed to encourage and promote development that is compatible with the surrounding neighborhood. The building standards guide large-scale development and protect rear yards at residential levels. Consistent with Polk Street’s existing mixed-use character, new buildings may contain most commercial uses at the First Story. The controls encourage neighborhood-serving businesses. They also prohibit new adult entertainment uses. Restrictions on drive-up and most automobile uses protect the district’s continuous retail frontage and prevent further traffic congestion.

ards at residential levels. Consistent with Polk Street’s existing mixed-use character, new buildings may contain most commercial uses at the First Story. The controls encourage neighborhood-serving businesses. They also prohibit new adult entertainment uses. Restrictions on drive-up and most automobile uses protect the district’s continuous retail frontage and prevent further traffic congestion.

Housing developed in new buildings is encouraged above the First Story, especially in the less intensely developed portions of the district along Larkin Street and on large lots throughout the district. New housing development requires 40% or more two-bedroom plus units to encourage families to live in the district. Parking is limited in new developments given the District’s transit access and the proximity to bus rapid transit along Van Ness Avenue parallel to the district. Accessory Dwelling Units are permitted.

(2) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new NonResidential use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, (B) the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry, or (C) the Legacy Business is an existing General Grocery use and is replaced by another business classified as a General Grocery use, and only if the existing General Grocery use is expanded into a building on the same Lot.

(3) Merger of Storefronts. To preserve and maintain the district’s small-scale, fine grain storefronts, the consolidation or merger of existing ground floor retail or commercial spaces or storefronts shall be principally permitted up to 3,000 square feet and conditionally permitted at 3,001 square feet and above.

(4) Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Polk Street NC District shall be consistent with the design policies and guidelines of the General Plan and with the “Polk/Pacific Special Area Design Guidelines” as adopted by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing residential building in order to bring it into conformity with the Citywide Design Standards, “Polk/Pacific Special Area Design Guidelines” and with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.

Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

* Not listed below

(1) Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements of Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification, abandonment, or a change of use of a conditional use permit pursuant to Section 178 of this Code, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018.

(2) USE SIZE EXEMPTION: Per Planning Code Section 121.2(a), a Conditional Use Authorization is not required for any Limited Restaurant use that relocates within the Polk Street NCD, and is designated as a Legacy Business as of the effective date of the ordinance in Board File No. 240411.

(3) Principally permitted on properties that do not have any frontage on Polk Street, California Street, or Hyde Street.

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD):

Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, properties within the North of Market Residential Special Use District; and includes some properties within the Polk Street Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(5) TOBACCO PARAPHERNALIA ESTABLISHMENTS PROHIBITION– Tobacco Paraphernalia Establishments are not permitted in the Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. A special definition of “Tobacco Paraphernalia Establishments” applicable to the Polk Street Neighborhood Commercial District is set forth in Section 102. In the Polk Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months.

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(9) Temporary closures of up to three years, measured from the effective date of the ordinance in Board of Supervisors File No. 210287 enacting this note, of existing liquor stores located in the Polk Street Neighborhood Commercial District, during construction of a development project on the site of the existing liquor store, shall not be considered an abandonment of such use pursuant to Section 178 of this Code, unless the original liquor store elects to relocate somewhere else permanently. Temporary relocation of liquor stores in the Polk Street Neighborhood Commercial District to another location in the Polk Street Neighborhood Commercial District during construction of a development project on the site of said liquor stores shall not require a new Conditional Use Permit for the duration of up to three years, measured from the effective date of the ordinance in Board of Supervisors File No. 210287 enacting this note, of interim relocation.

(10)2 P if accessory to a Hotel, Personal Service or Health Service.

(11)3 P where existing use is any Automotive Use.

(12) C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(13)4 Conditionally permitted on properties that do not have any frontage on Polk Street, California Street, or Hyde Street.

(14) For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 400 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 140 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

quare foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 140 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 251-07, File No. 070851, App. 11/7/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; 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. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 74-13 , File No. 121065, App. 4/30/2013, Eff. 5/30/2013; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 114-18, File No. 180190, App. 5/9/2018, Eff. 6/9/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 201-19, File No. 190661, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 76-21, File No. 210287, App. 5/28/2021, Eff. 6/28/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 11-23, File No. 221023, App. 2/9/2023, Eff. 3/12/2023; Ord. 142-23, File No. 230410, App. 7/26/2023, Eff. 8/26/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 169-24, File No. 240411, App. 7/12/2024, Eff. 8/12/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

. 8/12/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 723.69C and 723.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 723.43 and 723.44 amended, former categories 723.42, 723.67, and 723.69A deleted; Specific Provisions: 723.44 added; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 723.13, 723.54, and 723.69B amended; Specific Provisions: 723.54 added; Ord. 5613 , Eff. 4/27/2013. Specific Provisions: 723.69 amended; Ord. 74-13 , Eff. 5/30/2013. Zoning Control Table: former categories 723.38 and 723.39 redesignated as 723.36 and 723.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 723.26 and 723.49 amended; Specific Provisions: 723.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 723.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 723.14, 723.15, 723.16, and 723.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 723.1); Zoning Control Table: 723.54, 723.91, and 723.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 723.91 amended; Specific Provisions: 723.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 723.36 and 723.37 deleted, 723.96 and 723.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 723.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 723.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note * added; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated and amended; divisions (b)(2)-(4) added; Zoning Control Table amended; Note (7) added; Ord. 205-17, Eff. 12/3/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Note (1) added; Ord. 114-18, Eff. 6/9/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Division (b)(5) added; Zoning Control Table amended; Ord. 201-19, Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Division (b)(1) and Zoning Control Table amended; Note (3) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Note (9) added; Ord. 76-21, Eff. 6/28/2021. Zoning Control Table and Notes (4) and (8) amended; Note (2) added; Ord. 136-21, Eff. 9/4/2021. Division (b)(3) amended; Ord. 197-21, Eff.

. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Division (b)(1) and Zoning Control Table amended; Note (3) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Note (9) added; Ord. 76-21, Eff. 6/28/2021. Zoning Control Table and Notes (4) and (8) amended; Note (2) added; Ord. 136-21, Eff. 9/4/2021. Division (b)(3) amended; Ord. 197-21, Eff.

12/6/2021. Zoning Control Table amended; Note (10)[2] added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (10)[2] amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (11)3 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Divisions (a), (b)(2), and (b)(3), Zoning Control Table, and Note (2) amended; Ord. 11-23 , Eff. 3/12/2023. Zoning Control Table and Note (5) amended; Note (3) added; Ord. 142-23 , Eff. 8/26/2023.. Zoning Control Table

amended; Note (12) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Note (3) amended; Note (13)[4] added; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table and Notes (3) and (13) amended; Ord. 85-24 , Eff. 5/27/2024. Division (b)(3), Zoning Control Table, and Note (2) amended; Ord. 169-24 , Eff. 8/12/2024. Zoning Control Table amended; Ord. 297-24 , Eff. 1/19/2025. Zoning Control Table and Note (2) amended; Ord. 173-25; Eff. 10/6/2025. Division (b)(3) and Zoning Control Table amended; Ord. 217-25 , Eff. 12/15/2025. Division (b)(1) amended; division (b)(4) deleted; division (b)(5) redesignated as (b)(4) and amended; Zoning Control Table amended; Note (14) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 63-20.

2. Note “(10)” is referenced as “(9)” in Ord. 233-21 and Ord. 37-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this table by Ord. 76-21.

3. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

4. Note “(13)” is referenced as “(12)” in Ord. 249-23. The note was redesignated by the codifier because a note designated as “(12)” previously had been added to this section by Ord. 248-23. 5. So in Ord. 245-25.

SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

Located in the Presidio Heights neighborhood in north-central San Francisco, the Sacramento Street Neighborhood Commercial District functions as a small-scale linear shopping area. It extends along Sacramento Street between Lyon and SpruceStreets. Interspersed among residential buildings and garages, the district’s daytime-oriented retail stores provide a limited array of convenience goods to the immediate neighborhood. Sacramento Street also has many elegant clothing, accessory, and antique stores and services, such as hair salons, which attract customers from a wider trade area. Its numerous medical and business offices draw clients from throughout the City. Evening activity in the district is limited to one movie theater, a few restaurants, and some stores near Presidio Avenue.

The Sacramento Street District controls are designed to promote adequate growth opportunities for development that is compatible with the surrounding low-density residential neighborhood. The building standards guide large-scale development and protect rear yards at the grade level and above. Most new commercial development is permitted at the first story; a conditional use authorization is required if a general retail use would involve conversion of any existing housing units. Special controls are designed to protect existing neighborhood-serving ground-story retail uses. Limits on financial service uses are intended to minimize the environmental impacts generated by the growth of such uses. The daytime orientation of the District is encouraged by requiring conditional use authorization for bars and restricting latenight commercial activity. New hotels and parking facilities are limited in scale and operation to minimize disruption to the neighborhood. Most new automobile and drive-up uses are prohibited to promote continuous retail frontage. Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) [Note deleted.]

(2) [Note deleted.]

(3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Sacramento Street Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(4) [Note deleted.]

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)2 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 243-05, File No. 051248, App. 10/21/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 26907, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 63-13 , File No. 130042, App. 4/10/2013, Eff. 5/10/2013; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 23-17, File No. 160656, App. 2/10/2017, Eff. 3/12/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 724.69C and 724.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 724.10, 724.17, and 724.69 amended; Specific Provisions: 724.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 724.43 and

724.44 amended, former categories 724.42, 724.67, and 724.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 724.13 and 724.69B amended; Ord. 56-13 , Eff. 4/27/2013. Introductory material amended; Zoning Control Table: 724.51 amended; Specific Provisions: 724.51 added; Ord. 63-13 , Eff. 5/10/2013. Zoning Control Table: former categories 724.38 and 724.39 redesignated as 724.36 and 724.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 724.26, 724.49, and 724.50 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 724.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 724.14, 724.15, 724.16, and 724.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 724.1); Zoning Control Table: 724.54, 724.91, and 724.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 724.36 and 724.37 deleted, 724.96 and 724.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 724.91 amended; Specific Provisions: 724.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 724.33A added; Ord. 166-16 , Eff. 9/10/2016. Introductory material amended; Zoning Control Table: 724.51 amended; Specific Provisions: 724.51 amended; Ord. 23-17, Eff. 3/12/2017. Introductory material amended; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (3) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (3) and (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (4) amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (4) and (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table amended; Note (4) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 63-20.

2. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Union Street Commercial District is located in northern San Francisco between the Marina and Pacific Heights neighborhoods. The district lies along Union Street between Van Ness Avenue and Steiner, including an arm extending north on Fillmore Street to Lombard. The shopping area provides limited convenience goods for the residents of sections of the Cow Hollow, Golden Gate Valley, and Pacific Heights neighborhoods immediately surrounding the street. Important aspects of Union Street’s business activity are eating and drinking establishments and specialty shops whose clientele comes from a wide trade area. There are also a significant number of professional, realty, and business offices. Many restaurants and bars as well as the district’s two movie theaters are open into the evening hours, and on weekends the street’s clothing, antique stores and galleries do a vigorous business.

The Union Street District controls are designed to provide sufficient growth opportunities for commercial development that is in keeping with the existing scale and character, promote continuous retail frontage, and protect adjacent residential livability. Small- to mid-scale buildings and neighborhood-serving uses are promoted, and rear yards above the ground story and at all residential levels are protected. Most commercial development is permitted at the first two stories of new buildings, while retail service uses are monitored at the third story and above. Controls are necessary to preserve the remaining convenience businesses and to reduce the cumulative impacts which the growth of certain uses have on neighborhood residents. Such controls require Conditional Use authorization for additional drinking establishments and limit additional entertainment, and financial service uses. Most automobile and drive-up uses are prohibited in order to maintain continuous retail frontage and minimize further traffic congestion.

Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT

• Not listed below

(1) Any Massage Establishment that has continually operated without the benefit of a building permit within the Union Street NCD since prior to December 31, 2017 shall not require a Conditional Use authorization to legally establish the Massage Establishment. However, such establishments must file a building permit application by May 1, 2020 to legally establish the Massage Establishment use, and such building permit application will be subject to neighborhood notification pursuant to Planning Code Section 311.

(2) (2)3 For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 600 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 210 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

(3) [Note deleted.]

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Union Street Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6)2 NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 8-09, File No. 080872, App. 1/16/2009; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 98-09, File No. 090274, App. 6/19/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 214-12 , File No. 120773, App. 10/9/2012, Eff. 11/8/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 12917, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 219-18, File No. 180053, App. 9/21/2018, Eff. 10/22/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 6224, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

3, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 6224, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 725.69C and 725.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 725.10, 725.17, and 725.42 amended; Specific Provisions: 725.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 725.43 and 725.44 amended, former categories 725.42, 725.67, and 725.69A deleted; Specific Provisions: 725.44 amended, 725.44, 725.69B deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 725.43 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. 214-12 , Eff. 11/8/2012. Zoning Control Table: 725.13 and 725.69B amended; Specific Provisions: 725.44 amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 725.38 and 725.39 redesignated as 725.36 and 725.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 725.26 and 725.49 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 725.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 725.14, 725.15, 725.16, and 725.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 725.1); Zoning Control Table: 725.54, 725.91, and 725.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 725.36 and 725.37 deleted, 725.96 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 725.91 amended; Specific Provisions: 725.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 725.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017.

Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Note (1) added; Ord. 21918, Eff. 10/22/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Ord. 63-20, Eff. 5/25/2020.

Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Ord. 63-20, Eff. 5/25/2020.

Zoning Control Table amended; Note (6)[2] added; Ord. 78-20 , Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (3) deleted; Proposition H , 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21 , Eff. 9/4/2021. Zoning Control Table and Notes (4) and (6) amended; Ord. 136-21 , Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. Note “(6)” is referenced as “(5)” in Ord. 78-20. The note was redesignated by the codifier because a note designated as

“(5)” previously had been added to this section by Ord. 129-17.

3. So in Ord. 245-25.

SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

(a) Background. The Pacific Avenue Neighborhood Commercial District, on Pacific Avenue from just east of Polk Street to all four corners of Pacific Avenue and Jones Street, is situated on the north slope of the Nob Hill neighborhood and south of the Broadway Tunnel. Pacific Avenue is a multi- purpose, small-scale mixed-use neighborhood shopping district on a narrow street that provides limited convenience goods to the adjacent neighborhoods.

(b) Controls.

(1) Purposes. The Pacific Avenue Neighborhood Commercial District controls are designed to promote a small, neighborhood serving mixed-use commercial street that preserves the surrounding neighborhood residential character. These controls are intended to preserve livability in a largely low-rise development residential neighborhood, enhance solar access on a narrow street right-of-way, and protect residential rear yard patterns at the ground floor. Accessory Dwelling Units are permitted.

omote a small, neighborhood serving mixed-use commercial street that preserves the surrounding neighborhood residential character. These controls are intended to preserve livability in a largely low-rise development residential neighborhood, enhance solar access on a narrow street right-of-way, and protect residential rear yard patterns at the ground floor. Accessory Dwelling Units are permitted.

(2) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new NonResidential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject nonresidential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(3) Neighborhood Commercial Design Guidelines. The construction of new buildings and alteration of existing buildings in the Pacific Avenue Neighborhood Commercial District shall be consistent with the design policies and guidelines of the General Plan, the Citywide Design Standards, the Urban Design Guidelines and with the “Polk/Pacific

Special Area Design Guidelines” as adopted by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing residential building in order to bring it into conformity with the Citywide Design Standards and the “Polk/Pacific Special Area Design Guidelines” and with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.

Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.]

• (3) [Note deleted.]

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Pacific Avenue Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) REPLACEMENT OF LEGACY BUSINESSES REQUIRES CONDITIONAL USE AUTHORIZATION. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization; this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App.

11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 3-13 , File No. 120880, App. 1/24/2013, Eff. 2/23/2013; Ord. 5613 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 180-13 , File No. 130459, App. 8/7/2013, Eff. 9/6/2013; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 201-19, File No. 190661, App. 8/9/2019, Eff. 9/9/2019; Ord. 6320, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

ff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 726.69C and 726.69D added; Ord. 66-11 , Eff. 5/20/2011. Table titles amended; Zoning Control Table: 726.13 added, 726.10 and 726.17 amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: title amended [identical amendment previously had been made by Ord. 140-11]; Ord. 196-11 , Eff. 11/3/2011. Zoning Control Table: 726.43 and 726.44 amended; former categories 726.42, 726.67, and 726.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 726.52 amended; Ord. 3-13 , Eff. 2/23/2013. Zoning Control Table: 726.13, 726.13a, 726.13b, 726.13c, 726.54, and 726.69B amended; Specific Provisions: 726.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: 726.44 amended; Specific Provisions: "Ground Floor Conversion" entry added; Ord. 180-13 , Eff. 9/6/2013. Zoning Control Table: former categories 726.37, 726.38, and 736.39 redesignated as 726.36, 726.37, and 726.38 and amended, new category 726.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 726.26 amended; Specific Provisions: 726.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 726.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 726.14, 726.15, 726.16, and 726.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 726.1); Zoning Control Table: 726.54, 726.91, and 726.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 726.36, 726.37, 726.38, and 726.39 deleted, 726.96, 726.97, and 726.98 added; Ord. 3316 , Eff. 4/10/2016. Specific Provisions: 726.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 726.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated;

. 9/3/2016. Zoning Control Table: 726.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), and (b)(1) designated;

divisions (b)(2) and (b)(3) added; Zoning Control Table amended; Note (6) added; Ord. 205-17, Eff. 12/3/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 31118, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Division (b)(4) added; Zoning Control Table amended; Ord. 201-19, Eff. 9/9/2019. Zoning Control Table and Note (4) amended; Note (3) deleted; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (4) and (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 217-25 , Eff. 12/15/2025. Division (b)(1) amended; division (b)(3) deleted; division (b)(4) redesignated as (b)(3) and amended; Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026.. Zoning Control Table amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT.

The Lakeside Village Neighborhood Commercial District is located in the southwestern part of the City and stretches along Ocean Avenue from Junipero Serra Boulevard to 19th Avenue. It is a neighborhood serving shopping corridor nestled among single-family homes. Lakeside Village has small ground-floor retail, restaurant, and medical office space and is serviced by the M-line streetcar.

Building controls for the Lakeside Village Neighborhood Commercial District promote various scales of development which are compatible with the existing scale and character of the District. Commercial development is limited, with certain exceptions. Rear yard requirements at all levels preserve existing backyard space.

Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services provided that the use size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, general advertising signs, drive-up facilities, hotels, and latenight activity.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted within the District.

* Not listed below

• (1) C if a Macro WTS Facility; P if a Micro WTS Facility.

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (3) P if accessory to a Hotel, Personal Service or Health Service.

• (4)1 P where existing use is any Automotive Use.

• (5) Canopy is P if required as a wind mitigation feature.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 727 added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No.

160477, App. 8/11/2016, Eff. 9/10/2016; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Zoning Control Table deleted by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Zoning Control Table amended; Note (2) added; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Third introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (5) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 233-21 and Ord. 37-22.

3. So in Ord. 7-20 and Ord. 245-25.

4. So in Ord. 245-25.

SEC. 728. 24TH STREET – NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT.

The 24th Street – Noe Valley Neighborhood Commercial District is situated along 24th Street between Chattanooga and Diamond in the Noe Valley neighborhood of central San Francisco. This daytime-oriented, multi-purpose commercial district provides a mixture of convenience and comparison shopping goods and services to a predominantly local market area. It contains primarily retail sales and personal services at the street level, some office uses on the second story, and residential use almost exclusively on the third and upper stories.

The 24th Street – Noe Valley District controls are designed to allow for development that is compatible with the existing mixed-use neighborhood commercial character and surrounding residential area. The small- to mid- scale of new buildings and neighborhood-serving uses is encouraged and rear yard open space corridors at all levels are protected. Most commercial uses are directed to the ground story and limited at the second story of new buildings. In order to maintain the variety and mix of retail sales and services along the commercial strip and to control the problems of traffic, congestion, noise and late-night activity, certain potentially troublesome commercial uses are regulated. Financial service uses are restricted to and at the ground story. Prohibitions on drive-up and most automobile uses help prevent additional traffic and parking congestion.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 728. 24TH STREET – NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) [Note deleted.]

(2) [Note deleted.]

(3) [Note deleted.]

• (4) Formula Retail Limited-Restaurants are NP.

• (5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its ¼ mile buffer includes portions of, but is not limited to, the 24th Street-Noe Valley Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 384-98, App. 12/24/98; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 27505, File No. 051250, App. 11/30/2005; Ord. 24-06, File No. 051676, App. 2/8/2006; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 24508, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 101-10, File No. 091208, App. 5/13/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 226-12 , File No. 120774, App. 10/29/2012, Eff. 11/28/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 76-15 , File No. 150017, App. 6/12/2015, Eff. 7/12/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22,

0077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22,

File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 728.69C and 728.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 728.40, 728.41, 728.43 and 728.44 amended, former categories 728.42, 728.67, and 728.69A deleted; Specific Provisions: 728.40 amended, former category 728.41 redesignated as 728.44 and amended; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 728.10 amended; Ord. 226-12 , Eff. 11/28/2012. Introductory material amended; Zoning Control Table: 728.13, 728.40, 728.54, and 728.69B amended; Specific Provisions: 728.43 and 728.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 728.38 and 728.39 redesignated as 728.36 and 728.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 728.26 amended; Specific Provisions: 728.40/728.43 and 728.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 728.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 728.14, 728.15, 728.16, and 728.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 728.1); Zoning Control Table: 728.54, 728.91, and 728.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 728.51 and 728.53 amended; Ord. 76-15 , Eff. 7/12/2015. Introductory material amended; Zoning Control Table: 728.91 amended; Specific Provisions: 728.12, 728.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 728.36 and 728.37 deleted, 728.96 and 728.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 728.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 728.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Note (4) amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (3) deleted; Note (4) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (5) and (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

Located in the southwestern part of the City, the West Portal Avenue Neighborhood Commercial District stretches for three long blocks along West Portal Avenue from Ulloa Street to 15th Avenue and extends one block east along Ulloa Street from the Twin Peaks Tunnel entrance to Claremont Boulevard. West Portal Avenue provides a selection of goods and services for customers coming mainly from the surrounding west of Twin Peaks and Sunset single-family residential neighborhoods. The lively, small-scale retail frontage is interrupted at several locations by large-scale financial institutions which take up a large amount of commercial ground-story frontage. More than half of the number of medical, professional and business offices are located at the ground level.

The West Portal Avenue District controls are designed to preserve the existing family-oriented, village character of West Portal Avenue. The height, bulk and design of new development, especially on large lots, should respect the small- to midscale character of the district and its surrounding residential neighborhoods. Lot mergers creating large lots are discouraged. Individual nonresidential uses require conditional use permits above 2,500 square feet.

Special controls on commercial uses are designed to protect the existing mix of ground-story retail uses and prevent further intensification and congestion in the district. Because the district and surrounding neighborhoods are well served by the existing number of eating and drinking establishments, new bars are discouraged: any proposed new establishment should be carefully reviewed to ensure that it is neighborhood-serving and family-oriented, and will not generate traffic, parking, or litter problems. Medical, business or professional services are permitted at the first two stories, but additional ground-story locations are to be closely monitored to ensure that the current balance between retail and office uses is maintained. Existing service stations are encouraged to continue operating, but changes in their size, operation, or location are subject to review. Other automotive uses are prohibited. The neighborhood-oriented, retail character of the district is further protected by prohibiting hotels and limiting nonretail uses. The daytime orientation of the district is maintained by prohibition of late-night commercial operating hours.

tations are encouraged to continue operating, but changes in their size, operation, or location are subject to review. Other automotive uses are prohibited. The neighborhood-oriented, retail character of the district is further protected by prohibiting hotels and limiting nonretail uses. The daytime orientation of the district is maintained by prohibition of late-night commercial operating hours.

Housing development in new buildings is encouraged.;[2] new construction should ensure appropriate scale, design and compatibility with adjacent development. Accessory Dwelling Units are permitted.

Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.] (3) [Note deleted.]

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(6) P if accessory to a Hotel, Personal Service or Health Service.

(7)1 P where existing use is any Automotive Use.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 327-97, App. 8/8/97; Ord. 120-99, File No. 990188, Eff. 5/17/99; Ord. 87-00, File No. 991963, App. 5/19/2000; Ord. 260-00, File No. 001424, App. 11/17/2000; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 12917, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 2-25, File No. 240903, App. 2/7/2025, Eff. 3/10/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 729.69C and 729.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 729.17 amended; Specific Provisions: 729.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 729.40, 729.43 and 729.44 amended, former categories 729.42, 729.67, and 729.69A deleted; Specific Provisions: 729.40 deleted; Ord. 75-12 , Eff. 5/23/2012. Introductory material amended; Zoning Control Table: 729.13 and 729.69B amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 729.38 and 729.39 redesignated as 729.36 and 729.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 729.26 and 729.50 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 729.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 729.14, 729.15, 729.16, and 729.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 729.1); Zoning Control Table: 729.54, 729.91, and 729.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 729.36 and 729.37 deleted,

amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 729.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 729.14, 729.15, 729.16, and 729.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 729.1); Zoning Control Table: 729.54, 729.91, and 729.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 729.36 and 729.37 deleted,

729.96 and 729.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 729.91 amended; Specific Provisions: 729.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 729.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (5) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (3) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (6) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (6) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (7)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Third introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 2-25 , Eff. 3/10/2025. Second introductory paragraph and Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 24525 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(7)” is referenced as “(6)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Sunset Neighborhood Commercial District is located in the Inner Sunset neighborhood bounded by Lincoln Way on the north, Fifth Avenue on the east, Kirkham Street on the south, and Nineteenth Avenue on the west. The shopping area provides convenience goods and services to local Inner Sunset residents, as well as comparison shopping goods and services to a larger market area. The commercial district is also frequented by users of Golden Gate Park on weekends and by City residents for its eating, drinking, and entertainment places. Numerous housing units establish the District’s mixed residential-commercial character.

The Inner Sunset District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. The building standards regulate large-lot and use development and protect rear yards above the ground story and at residential levels. To promote the prevailing mixed-use character, most commercial uses are directed primarily to the ground story with some upper-story restrictions in new buildings. In order to maintain the balanced mix and variety of neighborhood-serving commercial uses and regulate the more intensive commercial uses which can generate congestion and nuisance problems, special controls restrict expansion and intensification of existing eating and drinking establishments, and limit tourist hotels. Prohibitions of most automobile and drive-up uses protect the district’s continuous retail frontage.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

* Not listed below

(1) (1)2 For Lots outside the R-4 Height and Bulk District the density limits shall be: one Dwelling Unit per 800 square foot lot area, or the density permitted in the nearest R District, whichever is greater; up to one Group Housing bedroom per 275 square foot lot area, or the density permitted in the nearest R District, whichever is greater; for Senior Housing, P up to twice the number of Dwelling Units otherwise permitted as a Principal Use in the district and meeting all the requirements of § 202.2(f)(1).

(2) [Note deleted.]

(3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Inner Sunset Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(6) P if accessory to a Hotel, Personal Service or Health Service.

(7)1 P where existing use is any Automotive Use.

(Added by Ord. 262-00, File No. 001426, App. 11/17/2000; amended by Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 18219, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-

018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 18219, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-

20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 730.69C and 730.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 730.1, 730.17, and 730.68 amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 730.43 and 730.44 amended, former categories 730.42, 730.67, and 730.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: former category 730.1 redesignated as 730.10, 730.13, 730.20, 730.54, and 730.69B amended; Specific Provisions: 730.54 added, 730.68 amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 730.38 and 730.39 redesignated as 730.36 and 730.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 730.26 amended; Specific Provisions: 730.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 730.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 730.14, 730.15, 730.16, and 730.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 730.1); Zoning Control Table: 730.54, 730.91, and 730.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 730.36 and 730.37 deleted, 730.96 and 730.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 730.91 amended; Specific Provisions: 730.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 730.33A added; Ord. 166-16 , Eff. 9/10/2016. New Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (3) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (5) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (3) and (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (6) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (6) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (7)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (1) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

nated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (1) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(7)” is referenced as “(6)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Noriega Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes properties fronting both sides of Noriega Street between 19th and 27th and 30th through 33rd Avenues.

The District provides a selection of convenience goods and services for the residents of the Outer Sunset District. There are a high concentration of restaurants, drawing customers from throughout the City and the region. There are also a significant number of professional, realty, and business offices as well as financial institutions.

The Noriega Street Neighborhood Commercial District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that support the District’s vitality. The building standards allow various scales of buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and to protect adjacent residential livability. To protect continuous frontage, drive-up uses are prohibited and active, pedestrian-oriented ground floor uses generally must be provided, unless such uses are authorized by Conditional Use. These controls are designed to encourage the street’s active retail frontage, and local fabrication and production of goods.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) [Note deleted.]

(2) [Note deleted.]

(3) Formula Retail NP for Restaurants and Limited Restaurants

• (4) Trade Shops are subject to Formula Retail Controls

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)2 P where existing use is any Automotive Use.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 245-08, File No. 080696; Ord. 321-08, File No. 081100, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 76-15 , File No. 150017, App. 6/12/2015, Eff. 7/12/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 17325, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 731.69C and 731.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: title amended, 731.13a, 731.17, and 731.39a amended; Specific Provisions: 731.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 731.40, 731.43 and 731.44 amended, former categories 731.42, 731.67, and 731.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 731.13, 731.13a, 731.13b, 731.13c, 731.54, 731.68, and 731.69B amended; Specific Provisions: 731.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 731.38, 731.39, and 731.39a redesignated as 731.36, 731.37, and 731.38 and amended; new category 731.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 731.26 amended; Specific Provisions: 731.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 731.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 731.14, 731.15, 731.16, 731.17, and 731.30 amended; Specific Provisions: former 731.30, 731.31 and 731.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 731.1); Zoning Control Table: 731.54, 731.91, and 731.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 731.50 and 731.53 amended; Specific Provisions: 731.50 and 731.53 added; Ord. 76-15 , Eff. 7/12/2015. Introductory material amended; Zoning Control Table: 731.91 amended; Specific Provisions: 731.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 731.36, 731.37, 731.38, and 731.39

731.54, 731.91, and 731.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 731.50 and 731.53 amended; Specific Provisions: 731.50 and 731.53 added; Ord. 76-15 , Eff. 7/12/2015. Introductory material amended; Zoning Control Table: 731.91 amended; Specific Provisions: 731.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 731.36, 731.37, 731.38, and 731.39

deleted, 731.96 and 731.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 731.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 731.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 27718, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 24923 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 6224 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Notes (3) and (4) amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 245-25.

2. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Irving Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes properties fronting both sides of Irving Street between 19th and 27th Avenues. The District provides a selection of convenience goods and services for the residents of the Outer Sunset District. There are a high concentration of restaurants, drawing customers from throughout the City and the region. There are also a significant number of professional, realty, and business offices as well as financial institutions.

The Irving Street Neighborhood Commercial District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that support the District’s vitality. The building standards allow small- to mid-scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and to protect adjacent residential livability. These controls are designed to encourage the street’s active retail frontage, and local fabrication and production of goods. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

ZONING CONTROL TABLE

Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT

Irving Street NCD

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.]

• (3) Formula Retail NP for Restaurants and Limited Restaurants

• (4) Trade Shops are subject to Formula Retail Controls

• (5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (7) P if accessory to a Hotel, Personal Service or Health Service.

• (8)1 P where existing use is any Automotive Use.

(Added by Ord. 167-07, File. No. 070681, App. 7/20/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 20218, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264,

/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264,

App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 6224, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 732.69C and 732.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 732.10 and 732.17 amended; Specific Provisions: 732.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 732.43 and 732.44 amended, former categories 732.42, 732.67, and 732.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 732.13, 732.68, and 732.69B amended; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 732.38 and 732.39 redesignated as 732.36 and 732.37 and amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 732.26 and 732.49 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 732.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 732.14, 732.15, and 732.16 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 732.1); Zoning Control Table: 732.54, 732.91, and 732.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 732.91 amended; Specific Provisions: 732.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories 732.36 and 732.37 deleted, 732.96 and 732.97 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 732.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 732.33A added; Ord. 166-16 , Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 12917, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 19022 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Notes (3) and (4) amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Notes (3) and (4) amended; Ord. 13-26 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Taraval Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the properties fronting both sides of Taraval Street from 19th through 36th Avenues. The District provides a selection of

convenience goods and services for the residents of the Outer Sunset District. There are a high concentration of restaurants, drawing customers from throughout the City and the region. There are also a significant number of professional, realty, and business offices as well as financial institutions.

The Taraval Street Neighborhood Commercial District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that support the District’s vitality. The building standards allow small- to mid-scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and to protect adjacent residential livability. These controls are designed to encourage the street’s active retail frontage, and local fabrication and production of goods. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.]

• (3) Formula Retail NP for Restaurants and Limited Restaurants

• (4) Trade Shops are subject to Formula Retail Controls

• (5) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (7) P if accessory to a Hotel, Personal Service or Health Service.

• (8)1 P where existing use is any Automotive Use.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 245-08, File No. 080696; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 83-13 , File No. 120901, App. 5/15/2013, Eff. 6/14/2013; 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; Ord. 13-15, File No. 140982, App. 2/13/2015, Eff. 3/15/2015; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 76-15 , File No. 150017, App. 6/12/2015, Eff. 7/12/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 35-16 , File No. 151084, App. 3/25/2016, Eff. 4/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 17325, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 733.69C and 733.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 733.13b and 733.39a amended; Specific Provisions: 733.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 733.43 and 733.44 amended, former categories 733.42, 733.67, and 733.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 733.13, 733.13a, 733.13b, 733.13c, 733.23, 733.44, 733.54, 733.68, and 733.69B amended; Specific Provisions: 733.54 added; Ord. 56-13 , Eff. 4/27/2013. Introductory material amended; Zoning Control Table: 733.10, 733.17, and 733.48 amended, 733.69 added; Specific Provisions: 733.48 deleted; Ord. 83-13 , Eff. 6/14/2013. Zoning Control Table: former categories 733.38, 733.39, and 733.39a redesignated as 733.36, 733.37, and 733.38 and amended; new category 733.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 733.26 amended; Specific Provisions: 733.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 733.48 and 733.69B amended; Specific Provisions: 733.48 added; Ord. 13-15, Eff. 3/15/2015. Zoning Control Table: 733.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 733.14, 733.15, 733.16, and 733.17 amended; Specific Provisions: former 733.31 and 733.32 deleted; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 733.1); Zoning Control Table: 733.54, 733.91, and 733.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: 733.50 and 733.53 amended; Ord. 76-15 , Eff. 7/12/2015. Introductory material amended; Zoning Control Table: 733.91 amended; Specific Provisions: 733.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 733.36, 733.37, 733.38, and 733.39 deleted, 733.96, 733.97, and 733.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 733.41 amended; Specific Provisions: 733.41 added; Ord. 35-16 , Eff. 4/24/2016. Specific Provisions: 733.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 733.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 733.33A added; Ord. 166-16, Eff. 9/10/2016. Section

733.38, and 733.39 deleted, 733.96, 733.97, and 733.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 733.41 amended; Specific Provisions: 733.41 added; Ord. 35-16 , Eff. 4/24/2016. Specific Provisions: 733.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 733.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 733.33A added; Ord. 166-16, Eff. 9/10/2016. Section

renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Notes (3) and (4) amended; Ord. 1326 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

Editor's Note:

This Section was designated 732.1 when enacted by Ord. 72-08. It was redesignated as "733.1" by the editor to avoid conflicting with previously existing material. The section was re-enacted and/or amended under that number by multiple subsequent ordinances, as shown in the history notes above. The section was formally redesignated as "733" by Ord. 30-

SEC. 733A. [REPEALED.]

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Judah Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the properties fronting both sides of Judah Street from 29th through 33rd Avenues. The District provides a selection of convenience goods and services for the residents of the Outer Sunset District. There are a high concentration of restaurants, drawing customers from throughout the City and the region. There are also a significant number of professional, realty, and business offices as well as financial institutions.

The Judah Street Neighborhood Commercial District controls are designed to promote development that is consistent with its existing land use patterns and to maintain a harmony of uses that support the District’s vitality. The building standards allow small- to mid-scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development, most commercial uses are permitted at the first two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium of neighborhood-serving convenience and comparison shopping businesses and to protect adjacent residential livability. These controls are designed to encourage the street’s active retail frontage, and local fabrication and production of goods. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT

• Not listed below

• (1) [Note deleted.]

• (2) [Note deleted.]

• (3) Formula Retail NP for Restaurants and Limited Restaurants

• (4) Trade Shops are subject to Formula Retail Controls

• (5) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (7) P if accessory to a Hotel, Personal Service or Health Service.

• (8)1 P where existing use is any Automotive Use.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff.

5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; renamed and amended in full by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 30318, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 734.69C and 734.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 734.10 and 734.17 amended, 734.69, 734.69A, and 734.69B added; Specific Provisions: 734.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: title amended, 734.69, 734.69A, and 734.69B added [identical additions previously had been made by Ord. 140-11]; Ord. 196-11 , Eff. 11/3/2011. Zoning Control Table: 734.43 and 734.44 amended, former categories 734.42, 734.67, and 734.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: designation of category 734.39 corrected, 734.13, 734.13b, 734.13c, 734.54, and 734.69B amended; Specific Provisions: 734.54 added, 734.68 deleted; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 734.37, 734.38, and 734.39 redesignated as 734.36, 734.37, and 734.38 and amended; new category 734.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 734.26 amended; Specific Provisions: 734.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 734.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 734.14, 734.15, 734.16, 734.17, and 734.30 amended; Ord. 2015 , Eff. 3/22/2015. Section redesignated (formerly Sec. 734.1); Zoning Control Table: 734.54, 734.91, and 734.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 734.36, 734.37, 734.38, and 734.39 deleted, 734.96, 734.97, and 734.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 734.91 amended; Specific Provisions: 734.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 734.33A added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: 734.33A added; Ord. 166-16, Eff. 9/10/2016. Section renamed and amended in full; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (1) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 199-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6)

ontrol Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (2) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6)

added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff.

1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table and Notes (3) and (4) amended; Ord. 1326 , Eff. 3/16/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Balboa Street Neighborhood Commercial District is located along Balboa Street between 2nd Avenue and 8th Avenue in the Richmond District of San Francisco. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The Inner Balboa Street Neighborhood Commercial District controls provide for mixed-use buildings which approximate or slightly exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood- serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Public Utilities Yard § 102 NP NP NP

• Not listed below (1) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). (2) C if a Macro WTS Facility; P if a Micro WTS Facility. (3) P if accessory to a Hotel, Personal Service or Health Service. (4)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff.

4/11/2026)

(Former Sec. 735 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 23514 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 753 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Outer Balboa Street Neighborhood Commercial District is located along Balboa Street between 32nd Avenue and 39th Avenue in the Richmond District of San Francisco. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The Outer Balboa Street Neighborhood Commercial District controls provide for mixed-use buildings which approximate or moderately exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(2) C if a Macro WTS Facility; P if a Micro WTS Facility.

(3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff.

4/11/2026)

(Former Sec. 736 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 23514 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 754 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT.

The Bayview Neighborhood Commercial District is located along Third Street between Yosemite and Jerrold Avenues. It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.

The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING

Table 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING

CONTROL TABLE

• Not listed below

(1) THIRD FLOOR RESIDENTIAL CONVERSION: Boundaries: Applicable to the Bayview NCD

Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in § 317, the Commission finds that:

(a) The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places;

(b) The proposed use is to be operated by a nonprofit public benefit corporation; and

(c) No legally residing residential tenants will be displaced.

(2) Drive-up facilities for Restaurants and Limited-Restaurants are C.

(3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) P if accessory to a Hotel, Personal Service or Health Service.

(6)2 P where existing use is any Automotive Use.

(7) THIRD STREET ALCOHOL RESTRICTED USE DISTRICT (Section 249.62). C for Bars with ABC License Type 42.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 21-25, File No. 240932, App. 3/7/2025, Eff. 4/7/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

24, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 21-25, File No. 240932, App. 3/7/2025, Eff. 4/7/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 737 added by Ord. 61-09, File No. 090181, App. 4/17/2009; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 66-14 , File No. 140097, App. 5/14/2014, Eff. 6/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 209-15 , File No. 150271, App. 12/16/2015, Eff. 1/15/2016; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 755 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (5) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (5) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (6)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table and Note (2) amended; Note (7) added; Ord. 21-25 , Eff. 4/7/2025. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 7-20.

2. Note “(6)” is referenced as “(5)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

The Cortland Avenue Neighborhood Commercial District is located along Cortland Avenue between Bonview and Folsom Streets. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The Cortland Avenue Neighborhood Commercial District controls provide for mixed-use buildings which approximate or slightly exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(2) C if a Macro WTS Facility; P if a Micro WTS Facility.

(3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 738 added by Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; amended by 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. 23514 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015;

Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 756 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTE

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

SEC. 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT.

The Geary Boulevard Neighborhood Commercial District is located along Geary Boulevard between Masonic and 28th Avenues. It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.

The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions. Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) Additional 5 feet for NC-3 parcels zoned 40' or 50' with an Active Use on the ground floor within the following areas: Geary from Masonic Avenue to 28th Avenue, except for parcels on the north side of Geary Boulevard between Palm Avenue and Parker Avenue, see § 263.20.

(2) THIRD FLOOR RESIDENTIAL CONVERSION: Boundaries: Applicable to the Geary Boulevard NCD Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in § 317, the Commission finds that:

(a) The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places;

(b) The proposed use is to be operated by a nonprofit public benefit corporation; and

(c) No legally residing residential tenants will be displaced.

(3) GEARY BOULEVARD FORMULA RETAIL PET SUPPLY STORE AND FORMULA RETAIL EATING AND DRINKING SUBDISTRICT: Applicable only for the portion of the Geary Boulevard NCD between 14th and 28th Avenues as mapped on Sectional Maps 3 SU and 4 SU. Formula Retail pet supply stores and Formula Retail Eating and Drinking uses are NP.

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P

subject to the restrictions set forth in Section 249.35(c)(3). (5) C if a Macro WTS Facility; P if a Micro WTS Facility. (6) Outdoor handwashing, vacuuming, and detailing of automobiles are permitted as an Accessory Use at Automotive Service Stations in the District. Such use may occupy no more than 5 onsite parking spots. The addition of such limited outdoor handwashing, vacuuming, and detailing of automobiles is not subject to the location and operational restrictions in Section 202.2(b)(3) and shall not constitute an enlargement or intensification of the use. (7) [Note deleted.] (8) P if accessory to a Hotel, Personal Service or Health Service. (9)1 P where existing use is any Automotive Use.

rking spots. The addition of such limited outdoor handwashing, vacuuming, and detailing of automobiles is not subject to the location and operational restrictions in Section 202.2(b)(3) and shall not constitute an enlargement or intensification of the use. (7) [Note deleted.] (8) P if accessory to a Hotel, Personal Service or Health Service. (9)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 214-25, File No. 250716, App. 11/4/2025, Eff. 12/5/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 739 added by Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012 ; amended by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table and Note (3) amended; Notes (6) and (7) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Note (6) added; Ord. 214-25 , Eff. 12/5/2025. Undesignated introductory material, Zoning Control Table, and Note (2) amended; Ord. 24525 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTE

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

SEC. 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT.

The Mission Bernal Neighborhood Commercial District is located along Mission Street between Cesar Chavez and Randall Streets. It is a linear district located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood. The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions. Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) THIRD FLOOR RESIDENTIAL CONVERSION: Boundaries: Applicable to the Mission Bernal NCD

• Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in § 317, the Commission finds that: (a) The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places; (b) The proposed use is to be operated by a nonprofit public benefit corporation; and (c) No legally residing residential tenants will be displaced. (2) [Note deleted.] (3) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility. (5) P if accessory to a Hotel, Personal Service or Health Service. (6)2 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 740 added by Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; amended by 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. 22714 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (5) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (5) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (6)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (2) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 7-20.

2. Note “(6)” is referenced as “(5)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 233-21.

SEC. 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

The San Bruno Avenue Neighborhood Commercial District is located along San Bruno Avenue between Hale and Olmstead Streets. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The San Bruno Avenue District controls provide for mixed-use buildings which approximate or slightly exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business, and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage. Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). (2) C if a Macro WTS Facility; P if a Micro WTS Facility. (3) P if accessory to a Hotel, Personal Service or Health Service. (4)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 741 added by Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012 ; amended by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018) AMENDMENT HISTORY

rd. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018) AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTE

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS.

The Cole Valley Neighborhood Commercial District is located along Cole Street from Frederick to Grattan Streets and includes some parcels north of Carl Street and south of Parnassus. It is a local shopping district with a mix of retail uses in a residential neighborhood that is near a transit line.

Building controls for the Cole Valley Neighborhood Commercial District promote small to mid-scale development which is compatible with the existing scale and character of the area. Commercial development is limited to one story

with some exceptions. Rear yard requirements at all levels preserve existing backyard space.

Commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the first story provided that the use size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, financial services, general advertising signs, drive-up facilities, hotels, and late-night activity.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) C if a Macro WTS Facility; P if a Micro WTS Facility.

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(5) Canopy is P if required as a wind mitigation feature.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper.

1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 742 added by Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012 ; amended by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018) AMENDMENT HISTORY

rd. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 100-17, File No. 170466, App. 5/19/2017, Eff. 6/18/2017; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018) AMENDMENT HISTORY

Zoning Control Table amended; Note (2) added; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Note (5) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTE

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

SEC. 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Lower Haight Street Neighborhood Commercial District is located along Haight Street between Webster and Steiner Streets. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The District controls provide for mixed-use buildings which approximate or moderately exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(2) C if a Macro WTS Facility; P if a Micro WTS Facility. (3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 743 added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 757 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material

d. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material

and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTE

1. Note “(4)” is referenced as “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” previously had been added to this section by Ord. 233-21.

SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Lower Polk Street Neighborhood Commercial District is located along Polk Street and includes non-contiguous parcels from Geary Street to Golden Gate Avenue with frontage on Geary Street, Golden Gate Avenue, and other side streets.

The District is located along a heavily trafficked thoroughfare which also serves as a major transit route. In addition to providing convenience goods and services to the surrounding neighborhood, the District offers a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood.

The building standards permit moderately large commercial uses and buildings. Rear yards are protected at residential levels.

A diversified commercial environment is encouraged for the District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service, and certain auto uses generally are permitted with certain limitations at the first and second stories. Other retail businesses, personal services, and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions. Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to Sections 207.1 and 207.2 of this Code.

Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) THIRD FLOOR RESIDENTIAL CONVERSION: Boundaries: Applicable to the Lower Polk Street NCD

Controls: A Residential Use may be converted to an Institutional Use, other than a Medical Cannabis Dispensary, as a Conditional Use on the third story and above if in addition to the criteria set forth in § 317, the Commission finds that:

(a) The structure in which the Residential Use is to be converted has been found eligible for listing on the National Register of Historic Places;

(b) The proposed use is to be operated by a nonprofit public benefit corporation; and

(c) No legally residing residential tenants will be displaced.

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its onequarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3) C if a Macro WTS Facility; P if a Micro WTS Facility.

(4) P if accessory to a Hotel, Personal Service or Health Service.

(5)2 P where existing use is any Automotive Use.

(6) TOBACCO PARAPHERNALIA ESTABLISHMENTS – Tobacco Paraphernalia Establishments are not permitted in the Lower Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. A special definition of “Tobacco Paraphernalia Establishments” set forth in Section 102 applies to parcels in the Lower Polk Street Neighborhood Commercial District. Additionally, a legal non-conforming Tobacco Paraphernalia Establishment in the Lower Polk Street Neighborhood Commercial District is deemed abandoned after 180 days of non-use.

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 70-24, File No. 231225, App. 4/5/2024, Eff. 5/6/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

24, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 70-24, File No. 231225, App. 4/5/2024, Eff. 5/6/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 744 added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 204-14 , File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 2015 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 758 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (4) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (4) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (5)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Note (6) added; Ord. 70-24 , Eff. 5/6/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 7-20.

2. Note “(5)” is referenced as “(4)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(4)” previously had been added to this section by Ord. 233-21.

SEC. 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT.

The Inner Taraval Street Neighborhood Commercial District is located along Taraval Street between 19th and Forest Side Avenues in the Inner Sunset neighborhood. It is separated from the Taraval Street Neighborhood Commercial District by 19th Avenue. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

al District is located along Taraval Street between 19th and Forest Side Avenues in the Inner Sunset neighborhood. It is separated from the Taraval Street Neighborhood Commercial District by 19th Avenue. The District is a small-scale linear shopping street which provides convenience goods and services to the surrounding neighborhood as well as limited comparison shopping goods for a wider market.

The District controls provide for mixed-use buildings which approximate or moderately exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the District, and promote continuous retail frontage. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Table 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Table 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

(Added by Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; amended by Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-2, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-2, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 745 added by Ord. 261-13 , File No. 130084, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (1) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (4) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (4) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (5)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-2 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-2 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 233-21 and Ord. 37-22.

2. Note “(5)” is referenced as “(4)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(4)” previously had been added to this section by Ord. 233-21.

SEC. 746. LELAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT.

The Leland Avenue Neighborhood Commercial District is located on Leland Avenue between Bayshore Boulevard and Cora Street in southeast San Francisco. Leland Avenue abuts the Schlage Lock Company Visitacion Valley factory site, which closed in 1999 and is identified in the Visitacion Valley/Schlage Lock Plan. Leland Avenue is located within Zone 2 of the Visitacion Valley/Schlage Lock Special Use District. The Visitacion Valley Greenway, a series of six parks that are part of the City’s Crosstown Trail, ends at Leland Avenue. The District aims to cultivate a vibrant, pedestrian-friendly commercial corridor that serves the diverse needs of the local community while preserving the unique character and charm of the neighborhood. The District is in close proximity to the Caltrain Bayshore Station and light rail.

Buildings in the District typically range in height from two to four stories with occasional one-story commercial buildings. Future commercial growth is directed to the ground story to promote continuous and active retail frontage. Neighborhood-serving businesses are strongly encouraged.

Table 746. LELAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(2) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(3) P where existing use is any Automotive Use.

(4) P if accessory to a Hotel, Personal Service, or Health Service.

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(Added by Ord. 23-25, File No. 241121, App. 3/7/2025, Eff. 4/7/2025; amended by Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) (Former Sec. 746 added by Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 759 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25, Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26, Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTE

1. So in Ord. 245-25.

SEC. 747. [REDESIGNATED.]

(Added by Ord. 228-14, File No. 120814, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 126-15, File No. 150081, App. 7/17/2015, Eff. 8/16/2015; amended by Ord. 33-16, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated as Section 760 and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 748. [REPEALED.]

(Added by Ord. 229-15, File No. 151126, App. 12/22/2015, Eff. 1/21/2016; amended by Ord. 33-16, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; repealed by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

SEC. 750. NCT-1 – NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT.

NCT-1 Districts are intended to serve as local neighborhood shopping districts, providing convenience retail goods and services for the immediately surrounding neighborhoods primarily during daytime hours. NCT-1 Districts are located near major transit services. They are small mixed-use clusters, generally surrounded by residential districts, with small-scale neighborhood-serving commercial uses on lower floors and housing above. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for

residential uses, including open space and exposure, and urban design guidelines. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on critical stretches of commercial and transit street frontages to preserve and enhance the pedestrian-oriented character and transit function. Residential parking is not required and generally limited. Commercial establishments are discouraged from building excessive accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic.

NCT-1 Districts are generally characterized by their location in residential neighborhoods. The commercial intensity of these districts varies. Many of these districts have the lowest intensity of commercial development in the City, generally consisting of small clusters with three or more commercial establishments, commonly grouped around a corner; and in some cases short linear commercial strips with low-scale, interspersed mixed-use (residential-commercial) development. Building controls for the NCT-1 District promote low-intensity development which is compatible with the existing scale and character of these neighborhood areas. Commercial development is limited to one story, with certain exceptions. Rear yard requirements at all levels preserve existing backyard space.

NCT-1 commercial use provisions encourage the full range of neighborhood-serving convenience retail sales and services at the First Story provided that the Use Size generally is limited to 3,000 square feet. However, commercial uses and features which could impact residential livability are prohibited, such as auto uses, general advertising signs, drive-up facilities, hotels, and late-night activity.

Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1

ZONING CONTROL TABLE

Street Frontage and Public Realm

* Not listed below

(1) C required for ground floor Residential Use when street frontage is listed in Section 145.4(b).

(2) Canopy is P if required as a wind mitigation feature.

(3) [Note deleted.]

(4) P if located more than ¼ mile from any NC District or Restricted Use Subdistrict with more restrictive controls; otherwise, same as more restrictive control.

(5) [Note deleted.]

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) [Note deleted.]

(8) [Note deleted.]

(9) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(10) P if accessory to a Hotel, Personal Service or Health Service.

(11)1 P where existing use is any Automotive Use.

(12) C for 5,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Notes (7) and (8) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (9) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Notes (5) and (8) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (9) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (12) added; Ord. 248-23 , Eff. 1/14/2024. Third introductory paragraph and Zoning Control Table amended; Note (7) deleted; Ord. 249-23 , Eff.

1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material, Zoning Control Table, and Note (1) amended; Note (2) added; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21. 2. So in Ord. 245-25.

SEC. 751. NCT-2 – SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

NCT-2 Districts are transit-oriented mixed-use neighborhoods with small scale commercial uses near transit services. The NCT-2 Districts are mixed use districts that support neighborhood-serving commercial uses on lower floors and housing above. These Districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services. The District’s form is generally linear along transit-priority corridors, though may be concentric around transit stations or in broader areas where multiple transit services criss-cross the neighborhood. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for residential uses, including open space and exposure, and urban design guidelines. There are prohibitions on access (e.g., driveways, garage entries) to off-street parking and loading on critical stretches of commercial and transit street frontages to preserve and enhance the pedestrian-oriented character and transit function. Residential parking is not required and generally limited. Commercial establishments are discouraged from building excessive accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic.

NCT-2 Districts are intended to provide convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market. The range of comparison goods and services offered is varied and often includes specialty retail stores, restaurants, and neighborhood-serving offices. The small-scale district controls provide for mixed-use buildings, which approximate or slightly exceed the standard development pattern. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks.

Most new commercial development is permitted at the ground and second stories. Neighborhood-serving businesses are strongly encouraged. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Parking and hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Zoning Category § References Controls

• Not listed below

(1) C required for ground floor residential use when street frontage is listed in Section 145.4(b).

(2) [Note deleted.]

• (3) [Note deleted.]

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (5) [Note deleted.]

• (6) [Note deleted.]

(7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (8) P if accessory to a Hotel, Personal Service or Health Service.

• (9)1 P where existing use is any Automotive Use.

(10) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord.

277-18, Eff. 12/21/2018. Zoning Control Table amended; Notes (5) and (6) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (6) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (10) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (5) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 3324 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material, Zoning Control Table, and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 752. NCT-3 – MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

(a) NCT-3 Districts are walkable and transit-oriented moderate- to high-density mixed-use neighborhoods of varying scale concentrated near transit services. The NCT-3 Districts are mixed use districts that support neighborhood-serving Commercial Uses on lower floors and housing above. These districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services. The district’s form can be either linear along transit-priority corridors, concentric around transit stations, or broader areas where transit services criss-cross the neighborhood. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to offstreet parking and loading on critical stretches of NC and transit streets to preserve and enhance the pedestrian-oriented character and transit function.

(b) NCT-3 Districts are intended in most cases to offer a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood, additionally providing convenience goods and services to the surrounding neighborhoods. NCT-3 Districts include some of the longest linear commercial streets in the City, some of which have continuous retail development for many blocks. Large-scale lots and buildings and wide streets distinguish the districts from smaller-scaled commercial streets, although the districts may include small as well as moderately scaled lots. Buildings may range in height, with height limits varying from four to eight stories.

(c) NCT-3 building standards permit moderately large Commercial Uses and buildings. Rear yards are protected at residential levels.

(d) A diversified commercial environment is encouraged for the NCT-3 District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Financial service uses generally are permitted with certain limitations at the first and second stories. Auto-oriented uses are somewhat restricted. Other retail businesses, personal services and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions.

(e) Housing development in new buildings is encouraged above the second story. Accessory Dwelling Units are permitted.

• Not listed below

(1) C required for ground floor residential use when street frontage is listed in Section 145.4(b).

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the NCT-3 Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3) CU FOR LIMITED FINANCIAL SERVICE AND OTHER USES

Boundaries: Applicable only for the parcels zoned NCT-3 on Market Street West of Octavia Boulevard.

Controls: A Conditional Use authorization is required for a Limited Financial Service, Design Professional, and Trade Office uses on the 1st story.

(4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) Liquor Stores operating only with a Type 20 ABC License (Beer and Wine sale only) are exempt from Conditional Use authorization and Principally Permitted.

(6) Arts Activities in the NCT-3 District are considered to be “active uses.” as defined in Section 145.4 of this Code.

(7) C for buildings with 10 or more Dwelling Units.

(8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P for parcels with frontage on Market Street, Howard Street, South Van Ness Avenue, or Mission Street.

(10)2 P where existing use is any Automotive Use.

(11) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(12)3 A Catering Use in this district may not distribute or deliver individual meals to customers directly from the lot, either by its own means, or through a third-party delivery service.

(13) The controls for Historic Buildings modified by Section 202.11 do not apply in portions of the NC-1 District that are located both in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets and in the Calle 24 Special Use District, for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Cannabis Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

s Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 18219, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 7820, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026 Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Notes (5) and (6) added; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Introductory material designated as divisions (a)-(e); divisions (a) and (c)-(e) and Zoning Control Table amended; Notes (5) and (6) replaced; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Division (d), Zoning Control Table, and Note (3) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (2) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Note (9)[1] added; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (10)2 added; Ord. 190-22 , Eff.

sition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (2) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Note (9)[1] added; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (10)2 added; Ord. 190-22 , Eff.

10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (11)

added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Note (12)[3] added; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Division (e), Zoning Control Table, and Note (1) amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (13) added; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note (9) was originally designated as Note (8) when added by Ord. 75-22. It was redesignated by the editor to avoid conflict with the existing Note (8) added by Ord. 233-21.

2. Note “(10)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because two notes designated as “(8)” previously had been added to this section by Ord. 233-21 and Ord. 75-22.

3. Note “(12)” is referenced as “(11)” in Ord. 249-23. The note was redesignated by the codifier because a note designated as “(11)” previously had been added to this section by Ord. 248-23.

4. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The SoMa Neighborhood Commercial Transit District (SoMa NCT) is located along the 6th Street and Folsom Street corridors in the South of Market. The commercial area provides a limited selection of convenience goods for the residents of the South of Market. Eating and drinking establishments contribute to the street’s mixed-use character and activity in the evening hours. A number of upper-story professional and business offices are located in the district, some in converted residential units.

olsom Street corridors in the South of Market. The commercial area provides a limited selection of convenience goods for the residents of the South of Market. Eating and drinking establishments contribute to the street’s mixed-use character and activity in the evening hours. A number of upper-story professional and business offices are located in the district, some in converted residential units.

The SoMa NCT has a pattern of ground floor commercial and upper story residential units. Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels. Active, neighborhood-serving commercial development is required at the ground story, curb cuts are prohibited and ground floor transparency and fenestration adds to the activation of the ground story. While offices and general retail sales uses may locate on the second story or above of new buildings, most commercial uses are prohibited above the second story. In order to protect the balance and variety of retail use, bars and liquor stores are allowed with a conditional use. Continuous retail frontage is promoted by prohibiting drive-up facilities, some automobile uses, and new non-retail commercial uses. Above-ground parking is required to be setback or below ground. Active, pedestrian-oriented ground floor uses are required.

Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot or by density controls, but by bedroom counts. Given the area’s central location and accessibility to the City’s transit network, parking for residential and commercial uses is not required. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

• Not listed below

• (1) C required for ground floor residential use when street frontage is listed in 145.4(b)

• (2) [Note deleted.]

• (3) [Note deleted.]

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility.

(5) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(6) P if accessory to a Hotel, Personal Service or Health Service.

(7)2 P where existing use is any Automotive Use.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; 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. 3324, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 735.69C and 735.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: 735.10 and 735.17 amended, 735.69, 735.69A, and 735.69B added; Specific Provisions: table title amended, 735.68 added, 735.85 amended; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 735.69, 735.69A, and 735.69B added [identical additions previously had been made by Ord. 140-11]; Specific Provisions: table title amended; Ord. 196-11 , Eff. 11/3/2011. Zoning Control Table: 735.43 and 735.44 amended, former categories 735.42, 735.67, and 735.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 735.13, 735.13a, 735.13b, 735.54, and 735.69B amended; Specific Provisions: 735.54 added, 735.68 deleted; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 735.37, 735.38, and 735.39 redesignated as 735.36, 735.37, and 735.38 and amended; new category 735.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 735.26 amended; Specific Provisions: 735.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 735.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 735.14, 735.15, 735.16, 735.17, and 735.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 735.1); Zoning Control Table: 735.54, 735.91, and 735.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 735.36, 735.37, 735.38, and 735.39 deleted, 735.96, 735.96 1 , and 735.97 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 735.10 amended; Ord. 102-16 , Eff. 7/24/2016. Introductory material amended; Zoning Control Table: 735.91 amended; Specific Provisions: 735.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 735.33A added; Ord. 166-16, Eff. 9/10/2016. Section redesignated (formerly Section 735); new Zoning Control Table and notes added; Ord. 129-17 , Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17 , Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17 , Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17 , Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18 , Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18 , Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18 , Eff. 1/7/2019. Zoning Control Table amended; Ord. 29618 , Eff. 1/12/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18 , Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20 , Eff. 5/25/2020. Zoning Control Table amended; Note (5) added; Ord. 78-20 , Eff. 6/22/2020. Zoning Control Table and Note (5) amended; Ord. 136-21 , Eff. 9/4/2021. Zoning Control Table amended; Note (6) added; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table and Note (6) amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22 , Eff. 6/13/2022. Zoning Control Table amended; Note (7)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff.

Eff. 1/22/2023. Zoning Control Table amended; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff.

1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 33-16.

2. Note “(7)” is referenced as “(6)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(6)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

(a) Background. The Mission Street Neighborhood Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Mission Street between 15th and Cesar Chavez Streets, and includes adjacent portions of 17th Street, 21st Street, 22nd Street, and Cesar Chavez Street. The commercial area of this District provides a selection of goods serving the day-to-day needs of the residents of the Mission District. Additionally, this District serves a wider trade area with its specialized retail outlets. Eating and drinking establishments contribute to the District’s mixed-use character and activity in the evening hours.

(b) Purpose. The purposes of the Mission Street Neighborhood Commercial Transit District include:

(1) To preserve and enhance the existing storefront configuration and size, signage, artwork, and other characterdefining elements of the built environment;

(2) To preserve the contributions of Legacy Businesses to the history and identity of the District;

(3) To retain, enhance, and promote active community involvement and input on development within the District by conducting thorough outreach to stakeholders and neighborhood groups and responding to community input; and

(4) To retain, enhance, and promote neighborhood-serving businesses and institutions that enhance economic and workforce opportunities for local residents by coordinating with the Office of Economic and Workforce Development to engage with the City’s workforce system to provide employment opportunities, career trainings, and formal partnerships to identify and address both business and community workforce needs.

(c) Controls.

(1) General Controls. The District is extremely well-served by transit, including regional-serving BART stations at 16th Street and 24th Street, major buses running along Mission Street, and both cross-town and local-serving buses intersecting Mission Street along the length of this district. Given the area’s central location and accessibility to the City’s transit network, accessory parking for residential uses is not required. Any new parking is required to be set back or be below ground.

ng BART stations at 16th Street and 24th Street, major buses running along Mission Street, and both cross-town and local-serving buses intersecting Mission Street along the length of this district. Given the area’s central location and accessibility to the City’s transit network, accessory parking for residential uses is not required. Any new parking is required to be set back or be below ground.

This District has a mixed pattern of larger and smaller lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. Ground story uses are required to include active commercial uses with storefronts facing the street. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by requiring ground floor commercial uses in new developments and prohibiting curb cuts. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing residential units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Accessory Dwelling Units are permitted within the District pursuant to Section 207.1 of this Code.

(2) Commercial Mergers. The consolidation or merger of existing ground floor commercial spaces that would result in greater than 1,500 gross square feet of consolidated or merged space shall require conditional use authorization pursuant to Section 303.

(3) First Story Non-Residential Tenant Space for Large Projects. Projects larger than 10,000 gross square feet shall be required to provide space for a non-residential tenant on the first story with immediate access to the street frontage. The non-residential tenant space shall not exceed 1,500 gross square feet.

(4) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new NonResidential Use to obtain Conditional Use authorization; provided, however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry.

(5) For any use subject to Conditional Use authorization under this Section 754, the Planning Commission shall find that the use supports at least three of the four purposes of the District as set forth in subsection (b) above.

• Not listed below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the Mission Street Neighborhood Commercial Transit District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35, unless Fringe Financial Service is a Non-Profit. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(3) C if a Macro WTS Facility; P if a Micro WTS Facility.

(4) Arts Activities and Catering uses located in the ground floor shall have active commercial activities facing Mission Street, per Section 145.4. These may be retail activities accessory to those uses or a separate business operating in the street-facing space.

(5) Light Manufacturing is not permitted in first-story spaces that front Mission Street.

• (6) Note deleted.

(7) The total number of Eating and Drinking uses (Restaurants, Limited Restaurants, and Bars) within the District shall not exceed 179. A new Restaurant, Limited Restaurant, or Bar shall not be permitted if it would result in a net total of more than 179 Eating and Drinking uses in the District. Accessory Limited Restaurants are not subject to and do not count toward the 179 cap on Eating and Drinking uses.

(8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(9) P if accessory to a Hotel, Personal Service or Health Service.

(10)1 P where existing use is any Automotive Use.

(11) The controls for Historic Buildings modified by Section 202.11 do not apply in this District for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Cannabis Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community

Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 17-18, File No. 171173, App. 2/9/2018, Eff. 3/12/2018; Ord. 20218, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 273-18, File No. 180803, App. 11/20/2018, Eff. 12/21/2018; Ord. 277, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 24823, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 736.69C and 736.69D added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: title amended, 736.13b amended, 736.69, 736.69A, and 736.69B added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 736.69, 736.69A, and 736.69B added; Ord. 196-11 , Eff. 11/3/2011. Zoning Control Table: 736.43 and 736.44 amended, former categories 736.42, 736.67, and 736.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: 736.13, 736.13a, 736.13b, 736.13c, 736.54, and 736.69B amended; Specific Provisions: 736.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 736.37, 736.38, and 736.39 redesignated as 736.36, 736.37, and 736.38 and amended; new category 736.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 736.26 amended; Specific Provisions: 736.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 736.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 736.14, 736.15, 736.16, 736.17, and 736.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 736.1); Zoning Control Table: 736.54, 736.91, and 736.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 736.36, 736.37, 736.38, and 736.39 deleted, 736.96 and 736.97 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 736.91 amended; Specific Provisions: 736.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 736.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 736; new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Introductory material and Zoning Control Table amended; Note (4) added; Ord. 17-18, Eff. 3/12/2018. Zoning Control Table amended;

Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Introductory material and Zoning Control Table amended; Note (4) added; Ord. 17-18, Eff. 3/12/2018. Zoning Control Table amended;

Ord. 202-18, Eff. 9/10/2018. Undesignated introductory material designated as (a) and (c)(1); divisions (b)-(b)(4) and (c) (2)-(5) added; Zoning Control Table amended; Notes (5), (6), and (7) added; Ord. 273-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 277, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Note (6) deleted; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table and Notes (2) and (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Division (c)(2), Zoning Control Table, and Note (7) amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (11) added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Ocean Avenue Neighborhood Commercial Transit District is located on Ocean Avenue from Howth Street to Manor Drive. Ocean Avenue is a multi-purpose transit-oriented small-scale commercial district. Ocean Avenue was developed as a streetcar-oriented commercial district in the 1920s and continues to serve this function, with the K-line streetcar on Ocean Avenue. Numerous other bus lines serve the area, especially the eastern end, where the Phelan Loop serves as a major bus terminus. The eastern end of the district is anchored by the main City College campus and direct linkages to the Balboa Park BART/MUNI rail station a couple blocks to the east, which serves as the southernmost San Francisco station for BART and the terminus of the J, K, and M streetcar lines. Because of the immediate proximity of the BART/MUNI station the district has quick and easy transit access to downtown.

The Ocean Avenue NCT District is mixed use, transitioning from a predominantly one- and two-story retail district to include neighborhood-serving commercial uses on lower floors and housing above. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for residential uses, including open space and exposure, and urban design guidelines. Access (i.e. driveways, garage entries) to off-street parking and loading is generally prohibited on Ocean Avenue to preserve and enhance the pedestrian-oriented character and transit function of the street. Residential and commercial parking are not required. The Ocean Avenue NCT District is intended to provide convenience goods and services to the surrounding neighborhoods as well as limited goods and services for a wider market. The range of goods and services offered is varied and includes retail stores, retail services, restaurants, and neighborhood-serving arts, entertainment, and institutional community uses. Buildings may range in height, with height limits generally allowing up to four or five stories. Lots are generally small to medium in size and lot consolidation is restricted to preserve the fine grain character of the district. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks. Active commercial, arts, entertainment, and institutional community uses are required at the ground level and permitted at the second story. For purposes of this Section, Arts Activities, Nighttime Entertainment, and Institutional Community Uses shall be considered “active commercial uses,” as described in Section 145.4 of this Code.

Housing development in new buildings is encouraged above the ground story. Existing residential units are protected by limitations on demolition and upper-story conversions. Accessory Dwelling Units are permitted.

Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

• Not listed below

(1) C required for ground floor Residential Use when street frontage is listed in 145.4(b)

(2) In the Ocean Avenue NCT District, Arts Activities, Nighttime Entertainment, and Institutional Community Uses are considered to be “active uses,” as described in Section 145.4 of this Code.

• (3) [Note deleted.]

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (5) A Health Service Use requires a Conditional Use authorization on the ground story whether it is Principal or Accessory.

• (6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (7) P if accessory to a Hotel, Personal Service or Health Service.

• (8)2 P where existing use is any Automotive Use.

(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 66-14 , File No. 140097, App. 5/14/2014, Eff. 6/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 209-15 , File No. 150271, App. 12/16/2015, Eff. 1/15/2016; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 225-18, File No. 180483, App. 10/5/2018, Eff. 11/5/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 30318, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Zoning Control Table: 737.68 and 737.68A added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: title amended, 737.10 and 737.17 amended, designation of category 737.38 corrected, 737.39a amended; former categories 737.68 and 737.68A redesignated as rows 737.69C and 737.69D, 737.69, 737.69A, and 737.69B added; Specific Provisions: 737.68 added; Ord. 140-11, Eff. 8/4/2011. Zoning Control Table: 737.43 and 737.44 amended, former categories 737.42, 737.67, and 737.69A deleted; Ord. 75-12 , Eff. 5/23/2012. Introductory material amended; Zoning Control Table: 737.13, 737.13a, 737.13b, 737.13c, 737.54, and 737.69B amended; Specific Provisions: 737.54 added, 737.68 deleted; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 737.38, 737.39, and 737.39a redesignated as 737.36, 737.37, and 737.38 and amended; new category 737.39 added; Ord. 287-13 , Eff. 1/25/2014. Specific Provisions: 737.84 amended; Ord. 66-14 , Eff. 6/13/2014. Zoning Control Table: 737.26 amended; Specific Provisions: 737.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 737.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 737.14, 737.15, 737.16, 737.17, and 737.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 737.1); Zoning Control Table: 737.54, 737.91, and 737.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Ord. 209-15 , Eff. 1/15/2016. Zoning Control Table: former categories 737.36, 737.37, 737.38, and 737.39 deleted, 737.96, 737.97, and 737.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 737.91 amended; Specific Provisions: 737.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 7.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 737); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table and Note (1) amended; Note (5) added; Ord. 225-18, Eff. 11/5/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 30318, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Note (2) added; Ord. 71-20, Eff. 6/1/2020. Zoning Control Table amended; Note (6) added; Ord.

ning Control Table amended; Note (3) deleted; Ord. 30318, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Note (2) added; Ord. 71-20, Eff. 6/1/2020. Zoning Control Table amended; Note (6) added; Ord.

78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (5) amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (5) and (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)2 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 129-17.

2. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

3. So in Ord. 245-25.

**Editor’s Note:

Ordinance 186-17, effective October 15, 2017, requires that “No more than three MCDs shall be permitted at any given time within the boundaries of Supervisorial District 11.”

SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Glen Park Neighborhood Commercial Transit (NCT) District lies primarily along Diamond Street from Chenery Street to Monterey Boulevard and Chenery Street from Thor Avenue to Castro Street and includes adjacent portions of Wilder Street, Bosworth Street, Joost Avenue and Monterey Boulevard. The district is mixed use, with predominantly two and three story buildings with neighborhood-serving commercial and retail uses on lower floors and housing or offices above. The area is well-served by both local and regional transit including the Glen Park BART station, Muni bus lines, and a Muni light rail stop (J-Church).

The Glen Park NCT is designed to protect and enhance the neighborhood’s intimate scale, walkability and “village” atmosphere. Human-scaled buildings with neighborhood-serving uses such as specialty retail stores, restaurants, and local offices are encouraged. Buildings may range in height, with height limits allowing up to three and four stories depending on location. Rear yard corridors above the ground story and at residential levels are generally preserved.

hood’s intimate scale, walkability and “village” atmosphere. Human-scaled buildings with neighborhood-serving uses such as specialty retail stores, restaurants, and local offices are encouraged. Buildings may range in height, with height limits allowing up to three and four stories depending on location. Rear yard corridors above the ground story and at residential levels are generally preserved.

Commercial uses are encouraged at the ground story. Retail frontages and pedestrian-oriented streets are protected by limiting curb cuts (i.e. driveways, garage entries) as well as requiring ground floor commercial uses on portions of Diamond and Chenery Streets. Housing development is encouraged above the ground story. Housing density is not controlled by the size of the lot but by dwelling unit standards, physical envelope controls and unit mix requirements. Given the area’s location and accessibility to the transit network, accessory parking for residential and commercial uses is not required. Any new parking is required to be set back to support a pedestrian friendly streetscape. Accessory Dwelling Units are permitted.

Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

Housing Choice-SF § 206.10 Form-based density, additional height, and other zoning modifications for eligible projects in the R-4 Height and Bulk District.

Zoning Category § References Controls

NON-RESIDENTIAL STANDARDS AND USES

• Not listed below

• (1) C required for ground floor residential use when street frontage is listed in 145.4(b)

• (2) [Note deleted.]

• (3) [Note deleted.]

• (4) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (5) [Note expired.]

• (6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (7) P if accessory to a Hotel, Personal Service or Health Service.

• (8)1 P where existing use is any Automotive Use.

(Added by Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; amended by 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 168-18, File No. 180191, App. 7/17/2018, Eff. 8/17/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No.

230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 738.10, 738.13, 738.13a, 738.13b, 738.13c, 738.43, 738.44, 738.54, and 738.69B amended, former categories 738.42, 738.67, and 738.69A deleted; Specific Provisions: 738.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: former categories 738.38, 738.39, and 738.39a redesignated as 738.36, 738.37, and 738.38 and amended; new category 738.39 added; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: 738.26 amended; Specific Provisions: 738.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 738.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 738.14, 738.15, 738.16, 738.17, and 738.30 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 738.1); Zoning Control Table: 738.54, 738.91, and 738.92 amended; Ord. 30-15 , Eff. 4/25/2015. Introductory material amended; Zoning Control Table: 738.91 amended; Specific Provisions: 738.91 added; Ord. 161-15 , Eff. 10/18/2015. Zoning Control Table: former categories 738.36, 738.37, 738.38, and 738.39 deleted, 738.96, 738.97, and 738.98 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 738.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 738.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 738); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Note (5) added; Ord. 168-18, Eff. 8/17/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Note (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Note (5) expired 8/17/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff.

4/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Note (5) expired 8/17/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff.

1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

Editor’s Notes:

See also Ord. 36-12, File No. 111306, App. 2/21/2012, Eff. 3/22/2012, “Zoning Map Amendments - Glen Park Area Plan.”

See also Ord. 37-12, File No. 111307, App. 2/21/2012, Eff. 3/22/2012, “Ordinance amending the San Francisco General Plan by adding the Glen Park Area Plan....”

SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Folsom Street Neighborhood Commercial Transit District (Folsom Street NCT) is located along Folsom Street in the Western SoMa area, generally between 7th Street and 10th Streets.

The Folsom Street NCT has a pattern of ground floor commercial and upper story residential units. Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels. Active, neighborhood-serving commercial development is required at the ground story where transparency and fenestration requirements add to the activation at the street level. While offices and general retail sales uses may locate on the second story, most commercial uses are prohibited above the second story. In order to protect the balance and variety of retail use, bars and restaurants are permitted on the ground floor, and liquor stores are allowed with a conditional use. Continuous non-residential frontage is promoted by prohibiting drive-up facilities, some automobile uses, and permitting a mix of commercial and production, distribution, and repair uses. Parking is required to be setback if above grade or locate below ground. Active, pedestrian-oriented ground floor uses are required.

Housing development in new buildings is encouraged above the ground story, and student housing is only permitted in newly constructed buildings. Housing density is not controlled by the size of the lot or by density controls, but by bedroom counts. Given the area’s central location and accessibility to the City’s transit network, parking for residential and commercial uses is not required. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

• Not listed below

• (1) NP on 1st floor on lots with more than 25 feet of street frontage

• (2) Ingress/egress onto alleys, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts is NP

• (3)3 P for properties fronting Folsom Street between 7th Street and Division Street.

• (4) P for grooming and daycare only; no 24 hour care.

• (5) NP above 25 rooms per Hotel.

• (6) NP above 10,000 Gross Square Feet per Lot.

• (7) P in Historic Buildings pursuant to Section 202.11.

• (8) P on first or second floor, but not both.

• (9) C if a Macro WTS Facility; P if a Micro WTS Facility.

(10) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(11) P if accessory to a Hotel, Personal Service or Health Service.

• (12)1 P where existing use is any Automotive Use.

• (13)2 P on properties fronting Folsom Street between 7th Street and Division Street.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; 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. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 743.26 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 743.92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: 743.14, 743.15, 743.16, and 743.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 743.1); Zoning Control Table: 743.54, 743.91, and 743.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 743.37, 743.38, and 743.39 deleted, 743.96, 743.97, and 743.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 743.10 amended; Ord. 102-16 , Eff. 7/24/2016. Introductory material amended; Zoning Control Table: 743.91 amended; Specific Provisions: 743.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 743.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 743); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff.

1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (10) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (10) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (11) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (11) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (12)1 added; Ord. 190-22 , Eff.

10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (13)[2] added; Ord. 22-23 , Eff. 3/26/2023. Zoning Control Table amended; Note (3) added; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Note (7) deleted; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (7) added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(12)” is referenced as “(11)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(11)” previously had been added to this section by Ord. 233-21.

2. Note “(13)” is referenced as “(10)” in Ord. 22-23. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 78-20.

3. So in Ord. 70-23.

4. So in Ord. 245-25.

Editor’s Note:

See also Sec. 703.9, “Preservation of Historic Buildings Within the Folsom Street NCT and RCD Districts.”

SEC. 758. REGIONAL COMMERCIAL DISTRICT.

The Regional Commercial District (RCD) is located along the 9th Street and 10th Street corridors, generally running from Mission Street to Harrison Street, and provides for a wide variety of commercial uses and services to a population greater than the immediate neighborhood. While providing convenience goods and services to the surrounding neighborhood, the RCD corridors are also heavily trafficked thoroughfares into and out of the City that serve shoppers from other neighborhoods and cities.

Large-scale lots and buildings and wide streets distinguish the RCD from smaller-scaled neighborhood commercial streets, although the district also includes small as well as moderately scaled lots. Buildings typically range in height from

two to four stories with occasional taller structures.

A diverse commercial environment is encouraged for the RCD. Eating and drinking establishments, general retail, office, certain auto uses, and production, distribution, and repair uses generally are permitted with certain limitations at the first and second stories. Arts Activities are encouraged on all floors and Nighttime Entertainment uses are allowed on the First and Second Stories in historic buildings with Conditional Use authorization, except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 (currently St. Joseph’s Church at 1401 Howard Street) and on properties fronting Folsom Street between 7th Street and Division Street.

Housing development is encouraged at the second story and above, and permitted on the ground floor on smaller lots. Student housing is not permitted, and existing residential units are protected by limitations on demolitions and conversions. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 758. REGIONAL COMMERCIAL DISTRICT

• Not listed below

(1) NP on 1st floor on lots with more than 25 feet of street frontage.

(2) Allowed with C so long as there is no ingress/ egress onto alleys, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts

(3) C on First and Second Story in historic buildings and P in Article 10 Landmark Building No. 120 (St. Joseph’s Church at 1401 Howard Street) per Section 703.9, and P on properties fronting Folsom Street between 7th Street and Division Street.

• (4) P for properties fronting Folsom Street between 7th Street and Division Street.

• (5) P up to 10,000 gross square feet per lot; NP above.

• (6) P when primarily open to the general public on a client-oriented basis.

• (7) P on first or second floor, but not on both; P on all floors in Historic Buildings.

• (8) P for grooming and daycare only; no 24 hour care.

• (9) C for buildings with 10 or more Dwelling Units.

• (10) P if accessory to a Hotel, Personal Service or Health Service.

• (11)1 P where existing use is any Automotive Use.

• (12)3 P in Historic Buildings pursuant to Section 202.11.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 204-14 , File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 102-16 , File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; 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; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 7522, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1- 26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

rd. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1- 26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Zoning Control Table: 744.21 amended; Ord. 42-13 , Eff. 4/27/2013. Zoning Control Table: 744.21 amended; Ord. 204-14 , Eff. 11/8/2014. Zoning Control Table: 744.26 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: 744.14, 744.15, 744.16, and 744.17 amended; Ord. 20-15 , Eff. 3/22/2015. Section redesignated (formerly Sec. 744.1); Zoning Control Table: 744.54, 744.91, and 744.92 amended; Ord. 30-15 , Eff. 4/25/2015. Zoning Control Table: former categories 744.37, 744.38, and 744.39 deleted, 744.96, 744.97, and 744.98 added; Ord. 33-16 , Eff. 4/10/2016. Zoning Control Table: 744.10 amended; Ord. 102-16 , Eff. 7/24/2016. Introductory material amended; Zoning Control Table: 744.91 amended; Specific Provisions: 744.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 744.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 744); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; [former] Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018.

Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; [former] Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018.

Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 30318, Eff. 1/21/2019. Introductory material and Zoning Control Table amended; Note (3) added; Ord. 115-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)2 added; Ord. 19022 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Introductory material and Note (3) amended; Ord. 22-23 , Eff. 3/26/2023. Zoning Control Table and Note (3) amended; Note (4) added; Ord. 70-23 , Eff. 6/3/2023. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (12)[3] added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

3. Note “(12)” is referenced as “(7)” in Ord. 37-26. The note was redesignated by the codifier because a note designated as “(7)” already existed.

Editor’s Note:

See also Sec. 703.9, “Preservation of Historic Buildings Within the Folsom Street NCT and RCD Districts.”

SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Divisadero Street Neighborhood Commercial Transit District (“Divisadero Street NCT”) extends along Divisadero Street between Haight and O’Farrell Streets. Divisadero Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. The District has an active and continuous commercial frontage along Divisadero Street for most of its length. Divisadero Street is an important public transit corridor and throughway street. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods for a wider market.

The Divisadero Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Consistent with Divisadero Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business and professional offices. Additional flexibility is offered for second-floor Eating and Drinking, Entertainment, and Trade Shop uses in existing non-residential buildings to encourage the preservation and reuse of such buildings. Hotels are monitored at all stories. Limits on late-night activity, drive-up facilities, and other automobile uses protect the livability within and around the district, and promote continuous retail frontage.

If the Planning Department determines that any site proposed for residential development and located within the Divisadero Street NCT has received a 50% or greater increase in residential densities over prior zoning through the

adoption of Ordinance No. 127-15, any development project that is subject to the Inclusionary Affordable Housing Program on such site shall pay the Affordable Housing Fee, or provide one of the Alternatives to Payment of the Affordable Housing Fee, set forth in Planning Code Sections 415 et seq. , except that the amount of the Affordable Housing Fee or Alternatives to Payment of the Affordable Housing Fee shall be modified as set forth in Planning Code Sections 428 et seq.

Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

• Not Listed Below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) P on the Second Story of existing buildings which have had no immediately prior second-story Residential Use, otherwise NP.

(3) [Note deleted.]

• (4) [Note deleted.]

(5) (a) Liquor Stores are not permitted within the Divisadero Street NCT, except Liquor Stores are P for the buildings located on Assessor’s Block 1215 Lots 018-089. Liquor Store uses which become inactive for more than 180 days may not be reestablished. A lawfully existing Liquor Store may relocate within the district with Conditional Use authorization;

(b) Liquor Stores, General Grocery Stores, and Specialty Grocery Stores shall comply with the following Good Neighbor requirements:

(i) The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Streets and Sidewalk Maintenance Standards. In addition the operator shall be responsible for daily monitoring of the sidewalk within a one-block radius of the subject business to maintain the sidewalk free of litter associated with the business during business hours in accordance with Article 1 Section 34 of the San Francisco Police Code. For information about compliance, contact Bureau of Street Use and Mapping, Department of Public Works.

(ii) The business operator shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residences.

(iii) No more than one-third of the square footage of the windows and clear doors of the business shall bear advertising or signage of any sort and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises including the area in which the cash registers are maintained from the exterior public sidewalk or entrance to the premises.

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Divisadero Street NCD. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(7) C if a Macro WTS Facility; P if a Micro WTS Facility.

(8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(9) P if accessory to a Hotel, Personal Service or Health Service.

(10)1 P where existing use is any Automotive Use.

(11) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 117-24, File No. 240263, App. 6/21/2024, Eff. 7/22/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Section redesignated (formerly Sec. 746.1); section header and introductory material amended; Zoning Control Table: 746.91 and 746.92 amended; Ord. 127-15 , Eff. 8/16/2015. Zoning Control Table: former categories 746.36, 746.37, 746.38, and 746.39 deleted, 746.96, 746.97, and 746.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 746.91 amended; Specific Provisions: 746.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning

nd introductory material amended; Zoning Control Table: 746.91 and 746.92 amended; Ord. 127-15 , Eff. 8/16/2015. Zoning Control Table: former categories 746.36, 746.37, 746.38, and 746.39 deleted, 746.96, 746.97, and 746.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 746.91 amended; Specific Provisions: 746.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning

Control Table: 746.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 746); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Note (3) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff.

1/7/2019. Fourth paragraph added to introductory material; Ord. 295-18, Eff. 1/7/2019. Zoning Control Table amended; Note (4) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (6) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (8) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table and Notes (6) and (8) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (9) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (9) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (10)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (11) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Note (5) amended; Ord. 117-24 , Eff. 7/22/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 24525 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(10)” is referenced as “(9)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(9)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Fillmore Street Neighborhood Commercial Transit District (“Fillmore Street NCT”) extends along Fillmore Street between Bush and McAllister Streets. Fillmore Street’s dense mixed-use character consists of buildings with residential units above ground-story commercial use. Buildings range in height from one-story commercial buildings to high-rise towers. Fillmore Street and Geary Boulevard are important public transit corridors. The commercial district provides convenience goods and services to the surrounding neighborhoods as well as shopping, cultural, and entertainment uses that attract visitors from near and far.

The Fillmore Street NCT controls are designed to encourage and promote development that enhances the walkable, mixed-use character of the corridor and surrounding neighborhoods. Rear yard requirements at residential levels preserve open space corridors of interior blocks. Housing development in new buildings is encouraged above the ground story. Accessory Dwelling Units are permitted.

Consistent with Fillmore Street’s existing mixed-use character, new commercial development is permitted at the ground and second stories. Most neighborhood- and visitor-serving businesses are strongly encouraged. Controls on new Formula Retail uses are consistent with Citywide policy for Neighborhood Commercial Districts. The second story may be used by some retail stores, personal services, and medical, business, and professional offices. Parking and hotels are monitored at all stories. Limits on drive-up facilities and other automobile uses protect the livability within and around the district and promote continuous retail frontage.

Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

* Not listed below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Fillmore Street NCD.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). ’

(3) C if a Macro WTS Facility; P if a Micro WTS Facility.

(4) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(5) P if accessory to a Hotel, Personal Service or Health Service.

(6)1 P where existing use is any Automotive Use.

(7) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 228-14 , File No. 120814, App. 11/13/2014, Eff. 12/13/2014; redesignated and amended by Ord. 126-15 , File No. 150081, App. 7/17/2015, Eff. 8/16/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; redesignated and amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674,

App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 24823, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Section redesignated (formerly Sec. 747.1); section header and introductory material amended; Zoning Control Table: 747.91 and 747.92 amended; Ord. 126-15 , Eff. 8/16/2015. Zoning Control Table: former categories 747.36, 747.37, 747.38, and 747.39 deleted, 747.96, 747.97, and 747.98 added; Ord. 33-16 , Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 747.91 amended; Specific Provisions: 747.91 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: 747.33A added; Ord. 166-16 , Eff. 9/10/2016. Section redesignated (formerly Section 747); new Zoning Control Table and notes added; Ord. 129-17, Eff. 7/30/2017. Previous Zoning Control Table and Specific Provisions deleted; Ord. 130-17, Eff. 7/30/2017. Zoning Control Table amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Zoning Control Table and Note (2) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (4) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (2) and (4) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (5) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (5) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (6)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (7) added; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(6)” is referenced as “(5)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(5)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Hayes-Gough Neighborhood Commercial Transit District is located within walking distance of the Civic Center, lying west of Franklin Street and east of Laguna Street, with its southern edge generally at Lily Street, with an extension south along both sides of Octavia Boulevard to Market Street. This mixed-use commercial district contains a limited range of retail commercial activity, which primarily caters to the immediate need of the neighborhood. The few comparison goods that it does provide attract clientele from a wider area outside its neighborhood, mostly the Performing Arts and Civic Center workers and visitors. There are a number of restaurants and art galleries, but other types of retail activity are limited.

The Hayes-Gough District controls are designed to allow for growth and expansion that is compatible with the existing building and use scales. Building standards protect the moderate building and Use Size and require rear yards at residential levels. To maintain the mixed-use character of the district, most commercial uses are permitted at the first and

second stories and housing is strongly encouraged. Retail sales activity, especially neighborhood-serving businesses, is further promoted by restricting new ground-story medical, business and professional offices. To protect continuous frontage, drive-up and most automobile uses are prohibited, above-ground parking is required to be setback or below ground, and active, pedestrian-oriented ground floor uses are required on Hayes Street and portions of Octavia Boulevard. Housing development in new buildings is encouraged, and is controlled not by lot area but by physical envelope controls. Given the area’s central location and accessibility to the downtown and to the City’s transit network, accessory parking for Residential Uses is not required. The code controls for this district are supported and augmented by design guidelines and policies in the Market and Octavia Area Plan of the General Plan. Accessory Dwelling Units are permitted.

y lot area but by physical envelope controls. Given the area’s central location and accessibility to the downtown and to the City’s transit network, accessory parking for Residential Uses is not required. The code controls for this district are supported and augmented by design guidelines and policies in the Market and Octavia Area Plan of the General Plan. Accessory Dwelling Units are permitted.

• Not listed below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) [Note deleted.]

(3) [Note deleted.]

(4) Subject to the restrictions set forth in Section 249.35, including, but not limited to, the proximity restrictions set forth in subsection 249.35(c)(3).

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(6) C for buildings with 10 or more Dwelling Units.

(7) P if accessory to a Hotel, Personal Service or Health Service.

(8)1 P where existing use is any Automotive Use.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (7) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (7) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (8)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(8)” is referenced as “(7)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(7)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Valencia Street Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Valencia Street between 14th and Cesar Chavez (Army) Street, and includes a portion of 16th Street extending west toward Dolores Street. The commercial area provides a limited selection of convenience goods for the residents of sections of the Mission and Dolores Heights. Valencia Street also serves a wider trade area with its retail and wholesale home furnishings and appliance outlets. The commercial district also has several automobile-related businesses. Eating

and drinking establishments contribute to the street’s mixed-use character and activity in the evening hours. A number of upper-story professional and business offices are located in the district, some in converted residential units.

The Valencia Street District has a pattern of large lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate-scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by prohibiting drive-up facilities and some automobile uses, and limiting new nonretail commercial uses. Parking is not required, and any new parking is required to be set back or below ground. Active, pedestrian-oriented ground floor uses are required.

Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing residential units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Given the area’s central location and accessibility to the City’s transit network, accessory parking for Residential Uses is not required. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

• Not listed below

(1) C required for ground floor residential use when street frontage is listed in 145.4(b)

(2) [Note deleted.]

• (3) [Note deleted.]

• (4) [Note deleted.]

(5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the Valencia Street Neighborhood Commercial Transit District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(6) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (7) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

• (8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(10) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 166-17, File No. 170820, App. 7/27/2017, Eff. 8/26/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 30318, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Table 762 added; Ord. 166-17, Eff. 8/26/2017. Zoning Control Table amended; Note * designated; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Zoning Control Table and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (7) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes (5) and (7) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Note (10) added; Ord. 248-23 , Eff. 1/14/2024. Second introductory paragraph and Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 763. 24TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The 24th Street – Mission Neighborhood Commercial Transit District is situated in the Inner Mission District on 24th Street between Bartlett Street and San Bruno Avenue. This mixed-use district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services to a wider trade area. The street has a great number of Latin American restaurants, grocery stores, and bakeries as well as other gift and secondhand stores. Most commercial businesses are open during the day while the district’s bars and restaurants are also active in the evening. Dwelling Units are frequently located above the ground-story commercial uses.

The 24th Street – Mission Neighborhood Commercial Transit District controls are designed to provide potential for new development consistent with the existing scale and character. Small-scale buildings and neighborhood-serving uses are encouraged, and rear yard corridors above the ground story and at residential levels are protected. Most commercial uses are encouraged at the ground story, while service uses are permitted with some limitations at the second story. Special controls are necessary to preserve the unique mix of convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, new bars are limited, and limitations apply to the development and operation of ground-story restaurants and entertainment uses. Continuous retail frontage along 24th Street is maintained and encouraged by prohibiting most automobile and drive-up uses, banning curb cuts, and requiring active, pedestrianoriented ground floor uses. Parking is not required, and any new parking required to be set back or below ground. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing housing units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Given the area’s central location and accessibility to the City’s transit network, accessory parking for Residential Uses is not required.

Table 763. 24TH STREET – MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

* Not listed below

• (1) C required for ground floor residential use when street frontage is listed in 145.4(b)

• (2) Additional limitations apply in the Calle 24 Special Use District per the requirements of Section 249.59.

• (3) Additional limitations apply in the Mission Alcoholic Beverage Special Use District per the requirements of Section 249.60.

(4) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): Boundaries: The FFSRUD and its ¼ mile buffer includes, but is not limited to, the 24th Street-Mission Neighborhood Commercial Transit District.

Controls: Fringe Financial Services are NP within any FFSRUD and its ¼ mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

• (6) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units.

(7) Permitted within buildings where (1) the subject lot has no frontage on 24th Street and (2) the subject building was originally constructed for a Production, Distribution or Repair Use. The requirements of Section 145.1 shall not apply to a use permitted under this Section 763.

• (8) P if accessory to a Hotel, Personal Service or Health Service.

(9)1 P where existing use is any Automotive Use.

(10) Health Service Uses are C on first story in the Calle 24 Special Use District per the requirements of Section 249.59.

(11) The controls for Historic Buildings modified by Section 202.11 do not apply in this District for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Cannabis Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

s Retail, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Hotel, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment, and all Uses within the Industrial Use category other than Agricultural and Beverage Processing 1 and Light Manufacturing.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Ord. 1-21, File No. 201060, App. 1/15/2021, Eff. 2/15/2021; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Introductory material, Zoning Control Table, and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (7) added; Ord. 1-21, Eff. 2/15/2021.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes

amended; Ord. 116-19, Eff. 7/29/2019. Zoning Control Table amended; Ord. 182-19 , Eff. 9/9/2019. Introductory material, Zoning Control Table, and Note (4) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (6) added; Ord. 78-20, Eff. 6/22/2020. Zoning Control Table amended; Note (7) added; Ord. 1-21, Eff. 2/15/2021.; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Notes

(4) and (6) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (8) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (8) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (9)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Second introductory paragraph and Zoning Control Table amended; Notes (2), (3), and (10) added; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Note (11) added; Ord. 37-26 , Eff. 4/11/2026.

CODIFICATION NOTES

1. Note “(9)” is referenced as “(8)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(8)” previously had been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets.

jacent neighborhoods, but also serves as a shopping street for a broader trade area. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets.

This district is well served by transit and is anchored by the Market Street subway (with stations at Church Street and Castro Street) and the F-Market historic streetcar line. All light-rail lines in the City traverse the district, including the F, J, K, L, M, and N, and additional key cross-town transit service crosses Market Street at Fillmore and Castro Streets. Additionally, Market Street is a primary bicycle corridor. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on Market and Church Streets to preserve and enhance the pedestrian-oriented character and transit function.

The Upper Market Street Transit District controls are designed to promote moderate-scale development which contributes to the definition of Market Street’s design and character. They are also intended to preserve the existing mix of Commercial Uses and maintain the livability of the district and its surrounding residential areas. Large-lot and use development is reviewed for consistency with existing development patterns. Rear yards are protected at all levels. To promote mixed-use buildings, most Commercial Uses are permitted with some limitations above the second story. In order to maintain continuous retail frontage and preserve a balanced mix of Commercial Uses, ground-story neighborhoodserving uses are encouraged, and financial service uses are limited. Ground floor-commercial space is required along Market and Church Streets. Most Automotive Service and Drive-Up Facility uses are prohibited or conditional. Housing development in new buildings is encouraged. Accessory Dwelling Units are permitted.

Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT

ZONING CONTROL TABLE

Upper Market Street NCT

Division of Dwelling Units § 207.8 Division of existing Dwelling Units P per § 207.8

• Not listed below

• (1) C required for ground floor residential use when street frontage is listed in 145.4(b)

• (2) C not required if selling only beer and wine and not distilled spirits.

• (3) [Note deleted.]

• (4) [Note deleted.]

• (5) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD)

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Upper Market

Street NCT Neighborhood Commercial District.

Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3).

• (6) C if a Macro WTS Facility; P if a Micro WTS Facility.

(7) Clinics licensed as community and free clinics as defined under California Health and Safety Code Section 1204(a)(1) and clinics exempt from licensing under California Health and Safety Code Section 1206(b) are Principally Permitted Uses. Other Health Service uses are subject to the provisions of Section 303.1 of this Code.

(8) Arts Activities and Institutional Community Uses in the Upper Market Street NCT District are considered to be “active uses,” as defined in Section 145.4 of this Code.

(9) C for buildings with 10 or more Dwelling Units.

(10) P if accessory to a Hotel, Personal Service or Health Service.

(11)1 P where existing use is any Automotive Use.

(Added by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; amended by Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 285-18,

File No. 180806, App. 12/7/2018, Eff. 1/7/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table amended; Note (2) deleted; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table amended; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table amended; Ord. 285-18, Eff. 1/7/2019. Zoning Control Table amended; Note (3) deleted; Ord. 303-18, Eff. 1/21/2019. Zoning Control Table amended; Ord. 116-19, Eff. 7/29/2019. Undesignated introductory material and Zoning Control Table amended; Note (2) added; Note (4) amended; Notes (7) and (8) replaced; Ord. 182-19, Eff. 9/9/2019. Zoning Control Table amended; Ord. 205-19, Eff. 10/12/2019. Introductory material, Zoning Control Table, and Note (5) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Note (9) added; Ord. 78-20, Eff. 6/22/2020. Introductory material and Zoning Control Table amended; Note (4) deleted; Proposition H, 11/3/2020, Eff. 12/18/2020. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Zoning Control Table and Note (5) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table and Note (7) amended; Note (10) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Notes (7) and (10) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (11)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 264-22 , Eff. 1/22/2023. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 33-24 , Eff. 3/23/2024. Undesignated introductory material and Zoning Control Table amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table amended; Ord. 173-25; Eff. 10/6/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. Zoning Control Table amended; Ord. 37-26 , Eff. 4/11/2026. CODIFICATION NOTES

1. Note “(11)” is referenced as “(10)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(10)” previously had been added to this section by Ord. 233-21. 2. So in Ord. 245-25.

SEC. 780. NEIGHBORHOOD COMMERCIAL SPECIAL USE DISTRICTS.

Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, and protect environmental quality in neighborhood commercial areas, there shall be Neighborhood Commercial Special Use Districts. The designations, locations, and boundaries of these Neighborhood Commercial Special Use Districts shall be as shown on Sectional Maps of the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of Sections 105 and 106. In any Neighborhood Commercial Special Use District, the provisions of the applicable use district established by Section 702 shall prevail, except as specifically provided in the Section establishing the controls for the Neighborhood Commercial Special Use District. The provisions set forth in this Section shall be applicable to all property, whether public or private, therein.

ions 105 and 106. In any Neighborhood Commercial Special Use District, the provisions of the applicable use district established by Section 702 shall prevail, except as specifically provided in the Section establishing the controls for the Neighborhood Commercial Special Use District. The provisions set forth in this Section shall be applicable to all property, whether public or private, therein.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 349-95, App. 11/3/95; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY Section amended; Ord. 63-20, Eff. 5/25/2020. Section amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT.

In order to preserve the mix and variety of goods and services provided to the Lakeshore Acres, Crestlake, and Merced Manor neighborhood residents yet provide reasonable commercial expansion and intensification which would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Lakeshore Plaza Special Use District, generally located on the NC-S-zoned block bounded by Sloat Boulevard, Everglade Drive, Ocean Avenue, and Clearfield Drive, as designated on Sectional Map 13SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purpose and findings form a basis for special regulations and provide guidance for their application in the Lakeshore Plaza Special Use District.

(1) The Lakeshore Plaza District is located on a single nine-acre parcel, bounded by Sloat Boulevard, Ocean Avenue, Clearfield Drive and Everglade Drive. It is completely surrounded by the Lakeshore Acres, Crestlake and Merced Manor single-family neighborhoods. It was originally designed to be and functions as a small neighborhood shopping center, providing a variety of retail goods and services mainly to the surrounding neighborhoods. It exhibits a strong daytime and family orientation.

(2) The district contains three large low-scale buildings, which are removed from the street edge and surrounded by a number of off-street parking spaces, in a configuration which cannot accommodate new housing.

(3) Housing development in new buildings is encouraged.

(b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Lakeshore Plaza Special Use District, except as provided below:

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 42-89, App. 2/8/89; Ord. 245-08, File No. 080696; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; 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. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Division (b) amended; Ord. 129-17, Eff. 7/30/2017. Division (b) amended; Ord. 202-18, Eff. 9/10/2018. Division (b) amended; Ord. 63-20, Eff. 5/25/2020. Division (b) amended; Ord. 249-23, Eff. 1/14/2024. Division (b) amended; Ord. 3324, Eff. 3/23/2024. Division (a)(3) added; division (b) amended; Ord. 245-25, Eff. 1/12/2026.

SEC. 780.2. BAYSHORE-HESTER SPECIAL USE DISTRICT.

In order to preserve the potential mix and variety of goods and services provided to the Bayview, Little Hollywood and Visitation Valley neighborhood residents yet provide the possibility for reasonable expansion, intensification and/or reconstruction of an existing hostelry use in this area, which use and action would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Bayshore-Hester Special Use District, generally located on the northern end of the NC-S-zoned block bounded by Bayshore Boulevard and the loop of Hester Avenue, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purpose and findings form a basis for special regulations and provide guidance for their application in the Bayshore-Hester Special Use District.

(1) The Bayshore-Hester Special Use District is the northern portion of the block bounded by Bayshore Boulevard and the loop of Hester Avenue. It is completely surrounded by the Little Hollywood, Visitation Valley and Bayview singlefamily neighborhoods and is bordered on the east by U.S. Highway 101. It is developed with a motel with a coffee shop and a restaurant, which uses have been present thereon for at least 50 years.

(2) The district contains a cluster of one- and two-story buildings devoted to motel and restaurant use. Immediately to the south is a new residential development containing 26 one-family dwellings.

(b) Controls. All of the controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Bayshore-Hester Special Use District, except that a Motel or Tourist Hotel shall be permitted as a Conditional Use. (Added by Ord. 331-97, App. 8/19/97; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017) AMENDMENT HISTORY

Division (b) amended; table deleted; Ord. 129-17, Eff. 7/30/2017.

SEC. 780.3. [REPEALED.]

(Added by Ord. 245-08, File No. 080696; amended by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 157-15 , File No. 150681, App. 8/6/2015, Eff. 9/5/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 47-18, File No. 171108, App. 3/16/2018, Eff. 4/16/2018; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 117-20, File No. 200114, App. 7/31/2020, Eff. 8/31/2020; Ord. 182-20, File No. 200673, App. 10/2/2020, Eff. 11/2/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; repealed by Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025)

SEC. 780.4. MISSION-HARRINGTON SPECIAL USE DISTRICT.

In order to preserve the potential mix and variety of goods and services provided to the Excelsior, yet provide the possibility for reasonable commercial expansion and intensification which would not disrupt the residential character of the surrounding neighborhoods, there shall be a Mission-Harrington Special Use District, located at 4550 Mission Street, at the intersection with Harrington Street, at Assessor's Block 3148, Lot 1, as designated on the Special Use District Map SU11 of the Zoning Map of the City and County of San Francisco.

(a) Purpose and Findings. In addition to the purposes stated in Section 701 of this Code, the following purposes and findings form a basis for special regulations and provide guidance for their application in the Mission-Harrington Special Use District.

(1) The Mission-Harrington Special Use District is in the north-eastern part of the block bounded by Mission Street, Harrington Street, Norton Street and Alemany Boulevard, in the Excelsior. It is currently developed with a single-story commercial building, and has historically been used as a retail business. The rest of the lots on the same block, on Mission Street, are devoted to commercial uses, with some properties having residential uses above retail. Behind the commercial properties, there is a municipal parking lot; the remaining properties on the block are single family homes.

(2) The lot where the District is located has been underutilized for more than a decade. The Community has partnered with the City on numerous occasions to develop the site, without success.

(3) The District is located on a major transit-corridor and in a vibrant economic corridor. It is further in close

proximity to both a 50-X and 65-X Zone Height and Bulk Zone, in an appropriate location for high-density in-fill mixeduse development.

(b) Controls. All of the controls for the NC-3 District, as set forth in Section 712.1 and Table 712 of this Code, shall apply to the Mission-Harrington Special Use District, except as provided below:

(Added by Ord. 253-08, File No. 080883)

Editor's Note:

This section was originally designated 780.3 when enacted by Ord. 253-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material.

SEC. 781. NEIGHBORHOOD COMMERCIAL RESTRICTED USE SUBDISTRICTS.

(a) Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, protect environmental quality in neighborhood commercial areas, and control the expansion of certain kinds of uses which if uncontrolled may adversely affect the character of certain neighborhood commercial districts, there shall be Neighborhood Commercial Restricted Use Subdistricts. The designations, locations, and boundaries of these Neighborhood Commercial Restricted Use Subdistricts shall be as shown on Sectional Maps of the Zoning Map referred to in Sections 105 and 106 of this Code, subject to the provisions of Sections 105 and 106. In any Neighborhood Commercial Restricted Use Subdistrict the provisions of the applicable use district established by Section 702 shall prevail, except as specifically provided in the Section establishing the controls for

the Neighborhood Commercial Restricted Use Subdistrict. The provisions set forth in these Sections shall be applicable to all property, whether public or private, therein.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Section amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 781.1. TARAVAL STREET RESTAURANT SUBDISTRICT.

(a) Purpose. In order to preserve the mix and variety of goods and services provided to the Sunset and Parkside neighborhoods and City residents, prevent further proliferation of restaurant uses and prevent further aggravation of parking and traffic congestion in this district, there shall be a Taraval Street Restaurant Subdistrict, generally applicable for the NC-1-zoned portion of Taraval Street located between 40th and 41st Avenues and between 45th and 47th Avenues, and for the Inner Taraval Street Neighborhood Commercial District located between 12th and 19th Avenues, as designated on Sectional Maps SU05 and SU06 of the Zoning Map .

(b) Controls. The following provisions shall apply within such Subdistrict:

• (1) Restaurants and Limited-Restaurants are principally permitted on the First Story and below.

(2) Restaurants and Limited-Restaurants also defined as Formula Retail, as defined in Section 303.1 of this Code, shall not be permitted in this Subdistrict.

(3) The provisions of Sections 180 through 186.1 of this Code shall govern Restaurants and Limited-Restaurants also defined as Formula Retail, which existed lawfully at the effective date of this Code in this subdistrict.

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 140-11, File No. 110482, App.

7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Section amended in its entirety; Ord. 75-12 , Eff. 5/23/2012. [Former] nondesignated introductory material amended; Ord. 56-13 , Eff. 4/27/2013. Reference amended in [former] division (b); Ord. 235-14 , Eff. 12/26/2014. Undesignated introductory material designated as divisions (a) and (b) and amended; former divisions (a)-(c) redesignated as (b)(1)-(3) and amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (a) and (b)(1) amended; Ord. 249-23, Eff. 1/14/2024.

SEC. 781.2. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; repealed by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

SEC. 781.3. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 119-89, App. 4/21/89, Ord. 61-09, File No. 090181, App. 4/17/2009; repealed by Ord. 61-09, File No. 090181, App. 4/17/2009)

SEC. 781.4. GEARY BOULEVARD FORMULA RETAIL PET SUPPLY STORE AND FORMULA RETAIL EATING AND DRINKING SUBDISTRICT.

(a) Purpose. In order to preserve the mix and variety of goods and services provided to the Richmond neighborhood and City residents and prevent further proliferation of formula retail pet supply stores and eating and drinking uses, and prevent further aggravation of parking and traffic congestion in this district, there shall be a Geary Boulevard Formula

Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict, generally applicable for the NC-3-zoned portion of Geary Boulevard between 14th and 28th Avenues, as designated on Sectional Maps 3SU and 4SU of the Zoning Map .

(b) Controls. The following provisions shall apply within such Subdistrict:

(1) A Retail Use that is a pet supply store and also a Formula Retail use, as defined in Section 303.1 of this Code, shall not be permitted in this Subdistrict. For purposes of this section, a “pet supply store” shall be defined as a Retail Use which devotes more than 50% of its Occupied Floor Area to pet food, toys, apparatus, and similar pet items for sale.

(2) An Eating and Drinking use that is also a Formula Retail use shall not be permitted in this Subdistrict.

(3) The provisions of Sections 180 through 186.1 of this Code shall govern Formula Retail pet supply stores and eating and drinking uses which existed lawfully at the effective date of this Code in this Subdistrict. (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 170-11, File No. 110592, App.

8/8/2011, Eff. 9/7/2011; 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)

AMENDMENT HISTORY

Section header and section amended; Ord. 170-11, Eff. 9/7/2011. References amended in [former] division (a); Ord. 23514, Eff. 12/26/2014. Undesignated introductory paragraph designated as divisions (a) and (b) and amended; former division (a) redesignated as divisions (b)(1) and (b)(2) and amended; former division (b) redesignated as division (b)(3) and amended; Ord. 129-17, Eff. 7/30/2017.

SEC. 781.5. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; repealed by Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

SEC. 781.6. NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT.

(a) Purpose. In order to preserve the unique mixture of local, citywide and regional sales and services in the North Beach area, there shall be a North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, generally applicable for the portion of the North Beach Neighborhood Commercial District south of Greenwich Street, excluding Powell Street south of Union Street, as designated on Sectional Map SU01 of the Zoning Map .

• (b) Controls. The following provisions shall apply within such Subdistrict:

• (1) A Financial Service or a Limited Financial Service shall not be permitted in this Subdistrict.

• (2) A Retail Professional Service, Design Professional, and Trade Office shall not be permitted in this Subdistrict on the First Story.

(3) The provisions of Sections 180 through 186.1 of this Code shall govern Financial Services, Limited Financial Services, Retail Professional Services, Design Professional and Trade Offices that existed lawfully at the effective date of this Code in this Subdistrict.

(Added by Ord. 69-87, App. 3/13/87; Ord. 245-08, File No. 080696; amended by Ord. 129-17, File No. 170203, App.

6/30/2017, Eff. 7/30/2017; Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Undesignated introductory paragraph designated as divisions (a) and (b) and amended; former divisions (a) and (b) redesignated as division (b)(1) and amended; former division (c) redesignated as division (b)(2) and amended;

undesignated final paragraph designated as division (b)(3) and amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 197-21, Eff. 12/6/2021. Divisions (a) and (b)(2) amended; Ord. 249-23, Eff. 1/14/2024.

SEC. 781.7. CHESTNUT STREET FINANCIAL SERVICE SUBDISTRICT.

(a) Purpose. In order to preserve the unique mixture of sales and services in the Chestnut Street area, there shall be a Chestnut Street Financial Service Subdistrict, generally applicable for the NC-2-zoned portion of Chestnut Street, including NC-2-zoned portions of cross streets, between Webster and Broderick Streets, as designated on Sectional Map 2SU of the Zoning Map .

(b) Controls. The following provisions shall apply within such Subdistrict:

(1) A Financial Service or a Limited Financial Service shall be conditionally permitted in this Subdistrict pursuant to Sections 303 and 303.1(d).

(2) The provisions of Sections 180 through 186.2 of the Code shall govern Financial Services and Limited Financial Services which existed lawfully at the effective date of this Code in this Subdistrict.

(Added by Ord. 155-88, App. 4/7/88; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Undesignated introductory paragraph designated as divisions (a) and (b) and amended; former divisions (a) and (b) redesignated as divisions (b)(1) and (b)(2) and amended; Ord. 129-17, Eff. 7/30/2017. Division (b)(1) amended; Ord. 24923, Eff. 1/14/2024.

SEC. 781.8. MISSION ALCOHOLIC BEVERAGE SPECIAL USE SUBDISTRICT.

(See Interpretations related to this Section.)

For controls for the Mission Alcoholic Beverage Special Use District see Section 249.60. (Added by Ord. 256-96, App. 6/26/96; amended by Ord. 168-99, File No. 990543, App. 6/18/99; Ord. 177-00, File No. 000744, App. 7/28/2000; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

AMENDMENT HISTORY

Section amended in its entirety; Ord. 140-11, Eff. 8/4/2011.

SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT.

(a) Purpose. There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Haight-Ashbury neighborhood. A concentration of alcoholic beverage establishments in a neighborhood disrupts the desired mix of land uses that contribute to a livable neighborhood and discourages more desirable and needed commercial uses in the area. A concentration of establishments selling alcoholic beverages in an area may therefore contribute to the deterioration of the neighborhood and to the concomitant devaluation of property and destruction of community values and quality of life. These effects contribute to peace, health, safety and general welfare problems in these areas, including loitering, littering, public drunkenness, driving while intoxicated, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots, and other nuisance activities. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas. These impacts include fear for the safety of children, elderly residents and visitors to the area.

(b) Boundaries. The Haight Street Alcohol Restricted Use Subdistrict (Haight Street Alcohol RUSD) is coterminous with the Haight Street Neighborhood Commercial District as designated on Sectional Maps ZN06 and ZN07. The Haight Street Alcohol RUSD is designated on Sectional Maps SU06 and SU07.

(c) Controls.

(1) Definitions.

(A) A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.

(B) An “on-sale liquor establishment” shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board License type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine public premises), type 47 (on-sale general eating place), type 48 (on-sale general-public premises) or type 57 (special onsale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to Bars and Restaurants serving alcoholic beverages. It shall not include types 51, 52, 59, 60, 61, 64, 67, 70, 75, or 90.

(C) An “off-sale liquor establishment” shall mean a Liquor Store use.

(D) A1 “unpermitted liquor establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Haight Street Alcohol RUSD and licensed by the State of California for the retail sale of alcoholic beverages for on or off-site consumption, so long as otherwise lawful.

(E) An “eligible movie theater” shall be a Movie Theater use that contains only a single screen and auditorium, has seating for 150 or fewer persons, and is not a Formula Retail Use as defined in Code Section 303.1.

(2) Limitation on new Liquor Establishments. New on-sale or off-sale liquor establishments shall be permitted in the Haight Street RUSD as a Conditional Use..1

(3) Continuation of existing Unpermitted Liquor Establishments. In the Haight Street Alcohol RUSD, any unpermitted liquor establishment may continue in accordance with Sections 180 through 186.2 of this Code, subject to the following provisions:

(A) An unpermitted liquor establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of liquor establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:

(i) Except as provided by subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

(ii) Except as provided by subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.

(B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License (“ABC License”) does not change except as indicated:

(i) A change in ownership of an unpermitted liquor establishment or an owner-to-owner transfer of an ABC License; or

(ii) Re-establishment, restoration, or repair of an existing unpermitted liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or

(iii) Temporary closure of an existing unpermitted liquor establishment for not more than 90 days for repair, renovation, or remodeling;

(iv) Relocation of an existing unpermitted liquor establishment in the Haight Street Alcohol RUSD to another location within the same Haight Street Alcohol RUSD with Conditional Use authorization from the Planning Commission, provided that the original premises shall not be occupied by an unpermitted liquor establishment, unless by another unpermitted liquor establishment that is also relocating from within the Haight Street Alcohol RUSD.

(v) A change from a Type 21 (off-sale general) to a Type 20 (off-sale beer and wine) license.

(vi) A change from an existing ABC license to a Type 64 or Type 90 license.

(d) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Haight Street Alcohol Restricted Use Subdistrict are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(Added by Ord. 229-99, File No. 990991, App. 8/20/99; amended by Ord. 64-06, File No. 051841, App. 4/6/2006; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 88-08, File No. 071669, App. 5/21/2008; Ord. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; 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

[Former] division (a)(1) amended; Ord. 75-12, Eff. 5/23/2012. Reference amended in [former] division (a)(3)(C); Ord. 235-14, Eff. 12/26/2014. Undesignated introductory paragraph designated as division (a); former divisions (a) and (a)(1) redesignated as divisions (b) and (c)(2) and amended; divisions (c)-(c)(E) added; former divisions (a)(3)-(a)(4)(B)(5) redesignated as divisions (c)(3)-(c)(4)(B)(v) and amended; former divisions (a)(2) and (b)-(b)(4) deleted; former division (c) redesignated as division (d); Ord. 129-17, Eff. 7/30/2017. Division (b) amended; Ord. 205-19, Eff. 10/12/2019. Division (c)(4) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (c)(1)(B), (c)(1)(D), (c)(2) amended; former divisions (c)

(3)- (c)(3)(C)(iii)c. deleted; former division (c)(4) redesignated as (c)(3); current divisions (c)(3), (c)(3)(A), (c)(3)(B)(iii)(iv) amended; division (c)(3)(B)(vi) added; Ord. 249-23, Eff. 1/14/2024. Divisions (c)(3)(B)(i)-(iii) amended; Ord. 85-24, Eff. 5/27/2024.

CODIFICATION NOTE

1. So in Ord. 249-23.

SEC. 781.10. 17TH AND RHODE ISLAND STREET GROCERY STORE SPECIAL USE SUBDISTRICT.

For controls for the 17th and Rhode Island Grocery Store Special Use District see Section 249.61. (Added by Ord. 261-03, File No. 022932, App. 11/25/2003; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

AMENDMENT HISTORY

Section renumbered as 249.61; Ord. 140-11, Eff. 8/4/2011.

SEC. 782. THIRD STREET ALCOHOL RESTRICTED USE DISTRICT.

(See Interpretations related to this Section.)

For controls for the Third Street Alcohol Restricted Use District see Section 249.62. (Added by Ord. 67-03, File No. 021338, App. 4/18/2003; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011) AMENDMENT HISTORY

Section header amended and section renumbered as 249.62; Ord. 140-11, Eff. 8/4/2011.

SEC. 783. [REPEALED.]

(Added by Ord. 41-04, File No. 031151, App. 3/19/2004; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; repealed by Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014)

Editor's Note:

For current provisions relating to the Divisadero Street Neighborhood Commercial District, see Sec. 746.1.

SEC. 784. LOWER HAIGHT STREET ALCOHOL RESTRICTED USE DISTRICT.

(a) Findings. There are an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for off-site consumption in the Neighborhood Commercial Cluster Districts located generally along Haight Street at Scott Street and generally along Haight Street at Pierce Street and in the Lower Haight Street Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets. The existence of this many Liquor Stores appears to contribute directly to numerous peace, health, safety, and general welfare problems in the area, including loitering, littering, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking, and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety, and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents, and visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of Liquor Stores and the associated problems discourage more desirable and needed commercial uses in the area.

(b) Boundaries. In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Lower Haight Street Alcohol Restricted Use District (Lower Haight Street Alcohol RUD) is hereby established for the following:

(1) Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Scott Street;

(2) Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Pierce Street;

(3) Properties in the Lower Haight Street Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets.

The above Neighborhood Commercial Cluster Districts and Lower Haight Street Neighborhood Commercial District are designated on Sectional Map ZN07 of the Zoning Map of the City and County of San Francisco. Block and lot numbers for the properties included in these districts are on file with the Clerk of the Board of Supervisors in File No. 060537 and are incorporated herein by reference. The Lower Haight Street Alcohol RUD is designated on Sectional Map Number SU07 of the Zoning Map of the City and County of San Francisco.

(c) Controls.

(1) Prohibition on New Liquor Stores. No new Liquor Stores shall be permitted in the Lower Haight Street Alcohol RUD.

(2) Exceptions from the Prohibition. The prohibition on Liquor Stores shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Section 205.1 or 205.3; or

(B) Establishment of a Liquor Store if an application for such Liquor Store is on file with the California Department of Alcoholic Beverage Control prior to March 25, 2007.

(3) Continuation of Existing Liquor Stores. In the Lower Haight Street Alcohol RUD, any lawfully existing Liquor Store that lawfully existed prior to March 25, 2007 may continue in accordance with Planning Code section 180 through 186.2, subject to the following provisions:

(A) The Liquor Store may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:

(i) Except as provided in subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

(ii) Except as provided in subsection (B) below, the Liquor Store shall be operated continuously, without substantial changes in mode or character of operation.

(B) A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, the location of the establishment does not change, the square footage used for the sale of alcoholic

beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License (“ABC License”) does not change:

• (i) A change in ownership of the Liquor Store or an owner-to-owner transfer of an ABC License;

(ii) Temporary closure for restoration or repair of the Liquor Store on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God;

(iii) Temporary closure of the Liquor Store for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling; or

(iv) Relocation of the Liquor Store in the Lower Haight Street Alcohol RUD to another location within the same Lower Haight Street Alcohol RUD with Conditional Use authorization from the Planning Commission, provided that the original premises shall not be occupied by a lawfully pre-existing Liquor Store described in this subsection (3), unless by another lawfully pre-existing Liquor Store that is also relocating from within the Lower Haight Street Alcohol RUD. (Added by Ord. 32-07, File No. 060537, App. 2/22/2007; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Former division (d) ("Sunset Provision") deleted; Ord. 140-11, Eff. 8/4/2011. Undesignated paragraph following division (b)(3) amended; division (c)(1) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (c)-(c)(2) deleted; divisions (a), (b), (b) (3) and following paragraph amended; second divisions (1)-(3)(B)(iv) redesignated as (c)(1)-(c)(3)(B)(iv) and amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 785. [REPEALED.]

(Added by Ord. 70-08, File No. 071464, App. 4/17/2008; amended by Ord. 65-13 , File No. 130018, App. 4/17/2013, Eff. 5/17/2013; repealed by Ord. 261-13 , File No. 130084, App. 11/27/2013, Eff. 12/27/2013)

SEC. 786. THIRD STREET FORMULA RETAIL RESTRICTED USE DISTRICT.

(a) Findings.

(1) San Francisco is a city of diverse and distinct neighborhoods identified in large part by the character of their commercial corridors.

(2) San Francisco must create a supportive environment for small businesses in order to preserve the unique character of the City and foster a vibrant commercial sector.

(3) One of the eight Priority Policies of the City's General Plan resolves that "existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced."

(4) The Bayview neighborhood is home to a diverse array of businesses including neighborhood commercial and industrial businesses that serve the working class community. The Third Street Corridor has served as the main merchant corridor for this neighborhood and is receiving significant investment of City resources to revitalize, grow and expand local business opportunities.

(5) As development in San Francisco continues, neighborhoods, including residential and commercial areas in the Bayview area, will be subject to change, and new businesses may wish to locate in the Bayview area, particularly along the Third Street Corridor.

(6) The Third Street Corridor presently has a mix of businesses, housing, shops, work places, community serving uses, religious institutions, parks and civic facilities that create an identifiable neighborhood.

(7) An influx of formula retail businesses can put pressure on existing businesses and potentially price out existing and new independent businesses.

(8) Bayview's mix of businesses, uses and architecture contributes to a strong sense of neighborhood community. The Third Street Corridor is generally of small scale, with buildings that have been identified as potential historic resources or have been landmarked as historic places. There is both architectural variety and variety in the types of goods and services offered on the Third Street Corridor. Additionally the majority of businesses on the Third Street Corridor are locallyowned, many for generations, and some have historically served the diverse ethnic communities of the Bayview.

(9) Standardized architecture, color schemes, decor and signage of many formula retail businesses can detract from the distinctive character of the Bayview neighborhood community.

(10) The increase of formula retail businesses in the Third Street Corridor, if not monitored and regulated, will hamper the City's goal of a diverse retail base within distinct neighborhood communities.

(11) In 2004 the Board of Supervisors adopted a redevelopment plan ("Redevelopment Plan") for the Bayview Hunters Point Project Area, which was subsequently amended in 2010. The Redevelopment Plan was the result of years of community based planning efforts with the goal of revitalizing the area to create new parks and open space, retail opportunities, affordable housing and other community benefits. Three of the objectives outlined in the Redevelopment Plan are focused on supporting the commercial activities of the Third Street Corridor. Specifically, Section 1.2.1 lists these objectives as: strengthening the economic base of the Project Area and the community by strengthening retail and other commercial functions within the Project Area, retaining existing residents and existing cultural diversity to the extent feasible, and supporting locally-owned small businesses and local entrepreneurship.

(12) One of the goals of the Redevelopment Plan was to provide structure and limitations to the development of the Bayview to encourage uses that would benefit the neighborhood, create new economic development opportunities and draw more residents and patrons to the Third Street Corridor. By establishing a Conditional Use process, both the City and the community have an opportunity to review and provide comments on any proposed location, expansion or alteration of formula retail uses to ensure that they meet the objectives of the Redevelopment Plan.

(13) The unregulated and unmonitored establishment of additional formula retail uses may unduly limit or eliminate business establishment opportunities for non-traditional or unique businesses, thereby decreasing the diversity of merchandise and merchants along the Third Street corridor.

(14) The public welfare of the Bayview residential, retail and business community is served by the monitoring and regulating of formula retail businesses on Third Street, for these reasons and the reasons set forth in Planning Code Section 303.1.

(b) Boundaries. The Third Street Formula Retail Restricted Use District shall regulate all properties fronting Third Street between Williams Avenue and Paul Street. The following restrictions shall apply within the district.

(c) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for any new formula retail use, as defined in Planning Code Section 303.1, in the Third Street Formula Retail Restricted Use District.

(d) Change in Use. Planning Code Section 303.1 shall apply to any changes in a formula retail use in the Third Street Formula Retail Restricted Use District.

(e) Conditional Use Criteria. With regard to Conditional Use Permit applications for formula retail uses within the Third Street Formula Retail Restricted Use District, the Planning Commission shall consider the criteria set forth in Planning Code Sections 303(c) and 303.1. The procedures and requirements of Planning Code Section 303 shall apply to Formula Retail Uses in the Third Street Formula Retail Restricted Use District, except as explicitly modified in this Section 786.

(Added by Ord. 248-13 , File No. 130372, App. 11/8/2013, Eff. 12/8/2013; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014) (Former Sec. 786 added by Ord. 151-09, File No. 090141, App. 7/10/2009) AMENDMENT HISTORY References amended in divisions (a)(14), (c), (d), and (e); Ord. 235-14 , Eff. 12/26/2014.

Editor's Note:

Former Sec. 786 ("Lower Haight Street Tobacco Paraphernalia Restricted Use District") was repealed by operation of its sunset provision three years after its initial effective date. See Sec. 5 of Ord. 151-09.

SEC. 787. 1800 MARKET STREET COMMUNITY CENTER PROJECT SPECIAL USE DISTRICT.

(a) Purpose. In order to provide for a compatible revenue-generating commercial and economic development use in a portion of the existing San Francisco Lesbian Gay Bisexual and Transgender Community Center at 1800 Market Street to financially support the ongoing operations of such community center, there shall be an 1800 Market Street Community Center Project Special Use District at 1800 Market Street located at the northwest corner of Market Street and Octavia Boulevard, consisting of Lot 014 of Assessor’s Block 871, as designated on Sectional Map SU07 of the Zoning Map of the City and County of San Francisco.

(b) Controls. In this Special Use District, all of the provisions of this Code applicable in an NCT-3 Zoning District shall continue to apply, except as specifically provided below.

(1) A Restaurant, a Bar, Nighttime Entertainment, and General Entertainment up to 6,999 square feet of Gross Floor Area shall be Permitted Uses on the Third Story and above.

(2) An Outdoor Activity Area operated by a permitted Restaurant, Bar, Nighttime Entertainment, or General Entertainment use shall be a Permitted Use on the Third Story and above if located contiguous to the Market Street front property line, subject to the following restrictions:

(A) Hours of operation of the Outdoor Activity Area shall be no later than 12:00 midnight Sunday through Thursday and 2:00 a.m. on Friday, Saturday, and evenings before a holiday.

(B) The noise associated with any amplified music, outdoor speakers, or other devices located in the outdoor activity area shall not exceed a noise level more than eight dBA above the local ambient at any point outside of the property plane, as defined by Chapter 29 of the Police Code.

(Added by 252-10, File No. 100188, App. 10/22/2010; amended by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

[Former] divisions (b) and (c) amended; Ord. 75-12, Eff. 5/23/2012. Undesignated introductory paragraph designated as division (a) and amended; former division (a) redesignated as division (b) and amended; former divisions (b)-(c)(2) redesignated as divisions (b)(1)-(b)(2)(B) and amended; Ord. 129-17, Eff. 7/30/2017.

SEC. 788. [EXPIRED.]

(Added by Ord. 74-13 , File No. 121065, App. 4/30/2013, Eff. 5/30/2013; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 114-18, File No. 180190, App. 5/9/2018, Eff. 6/9/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; expired 6/1/2023)

Editor’s Note:

Former Sec. 788 (“Lower Polk Street Alcohol Restricted Use District”) expired by operation of its sunset clause on 6/1/2023 and was removed from the Code at the direction of the Office of the City Attorney. SEC. 790. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.2. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.4. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 223-14 , File No. 140804, App. 11/7/2014, Eff. 12/7/2014; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.6. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.8. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.10. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; Ord. 112-08, File No. 080095, App. 6/30/2008; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.12. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.14. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.15. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.16. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.17. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.18. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.20. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.22. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.26. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.30. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.34. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 245-08, File No. 080696; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.36. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.38. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.44. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.46. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 331-97, App. 8/19/97; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.47. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.48. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 184-97, App. 5/16/97; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.50. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 36-08, File No. 080157, App. 3/17/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.51. [REPEALED.] (Added by Ord. 445-87, App. 11/12/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.54. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.55. [REPEALED.]

(Added by Ord. 260-00, File No. 001424, App. 11/17/2000; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 264-07, File No. 071532, App. 11/14/2007; Ord. 245-08, File No. 080696; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 180-13 , File No. 130459, App. 8/7/2013, Eff. 9/6/2013; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.56. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.58. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015) SEC. 790.60. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 139-09, File No. 090402, App. 7/2/2009; 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; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.62. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 112-98, App. 4/2/98; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.64. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.68. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.69. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.70. [REPEALED.]

(See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.80. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.84. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014)

SEC. 790.86. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014) SEC. 790.88. [REPEALED.]

(See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 218-14 , File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.90. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 245-08, File No. 080696; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.91. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; Ord. 245-08, File No. 080696; Ord. 29710, File No. 101351, App. 12/3/2010; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.92. RESERVED.

(See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012) SEC. 790.93. RESERVED.

(Added by Ord. 245-08, File No. 080696; amended by Ord. 297-10, File No. 101351, App. 12/3/2010; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012) SEC. 790.100. [REPEALED.]

(See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.102. [REPEALED.]

(See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 272-93, App. 8/25/93; Ord. 120-99, File No. 990188, Eff. 5/17/99; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 245-08, File No. 080696; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.104. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.106. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.107. [REPEALED.]

(Added by Ord. 161-09, File No. 090367, App. 7/15/2009; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.108. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.110. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; Ord. 269-07, File No. 070671, App. 11/26/2007; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.111. [REPEALED.] (Added by Ord. 269-07, File No. 070671, App. 11/26/2007; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.112. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; Ord. 269-07, File No. 070671, App. 11/26/2007; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.114. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.116. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.117. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.118. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 445-87, App. 11/12/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.122. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.123. [REPEALED.] (Added by Ord. 244-08, File No. 080567, App. 10/30/2008; amended by Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.124. [REPEALED.] (See Interpretations related to this Section.) (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 175-12 , File No. 120241, App. 8/7/2012, Eff. 9/6/2012; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.130. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.135. RESERVED. (Added by Ord. 87-00, File No. 991963, App. 5/19/2000; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012) SEC. 790.140. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.141. [REPEALED.]

. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.135. RESERVED. (Added by Ord. 87-00, File No. 991963, App. 5/19/2000; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012) SEC. 790.140. [REPEALED.] (Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 790.141. [REPEALED.]

(Added by Ord. 275-05, File No. 051250, App. 11/30/2005; amended by 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. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

SEC. 790.142. [REPEALED.] (Added by Ord. 245-08, File No. 080696; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017) SEC. 799. [REPEALED.]

(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 2215, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 130-17, File No. 170204, App. 6/30/2017, Eff. 7/30/2017)

0-0-0-26489

SEC. 801. MIXED USE DISTRICT PROVISIONS.

This Article is adopted specifically for Mixed Use Districts, as shown on the Zoning Map of the City and County of San Francisco. The provisions set forth or referenced in Article 8 shall apply to any use, property, structure, or development which is located in a Mixed Use District, unless otherwise provided for within this Code. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 801.1. PURPOSE OF ARTICLE 8.

This Article is intended to provide a comprehensive and flexible zoning system for Mixed Use Districts which is consistent with the objectives and policies set forth in the San Francisco General Plan. More specifically, the purposes of this Article are:

(a) To provide in one article a complete listing of or cross-reference to all of the zoning categories, definitions, control provisions, and review procedures which are applicable to properties or uses in Mixed Use Districts;

(b) To establish a zoning system which will accommodate all classes of Mixed Use Districts including individual districts which are tailored to the unique characteristics of specific areas;

(c) To provide zoning control categories which embrace the full range of land use issues in mixed-use neighborhoods, in order that controls can be applied individually to each district to address particular land use concerns in that district. (Added by Ord. 131-87, App. 4/24/87; Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 801.2. REFERENCES TO ARTICLES 1, 2, AND 7 (TEMPORARY).

Articles 1, 2 and 7 of this Code are in the process of a significant reorganization. As a result, some references to Articles

• 1, 2, and 7 have not yet been modified. The following references in this Section of the Code are amended as follows:

• 102.8 shall refer to Section 102, Family

• 102.9 shall refer to Section 102, Gross Floor Area Ratio

• 102.10 shall refer to Section 102, Occupied Floor Area

• 102.11 shall refer to Section 102, Floor Area Ratio

• 102.12 shall refer to Section 102, Height (of a building)

• 102.18 shall refer to Section 102, One Ownership

• 102.35(a) shall refer to Section 102, Neighborhood Agriculture

• 102.35 (b) shall refer to Section 102, Large Scale Urban Agriculture

• 209.5(a) and (b) shall refer to Section 102, Entertainment and Recreation, Non-Commercial

• 209.9(f) and (g) shall refer to Section 102, Live/Work Unit

• 221(c) shall refer to Section 102, Community Facility

• 221(d) shall refer to Section 102, Arts Activities.

221(f) shall refer to Section 102, Entertainment, General

• 224 shall refer to Section 102, Animal Hospital, and Kennel

• 225 shall refer to Section 102, Storage Yard, Wholesale Sales, and Wholesale Storage

• 226 shall refer to Section 102, Industrial Use

227(a) shall refer to Section 102, Greenhouse.

227(c) shall refer to Section 102, Mortuary

• 227(h) shall refer to Section 102, Wireless Telecommunications Services Facility

• 790.22 shall refer to Section 102, Bar

790.44 shall refer to Section 102, Hospital

790.46 shall refer to Section 102, Tourist Hotel

790.48 shall refer to Section 102, Pharmacy

790.50 shall refer to Section 102, Institutional Use.

790.55 shall refer to Section 102, Liquor Store

790.84 shall refer to Section 317, Residential Conversion

790.90 shall refer to Section 102, Limited- Restaurant 790.91 shall refer to Section 102, Restaurant 790.102(a) shall refer to Section 102, General Grocery

790.110 shall refer to Section 102, Financial Service

790.114 shall refer to Section 102, Health Service

790.116 shall refer to Section 102, Personal Service

790.117 shall refer to Section 102, Self-Storage

Any other discrepancy between an Article 1, 2 and 7 references in this Section of the Code and the actual or intended reference shall be arbitrated by the Zoning Administrator on a case-by-case basis.

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 166-16 , File No. 160477,

App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Reference 227(h) amended; Ord. 166-16, Eff. 9/10/2016. Introductory and concluding paragraphs amended; references 790.22 - 790.117 added; Ord. 129-17, Eff. 7/30/2017. Introductory paragraph and reference 224 amended; Ord. 111-21, Eff. 9/4/2021.

SEC. 802. CLASSES OF MIXED USE DISTRICTS.

The following classes of use districts are established for mixed use districts. (Added by Ord. 131-87, App. 4/24/87)

SEC. 802.1. MIXED USE DISTRICTS.

The following districts are established for the purpose of implementing the Residence Element, the Commerce and Industry Element, the Downtown Plan, the Chinatown Plan, the Rincon Hill Plan, the South of Market Plan, the East SoMa Plan, the Mission Plan, the Showplace Square/Potrero Hill Plan, the Central Waterfront Plan, the Western SoMa Area Plan, and the Central SoMa Plan, all of which are parts of the General Plan. Description and Purpose Statements outline the main functions of each Mixed Use District in this Article 8, supplementing the statements of purpose contained in Section 101 of this Code.

Description and purpose statements applicable to each district are set forth in Sections 810 through 840 of this Code. The boundaries of the various Mixed Use Districts are shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of that Section. The following Districts are hereby established as Mixed Use Districts.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; 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. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; 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. 296-18, Eff. 1/12/2019. Section amended; Ord. 7023, Eff. 6/3/2023.

SEC. 802.2. SPECIAL USE DISTRICTS.

Portions of the area covered by this Article are also subject to the provisions of Section 235 of this Code. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

AMENDMENT HISTORY

Section amended; Ord. 56-13 , Eff. 4/27/2013.

SEC. 802.3. CHINATOWN MIXED USE DISTRICTS.

Throughout the Planning Code, the term "Chinatown Mixed Use Districts" refers to the following districts: Chinatown Community Business (CCB), Chinatown Visitor Retail (CVR), and Chinatown Residential/Neighborhood Commercial (CNRC).

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 802.4. EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

Throughout the Planning Code, the term “Eastern Neighborhoods Mixed Use Districts” refers to the following districts: Residential Enclave District (RED), Residential Enclave- Mixed District (RED-MX), Mixed Use-General (MUG), Western SoMa Mixed Use-General (WMUG), Mixed Use-Office (MUO), Central SoMa Mixed-Use Office (CMUO), Western SoMa Mixed Use-Office (WMUO), Mixed Use- Residential (MUR), South Park District (SPD), Service/Arts/Light Industrial (SALI), and Urban Mixed Use (UMU).

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY Section amended; Ord. 42-13 , Eff. 4/27/2013. Section amended; Ord. 296-18, Eff. 1/12/2019. SEC. 802.5. [REPEALED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 802.6. DOWNTOWN RESIDENTIAL DISTRICTS.

Throughout the Planning code, the term "Downtown Residential Districts" or "DTR Districts" refers to the following districts: Rincon Hill Downtown Residential District (RH-DTR) and South Beach Downtown Residential District (SBDTR).

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 803. MIXED USE DISTRICT REQUIREMENTS.

(See Interpretations related to this Section.)

The Mixed Use District zoning control categories are listed in Sections 803.2, 803.3 and 825 of this Code. Related building standards and permitted uses are generally stated, summarized or cross-referenced in those Sections or in the zoning control tables for each Mixed Use district, or referenced in Section 899 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)

AMENDMENT HISTORY Section amended; Ord. 208-19, Eff. 10/21/2019.

SEC. 803.1. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.

(See Interpretations related to this Section.)

(a) Zoning Control Tables. Each Chinatown Mixed Use District has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district. Zoning control tables are explained in Section 202.1 of this Code. Permitted Uses, Conditionally Permitted Uses, and Uses that are not permitted in the zoning districts described in this Section 803.2 are detailed in the corresponding zoning control tables.

District has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district. Zoning control tables are explained in Section 202.1 of this Code. Permitted Uses, Conditionally Permitted Uses, and Uses that are not permitted in the zoning districts described in this Section 803.2 are detailed in the corresponding zoning control tables.

(b) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an Outdoor Activity Area, Neighborhood Agriculture, Wireless Telecommunications Services Facility, and uses which by their nature are to be conducted in an open lot or outside a building.

(c) Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 803.2(d) of this Code as an Accessory Use, then each of these uses will be considered separately as an independent permitted, conditional, temporary, or not permitted use.

(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located on the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory use to any other principal use.

No use in a Chinatown Mixed Use District will be considered accessory to a Principal Use which involves or requires any of the following:

(1) The use of more than one-third of the total floor area occupied by both the Accessory Use and the Principal Use to which it is accessory, combined, except in the case of accessory off-street parking;

(2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site;

(3) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store;

(4) The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.

essing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.

• (5) Medical Cannabis Dispensaries.

(6) AAny General Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq. , or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1(e).

• (7) Cannabis Retail.

• (8) An Adult Sex Venue as defined in Section 102 of this Code.

No part of this subsection (d) shall prohibit take-out food activity which operates in conjunction with a Restaurant or Limited Restaurant, which includes takeout food as an accessory and necessary part of its operation.

(e) Temporary Uses. Uses not otherwise permitted are permitted in Chinatown Mixed Use Districts to the extent authorized by Sections 205, 205.1, or 205.2 of this Code, except that Temporary Cannabis Retail Uses shall not be permitted in Chinatown Mixed Use Districts.

(f) Not Permitted Uses.

(1) Uses which are not listed in this Article 8 are not permitted in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be Permitted Uses in accordance with Section 307(a) of this Code.

(2) No use, even though listed as a Permitted Use or otherwise allowed, shall be permitted in a Chinatown Mixed Use District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(3) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1).

(4) No off-street parking garage installations or new curb cuts are permitted on the alleyways in the Chinatown Mixed-Use Districts.

(g) Other Chinatown Mixed Use District Provisions.

(1) Garages in Existing Residential Buildings. Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Planning Commission shall find that:

(A) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code;

(B) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate amount;

(C) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years, and

(D) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code.

Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (A), (B), and (C) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (D) above.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 420-97, App. 11/7/97; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 269-08, File No. 081234, App. 11/25/2008; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 21318, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24 , File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024)

AMENDMENT HISTORY

Table 803.2 rows 803.2.74A and .74B added; division (b)(1) amended, division (b)(1)(B)(vi) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(B) amended; division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; division (b)(1)(C) concluding paragraph amended; Ord. 172-11 , Eff. 10/12/2011. Table 803.2 rows 803.2.41, .43, and .44 amended, former rows 803.2.42 and .45 deleted; Ord. 75-12 , Eff. 5/23/2012. Former divisions (b)(1)(B)(v)(1)-(4) redesignated as (b)(1)(B)(v)a.-d.; designation of divisions (b)(1)(B)(vi) and (b)(1)(C) (vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Table 803.2 rows 803.2.38a, .38b, .39a, and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Reference amended in division (b)(1)(B); Ord. 235-14 , Eff. 12/26/2014. Table 803.2 row 803.2.99 added; division (b)(1) amended; Ord. 166-16 , Eff. 9/10/2016. Table 803.2 row 803.2.75 added; divisions (b)(1), (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Undesignated introductory paragraph amended; divisions (b)(1)(C)(i), (ii), (iv), and (v) amended; Ord. 196-18, Eff. 9/10/2018. Undesignated introductory paragraph and divisions (a), (b)(1)(C)(vii), and (b)(1)(D) amended; Table 803.2 row 803.2.75 deleted; Ord. 213-18, Eff. 10/15/2018. Undesignated introductory paragraph and Table 803.2 deleted; former divisions (a), (b), and (b)(1)(A)-(b)(1)(B)(vi) deleted; new division (a) added; former division (b)(1) amended and redesignated as (b) and (c); former divisions (b)(1) (C)-(b)(2)(D) amended and redesignated as (d)-(f)(4); division (g) added; Ord. 208-19, Eff. 10/21/2019. Divisions (g)(1) (a)-(d) redesignated as (g)(1)(A)-(D) and related references updated; Ord. 63-20, Eff. 5/25/2020. Division (d)(6) amended; Ord. 111-21, Eff. 9/4/2021. Division (g)(1)(C) amended; Ord. 136-21, Eff. 9/4/2021. Division (d)(8) added; Ord. 75-22, Eff. 6/13/2022. Division (d) amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024; and Ord. 113-24 , Eff. 7/14/2024, Retro. 3/30/2024.

SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.

(See Interpretations related to this Section.)

(a) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Eastern Neighborhoods Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: Agricultural Uses, Wireless Telecommunications Services Facility, uses which by their nature are to be conducted in an open lot or outside a building, and uses which, when located outside of a building, qualify as, Outdoor Sales, an Outdoor Activity Area, or a Walk-Up Facility.

(b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted. The Uses and Use Characteristics that are Principally Permitted, Conditionally Permitted, or not permitted are detailed in the Zoning Control Tables for each zoning district.

(1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b) (1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary, or not permitted use.

(A) Principal Uses. Principal Uses are permitted as of right in an Eastern Neighborhood Mixed Use District, when so indicated in the zoning control table for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 202.2, 803.8 through 803.9, and other applicable provisions of this Code.

(B) Conditional Uses. Conditional Uses are permitted in an Eastern Neighborhood Mixed Use District, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in the zoning control table for the district. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.8 through 803.9 of this Code.

(i) An establishment that sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Section 202.2(b)(1).

(ii) Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use shall require Conditional Use authorization. This subsection (b)(1)(B)(ii) shall not authorize a change in use if the new use or uses are otherwise prohibited.

(iii) Notwithstanding any other provision of this Article, a change in use or demolition of a General Grocery use shall require Conditional Use authorization. This subsection (b)(1)(B)(iii) shall not authorize a change in use if the new use or uses are otherwise prohibited.

(C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use, as defined in Section 102, shall be permitted in an Eastern Neighborhoods Mixed Use District. In order to accommodate a Principal Use that is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-Office Uses may occupy space which is non-contiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use.

No use will be considered accessory to a Principal Use that involves or requires any of the following:

(i) The use of more than one-third of the total Occupied Floor Area that is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading conforming to the provisions of this Code, Arts Activities, and accessory wholesaling, manufacturing, or processing of foods, goods, or commodities;

(ii) A Hotel, Motel, Adult Entertainment, or Massage Establishment use;

(iii) Any sign not conforming to the limitations of Section 607.2(f)(3).

(iv) A Medical Cannabis Dispensary use.

(v) Any Nighttime Entertainment use, as defined in Section 102; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq. , and entertainment that does not require a Limited Live Performance permit as set forth in Police Code Section 1060.1(e), is allowed in any District except for a RED,1 District.

(vi) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3).

(vii) Catering uses that do not meet the limitations set forth in Section 703(d)(3)(B).

(viii) An Adult Sex Venue as defined in Section 102 of this Code.

(D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts to the extent authorized by Sections 202.11 and 205 through 205.8 of this Code.

(2) Uses Not Permitted. No use, even though listed as a permitted use or otherwise allowed, shall be permitted in an Eastern Neighborhood Mixed Use District that, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1). (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; 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. 165-15 , File No. 150465, App. 9/23/2015, Eff. 10/23/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Division (b)(1)(B)(iv) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; Ord. 172-11 , Eff. 10/12/2011. Division (b)(1)(B) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a), (b)(1)(A), (b)(1)(B), (b)(1)(C)(ii), (b)(1)(C)(vi) amended; Ord. 42-13 , Eff. 4/27/2013. Designation of division (b)(1)(C)(vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Section header and division (b)(1) (C)(vi) amended; Ord. 165-15 , Eff. 10/23/2015. Divisions (b)(1)(B), (b)(1)(B)(iv), (b)(1)(C), and (b)(1)(C)(i) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (b) and (b)(1)(A)-(b)(1)(B)(iv) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (b), (b)(1), and (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Division (b)(1)(C)(viii) added; Ord. 196-18, Eff. 9/10/2018. Section header and divisions (a), (b), (b)(1)(A)-(C), (b)(1)(C)(ii), (b)(1)(C)(vi), and (b)(1)(D) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (b)(1)(C) and (b)(1)(C)(ii) amended; former division (b)(1)(C) (iii) deleted; former divisions (b)(1)(C)(iv)-(viii) redesignated as (b)(1)(C)(iii)-(vii); current division (b)(1)(C)(v) amended; Ord. 63-20, Eff. 5/25/2020. Division (b)(1)(C)(v) amended; Ord. 111-21, Eff. 9/4/2021. Division (b)(1)(C)(viii) added; Ord. 75-22, Eff. 6/13/2022. Divisions (a)-(b)(1)(D) amended; division (b)(1)(B)(iv) deleted; former Sec. 803.4 incorporated as division (b)(2); Ord. 70-23, Eff. 6/3/2023. Division (b)(1)(D) amended; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 70-23.

SEC. 803.4. [REDESIGNATED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 174-05, File No. 050830, App. 7/29/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 49-09, File No. 081504, App. 4/2/2009; Ord. 50-17, File No. 160748, App. 3/17/2017, Eff. 4/16/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; redesignated as Sec. 803.3(b)(2) by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Division (a) amended; Ord. 50-17, Eff. 4/16/2017. Former division (a) deleted; former division (b) redesignated as division (a) and amended; Ord. 296-18, Eff. 1/12/2019. Section header amended; former division (c) redesignated as division (b) and amended; Ord. 63-20, Eff. 5/25/2020. Section incorporated into Sec. 803.3 as division (b)(2); Ord. 70-23, Eff. 6/3/2023.

SEC. 803.5. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 207-02, File No. 020782, App. 10/18/2002; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 803.6. [REPEALED.]

(Added by Ord. 204-06, File No. 060482, App. 7/25/2006; amended by Ord. 269-08, File No. 081234, App. 11/25/2008; 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. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 106-12 , File No. 120047, App. 6/22/2012, Eff. 7/22/2012; 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. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 803.7. [REPEALED.]

(Added by Ord. 204-06, File No. 060482, App. 7/25/2006; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; repealed by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013)

SEC. 803.8. LOW-INCOME AFFORDABLE HOUSING IN THE SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT.

(See Interpretations related to this Section.)

(a) Dwelling Units, Group Housing, and SRO units may be authorized in the SALI District as a Conditional Use pursuant to Section 303 of this Code, provided that such units shall be rented, leased or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco (“lower income household”), as described by Title 25 of the California Code of Regulations Section 6932 and implemented by the Mayor’s Office of Housing and Community Development. These units are subject to all provisions of this Section 803.8.

(b) “Affordable to a household” shall mean a purchase price that a lower income household can afford to pay based on annual payment for all housing costs of 33 percent of the combined household annual net income, a 10 percent down payment, and available financing, or a rent that a household can afford to pay, based on an annual payment for all housing costs of 30 percent of the combined annual net income.

(c) The size of the dwelling unit shall deter- mine the size of the household in order to calcu- late purchase price or rent affordable to a household, as follows:

• (1) For a studio unit, a household of one person;

• (2) For a one bedroom unit, a household of two persons;

• (3) For a two bedroom unit, a household of three persons;

• (4) For a three bedroom unit, a household of four persons;

• (5) For a four bedroom unit, a household of five persons.

(d) No Conditional use permit will be approved pursuant to this Section 803.8 unless the applicant and City have agreed upon enforcement mechanisms for the provisions of this subsection which are acceptable to the City Attorney. Such enforcement mechanisms may include, but not be limited to, a right of first refusal in favor of the City, or a promissory note and deed of trust.

(e) The owner(s) of the units authorized pursuant to this Section 803.8 shall submit an annual enforcement report to the City, along with a fee whose amount shall be determined period- ically by the Planning Commission to pay for the cost of enforcement of this Section 803.8. The fee shall not exceed the amount of such costs. The annual report shall provide information regarding rents, mortgage payments, sales price and other housing costs, annual household income, size of household in each dwelling unit, and any other information the City may require to fulfill the intent of this Section 803.8. (Added by Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

(Former Sec. 803.8 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 224-18, File No. 180364, App. 10/5/2018, Eff. 11/5/2018; Ord. 275-18, File No. 180910, App. 11/20/2018, Eff. 12/21/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Division (a) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 803.9. COMMERCIAL USES IN MIXED USE DISTRICTS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 37-26 , approved 3/11/2026, effective 4/11/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

(a) Housing Requirement in the Mixed Use-Residential (MUR) District. In new construction in the MUR District, three square feet of Gross Floor Area for Residential Use is required for every one gross square foot of permitted NonResidential Use.

(b) Legal and Government Office Uses in the Vicinity of the Hall of Justice. Within an approximately 300-foot radius of the 800 Bryant Street entrance to the Hall of Justice, and Assessor’s Block 3780, Lots 1 and 2, as shown on Sectional Map 8SU of the Zoning Map, the offices of attorneys, bail and services, government agencies, union halls, and other criminal justice activities and services directly related to the criminal justice functions of the Hall of Justice shall be permitted as a principal use. There shall be a Notice of Special Restriction placed on the property limiting office activities to uses permitted by this subsection (b).

(c) Vertical Controls for Office Uses.

(1) Purpose. In order to preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories, additional vertical zoning controls shall govern Office Uses as set forth in this subsection (c).

(2) Applicability. This subsection (c) shall apply to all Office Uses in the MUG and UMU Districts and all office uses in buildings in the PDR-1-D and PDR-1-G Districts that are designated as landmarks pursuant to Article 10 of the Planning Code, where permitted.

(3) Controls.

(A) Prohibition of Office Uses in the Mission Area Plan Area. Except for Professional Services, Financial Services, Medical Services, and Office Uses in Landmark Buildings, Office Uses are prohibited in the Mission Area Plan area.

(B) Designated Office Story or Stories. Office Uses are not permitted on the ground floor, except as specified in Section 839 for MUG Districts and Section 838 for UMU Districts. Office Uses may be permitted on stories above the ground floor if they are designated as office stories. On any designated office story, Office Uses are permitted, subject to any applicable use size limitations. On any story not designated as an office story, Office Uses are not permitted. When an Office Use is permitted on the ground floor per Sections 838 and 839, it shall not be considered a designated office story for the purposes of subsection (c)(3)(E) below.

(C) Timing of Designation. In the case of new construction, any designated office story or stories shall be established prior to the issuance of a first building permit or along with any associated Planning Commission action, whichever occurs first. In the case of buildings that were constructed prior to the effective date of this Section, any such story or stories shall be designated prior to the issuance of any building permit for new or expanded office uses or along with any associated Planning Commission action, whichever occurs first.

(D) Recordation of Designation. Notice of the designation of office stories shall be recorded as a restriction on the deed of the property along with plans clearly depicting the designated story or stories in relation to the balance of the building. A designated office story may only be re-allocated when the designated office story is first returned to a permitted non-office use and associated building modifications to the designated office story are verified by the Zoning Administrator.

(E) Maximum Number of Designated Stories. The maximum number of designated office stories shall correspond to the total number of stories in a given building, as set forth in the table below. The designation of a particular story shall apply to the total floor area of that story and no partial designation, split designation, or other such subdivision of designated floors shall be permitted. For the purposes of the following table, the total number of stories in a given build- ing shall be counted from grade level at curb and shall exclude any basements or below-grade stories. Table 803.9(c)

(F) For projects in MUG and UMU Districts with multiple buildings, consolidation of permitted office stories may be permitted, pursuant to the controls set forth in Section 329(d)(9).

(d) Retail Controls in the MUG, MUO, CMUO, and UMU Districts. In the MUG, MUO, CMUO, and UMU Districts, up to 25,000 gross square feet of Retail Sales and Services use is permitted per lot. Above 25,000 gross square feet, three gross square feet of other uses permitted in that District are required for every one gross square foot of retail. In the UMU District, Gym uses are exempt from this requirement. In the CMUO District, Hotel uses are exempt from this requirement.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; 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. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 26-15 , File No. 140876, App. 3/6/2015, Eff. 4/5/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 102-16 , File No.

160346, App. 6/24/2016, Eff. 7/24/2016; 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; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 133-20, File No. 200143, App. 8/21/2020, Eff. 9/21/2020; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 18724, File No. 240173, App. 7/26/2024, Eff. 8/26/2024; Ord. 47-25, File No. 250125, App. 4/17/2025, Eff. 5/18/2025; Ord. 124-25, File No. 250542, App. 8/1/2025, Eff. 9/1/2025; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Division (b)(2)(A) amended; former division (b)(3) deleted and former division (b)(4) redesignated as new [now former] division (b)(3); division (c)(2)(A) amended; former division (c)(3) deleted and former division (c)(4) redesignated as new division (c)(3); divisions (h)(4)(A) and (i) amended; Ord. 196-11 , Eff. 11/3/2011. Division (a) amended; division (b) amended in its entirety; Ord. 42-13 , Eff. 4/27/2013. Division (h)(4)(A) amended; Ord. 56-13 , Eff. 4/27/2013. Division (c)(2)(C) references corrected; Ord. 62-13 , Eff. 5/10/2013. Divisions (h)(2) and (h)(4)(E) amended; Ord. 26-15 , Eff. 4/5/2015. Divisions (d) and (h)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Division (h)(4)(E) amended; Ord. 102-16 , Eff. 7/24/2016. Division (a) amended; Ord. 129-17, Eff. 7/30/2017. Section header and divisions (a) and (b)(1) amended; former divisions (d) and (g)-(g)(4)(iii) deleted; former divisions (e), (f), (h), and (i) redesignated as divisions (d), (e), (f), and (g), respectively; current divisions (d) and (g) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (f)(1), (f)(4)(A), and (g) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (f)(1) and (f)(2) amended; new division (f)(4)(A) added; former

sions (a) and (b)(1) amended; former divisions (d) and (g)-(g)(4)(iii) deleted; former divisions (e), (f), (h), and (i) redesignated as divisions (d), (e), (f), and (g), respectively; current divisions (d) and (g) amended; Ord. 296-18, Eff. 1/12/2019. Divisions (f)(1), (f)(4)(A), and (g) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (f)(1) and (f)(2) amended; new division (f)(4)(A) added; former

divisions (f)(4)(A)- (E) redesignated as (f)(4)B[1] - (F); Ord. 133-20 , Eff. 9/21/2020. Section renamed; divisions (a), (b) (1), (b)(1)(A)(i), (b)(2)-(b)(2)(A)(i), (b)(3), (c)(2)(B), and (c)(3) amended; former divisions (d) and (f)(3) deleted; former divisions (e), (f), f)(4), (f)(4)B, and (g) redesignated as (d), (e), (e)(3), (e)(3)(B), and (f); current divisions (e)(1)-(2), (e)(3) (B), and (f) amended; Ord. 70-23, Eff. 6/3/2023. Divisions (b)(2)(A) and (b)(3)(A) amended; Ord. 187-24, Eff. 8/26/2024. Division (e)(2) amended; Table 803.9(f) redesignated as Table 803.9(e); Ord. 47-25, Eff. 5/18/2025. Division (b) amended; divisions (b)(4)- (b)(4)(B) added; Ord. 124-25, Eff. 9/1/2025. Divisions (b)-(c)(3) deleted; former divisions (d)(f) redesignated as (b)-(d) with non-substantive amendments; Table 803.9(e) redesignated as Table 803.9(c); Ord. 37-26, Eff. 4/11/2026.

SEC. 809. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; 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; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT.

The Chinatown Community Business District, located in the northeast quadrant of San Francisco, extends along Broadway from the eastern portal of the Broadway Tunnel to Columbus Avenue and along Kearny Street from Columbus to Sacramento Street. This district also includes portions of Commercial Street between Montgomery Street and Grant Avenue and portions of Grant Avenue between Bush and California Streets. It is part of the larger core area of Chinatown. The portions of Broadway, Kearny, and Commercial Streets and Grant Avenue in this district are transitional edges or entries to Chinatown. North and east of the two blocks of Broadway contained in this district are North Beach and the Broadway Entertainment Districts. Kearny and Columbus Streets are close to intensive office development in the Downtown Financial District. Both Grant Avenue and Commercial Street provide important pedestrian entries to Chinatown. Generally, this district has more potential for added retail and commercial development than other parts of Chinatown.

This zoning district is intended to protect existing housing, encourage new housing and to accommodate modest expansion of Chinatown business activities as well as street-level retail uses. The size of individual professional or

business office use is limited in order to prevent these areas from being used to accommodate larger office uses spilling over from the financial district.

Housing development in new buildings is encouraged at upper stories. Accessory dwelling units are permitted.

Table 810

CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE

Table 810

CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE

Industry Element have been approved by the Planning Commission.

* Not listed below

(1) C for Use Size is not required for Restaurants larger than 5000 sq. ft., but C to establish the Use is required as indicated.

(2) Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:

(a) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of Residential Unit,” as those terms are defined in Section 317 of this Code;

(b) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate amount;

(c) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years; and

(d) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above.

(3) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs.

(4) P if accessory to a Hotel, Personal Service or Health Service.

(5)1 P where existing use is any Automotive Use.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 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. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 7315, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; redesignated and amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. No. 157-20, File No. 200702, App. 9/4/2020, Eff. 10/5/2020; Ord. 54-21, File No. 201326, App. 4/23/2021, Eff. 5/24/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No.

220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

Zoning Control Table: .74A and .74B added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: .41, .43, and .44 amended, former categories .42 and .45 deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: .54 amended; Specific Provisions: 810.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: .39a and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: .20 amended; Ord. 227-14 , Eff. 12/13/2014. Specific Provisions: former category 810.71 deleted, Ord. 232-14 , Eff. 12/26/2014. Specific Provisions: 810.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: .92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: .15, .16, and .17 amended; Ord. 2015 , Eff. 3/22/2015. Zoning Control Table: .54 amended; Specific Provisions: 810.54 amended; Ord. 73-15, Eff. 6/27/2015. Section redesignated (formerly Sec. 810.1); introductory material amended; Zoning Control Table: .91 amended; Specific Provisions: 810.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories .38a, .38b, .39a, and .39b deleted, .97 and .98 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 810.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .30 amended; Ord. 217-16, Eff. 12/10/2016. Zoning Control Table: .22 and .94 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .75 added; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: .75 and .83 deleted; Ord. 213-18, Eff. 10/15/2018. Zoning Control Table: .23 and .94 amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table: .22, .23, and .94 amended; Ord. 311-18, Eff. 1/21/2019. Zoning Control Table replaced; Notes (1)-(3) added; Specific Provisions table deleted; Ord. 208-19, Eff. 10/21/2019. Zoning Control Table and Notes (2)(c) and (3) amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Ord. 157-20, Eff. 10/5/2020. Second introductory paragraph and Zoning Control Table amended; Ord. 54-21, Eff. 5/24/2021. Note (2) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (4) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (4) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (5)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 297-24 , Eff. 1/19/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026.

CODIFICATION NOTES

1. Note “(5)” is referenced as Note “(4)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(4)” had previously been added to this section by Ord. 233-21.

2. So in Ord. 245-25.

SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT.

The Chinatown Visitor Retail District extends along Grant Avenue between California and Jackson Streets. This district contains a concentration of shopping bazaars, art goods stores, and restaurants, which attract visitors and shoppers and contribute to the City’s visual and economic diversity. Grant Avenue provides an important link between Downtown retail shopping and the Broadway, North Beach, and Fisherman’s Wharf areas.

This district is intended to preserve the street’s present character and scale and to accommodate uses primarily appealing to visitors (e.g. tourist gifts shops, jewelry stores, art goods, large restaurants). In order to promote continuous retail frontage, entertainment, financial services, health service, automotive, and drive-up uses are restricted. Most commercial uses, except financial services, are permitted on the first two stories. Administrative services (those not serving the public) are prohibited in order to prevent encroachment from downtown office uses. There are also special controls on restaurants

and tourist hotels. Building standards protect and complement the existing small-scale development and the historic character of the area.

The height limit applicable to the district will accommodate two floors of housing or institutional use above two floors of retail use. Accessory dwelling units are permitted.

Table 811

CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) C for Use Size is not required for Restaurants larger than 2,500 sq. ft., but C to establish the Use is required as indicated.

(2) Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:

(a) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code;

(b) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount;

(c) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past ten years; and

(d) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above.

(3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 235-06, File No. 060533, App. 9/14/2006; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; redesignated and amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 54-21, File No. 201326, App. 4/23/2021, Eff. 5/24/2021; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord.

022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord.

245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

Zoning Control Table: .74A and .74B added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: .41, .43, and .44 amended, former categories .42 and .45 deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: .54 amended; Specific Provisions: 811.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: .39a and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Zoning Control Table: .20 amended; Specific Provisions: 811.47b and 811.54 amended, former category 811.71 deleted; Ord. 227-14 , Eff. 12/13/2014. Specific Provisions: 811.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: .92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: .15, .16, and .17 amended; Ord. 2015 , Eff. 3/22/2015. Zoning Control Table: .54 amended; Specific Provisions: 811.54 amended; Ord. 73-15, Eff. 6/27/2015. Section redesignated (formerly Sec. 811.1); introductory material amended; Zoning Control Table: .91 amended; Specific Provisions: 811.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories .38a, .38b, .39a, and .39b deleted, .97 and .98 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 811.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: .30 amended; Ord. 217-16, Eff. 12/10/2016. Zoning Control Table: heading and categories .22 and .94 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .75 added; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: .75 and .83 deleted; Ord. 213-18, Eff. 10/15/2018. Zoning Control Table: .23 and .94 amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table: .23 and .94 amended; Ord. 311-18, Eff. 1/21/2019. Introductory material amended; Zoning Control Table replaced; Notes (1)-(2) added; Specific Provisions table deleted; Ord. 208-19, Eff. 10/21/2019. Zoning Control Table and Note (2)(c) amended; Ord. 63-20, Eff. 5/25/2020. Introductory material and Zoning Control Table amended; Ord. 54-21, Eff. 5/24/2021. Zoning Control Table amended; Ord. 111-21, Eff. 9/4/2021. Note (2) amended; Ord. 136-21, Eff. 9/4/2021. Second introductory paragraph and Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Second introductory paragraph, Zoning Control Table, and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. First introductory paragraph amended; Ord. 3324 , Eff. 3/23/2024. Zoning Control Table amended; Ord. 297-24 , Eff. 1/19/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. CODIFICATION NOTES

1. Note “(4)” is referenced as Note “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” had previously been added to this section by Ord. 233-21. 2. So in Ord. 245-25.

SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.

The Chinatown Residential Neighborhood Commercial District extends along Stockton Street between Sacramento and Broadway and along Powell Street between Washington Street and Broadway. It is generally west and uphill from Grant Avenue and is close to the relatively intensely developed residential areas of lower Nob and Russian Hills. Stockton Street is a major transit corridor which serves as “Main Street” for the Chinatown neighborhood. Both Stockton and Powell Streets contain a significant amount of housing as well as major community institutions supportive to Chinatown and the larger Chinese community. This daytime-oriented district provides local and regional specialty food shopping for fresh vegetables, poultry, fish, and meat. Weekends are this area’s busiest shopping days.

Because Stockton Street is intended to remain principally in its present character, the Stockton Street controls are designed to preserve neighborhood-serving uses and protect the residential livability of the area. The controls promote new residential development compatible with existing small-scale mixed-use character of the area. Consistent with the

residential character of the area, commercial development is directed to the ground story. Daytime-oriented use is protected and tourist-related uses and financial services are limited.

Housing development in new and existing buildings is encouraged above the ground floor. Institutional uses are also encouraged. Accessory Dwelling Units are permitted.

Table 812

CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

Table 812

CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT

ZONING CONTROL TABLE

• Not listed below

(1) Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that:

(a) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code;

(b) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount;

(c) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction associated with a separate unit(s) within the past ten years; and

(d) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above.

(2) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs.

(3) P if accessory to a Hotel, Personal Service or Health Service.

(4)1 P where existing use is any Automotive Use.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 24408, File No. 080567, App. 10/30/2008; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; redesignated and amended by Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; amended by Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 54-21, File

8/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 54-21, File

No. 201326, App. 4/23/2021, Eff. 5/24/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 7522, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 256-24, File No. 240727, App. 11/14/2024, Eff. 12/15/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026)

AMENDMENT HISTORY

Zoning Control Table: .74A and .74B added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: .41, .43, and .44 amended, former category .42 deleted; Ord. 75-12 , Eff. 5/23/2012. Zoning Control Table: .45 and .54 amended; Specific Provisions: 812.54 added; Ord. 56-13 , Eff. 4/27/2013. Zoning Control Table: .39a and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Specific Provisions: former category 812.71 deleted, Ord. 232-14 , Eff. 12/26/2014. Specific Provisions: 812.54 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: .92b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: .15, .16, and .17 amended; Ord. 20-15 , Eff. 3/22/2015. Zoning Control Table: .54 amended; Specific Provisions: 812.54 amended; Ord. 73-15, Eff. 6/27/2015. Section redesignated (formerly Sec. 812.1); introductory material amended; Zoning Control Table: .91 amended; Specific Provisions: 812.91 added; Ord. 162-15 , Eff. 10/18/2015. Zoning Control Table: former categories .38a, .38b, .39a, and .39b deleted, .97 and .98 added; Ord. 33-16 , Eff. 4/10/2016. Specific Provisions: 812.91 amended; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .30 amended; Ord. 217-16, Eff. 12/10/2016. Zoning Control Table: .22 and .94 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .75 added; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: .75 and .83 deleted; Ord. 213-18, Eff. 10/15/2018. Zoning Control Table: .23 and .94 amended; Ord. 277-18, Eff. 12/21/2018. Zoning Control Table: .23 and .94 amended; Ord. 311-18, Eff. 1/21/2019. Introductory material amended; Zoning Control Table replaced; Notes (1)-(2) added; Specific Provisions table deleted; Ord. 208-19, Eff. 10/21/2019. Zoning Control Table and Notes (1)(c) and (2) amended; Ord. 63-20, Eff. 5/25/2020. First introductory paragraph and Zoning Control Table amended; Ord. 54-21, Eff. 5/24/2021. Note (1) amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table amended; Note (3) added; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table and Note (3) amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Note (4)1 added; Ord. 190-22 , Eff. 10/17/2022. Zoning Control Table amended; Ord. 248-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 249-23 , Eff. 1/14/2024. Zoning Control Table amended; Ord. 256-24 , Eff. 12/15/2024. Zoning Control Table amended; Ord. 297-24 , Eff. 1/19/2025. Undesignated introductory material and Zoning Control Table amended; Ord. 245-25 , Eff. 1/12/2026. Zoning Control Table amended; Ord. 1-26 , Eff. 2/8/2026. CODIFICATION NOTES

1. Note “(4)” is referenced as Note “(3)” in Ord. 190-22. The note was redesignated by the codifier because a note designated as “(3)” had previously been added to this section by Ord. 233-21. 2. So in Ord. 245-25.

SEC. 813. [REDESIGNATED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 28713 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App.

12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; redesignated as Sec. 834 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 814. [REDESIGNATED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 18917, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; 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. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; redesignated as Sec. 837 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 815. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 49-09, File No. 081504, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff.

1/12/2019)

SEC. 816. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019) SEC. 817. [REPEALED.]

(See Interpretations related to this Section.)

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 221-05, File No. 050739, App. 9/9/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-

5, File No. 050739, App. 9/9/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-

13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 50-17, File No. 160748, App. 3/17/2017, Eff. 4/16/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 818. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 174-05, File No. 050830, App. 7/29/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 28713 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16 , File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 819. SOUTH OF MARKET EXTENDED PRESERVATION DISTRICT.

The South of Market Extended Preservation District, as shown on Sectional Map PD01 and PD07 of the Zoning Map, incorporates an area, formerly zoned C-3-S, in which provisions of Article 11 and Section 128 continue to be in effect. (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 68-13 , File No. 120474, App. 4/23/2013, Eff. 5/23/2013) AMENDMENT HISTORY

Section header and section amended; Ord. 68-13 , Eff. 5/23/2013.

SEC. 820. RESERVED.

(Added by Ord. 115-90, App. 4/6/90; repealed by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 821. [REPEALED.]

(Added by Ord. 115-90, App. 4/6/90; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)

SEC. 822. [REDESIGNATED.]

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 207-02, File No. 020782, App. 10/18/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; redesignated as Sec. 249.6 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 823. [REDESIGNATED.]

(Added by Ord. 206-06, File No. 060483, App. 7/25/2006; amended by Ord. 35-08, File No. 080156, App. 3/17/2008; 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. 204-14 , File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated as Sec. 249.39 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 825. DTR – DOWNTOWN RESIDENTIAL DISTRICTS.

(a) Description. Downtown Residential (DTR) Districts are transit-oriented, high-density mixed-use residential neighborhoods in and around downtown. These areas are generally transitioning from a variety of commercial and industrial to residential uses. The intent of this district is to enable a mix of new day and nighttime activities, with an emphasis on encouraging new housing within walking distance or a short transit-ride of downtown, supported by a mix of retail, and neighborhood services to meet the needs of residents and the larger downtown community.

High-density residential uses, including residential towers in select locations, are allowed and encouraged within the limits set by height and bulk controls. Given the district's proximity to downtown, a range of commercial uses is permitted on the lower stories, with active pedestrian-oriented retail, service, and entertainment uses on the ground floor. Along special streets, pedestrian-oriented uses are required on the first floor. Ground floor entries to individual dwelling units are encouraged on streets that will become primarily residential.

There is generally no pattern of mid-block open space or of rear yards. While lot coverage is limited for all levels with residential uses, traditional rear yard open spaces are not required except in the limited instances where there is an existing pattern of them. Specific height and bulk controls establish appropriate heights for both towers and mid-rise development, and ensure adequate spacing between towers and preserve light and air to streets and open spaces. Setbacks are required where necessary to buffer ground floor residential uses or to ensure sunlight access to streets and open spaces. To support the intensification of land uses in these districts, detailed traffic, streetscape and open space improvements will take place over time.

Downtown Residential Districts include all of the individual DTR districts governed this Code except the Transbay Downtown Residential District (TB-DTR), as set forth in Section 828, is governed by the Transbay Redevelopment Plan and its Development Controls and Design Guidelines.

(b) Building and Development Standards. In addition to or in-lieu of the requirements and standards elsewhere in this Code, the following building and development standards are applicable in the Downtown Residential Districts.

(1) Street-Facing Use Requirements. Pedestrian-oriented commercial, residential, institutional uses, and community services are required ground floor uses on all street facing frontages per the standards of Section 145.1 and 145.4, except for the minimum frontage required for fire doors, parking and loading access, and other utilities.

(2) Lot Coverage. The requirements of Section 134 shall not apply in DTR Districts. Except as more specifically limited in the Section governing an individual DTR district, lot coverage is limited to 80 percent at all residential levels except on levels in which all residential units face onto a public right-of-way or mid-block pedestrian path meeting the minimum standards of this Section. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c). Exceptions to the 20 percent open area requirement may be granted, pursuant to the provisions of Section 309.1, for conversions of existing non-residential structures where it is determined that provision of 20 percent open area would require partial demolition of the existing non-residential structure.

(3) Dwelling Unit Exposure. The requirements of Section 140 shall apply, Reductions in this requirement may be granted though the procedures of Section 309.1.

(4) Lighting. Pedestrian-scaled lighting shall be provided as an integral element of all building facades and shall be designed and located to accentuate the uses facing the street. Pedestrian-scaled lighting shall be incorporated into all facades and landscaped setback areas in the form of wall sconces, entry illumination and low-level lighting set into edging features. Lighting should be designed to accentuate ground floor retail and residential entries. Incandescent or colorcorrected lighting sources must be used.

(5) Off-Street Parking and Loading. Restrictions on the design and location of off-street parking and loading and access to off-street parking and loading are necessary to reduce their negative impacts on neighborhood quality and the pedestrian environment. Unless specified otherwise in an individual DTR district, the following off-street parking and loading controls shall apply:

(A) Required Below-Grade. All off-street parking in DTR districts shall be built below street grade. The design of parking on sloping sites must be reviewed through the procedures of Section 309.1, according to the following standards. (i) For sloping sites with a grade change of at least ten feet laterally along the street, no less than 50 percent of the perimeter of all floors with off-street parking shall be below the level of said sloping street; and

(ii) For sites that slope upwards from a street, no less than 50 percent of the perimeter of all floors with off-street parking shall be below the average grade of the site; and

(iii) Any above-grade parking shall be set back from the street facing facades and wrapped with active uses, as defined by Section 145.1, for a depth of no less than 25 feet at the ground floor and 15 feet on floors above.

(B) Parking and Loading Access.

(i) Width of openings. Any single development is limited to a total of two facade openings of no more than 11 feet wide each or one opening of no more than 22 feet wide for access to off-street parking and one facade opening of no more than 15 feet wide for access to off-street loading. Shared openings for parking and loading are encouraged. The maximum permitted width of a shared parking and loading garage opening is 27 feet.

(ii) Sidewalk narrowings or porte cocheres to accommodate passenger loading and unloading are not permitted. For the purpose of this section, a "porte cochere" is defined as an off-street driveway, either covered or uncovered, for the purpose of passenger loading or unloading, situated between the ground floor facade of the building and the sidewalk.

(c) Use. If there are two or more Uses in a structure, any Use not classified in Section 825(c)(1)(C) below as accessory will be considered separately as an independent permitted, conditional, temporary or not permitted Use.

(1) Permitted Uses.

(A) Principal Uses. All Uses are permitted as Principal Uses as of right in a Downtown Residential district unless otherwise indicated as a Conditional Use or Not Permitted in this Section 825 or any other Section governing an

individual DTR District; provided that additional Uses may be Principally Permitted pursuant to Section 202.11[1] Additional requirements and conditions may be placed on particular Uses as provided pursuant to Section 803.5 and other applicable provisions of this Code.

(B) Conditional Uses. Conditional uses are permitted in a Downtown Residential District, when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in the Section of this Code governing the individual DTR District. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.5 of this Code.

(i) Notwithstanding any other provision of this Article, a change in use or demolition of a movie theater use, as set forth in Section 890.64, shall require conditional use authorization. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited.

(C) Accessory Uses. Subject to the limitations set forth below, in Section 151.1, and elsewhere in this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful principal use or Conditional Use, or is appropriate, incidental and subordinate to any such use, and shall be permitted as an accessory use in a Downtown Residential District. In order to accommodate a principal use which is carried out by one business in multiple locations within the same general area, such accessory use need not be located in the same structure or lot as its principal use provided that (1) the accessory use is located within 1,000 feet of the principal use; (2) the multiple locations existed on the effective date of this amendment; and (3) the existence of the multiple locations is acknowledged in writing by the Zoning Administrator within 60 days after the effective date of this amendment. Any use, which does not qualify as an accessory use, shall be classified as a principal use. No use will be considered accessory to a principal use, which involves or requires any of the following:

(i) The use of more than one-third of the total occupied floor area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151.1, 156 and 303 of this Code;

(ii) Nighttime entertainment, massage establishment, Adult Sex Venue, or movie theater;

(iii) Any sign not conforming to the limitations of Section 607.2(f)(3).

(D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Downtown Residential Districts to the extent authorized by Sections 205 through 205.4 of this Code.

(E) Prohibited Uses.

(i) Uses which are specifically listed as Not Permitted (NP) in any Section governing an individual DTR District are not permitted. The use provisions of an individual DTR District shall apply in case of conflict with use limitations in Section 825. Signs not specifically permitted in Article 6 are not permitted.

(ii) No use, even though listed as a permitted use or otherwise allowed, shall be permitted in a Downtown Residential District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(iii) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 229.

(2) Residential Use Controls. Unless otherwise specified in a Section governing an individual DTR District, the following residential use controls shall apply:

(A) Required Residential to Non-Residential Use Ratio. For newly constructed buildings or additions which exceed 20 percent or more of an existing structure's gross floor area, at least six occupiable square feet of residential use shall be provided for each occupiable square foot of non-residential use, excluding accessory parking, on any lot legally existing. Hotels, inns, or hostels as defined under Section 209.2(d) and (e), time-share or fractional-ownership condominiums, and lawfully existing live/work units shall be considered as non-residential uses for the purpose of this section, and do not satisfy the residential requirement. Exemption from the required use ratio for building additions of less than 20 percent may not be granted for any single lot if such an exemption would increase the total square footage of the building to an amount 20 percent greater than existed on the lot since the adoption of this Section.

(B) For newly constructed buildings or additions, which exceed 20 percent or more of an existing structure's gross floor area, all building area above 85 feet in height shall be devoted to residential use.

(C) Residential Density. Form-Based Density applies in the Downtown Residential Districts.

(d) Reduction of Ground Level Wind Currents.

(1) Requirement. New buildings and additions to existing buildings shall be shaped, or other wind-baffling measures shall be adopted, so that the developments will not cause ground-level wind currents to exceed, more than 10 percent of the time year-round, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of substantial pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. The term "equivalent wind speed" shall mean an hourly mean wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.

(2) When preexisting ambient wind speeds exceed the comfort level, or when a proposed building or addition may cause ambient wind speeds to exceed the comfort level, the building shall be designed to reduce the ambient wind speeds to meet the requirements.

(3) Exception. The Zoning Administrator may allow the building or addition to add to the amount of time the comfort level is exceeded by the least practical amount if (i) it can be shown that a building or addition cannot be shaped and other wind-baffling measures cannot be adopted to meet the foregoing requirements without creating an unattractive and ungainly building form and without unduly restricting the development potential of the building site in question, and (ii) the Zoning Administrator concludes that, because of the limited amount by which the comfort level is exceeded, the addition is insubstantial. The Zoning Administrator shall not grant an exception, and, no building or addition shall be permitted that causes equivalent winds speeds to reach or exceed the hazard level of 26 miles per hour for a single hour of the year.

(4) Procedures. Procedures and methods for implementing this Section shall be specified by the Environmental Review Officer of the Planning Department.

(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 94-06, File No. 050182, App. 5/19/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 56-13 , File No.

130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; 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; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Divisions (c) and (d) added; Ord. 56-13 , Eff. 4/27/2013. Divisions (c), (c)(1)(C), and (c)(1)(C)(i) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (c) and (c)(1)(A)-(c)(1)(B)(i) amended; Ord. 129-17, Eff. 7/30/2017. Division (c)(1)(B) amended; Ord. 296-18, Eff. 1/12/2019. Division (c)(1)(C)(ii) amended; Ord. 75-22, Eff. 6/13/2022. Division (c)(2)(C) amended; Ord. 245-25, Eff. 1/12/2026. Divisions (c) and (c)(1)(A) amended; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 37-26. SEC. 825.1. RESERVED. (Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Repealed by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH-DTR).

The Rincon Hill Downtown Residential Mixed Use District (RH-DTR), the boundaries of which are shown in Section Map No. 1 of the Zoning Map, is established for the purposes set forth below.

The RH-DTR District is adjacent to the southern edge of the downtown, generally bounded by Folsom Street, the Bay Bridge, the Embarcadero, and Essex Street. High-density residential uses and supporting commercial and institutional uses are allowed and encouraged within the limits set by height, bulk, and tower spacing controls. Folsom Street is intended to develop as the neighborhood commercial heart of the Rincon Hill and Transbay neighborhoods, and pedestrian-oriented uses are required on the ground floor. Individual townhouse dwelling units with ground floor entries directly to the street are required on streets that will become primarily residential, including First, Fremont, Beale, Main, and Spear Streets. While lot coverage is limited for all levels with residential uses that do not face onto streets or alleys, traditional rear yard open spaces are not required except in the limited instances where there is an existing pattern of them, such as smaller lots on the Guy Place block. Specific height, bulk, and setback controls establish appropriate heights for both towers and mid-rise podium development and ensure adequate spacing between towers in order to establish a

neighborhood scale and ensure light and air to streets and open spaces. Setbacks are required where necessary to provide transition space for ground floor residential uses and to ensure sunlight access to streets and open spaces. Off-street parking must be located below grade.

Given the need for services and open space resulting from new development, projects will provide or contribute funding for the creation of public open space and community facilities as described in the Rincon Hill Area Plan of the General Plan. The Rincon Hill Streetscape Plan, part of the Area Plan, proposes to enhance and redesign most streets in the district to create substantial new open space amenities, improve pedestrian conditions, and improve the flow of local traffic and transit. Detailed standards for the provision of open spaces, mid-block pathways, and residential entries are provided to ensure that new buildings contribute to creating a public realm of the highest quality in Rincon Hill. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 827

RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT

ZONING CONTROL TABLE

Table 827

RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT

ZONING CONTROL TABLE

SPECIFIC PROVISIONS FOR

RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE

Section Zoning Controls

(a) Building Standards.

(1) Development Concept. The development concept is for podium development up to 85 feet in height, with slender residential towers spaced to provide ample light and air to the district. New development will contribute to the creation of a substantial amount of public open space, as well as provide private common areas, courtyards, and balconies. Streets will be improved to provide widened sidewalks with substantial public open space. Ground floor uses will be pedestrian-oriented in character, consisting primarily of retail on Folsom Street, and individual townhouse-style residential units on First, Fremont, Beale, Main, and Spear Streets, as well as on alleys and mid-block pathways. Parking will be located below grade, and building utilities (loading bays, service doors, garage doors) will be located in sidewalk vaults or on secondary frontages.

(2) Street-Facing Use Requirements. Pedestrian-oriented retail, residential, institutional uses, and community services are required ground floor uses on all street facing frontages, except for the minimum frontage required for fire doors, parking and loading access, and other utilities.

(A) Required Ground Floor Retail Spaces. For frontages facing Folsom Street, ground floor space suitable for retail use is required for no less than 75 percent of all frontages, as specified in Section 145.4.

(B) Required Individual Ground Floor Residential Units. For building frontages facing Fremont, First, Main, Beale and Spear Streets more than 60 feet from an intersection with Folsom, Harrison, or Bryant Streets, and for building frontages facing Guy Place and Lansing Street, individual ground floor residential units with direct pedestrian access to the sidewalk are required at intervals of no greater than 25 feet, except where residential lobbies, parking and loading access, utilities, and open space are necessary and provided pursuant to the allowances of Section 827 and other sections of this Code. Individual ground floor residential units are also encouraged along Harrison Street, Bryant Street, and alleys and mid-block pedestrian paths where appropriate.

Figure 827(B): Frontages Where Ground Floor Retail Uses Are Required.

Figure 827(C): Frontages Where Ground Floor Residential Uses/Entries Are Required.

(3) Required Streetwall. Building area below 85 feet in height is required to be built to 100 percent of all property lines facing public rights-of-way, except where setbacks are required by this Section and except where publicly accessible open space is provided according to the provisions of this Section. Recesses, insets and breaks between buildings are permitted to provide vertical articulation to the facade, provided the overall integrity of the streetwall is maintained.

(4) Lot Coverage. Lots fronting only on the north side of Guy Place are permitted up to 80 percent lot coverage.

(5) Upper Story Setback. To ensure adequate sunlight to streets, alleys, and pedestrian pathways, upper story setbacks are required as follows:

(A) All buildings are required to set back at least 10 feet above a height of 65 feet along Spear, Main, Beale, Fremont and First Streets. This requirement shall not apply to street frontage occupied by a building taller than 85 feet. This upper story setback requirement shall also not apply to the first 60 linear feet of frontage from corners at Folsom, Harrison, and Bryant Streets.

(B) Buildings greater than 60 linear feet from a major street along Guy Place, Lansing Street, and any proposed or existing private or public mid-block pedestrian pathways, are required to be set back at least 10 feet above 45 feet in height from said right-of-way.

(C) In order to increase sun access to mid-block pathways and uses along such pathways, all building frontage on the southeast side of mid-block pathways not occupied by a building taller than 85 feet must set back upper stories by 10 feet above a building height of 45 feet. For projects on the south side of a mid-block pedestrian pathway taller than 65 feet, an additional upper story setback of 10 feet is required above a building height of 65 feet.

ys and uses along such pathways, all building frontage on the southeast side of mid-block pathways not occupied by a building taller than 85 feet must set back upper stories by 10 feet above a building height of 45 feet. For projects on the south side of a mid-block pedestrian pathway taller than 65 feet, an additional upper story setback of 10 feet is required above a building height of 65 feet.

(i) Modifications. For any lot on the north side of a required mid-block pedestrian pathway, a modification from the required upper story setback of 10 feet above a height of 45 feet may be granted according to the provisions of Section 309.1, provided that, in total, the building is set back by a volume equal to what would be required by meeting the standard in (C) above, and the modification would substantially improve the accessibility, design and character of the midblock pedestrian pathway.

Figure 827(D): Required Upper Story Stepbacks

(6) Ground Floor Residential Units. Where ground floor residential units are required along Spear, Main, Beale, Fremont, and First Streets, the design standards of the Ground Floor Residential Design Guidelines apply. Ground floor residential units along Guy Place and Lansing Street, within the footprint of towers taller than 105 feet, and those that are proposed in locations where they are not required, are encouraged to meet the standards in this subsection to the greatest degree possible.

(7) Ground Floor Commercial Design. Ground floor commercial spaces must meet the standards set in Section 145.1 and 145.4.

Figure 827(E): Ground Floor Commercial Frontages

(8) Off-Street Parking and Loading.

(A) Parking and Loading Access.

(i) Width of openings. The maximum permitted width of all combined parking and loading openings on Guy Place and Lansing Street for any single project is 20 feet.

(ii) Folsom Street. Access to off-street parking is not permitted on Folsom Street for lots with frontage on another street. For lots fronting solely on Folsom Street, access to parking on a Folsom Street frontage is permitted only through the processes established by Section 309.1 by demonstrating that every effort has been made to minimize negative impact on the pedestrian quality of the street. Loading may not be accessed from Folsom Street.

(9) Open Space.

(1) In addition to the standards of Section 135, open space intended to fulfill the requirements of off-site or publicly-accessible open space may include streetscape improvements with landscaping and pedestrian amenities on Guy Place and Lansing Street, beyond basic street tree planting or street lighting as otherwise required by this Code, in accordance with the Streetscape Plan of the Rincon Hill Area Plan.

(10) Streetscape Standards.

• (A) Sidewalk Treatments.

(i) For all frontages abutting a public sidewalk, the project sponsor is required to install sidewalk widening, street trees, lighting, decorative paving, seating and landscaping in accordance with the Streetscape Plan of the Rincon Hill Area Plan, developed by the Planning Department and approved by the Board of Supervisors.

(ii) Prior to approval by the Board of Supervisors of a Streetscape Plan for Rincon Hill, the Planning Commission, through the procedures of Section 309.1, shall require an applicant to install sidewalk widening, street trees, lighting, decorative paving, seating, and landscaping in keeping with the intent of the Rincon Hill Area Plan of the General Plan and in accordance with subsections (iii) - (vi) below.

(iii) Sidewalk treatments shall comply with any applicable ordinances and with any applicable regulation of the Art Commission, the Department of Public Works and the Bureau of Light, Heat and Power of the Public Utility Commission regarding street lighting, sidewalk paving, and sidewalk landscaping.

(iv) The Streetscape Plan and any Commission requirement pursuant to subsection (ii) shall require the abutting property owner or owners to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act.

• (v) Notwithstanding the provisions of this Section, an applicant shall apply for all required permits for changes to the legislated sidewalk widths and street improvements and pay all required fees.

• (vi) The owner of the property is required to maintain all those improvements other than lighting.

(B) Mid-Block Pedestrian Pathways. For developments on Assessor's Blocks 3744 - 3748, the Commission may require, pursuant to Section 309.1, the applicant to provide a mid-block pedestrian pathway for the entire depth of their property where called for by the Rincon Hill Area Plan of the General Plan. This pathway shall be designed in accordance with the standards of this Section.

• (i) Design. The design of the pathway shall meet the following minimum requirements:

• (AA) Have a minimum width of 20 feet from building face to building face;

• (BB) Have a minimum clear walking width of 10 feet free of any obstructions.

• (CC) Be open to the sky and free from all encroachments for that entire width, except for those permitted in front setbacks by Section 136 of this Code;

• (DD) Provide such ingress and egress as will make the area easily accessible to the general public;

• (EE) Be protected from uncomfortable wind, as called for elsewhere in this Code;

• (FF) Be publicly accessible, as defined elsewhere in this Section;

• (GG) Be provided with special paving, furniture, landscaping, and other amenities that facilitate pedestrian use;

• (HH) Be provided with ample pedestrian lighting to ensure pedestrian comfort and safety;

• (II) Be free of any changes in grade or steps not required by the natural topography of the underlying hill; and

• (JJ) Be fronted by active ground floor uses, such as individual townhouse residential units, to the greatest extent possible.

(ii) Prior to issuance of a permit of occupancy, informational signage directing the general public to the pathway

shall be placed in a publicly conspicuous outdoor location at street level stating its location, the right of the public to use the space and the hours of use, and the name and address of the owner or owner's agent responsible for maintenance.

(iii) The owner of the property on which the pathway is located shall maintain it by keeping the area clean and free of litter and keeping in a functional and healthy state any street furniture, lighting and/or plant material that is provided.

(iv) Notwithstanding the provisions of this subsection, an applicant shall obtain all required permits for changes to the legislated sidewalk and street improvements and pay all required fees.

(v) The property owner or owners must hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the

improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act.

(b) Uses.

(1) Housing Requirement for Residential Developments. The requirements of Sections 415 through 415.9 shall apply in the RH-DTR subject to the following exceptions:

(A) Below-market-rate units as required by Sections 415 through 415.9 that are built off-site must be built within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.

(B) No less than fifty percent (50%) of the fees that are paid due to development in the Rincon Hill Area Plan under Section 415 et seq. (formerly Section 315.4(e)(2) and 315.6) shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for and designated exclusively to increase the supply of affordable housing in the SOMA area.

(C) The Mayor's Office of Housing must submit a resolution to the Board of Supervisors with a plan for the use of all Affordable Housing Fee payments generated from the Rincon Hill Area Plan prior to any expenditure of the Funds. (Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 16216 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 187-24, File No. 240173, App. 7/26/2024, Eff. 8/26/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Zoning Control Table: .54 added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: .35 amended; Specific Provisions: 827.35 added; Ord. 56-13 , Eff. 4/27/2013. Former division (b)(1)(A) deleted; former divisions (b)(1)(B), (C), and (D) redesignated as (b)(1)(A), (B), and (C); Ord. 62-13 , Eff. 5/10/2013. Zoning Control Table: .51 and .52 amended; Ord. 287-13 , Eff. 1/25/2014. Specific Provisions: 827.35 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: .48b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: .17, .18, and .19 amended; Ord. 20-15 , Eff. 3/22/2015. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 73-15, Eff. 6/27/2015. Introductory material amended; Zoning Control Table: .47 amended; Specific Provisions: 827.47 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .23, .24, .36, .37, and .50 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .45b added; Ord. 189-17, Eff. 10/15/2017. Division (a)(3) amended; Ord.

d. 73-15, Eff. 6/27/2015. Introductory material amended; Zoning Control Table: .47 amended; Specific Provisions: 827.47 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .23, .24, .36, .37, and .50 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .45b added; Ord. 189-17, Eff. 10/15/2017. Division (a)(3) amended; Ord.

14-18, Eff. 3/12/2018. Zoning Control Table: .30 redesignated as .30a and amended; b[2] added; Ord. 303-18 , Eff. 1/21/2019. Zoning Control Table: No. b corrected to .30b and amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table: .45c added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: .40a and .40b added; Ord. 190-22, Eff. 10/17/2022. Introductory material amended; Specific Provisions: 827.47 amended; Ord. 62-24, Eff. 4/28/2024. Zoning Control Table: .10, .17, .18, .19, .20, .33, and .54 amended; Ord. 187-24, Eff. 8/26/2024.. Zoning Control Table: .21 amended; Ord. 173-25, Eff. 10/6/2025. Zoning Control Table: .13, .14, .21, .47, and .48 amended; .47b and .47c added; Ord. 245-25, Eff. 1/12/2026.

CODIFICATION NOTE

1. So in Ord. 99-17.

SEC. 828. TRANSBAY DOWNTOWN RESIDENTIAL DISTRICT (TB-DTR).

The Transbay Downtown Residential District, which is wholly within the Transbay Redevelopment Project Area, comprises mostly publicly owned parcels containing infrastructure or underutilized land related to the Transbay Terminal and former Embarcadero Freeway. This district generally extends along the north side of Folsom Street from Spear to Essex Streets, and between Main and Beale Streets to the north side of Howard Street. Laid out in the Transbay Redevelopment Plan and its companion documents, including the Design for the Development and the Development Controls and Design Guidelines for the Transbay Redevelopment Project, is the comprehensive vision for this underutilized area as a high-density, predominantly residential, district within walking distance of the downtown core, transit facilities, and the waterfront. The plan for the district includes: a mix of widely-spaced high-rises, mixed with a street-defining base of low- and mid-rise buildings with ground floor townhouses; a public open space on part of the block bounded by Folsom, Beale, Howard, and Main Streets; ground-floor retail along Folsom Street; and several new alleyways to break up the size of the blocks.

(a) Basic Controls. Development controls for this district are established in the Transbay Redevelopment Plan as approved by the Planning Commission on December 9, 2004, and January 13, 2005, specifically the Development Controls and Design Guidelines for the Transbay Redevelopment Project. On matters to which these Redevelopment documents are silent, controls in this Code pertaining to the C-3-O District shall apply. The C-3-O District permits construction of Accessory Dwelling Units pursuant to Section 207.1 of this Code.

lanning Commission on December 9, 2004, and January 13, 2005, specifically the Development Controls and Design Guidelines for the Transbay Redevelopment Project. On matters to which these Redevelopment documents are silent, controls in this Code pertaining to the C-3-O District shall apply. The C-3-O District permits construction of Accessory Dwelling Units pursuant to Section 207.1 of this Code.

(Added by Ord. 94-06, File No. 050182, App. 5/19/2006; amended by Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Division (a) amended; Ord. 162-16 , Eff. 9/3/2016. Division (a) amended; Ord. 62-24, Eff. 4/28/2024.

SEC. 829. SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (SB-DTR).

The South Beach Downtown Residential Mixed Use District (SB-DTR), the boundaries of which are shown in Section Map No. 1 of the Zoning Map, is established for the purposes set forth below.

The SB-DTR District is adjacent to the southern edge of the downtown, generally bounded by the Bay Bridge, Bryant Street, the Embarcadero, and 2nd Street, and is primarily comprised of the former South Beach Redevelopment Area. High-density residential uses and supporting commercial and institutional uses are allowed and encouraged within the limits set by height, bulk, and tower spacing controls. Individual townhouse dwelling units with ground floor entries directly to the street are generally required on streets.

While lot coverage is limited for all levels with residential uses that do not face onto streets or alleys, traditional rear yard open spaces are not required. Specific height, bulk, and setback controls establish appropriate heights for both towers and mid-rise podium development and ensure adequate spacing between towers in order to establish a neighborhood scale and ensure light and air to streets and open spaces. Setbacks are required where necessary to provide transition space for ground floor residential uses and to ensure sunlight access to streets and open spaces. Off-street parking must be located below grade. Accessory Dwelling Units are permitted within the district.

Table 829

SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE

Table 829

SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE

SPECIFIC PROVISIONS FOR

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; 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; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 30318, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 187-24, File No. 240173, App. 7/26/2024, Eff. 8/26/2024; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Zoning Control Table: .53 added; Ord. 66-11 , Eff. 5/20/2011. Zoning Control Table: .35 amended; Specific Provisions: 829.35 added; Ord. 56-13 , Eff. 4/27/2013. Specific Provisions: 829.35 amended; Ord. 235-14 , Eff. 12/26/2014. Zoning Control Table: .48b added; Ord. 14-15 , Eff. 3/15/2015. Zoning Control Table: .17, .18, and .19 amended; Ord. 20-15 , Eff. 3/22/2015. Zoning Control Table: .35 amended; Specific Provisions: 829.35 amended; Ord. 73-15, Eff. 6/27/2015. Introductory material amended; Zoning Control Table: .47 amended; Specific Provisions: 829.47 added; Ord. 162-16 , Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16 , Eff. 9/10/2016. Zoning Control Table: .23, .24, .36, .37, and .50 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .45a added; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: heading amended; .30 redesignated as .30a and amended; .30b added; Ord. 303-18 , Eff. 1/21/2019. Zoning Control

Table: .35 amended; Specific Provisions: 829.35 amended; Ord. 233-21 , Eff. 1/22/2022. Zoning Control Table: .35 amended; Specific Provisions: 829.35 amended; Ord. 37-22 , Eff. 4/14/2022. Zoning Control Table: .45b added; Ord. 7522 , Eff. 6/13/2022. Zoning Control Table: .40a and .40b added; Ord. 190-22 , Eff. 10/17/2022. Introductory material amended; Specific Provisions: 829.47 amended; Ord. 62-24 , Eff. 4/28/2024. Zoning Control Table: .10, .17, .18, .19, .20, .30b, .33, .51, .52, and .53 amended; Ord. 187-24, Eff. 8/26/2024. Zoning Control Table: .21 amended; Ord. 173-25, Eff. 10/6/2025. Introductory material amended; Zoning Control Table: .21, .47, and .48 amended; .47b and .47c added; Ord. 245-25. Eff. 1/12/2026.

CODIFICATION NOTE 1. So in Ord. 99-17.

SEC. 830. CMUO – CENTRAL SOMA MIXED USE-OFFICE DISTRICT.

The Central SoMa Mixed Use-Office (CMUO) extends predominantly between 2nd Street and 6th Street in the South of Market area. The CMUO is designed to encourage a mix of residential and non-residential uses, including office, retail, light manufacturing, arts activities, nighttime entertainment, and tourist hotels.

Table 830

CMUO – CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

Table 830

CMUO – CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

• Not Listed Below

(1) P up to 25,000 gross sq. ft. per lot; above 25,000 gross sq. ft. per lot permitted only if the ratio of other permitted uses to retail is at least 3:1.

(2) Not subject to ratio requirements of (1) above, pursuant to § 803.9(d).

(3) Formula Retail NP.

(4) P in the area bounded by 4th Street, 6th Street, Bryant Street, and Townsend Street; C elsewhere.

(5) C if a Macro WTS Facility; P if a Micro WTS Facility.

(Added as Sec. 848 by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 6224, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Introductory material and Zoning Control Table amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table amended; Ord. 47-21, Eff. 5/17/2021. Zoning Control Table amended; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table amended; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table amended; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 830; Zoning Control Table 848 amended and redesignated as Table 830; Ord. 70-23, Eff. 6/3/2023. Table 830 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Table 830 amended; Ord. 62-24, Eff. 4/28/2024. Table 830 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 830 amended; Ord. 297-24, Eff. 1/19/2025. Table 830 amended; Ord. 245-25, Eff. 1/12/2026. Table 830 amended; Ord. 1- 26, Eff. 2/8/2026. Table 830 and Note (2) amended; Ord. 37-26. Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 63-20 and Ord. 245-25.

SEC. 831. MUG – MIXED USE-GENERAL DISTRICT.

The Mixed Use-General (MUG) District is largely comprised of the low-scale, production, distribution, and repair (PDR) uses mixed with housing and small-scale retail. The MUG is designed to maintain and facilitate the growth and expansion of small-scale light manufacturing, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. Housing is encouraged over ground floor commercial and PDR uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units would be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted.

Adult Business and heavy manufacturing uses are not permitted. Office is restricted to the upper floors of multiple story buildings.

Table 831

MUG – MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE

• Not listed below (1) [Note Deleted] (2) [Note Deleted] (3) P if the facility is a Micro WTS Facility. (4) Within the Central SOMA SUD, see Planning Code Section 249.78 for specific controls. (5) P up to a total of 25,000 Gross Square Feet per lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail is at least 3:1. CU requirements for individual uses still apply. (6) P on all floors if accessory to a Hotel, Personal Service, or Health Service Use. (7) NP outside the Central SoMa SUD and the Eastern SoMa Plan Area. (8) C for Pool Halls.

(Added as Sec. 840 by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App.

3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff.

1/19/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 840.97 redesignated as 840.97A and amended, 840.97B and 840.97C added; Ord. 66-11, Eff. 5/20/2011. Introductory material amended; Zoning Control Table: 840.04, 840.45, 840.62, 840.65, 840.85, and 840.86 amended, former category 840.52 deleted, 840.65A added; Ord. 196-11, Eff. 11/3/2011. Introductory material amended; Zoning Control Table: 840.47 amended; Ord. 75-12, Eff. 5/23/2012. Zoning Control Table: former category 840.23 deleted; Ord. 188-12, Eff. 10/11/2012. Zoning Control Table: 840.26 reference corrected; Ord. 62-13, Eff. 5/10/2013. Zoning Control Table: former category 840.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 840.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 840.23 added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 840.05 amended; Ord. 20-15, Eff. 3/22/2015. Introductory material amended; Zoning Control Table: 840.24 amended; Specific Provisions: 840.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 840.92 amended; former category 840.93 deleted; 840.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 840.10, 840.41, and 840.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 840.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 840.36, 840.87, 840.97B, and 840.97C amended; 840.52 added; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 840.01, 840.02, 840.03, 840.04, 840.09, 840.11, 840.12, 840.36, 840.45, 840.46, 840.56, 840.65A, 840.66, 840.96, and 840.98 amended; categories 840.12A, 840.14A, and 840.15 through new 840.20 added; former categories 840.20 through 840.27 redesignated as 840.21 through 840.28; current 840.21, 840.22, and 840.23 amended; Specific Provisions: 840.24 redesignated as 840.25; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 840.31 amended; Ord. 303-18, Eff. 1/21/2019. Introductory material amended; Zoning Control Table: 840.19, 840.22, and 840.23 amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 840.19, 840.20, 840.22, and 840.23 amended; Ord. 47-21, Eff. 5/17/2021. Zoning Control Table: 840.65A amended; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table: 840.52A added; 840.65A amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table: 840.53 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 840.76 and 840.77 added; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 831; third undesignated introductory paragraph amended; Zoning Control Table 840 and Specific Provisions deleted; Table 831 and Notes * and (1)-(8) added; Ord. 70-23, Eff. 6/3/2023. Table 831 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 831 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 831 amended; Note (2) deleted; Ord. 297-24, Eff. 1/19/2025. Table 831 amended; Ord. 173-25, Eff. 10/6/2025. Introductory material and Table 831 amended; Ord. 245-25, Eff. 1/12/2026. Table 831 amended; Ord. 1- 26, Eff. 2/8/2026. Table 831 amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 70-23.

† Editor’s Note:

This Use, added to former Table 840 by Ord. 190-22, was inadvertently omitted from Table 831 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 832. MUO – MIXED USE-OFFICE DISTRICT.

The Mixed Use-Office (MUO) is designed to encourage office uses and housing, as well as small-scale light manufacturing and arts activities. Nighttime entertainment and small tourist hotels are permitted as a conditional use.

Large tourist hotels are permitted as a conditional use in certain height districts. Dwelling units and group housing are permitted, while demolition or conversion of existing dwelling units or group housing requires conditional use authorization. Family-sized housing is encouraged. Accessory Dwelling Units are permitted.

Office, general commercial, most retail, production, distribution, and repair uses are also principal permitted uses. Adult entertainment and heavy manufacturing uses are not permitted.

Table 832

MUO – MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

Table 832

MUO – MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

Homeless Shelter Density §§ 208 Density limits regulated by the Administrative Code.

• Not listed below (1) [Note Deleted] (2) P if the facility is a Micro WTS Facility. (3) [Note Deleted] (4) In the MUO District west of 7th Street, P up to a total of 25,000 Gross Square Feet per lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail is at least 3:1. CU requirements for individual uses still apply. The ratio requirement in this footnote 4 shall not apply in the MUO District east of 7th Street. (5) Allowed with CU authorization if the Hotel has less than 75 rooms. In Height Districts that are 105 feet and above, Hotels are allowed with CU authorization and not subject to a room limit. (6) The use size limits in Section 121.6 shall not apply to Health Service Uses and Reproductive Health Clinics located in the MUO District east of 7th Street.

(Added as Sec. 842 by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 197-13, File No. 130646, App. 10/3/2013, Eff. 11/2/2013; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 92-25, File No. 250099, App. 6/20/2025, Eff. 7/21/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 842.97 redesignated as 842.97A and amended, 842.97B and 842.97C added; Ord. 66-11, Eff. 5/20/2011. Zoning Control Table: 842.04, 842.45, 842.62, 842.65, 842.85, and 842.86 amended; Ord. 196-11, Eff. 11/3/2011. Zoning Control Table: former category 842.23 deleted; Ord. 188-12, Eff. 10/11/2012. Zoning Control Table: 842.26 reference corrected; Ord. 62-13, Eff. 5/10/2013. Introductory material amended; Zoning Control Table: 842.49 amended; Ord. 197-13, Eff. 11/2/2013. Zoning Control Table: former category 842.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 842.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 842.23 added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 842.05 amended; Ord. 20-15, Eff. 3/22/2015. Introductory material amended; Zoning Control Table: 842.24 amended; Specific Provisions: 842.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 842.92 amended; former category 842.93 deleted; 842.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 842.10, 842.41, and 842.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 842.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 842.36, 842.87, 842.97B, and 842.97C amended; Ord. 229-17, Eff. 1/5/2018. Introductory material amended; Zoning Control Table: 842.06, 842.09, 842.45, 842.96, and 842.98 amended; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 842.31 amended; Ord. 303-18, Eff. 1/21/2019. Introductory material amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 842.50 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control

Table: 842.76 and 842.77 added; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 832; Zoning Control Table 842 and Specific Provisions deleted; Table 832 and Notes * and (1)-(5) added; Ord. 70-23, Eff. 6/3/2023. Table 832 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 832 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 832 amended; Note (3) deleted; Ord. 297-24, Eff. 1/19/2025. Table 832 and Note (4) amended; Note (6) added; Ord. 92-25, Eff. 7/21/2025. Table 832 amended; Ord. 173-25, Eff. 10/6/2026. Introductory material and Table 832 amended; Ord. 245-25, Eff. 1/12/2026. Table 832 amended; Ord. 1-26, Eff. 2/8/2026. Table 832 amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 70-23.

† Editor’s Note:

This Use, added to former Table 842 by Ord. 190-22, was inadvertently omitted from Table 832 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 833. MUR – MIXED USE-RESIDENTIAL DISTRICT.

The Mixed Use-Residential District (MUR) is intended to facilitate the development of high-density, mid-rise housing, including family-sized housing and residential hotels. The district is also designed to encourage the expansion of retail, business service, and commercial and cultural arts activities. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Mixed Use-Residential District (MUR) is intended to facilitate the development of high-density, mid-rise housing, including family-sized housing and residential hotels. The district is also designed to encourage the expansion of retail, business service, and commercial and cultural arts activities. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Continuous ground floor commercial frontage with pedestrian-oriented retail activities along major thoroughfares is encouraged. Hotels, adult entertainment, and heavy manufacturing uses are not permitted. Nighttime entertainment uses generally are not permitted. Office is limited by residential-to-non residential ratio in new construction.

Table 833

MUR – MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE

Table 833

MUR – MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) P in historic buildings per § 803.9(b). (2) P if the facility is a Micro WTS Facility. (3) For projects within the Central SoMa SUD, see specific requirements in Section 249.78. (4) [Note Deleted] (5) P on all floors if accessory to a Hotel, Personal Service, or Health Service, or if located within a historic building per § 803.9(b).

(6) NP outside of the Central SoMa SUD and the East SoMa Plan Area. (7) C for Pool Hall.

(8) General Entertainment and Nighttime Entertainment uses are P for Assessor’s Block 3750, Lot 050.

(Added as Sec. 841 by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 16216, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord.

99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 64-25, File No. 241208, App. 5/9/2025, Eff. 6/9/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 841.97 redesignated as 841.97A and amended, 841.97B and 841.97C added; Ord. 66-11, Eff. 5/20/2011. Introductory material amended; Zoning Control Table: 841.04, 841.09, 841.45, 841.62, 841.65, 841.85, and 841.86 amended; Ord. 196-11, Eff. 11/3/2011. Zoning Control Table: former category 841.23 deleted; Ord. 188-12, Eff. 10/11/2012. Zoning Control Table: 841.26 reference corrected; Ord. 62-13, Eff. 5/10/2013. Zoning Control Table: former category 841.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 841.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 841.23 added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 841.05 amended; Ord. 20-15, Eff. 3/22/2015. Introductory material amended; Zoning Control Table: 841.24 amended; Specific Provisions: 841.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 841.92 amended; former category 841.93 deleted; 841.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 841.10, 841.41, 841.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 841.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 841.36, 841.87, 841.97B, and 841.97C amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 841.26 amended; Ord. 14-18, Eff. 3/12/2018. Introductory material amended; Zoning Control Table: 841.01, 841.02, 841.03, 841.04, 841.09, 841.11, 841.12, 841.36, 841.46, 841.56, 841.96, and 841.98 amended; 841.12A, 841.15 through new 841.20, and 841.52 added; former categories 841.20 through 841.27 redesignated as 841.21 through 841.28; current 841.21, 841.22, and 841.23 amended; Specific Provisions: 841.24 redesignated as 841.25; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 841.31 amended; Ord. 303-18, Eff. 1/21/2019. Introductory material amended; Zoning Control Table: 841.19, 841.22, and 841.23 amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 841.19, 841.20, 841.22, 841.23, and 841.46 amended; Ord. 47-21, Eff. 5/17/2021. Zoning Control Table: 841.59 amended; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table: 841.59 amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table: 841.53 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 841.76 and 841.77 added; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 833; Zoning Control Table 841 and Specific Provisions deleted; Table 833 and Notes * and (1)-(7) added; Ord. 70-23, Eff. 6/3/2023. Table 833 amended; Ord. 33-24, Eff. 3/23/2024. Table 833 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 833 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 833 amended; Note (4) deleted; Ord. 297-24, Eff. 1/19/2025. Introductory material and Table 833 amended; Note (8) added; Ord. 64-25, Eff. 6/9/2025. Table 833 amended; Ord. 245-25, Eff. 1/12/2026. Table 833 and Note (5) amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTE

1. So in Ord. 70-23.

† Editor’s Note:

This Use, added to former Table 841 by Ord. 190-22, was inadvertently omitted from Table 833 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 834. RED – RESIDENTIAL ENCLAVE DISTRICT.

Residential Enclave Districts (RED) encompass many of the clusters of low-scale, medium density, predominantly residential neighborhoods located along the narrow side streets of the South of Market area. Within these predominantly residential enclaves lie a number of vacant parcels, parking lots and other properties in open storage use. These properties are undeveloped or underdeveloped and are viewed as opportunity sites for new, moderate-income, in-fill housing. The zoning controls for this district are tailored to the design needs and neighborhood characteristics of these enclaves and are intended to encourage and facilitate the development of attractive, compatible and economically feasible in-fill housing while providing adequate residential amenities to the site and neighborhood.

Dwelling units are permitted as a principal use. Nonresidential uses, except art related activities, are not permitted, except for certain uses in historic buildings. Existing commercial activities in nonresidential structures may continue as nonconforming uses subject to the termination requirements of Sections 185 and 186. Accessory Dwelling Units are permitted.

Table 834

RED – RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) [Note Deleted]

(2) [Note Deleted]

(3) P in existing nonconforming commercial spaces as set forth in § 186; otherwise NP.

(4) P if the facility is a Micro WTS Facility

(5) [Note Deleted]

(6) Awning or canopy is P if required as a wind mitigation feature. Awnings are also P for Limited Commercial Uses, as described in Section 186 of this Code.

(Added as Sec. 813 by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App.

9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

d. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) AMENDMENT HISTORY

Zoning Control Table: 813.68 amended, 813.74A and 813.74B added; Ord. 66-11, Eff. 5/20/2011. Introductory material amended; Zoning Control Table: 813.16A added; 813.01, 813.02, 813.03, 813.05, 813.09, 813.10, 813.12, 813.13, 813.16, 813.18, 813.19, 813.20, 813.21, 813.23, 813.25, 813.26, 813.27, 813.28, 813.29, 813.30, 813.32, 813.37, 813.46, 813.48, 813.54, 813.55, 813.58, 813.66, 813.70, and 813.74B amended; former category 813.11 deleted; Specific Provisions: 813.23 deleted; Ord. 42-13, Eff. 4/27/2013. Zoning Control Table: 813.12 and 813.13 amended [identical amendments previously had been made by Ord. 42-13; Ord. 287-13, Eff. 1/25/2014. Zoning Control Table: 813.16B added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 813.04 and 813.13 amended; Ord. 33-16, Eff. 4/10/2016. Introductory material amended; Zoning Control Table: 813.03 amended; Specific Provisions: 813.03 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: former category 813.70 deleted, 813.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 813.22 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 813.71, 813.74A, and 813.74B amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 813.66 amended; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 813.18 amended; Ord. 303-18, Eff. 1/21/2019. Section redesignated as Sec. 834; Zoning Control Table 813 and Specific Provisions deleted; Table 834 and Table Notes * and (1)-(6) added; Ord. 70-23, Eff. 6/3/2023. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 834 amended; Note (5) deleted; Ord. 297-24, Eff. 1/19/2025. Table 834 amended; Ord. 173-25, Eff. 10/6/2025. Introductory material, Table 834, and Note (6) amended; Ord. 245-25, Eff. 1/12/2026. Table 834 amended; Ord. 1-26, Eff. 2/8/2026. Table 834 amended; Notes (1) and (2) deleted; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 70-23.

SEC. 835. RED-MX – RESIDENTIAL ENCLAVE-MIXED DISTRICT.

Residential Enclave-Mixed Districts (RED-MX) encompass some of the clusters of low-scale, medium density, predominantly residential neighborhoods located along the narrow side streets of the Western SoMa area. Many parcels in these residential enclaves are underdeveloped and represent opportunities for new residential and low-intensity commercial uses.

While residential uses are encouraged throughout these districts, group housing is limited, and student housing and single-room-occupancy units are prohibited. Small-scale retail, restaurants, arts activities, and other commercial uses are principally permitted to create the potential for more active, mixed use alleys. Some automobile-related and production, distribution, and repair uses are also permitted with limitations. Existing commercial activities in nonresidential structures may continue as nonconforming uses subject to the termination requirements of Article 1.7. Accessory Dwelling Units are permitted.

Table 835

RED-MX – RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE

Table 835

RED-MX – RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE

• Not listed below (1) P if the facility is a Micro WTS Facility. (2) [Note Deleted] (3) P up to 1,250 gsf per lot; C above; NP above 1 FAR. (4) Within the Western SoMa SUD, see Planning Code Section 249.39 for specific controls. (5) [Note Deleted]

(Added as Sec. 847 by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 9917, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 187-24, File No. 240173, App. 7/26/2024, Eff. 8/26/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 847.33 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 844.23b [later 847.23] added; Ord. 14-15, Eff. 3/15/2015. Introductory material amended; Zoning Control Table: 847.03 amended; Specific Provisions: 847.24 added [later 847.03]; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 847.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 847.25 - 847.30 and 847.58 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 847.22 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 847.66 amended; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 844.23b corrected to 847.23b; Specific Provisions: 847.24 corrected to 847.03; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table: 847.36a added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 847.64 and 847.65 added; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 835; Zoning Control Table 847 and Specific Provisions deleted; Table 835 and Notes * and (1)- (5) added; Ord. 70-23, Eff. 6/3/2023. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 835 amended; Ord. 187-24, Eff. 8/26/2024. Table 835 amended; Note (2) deleted; Ord. 297-24, Eff. 1/19/2025. Introductory material and Table 835 amended; Note (5) deleted; Ord. 245-25, Eff. 1/12/2026. Table 835 amended; Ord. 1-26, Eff. 2/8/2026. Table 835 amended; Note (5) deleted; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTES

1. So in Ord. 70-23.

2. So in Ord. 245-25.

† Editor’s Note:

This Use, added to former Table 847 by Ord. 190-22, was inadvertently omitted from Table 835 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 836. SALI – SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT.

The Service/Arts/Light Industrial (SALI) District is largely comprised of low-scale buildings with production, distribution, and repair uses. The District is designed to protect and facilitate the expansion of existing general commercial, manufacturing, home and business service, and light manufacturing activities, with an emphasis on preserving and expanding arts activities. Nighttime Entertainment is permitted. Residential Uses, Offices, Hotels, and Adult Entertainment uses are not permitted, except that certain Affordable Housing Projects are permitted within the district pursuant to Section 803.8 of this Code, and Accessory Dwelling Units are permitted.

Table 836

SALI – SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE

Table 836

SALI – SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) P if the facility is a Micro WTS Facility. (2) [Note Deleted] (3) NP, Except Affordable Housing Projects meeting the requirements of Section 803.8.

(4) Homeless Shelters permitted in SALI Districts.

(a) Principally-Permitted Homeless Shelters. During a declared shelter crisis, Homeless Shelters that satisfy the provisions of California Government Code Section 8698.4(a) shall be P, principally permitted and may be permanent.

(b) Conditionally-Permitted Homeless Shelters. Homeless Shelter uses are permitted only with Conditional Use authorization and only if each such use (i) would operate for no more than four years, and (ii) would be owned or leased by, operated by, or under the management or day-to-day control of the City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (i) preexisting, having been completed and previously occupied by a use other than a Homeless Shelter, or (ii) temporary. Other than qualifying Homeless Shelters constructed during a declared shelter crisis, construction of a permanent structure or building to be used as a Homeless Shelter is not permitted.

(5) P up to a total of 10,000 gsf per lot; C up to a total of 25,000 gsf per lot; NP above.

(6) C up to a total of 25,000 gsf per lot; NP above. (7) C up to 10,000 gsf per lot; NP above. (8) Within the Central SoMa SUD, see Planning Code Section 249.78 for specific controls. (9) Office Uses related to the Hall of Justice are P in Special Use District, pursuant to § 803.9(c).

(Added as Sec. 846 by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 18815, 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. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 213-16, File No. 160960, App. 11/4/2016, Eff. 12/4/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018,

Eff. 9/10/2018; Ord. 224-18, File No. 180364, App. 10/5/2018, Eff. 11/5/2018; Ord. 275-18, File No. 180910, App. 11/20/2018, Eff. 12/21/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 61-19, File No. 190047, App. 4/4/2019, Eff. 5/5/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 64-25, File No. 241208, App. 5/9/2025, Eff. 6/9/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: 846.26 reference corrected; Ord. 62-13, Eff. 5/10/2013. Zoning Control Table: former category 846.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 846.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 844.23b added; Ord. 14-15, Eff. 3/15/2015. Introductory material amended; Ord. 188-15, Eff. 12/4/2015. Introductory material amended; Zoning Control Table: 846.24 amended; Specific Provisions: 846.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 846.92 amended; former category 846.93 deleted; 846.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table, former category 844.23b renumbered as 846.23b and amended; Specific Provisions: 846.23b, 890.88(d) added; Ord. 213-16, Eff. 12/4/2016. Zoning Control Table: 846.10, 846.40, 846.41, and 846.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 846.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 846.87 amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 846.97b and 846.97c amended; Ord. 202-18, Eff. 9/10/2018. Introductory material amended; Zoning Control Table: 846.20, 846.21, and 846.22 amended; former category 846.26 deleted; former categories 846.24 and 846.25 renumbered as 846.25 and 846.26; new category 846.24 added; Specific Provisions: 803.8, 846.24 added; former 846.24 renumbered as 846.25; Ord. 224-18, Eff. 11/5/2018. Amendments made by Ord. 224-18 restated; Specific Provisions: 803.8, 846.24 amended; Ord. 275-18, Eff. 12/21/2018. Zoning Control Table: 846.09, 846.36, 846.65b, 846.96, and 846.98 amended; category 846.52 added; Ord. 296-18, Eff. 1/12/2019. Specific Provisions: 846.23b, 890.88(d) amended; Ord. 61-19, Eff. 5/5/2019. Introductory material amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 846.53 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 846.76 and 846.77 added; Ord. 190-22, Eff. 10/17/2022. Zoning Control Table: 846.56 amended; Note (1) added; Ord. 22-23, Eff. 3/26/2023. Section redesignated as Sec. 836; Zoning Control Table 846 and Specific Provisions deleted; Table 836 and Notes * and (1)-(10) added; Ord. 70-23, Eff. 6/3/2023. Table 836 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 836 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 836 and Note (10) amended; Note (2) deleted; Ord. 29724, Eff. 1/19/2025. Introductory material and Table 836 amended; Note (10) deleted; Ord. 64-25, Eff. 6/9/2025. Introductory material and Table 836 amended; Ord. 245-25, Eff. 1/12/2026. Table 836 amended; Ord. 1-26, Eff. 2/8/2026. Table 836 and Note (9) amended; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 70-23.

2. So in Ord. 245-25.

† Editor’s Note:

This Use, added to former Table 846 by Ord. 190-22, was inadvertently omitted from Table 836 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 837. SPD – SOUTH PARK DISTRICT.

South Park is an attractive affordable mixed-use neighborhood. The South Park District (SPD) is intended to preserve the scale and mix of commercial and residential activities within this unique neighborhood. The district is characterized by small-scale, continuous-frontage warehouse, retail and residential structures built in a ring around an oval-shaped, grassy park. Retention of the existing structures is encouraged, as is a continued mix of uses, family-sized housing units, and infill development which contributes positively to the neighborhood scale and use mix. Accessory Dwelling Units are permitted within the District.

Most retail, general commercial, office, service/light industrial, arts, live/work and residential activities are permitted. Group housing, social services, and other institutional uses are conditional uses. Hotels, motels, movie theaters, adult entertainment and nighttime entertainment are not permitted.

Table 837

SPD – SOUTH PARK DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) [Note Deleted]

(2) Fringe Financial Services SUD. Fringe Financial Services are NP within the District and within ¼ mile of the District as set forth in Section 249.35.

(3) P if the facility is a Micro WTS Facility

(4) Awning or canopy is P if required as a wind mitigation feature.

(5) Up to a total of 5,000 sq. ft. per lot; NP above.

(6) ATMs are NP

(Added as Sec. 814 by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 287-13, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 3316, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; 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. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 29724, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 814.74 redesignated as 814.74A; 814.74B and 814.74C added; Ord. 66-11, Eff. 5/20/2011. Zoning Control Table: 814.31 and 814.49 amended; Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011. Zoning Control Table: 814.32 amended; Ord. 75-12, Eff. 5/23/2012. Zoning Control Table: 814.16(a) amended; Specific Provisions: 814.16 added; Ord. 188-12, Eff. 10/11/2012. Zoning Control Table: 814.12 and 814.13 amended; Ord. 287-13, Eff. 1/25/2014. Zoning Control Table: former category 814.16(a) redesignated as 814.16A; 814.16B added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 814.05, 814.12, and 814.13 amended; Ord. 33-16, Eff. 4/10/2016. Introductory material amended; Specific Provisions: 814.03 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: former category 814.73 deleted, 814.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 814.11 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 814.22 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 814.31 amended; 814.75 added [under Retail Sales and Services]; 814.74A, 814.74B, and 814.74C amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 814.11 amended; former category 814.75 [under Retail Sales and Services] redesignated as 814.34; Ord. 202-18, Eff. 9/10/2018. Zoning Control Table: 814.23 amended; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 814.35 added; Ord. 75-22, Eff. 6/13/2022. Section redesignated as Sec. 837; Zoning Control Table 814 and Specific Provisions deleted; Table 837 and Notes * and (1)-(6) added; Ord. 70-23, Eff. 6/3/2023. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 837 amended; Note (4) deleted; Ord. 297-24, Eff. 1/19/2025. Introductory material and Table 837 amended; Note (4) added; Ord. 245-25, Eff. 1/12/2026. Table 837 amended; Ord. 1- 26, Eff. 2/8/2026. Table 837 amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026. CODIFICATION NOTE

1. So in Ord. 70-23.

SEC. 838. UMU – URBAN MIXED USE DISTRICT.

The Urban Mixed Use (UMU) District is intended to promote a vibrant mix of uses while maintaining the characteristics of this formerly industrially-zoned area. It is also intended to serve as a buffer between residential districts and PDR districts in the Eastern Neighborhoods. Within the UMU, allowed uses include production, distribution, and repair uses such as light manufacturing, home and business services, arts activities, warehouse, and wholesaling. Additional permitted uses include retail, educational facilities, and nighttime entertainment. Housing is also permitted, but is subject to higher affordability requirements. Family-sized dwelling units are encouraged. Within the UMU, office uses are generally prohibited in the Mission Area Plan and elsewhere are restricted to the upper floors of multiple story buildings. In considering any new land use not contemplated in this District, the Zoning Administrator shall take into account the intent

of this District as expressed in this Section 838 and in the General Plan. Accessory Dwelling Units are permitted within the district pursuant to Sections 207.1 and 207.2 of this Code.

Table 838

UMU – URBAN MIXED USE DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) P on Assessor’s Parcel Block No. 3781, Lot 003, and the Non-Residential Use Size controls in Section 838 shall not apply.

(2) P up to 3,999 gross sq. ft. per Use and requires C for 4,000 gross sq. ft. or greater per Use; P to 25,000 Gross Square Feet per Lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail on the Lot is at least 3:1.

(3) P up to 3,999 gross sq. ft. per use; C for 4,000 gross sq. ft. or greater per use. Not subject to 3:1 ratio.

(4) Uses subject to vertical control of § 803.9(c).

(5) [Note Deleted]

(Added as Sec. 843 by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 18917, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 133-20, File No. 200143, App. 8/21/2020, Eff. 9/21/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 47-25, File No. 250125, App. 4/17/2025, Eff. 5/18/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper.

1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 843.97 redesignated as 843.97A and amended; 843.97B and 843.97C added; Ord. 66-11, Eff. 5/20/2011. Zoning Control Table: 843.04 and 843.45 amended; former category 843.50 deleted; 843.62 and 843.65 amended; 843.65A added; 843.85 and 843.86 amended; Ord. 196-11, Eff. 11/3/2011. Zoning Control Table: former category 843.23 deleted; Ord. 188-12, Eff. 10/11/2012. Zoning Control Table: former category 843.88 deleted; Ord. 7114, Eff. 6/22/2014. Zoning Control Table: 843.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 843.23 added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 843.05 amended; Ord. 20-15, Eff. 3/22/2015. Introductory material amended; Zoning Control Table: 843.24 amended; Specific Provisions: 843.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 843.92 amended; former category 843.93 deleted; 843.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 843.10, 843.41, and 843.71 amended; Ord. 99-17, Eff. 99-17. Zoning Control Table: 843.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 843.36, 843.87, 843.97B, and 843.97C amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 843.09, 843.45, 843.51, 843.65A, 843.66, 843.96, and 843.98 amended; Ord. 296-18, Eff. 1/12/2019. Introductory materal amended; Zoning Control Table: 843.65A and 843.66 amended; Table Notes (1) and (2) added; Ord. 133-20, Eff. 9/21/2020. Zoning Control Table: 842.50 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 843.68 and 843.69 added; Ord. 190-22, Eff. 10/17/2022. Section redesignated as Sec. 838; Zoning Control Table 843 and Specific Provisions deleted; Table 838 and Notes * and (1)-(5) added; Ord. 70-23, Eff. 6/3/2023. Table 838 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 838 amended; Ord. 68-24, Eff. 5/5/2024. Table 838 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Introductory material and Table 838 amended; Note (1) deleted; Ord. 297-24, Eff. 1/19/2025. Table 838 and Note (4) amended; Ord. 47-25, Eff. 5/18/2025. Table 838 amended; Note (1) added; Ord. 122-23, Eff. 8/5/2023, codified as instructed 12/16/2025. Table 838 amended; Ord. 245-25, Eff. 1/12/2026. Table 838 amended; Ord. 1-26, Eff. 2/8/2026. Table 838 amended; Note (1) added; Ord. 13-26, Eff. 3/16/2026. Table 838 and Note (4) amended; Note (5) deleted; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTE

1. So in Ord. 70-23.

† Editor’s Note:

This Use, added to former Table 843 by Ord. 190-22, was inadvertently omitted from Table 838 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 839. WMUG – WSOMA MIXED USE-GENERAL DISTRICT.

The WSoMa Mixed Use-General (WMUG) District is largely comprised of the low-scale, production, distribution, and repair uses mixed with housing and small-scale retail. The WMUG is designed to maintain and facilitate the growth and expansion of small-scale light manufacturing, wholesale distribution, arts production and performance/exhibition activities, and general commercial and neighborhood-serving retail and personal service activities, while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood.

Housing is encouraged over ground floor commercial and production, distribution, and repair uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units will be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code. Hotels, movie theaters, adult entertainment, and heavy manufacturing uses are not permitted. Office use is restricted to customer-based services on the ground floor.

Table 839

WMUG – WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE

Table 839

WMUG – WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) [Note Deleted]

(2) P if the facility is a Micro WTS Facility.

(3) [Note Deleted]

(4) P only if use has no auto access/ingress on Alleyways, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts.

(5) P up to a total of 10,000 gsf per lot. NP above.

(6) For projects within the Western SoMa SUD, see specific requirements in Section 823. 1

(7) P up to 25,000 gross sq. ft. per lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail is at least 3:1.

(8) P for properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street.

(Added as Sec. 844 by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 187-24, File No. 240173, App. 7/26/2024, Eff. 8/26/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper.

1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

AMENDMENT HISTORY

Zoning Control Table: former category 844.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 844.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 844.23b added; Ord. 14-15, Eff. 3/15/2015. Introductory material amended; Zoning Control Table: 844.24 amended; Specific Provisions: 844.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 844.92 amended; former category 844.93 deleted; 844.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 844.10, 844.41, and 844.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 844.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 844.36, 844.87, 844.97b, and 844.97c amended; Ord. 22917, Eff. 1/5/2018. Zoning Control Table: 844.96 and 844.98 amended; Ord. 296-18, Eff. 1/12/2019. Zoning Control Table: 844.31 amended; Ord. 303-18, Eff. 1/21/2019. Introductory material amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 840.52 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 844.76 and 844.77 added; Ord. 190-22, Eff. 10/17/2022. Introductory material amended; Zoning Control Table: 844.56 amended; Note (1) added; Ord. 22-23, Eff. 3/26/2023. Section redesignated as Sec. 839; Zoning Control Table 844 and Specific Provisions deleted; Table 839 and Notes * and (1)-(8) added; Ord. 70-23, Eff. 6/3/2023. Table 839 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 839 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 839 amended; Ord. 187-24, Eff. 8/26/2024. Table 839 amended; Note (3) deleted; Ord. 297-24, Eff. 1/19/2025. Table 839 amended; Ord. 245-25, Eff. 1/12/2026. Table 839 amended; Ord. 1-26, Eff. 2/8/2026. Table 839 amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 70-23.

2. So in Ord. 245-25.

† Editor’s Note:

This Use, added to former Table 844 by Ord. 190-22, was inadvertently omitted from Table 839 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney.

SEC. 840. WMUO – WSOMA MIXED USE-OFFICE DISTRICT.

The WSoMa Mixed Use-Office (WMUO) runs predominantly along the Townsend Street corridor between 4th Street and 7th Street and on 11th Street, from Harrison Street to the north side of Folsom Street. The WMUO is designed to encourage office uses along with small-scale light manufacturing, entertainment, cultural, and arts activities. Office, general commercial, most retail, production, distribution, and repair uses are also principally permitted uses. Residential uses, large hotels, adult entertainment and heavy manufacturing uses are not permitted. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.

Table 840

WMUO – WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

Table 840

WMUO – WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE

• Not listed below

(1) [Note Deleted]

(2) P if the facility is a Micro WTS Facility.

(3) [Note Deleted]

(4) For projects within the Western SoMa SUD, see specific requirements in Section 249.39.

(5) Each such use shall (a) operate for no more than four years, and (b) be owned or leased by, operated by, and/or under the management or day-to-day control of the City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (a) preexisting, having been completed and previously occupied by a use other than a Homeless Shelter, or (b) temporary. In this District, new Homeless Shelter is not permitted.

(6) P up to a total of 10,000 gsf per lot; C up to a total of 25,000 gsf.

(7) NP above a total of 25,000 gsf per lot.

(8) P only if use has no auto access/ingress on Alleyways, as defined in the Western SoMa Community Plan, containing RED or RED-MX Districts.

(Added as Sec. 845 by Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 204-14, File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 18815, 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. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 213-16, File No. 160960, App. 11/4/2016, Eff. 12/4/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 64-25, File No. 241208, App. 5/9/2025, Eff. 6/9/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

rd. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 64-25, File No. 241208, App. 5/9/2025, Eff. 6/9/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 1-26, File No. 250385, App. 1/8/2026, Eff. 2/8/2026; Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026)

(Former Sec. 840 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 19022, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 831 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Zoning Control Table: former category 845.88 deleted; Ord. 71-14, Eff. 6/22/2014. Zoning Control Table: 845.56 amended; Ord. 204-14, Eff. 11/8/2014. Zoning Control Table: 845.46 amended; Ord. 235-14, Eff. 12/26/2014. Zoning Control Table: 845.23b added; Ord. 14-15, Eff. 3/15/2015. Zoning Control Table: 845.23b designation corrected; Ord. 188-15, Eff. 12/4/2015. Introductory material amended; Zoning Control Table: 845.24 amended; Specific Provisions: 845.24 added; Ord. 162-16, Eff. 9/3/2016. Zoning Control Table: 845.92 amended; former category 845.93 deleted; 845.99 added; Ord. 166-16, Eff. 9/10/2016. Zoning Control Table: 845.23b amended; Specific Provisions: 845.23b, 890.88(d) added; Ord. 213-16, Eff. 12/4/2016. Zoning Control Table: 845.10, 845.40, 845.41, and 845.71 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: 845.35 amended; Ord. 189-17, Eff. 10/15/2017. Zoning Control Table: 845.36, 845.87, 845.97b, and 845.97c amended; Ord. 229-17, Eff. 1/5/2018. Zoning Control Table: 845.09, 845.45, 845.96, and 845.98 amended; Ord. 296-18, Eff. 1/12/2019. Introductory material amended; Ord. 63-20, Eff. 5/25/2020. Zoning Control Table: 845.50 added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: 845.76 and 845.77 added; Ord. 190-22, Eff. 10/17/2022. Zoning Control Table: 845.56 amended; Note (1) added; Ord. 22-23, Eff. 3/26/2023. Section redesignated as Sec. 840; undesignated introductory material amended; Zoning Control Table 845 and Specific Provisions deleted; Table 840 and Notes * and (1)-(9) added; Ord. 70-23, Eff. 6/3/2023. Table 840 amended; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Introductory material amended; Ord. 62-24, Eff. 4/28/2024. Table 840 amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Table 840 amended; Note (3) deleted; Ord. 297-24, Eff. 1/19/2025. Table 840 amended; Note (9) deleted; Ord. 64-25, Eff. 6/9/2025. Table 840 amended; Ord. 245-25, Eff. 1/12/2026. Table 840 amended; Ord. 1-26, Eff. 2/8/2026. Table 840 amended; Note (1) deleted; Ord. 37-26, Eff. 4/11/2026.

CODIFICATION NOTES

1. So in Ord. 70-23.

2. So in Ord. 245-25.

† Editor’s Note:

This Use, added to former Table 845 by Ord. 190-22, was inadvertently omitted from Table 840 as restructured and redesignated by Ord. 70-23. It has been restored at the direction of the Office of the City Attorney. SEC. 841. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16 , File

11; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16 , File

No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 833 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 842. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 197-13 , File No. 130646, App. 10/3/2013, Eff. 11/2/2013; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 16616 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 832 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 843. [REDESIGNATED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by 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. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15 , File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 133-20, File No. 200143, App. 8/21/2020, Eff. 9/21/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 838 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 844. [REDESIGNATED.]

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated as Sec. 839 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 845. [REDESIGNATED.]

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 204-14 , File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; 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. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 213-16, File No. 160960, App. 11/4/2016, Eff. 12/4/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated as Sec. 840 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 846. [REDESIGNATED.]

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; 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. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 213-16, File No. 160960, App. 11/4/2016, Eff. 12/4/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 224-18, File No. 180364, App. 10/5/2018, Eff. 11/5/2018; Ord. 275-18, File No. 180910, App. 11/20/2018, Eff.

12/21/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 61-19, File No. 190047, App. 4/4/2019, Eff. 5/5/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated as Sec. 836 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 847. [REDESIGNATED.]

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 29618, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 835 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 848. [REDESIGNATED.]

170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 29618, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 835 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) SEC. 848. [REDESIGNATED.]

(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; redesignated as Sec. 830 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890. DEFINITIONS FOR MIXED USE DISTRICTS.

This and the following Sections provide the definitions for Mixed Use Districts. In case of conflict between the following definitions and those set forth in Section 102, the following definitions shall prevail for Mixed Use Districts, unless the only definition or definitions referred to for a zoning category are ones in Section 102. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY Section amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.2. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890.4. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890.6. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890.7. AUTOMOBILE PARKING LOT, COMMUNITY RESIDENTIAL.

A use which provides temporary parking accommodations on an open lot or lot surrounded by a fence or wall for private automobiles, trucks, vans, bicycles and/or motorcycles for residents and visitors of residents of the vicinity, and for offstreet car-share parking spaces, as defined in Section 166 of this Code, when permitted by this Code, without parking of commercial vehicles, recreational vehicles, mobile homes, boats or other vehicles or long-term storage of vehicles. (Added by Ord. 115-90, App. 4/6/90; Ord. 112-08, File No. 080095, App. 6/30/2008)

SEC. 890.8. AUTOMOBILE PARKING GARAGE, COMMUNITY RESIDENTIAL.

A use which provides temporary parking accommodations in a garage, or combination garage and lot for private automobiles, trucks, vans, bicycles and/or motorcycles for residents and visitors of residents in the vicinity, and for offstreet car-share parking spaces, as defined in Section 166 of this Code, when permitted by this Code, without parking of commercial vehicles, recreational vehicles, mobile homes, boats or other vehicles or long-term storage of vehicles. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 112-08, File No. 080095, App. 6/30/2008)

SEC. 890.9. AUTOMOBILE PARKING LOT, COMMUNITY COMMERCIAL.

A use which provides temporary parking accommodations on an open lot or lot surrounded by a fence or wall for automobiles, vans, trucks, bicycles and/or motorcycles for operators, employees, clients and/or visitors of a permitted, or approved conditional, nonresidential use in the vicinity, without parking of recreational vehicles, mobile homes, boats or other vehicles or storage of vehicles, goods or equipment.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.10. AUTOMOBILE PARKING GARAGE, COMMUNITY COMMERCIAL.

A use which provides temporary parking accommodations in a garage, or combination garage and lot, for automobiles, vans, trucks, bicycles and/or motorcycles for operators, employees, clients and/or visitors of a permitted, or approved conditional, nonresidential use in the vicinity, without parking of recreational vehicles, mobile homes, boats or other vehicles or storage of vehicles, goods or equipment.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.11. AUTOMOBILE PARKING LOT, PUBLIC.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 229-17 , approved 12/6/2017, effective 1/5/2018). The text of the amendment will be incorporated below when the amending legislation is effective.

A use which provides temporary parking accommodations for private automobiles, trucks, vans, bicycles or motorcycles on an open lot or lot surrounded by a fence or wall open to the general public, without parking of recreational vehicles, motor homes, boats or other vehicles, or storage of vehicles, goods or equipment. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.12. AUTOMOBILE PARKING GARAGE, PUBLIC.

A use which provides temporary parking accommodations for automobiles, trucks, vans, bicycles or motorcycles in a garage open to the general public, without parking of recreational vehicles, mobile homes, boats or other vehicles, or storage of vehicles, goods or equipment.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.13. AUTOMOBILE SALE OR RENTAL.

A retail use which provides vehicle sales or rentals whether conducted within a building or on an open lot. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.14. AUTOMOTIVE GAS STATION.

A retail automotive service use which provides motor fuels, lubricating oils, air, and water directly into motor vehicles and without providing automotive repair services, and which also includes self-service operations which sell motor fuel only.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.15. AUTOMOTIVE REPAIR.

A retail automotive service use which provides any of the following automotive repair services when conducted within an enclosed building having no openings, other than fixed windows or exits required by law, located within 50 feet of any R District: minor auto repair, engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicle, collision service, or full body paint spraying. It may include other services for automobiles including, but not limited to, accessory towing, if all towed vehicles stored on the premises are limited to those vehicles which are to be repaired on the premises. (Added by Ord. 131-87, App. 4/24/87)

SEC. 890.16. AUTOMOTIVE SERVICE.

A retail use which provides services for motor vehicles including automotive gas station, automotive service station, automotive repair, and automotive wash.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.18. AUTOMOTIVE SERVICE STATION.

A retail automotive service use which provides motor fuels and lubricating oils directly into motor vehicles and minor auto repairs (excluding engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying) and services which remain incidental to the

principal sale of motor fuel. Repairs shall be conducted within no more than three enclosed service bays in buildings having no openings, other than fixed windows or exits required by law, located within 50 feet of any R District. It may include other incidental services for automobiles including, but not limited to, accessory towing, if the number of towing vehicles does not exceed one, and all towed vehicles stored on the premises are limited to those vehicles which are to be repaired on the premises.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.19. MOTOR VEHICLE TOW SERVICE.

A service use which provides vehicle towing service, including accessory vehicle storage, when all tow trucks used and vehicles towed by the use are parked or stored on the premises. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.20. AUTOMOTIVE WASH.

A retail automotive service use which provides cleaning and polishing of motor vehicles, including self-service operations, when such cleaning and polishing are conducted within an enclosed building having no openings, other than fixed windows or exits required by law located within 50 feet of any R District, and which has an off-street waiting and storage area outside the building which accommodates at least ¼ the hourly capacity in vehicles of the enclosed operations.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.21. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)

SEC. 890.22. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.23. BUSINESS GOODS AND EQUIPMENT SALES AND REPAIR SERVICE.

A service use which involves the sale, rental, installation, servicing and/or repair of business goods and equipment including the following items: office machines and business equipment; calipers, gauges and other precision instruments; cameras and other optical equipment; medical, scientific, musical or navigational instruments; fire safety and security systems and equipment; and other similar business machines and equipment. It also includes motor, machine, engine and tool repair; welding and blacksmith services; furnace, boiler, tank and chimney maintenance and repair; sign manufacture and repair; mannequin service; and other similar services. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.24. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)

SEC. 890.25. CATERING SERVICES.

A service use which involves the preparation and delivery of goods including the following items: food, beverages; balloons, flowers, plants, party decorations and favors; or cigarettes/candy. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.27. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890.28. DESIGN PROFESSIONAL.

An office use which provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of arts activities described in Section 102.2 of this Code; (2) the services of advertising agencies or other services which are included in the definition of professional service activities described in Section 890.108 of this Code or administrative services, financial services or health service activities as identified in Sections 890.106, 890.110 or 890.114 of this Code.

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022) AMENDMENT HISTORY

Section amended; Ord. 233-21, Eff. 1/22/2022 and Ord. 37-22, Eff. 4/14/2022.

SEC. 890.30. DRIVE-UP FACILITY.

A structure designed for drive-to or drive-through trade which provides service to patrons while in private motor vehicles; excluding gas stations, service stations, auto repair garages and automotive wash, as defined in Sections 890.14, 890.15, 890.18 and 890.20 of this Code.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.34. RESERVED.

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.36. ENTERTAINMENT, ADULT.

A retail use which includes the following: adult bookstore, as defined by Section 791 of the Police Code; adult theater, as defined by Section 791 of the Police Code; and encounter studio, as defined by Section 1072.1 of the Police Code. Such use shall be located no less than 1,000 feet from another adult entertainment use. (Added by Ord. 131-87, App. 4/24/87)

SEC. 890.37. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; repealed by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

SEC. 890.38. OPEN AIR SALES.

A retail use involving open air sale of new and/or used merchandise, except vehicles, but including agricultural products, crafts and/or art work.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.39. GIFT STORE – TOURIST-ORIENTED.

A retail use which involves the marketing of small art goods, gifts, souvenirs, curios, novelties to the public, particularly those who are visitors to San Francisco rather than local residents.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.44. HOSPITAL OR MEDICAL CENTER.

A public or private institutional use which provides medical facilities for inpatient care, medical offices, clinics, and laboratories. It shall also include employee or student dormitories adjacent to medical facilities when the dormitories are operated by and affiliated with a medical institution. The institution must have met the applicable provisions of Section 304.5 of this Code concerning institutional master plans.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.46. HOTEL, TOURIST.

A retail use which provides tourist accommodations including guest rooms or suites, which are intended or designed to be used, rented, or hired out to guests (transient visitors) intending to occupy the room for less than 32 consecutive days. This definition also applies to buildings containing six or more guest rooms designated and certified as tourist units, under Chapter 41 of the San Francisco Administrative Code. For purposes of this Code, a "tourist hotel" does not include a tourist motel, which contains guest rooms or suites which are independently accessible from the outside, with garage or parking space located on the lot, and designed for, or occupied by, automobile-traveling transient visitors. Tourist hotels shall be designed to include all lobbies, offices and internal circulation to guest rooms and suites within and integral to the same enclosed building or buildings as the guest rooms or suites. (Added by Ord. 131-87, App. 4/24/87)

SEC. 890.47. HOTEL, RESIDENTIAL.

A hotel, as defined in Chapter 41 of the San Francisco Administrative Code, which contains one or more residential hotel units. A residential hotel unit is a guest room as defined in Section 203.7 of Chapter XII, Part II of the San Francisco Municipal Code (Housing Code), which had been occupied by a permanent resident on September 23, 1979, or any guest room designated as a residential unit pursuant to Sections 41.6 or 71.7 of Chapter 41 of the San Francisco Administrative Code. Residential hotels are further defined and regulated in the Residential Hotel Unit Conversion and Demolition Ordinance, Chapter 41 of the San Francisco Administrative Code.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.48. HOURS OF OPERATION.

The permitted hours during which any com- mercial establishment, not including automated teller machines, may be open for business.

(a) Other restrictions on the hours of operation of movie theaters, adult entertainment, and other entertainment uses, as defined in Sections 890.64 and 890.36 of this Code, respectively, shall apply pursuant to provisions in Section 303(c)(5), when such uses are permitted as conditional uses.

(b) Exception for Pharmacies. A pharmacy may qualify for the exception to operate on a 24-hour basis provided in Section 202.2 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 184-97, App. 5/16/97; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY Divisions (a) and (b) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.49. [REPEALED.]

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; repealed by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014)

SEC. 890.50. INSTITUTIONS, OTHER.

(See Interpretations related to this Section.)

A public or private, nonprofit or profit-making use, excluding hospitals and medical centers, which provides services to the community, and meets the applicable provisions of Section 304.5 of this Code concerning institutional master plans, including but not limited to the following:

(a) Assembly and Social Service. A use which provides social, fraternal, counseling or recreational gathering services

to the community. It includes a private noncommercial clubhouse, lodge, meeting hall, family or district association, recreation building, or community facility not publicly owned. It also includes an unenclosed recreation area.

(b) [Definition Deleted]

(c) Educational Service. A use certified by the Western Association of Schools and Colleges which provides educational services such as a school, college or university. It may include, on the same premises, employee or student dormitories and other housing operated by and affiliated with the institution.

(d) Religious Facility. A use which provides religious services to the community such as a church, temple or synagogue. It may include on the same lot, the housing of persons who engage in supportive activity for the institution. (e) Residential Care. A medical use which provides lodging, board, and care for one day or more to persons in need of specialized aid by personnel licensed by the State of California and which provides no outpatient services; including but not limited to, a board and care home, rest home, or home for the treatment of the addictive, contagious, or other diseases or physiological disorders.

(f) Job Training. A use which provides job training and may also provide vocational counseling and job referrals. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 36-08, File No. 080157, App. 3/17/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017)

AMENDMENT HISTORY

Division (a) amended; Ord. 66-11 , Eff. 5/20/2011. Division (b) deleted; Ord. 189-17, Eff. 10/15/2017.

SEC. 890.51. JEWELRY STORE.

A retail use which primarily involves the sale of jewelry to the general public. It may involve sales of precious stones, gems, precious metals, gold and silver or clocks and watches. Repair services or setting, custom design or manufacture of individual pieces of jewelry may also be provided.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.52. LABORATORY.

Laboratory shall mean space within any structure intended or primarily suitable for scientific research. The space requirements of uses within this category include specialized facilities and/or built accommodations that distinguish the

space from office uses (as defined in Section 890.70), light manufacturing (as defined in Section 890.54(a)), or heavy manufacturing (including uses listed in Sections 226(g) through 226(w)). Examples of laboratories include the following:

• (a) Chemistry, biochemistry, or analytical laboratory;

• (b) Engineering laboratory;

• (c) Development laboratory;

• (d) Biological laboratories including those classified by the Centers for Disease Control (CDC) and National Institutes of Health (NIH) as Biosafety level 1, Biosafety level 2, or Biosafety level 3;

• (e) Animal facility or vivarium, including laboratories classified by the CDC/NIH as Animal Biosafety level 1, Animal Biosafety level 2, or Animal Biosafety level 3;

• (f) Support laboratory;

• (g) Quality assurance/Quality control laboratory;

• (h) Core laboratory; and

• (i) Cannabis testing (License Type 8—Testing laboratory, as defined in California Business and Professions Code, Division 10).

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY

Undesignated introductory paragraph and division (h) amended; division (i) added; Ord. 229-17, Eff. 1/5/2018.

SEC. 890.53. LIFE SCIENCE.

Life Science is an industry that involves the integration of natural and engineering sciences and advanced biological techniques using organisms, cells, and parts thereof for products and services. This includes the creation of products and services used to analyze and detect various illnesses, the design of products that cure illnesses, and/or the provision of capital goods and services, machinery, instruments, software, and reagents related to research and production. Life Science uses may utilize office, laboratory, light manufacturing, or other types of space. As a subset of Life Science uses. Life Science laboratories typically include biological laboratories and animal facilities or vivaria, as described in Section 890.52(d) and (e).

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

SEC. 890.54. LIGHT MANUFACTURING, WHOLESALE SALES, STORAGE.

(See Interpretations related to this Section.)

A commercial use, including light manufacturing, wholesale sales, and storage, as defined in Subsections (a), (b), (c), and (d) below.

(a) Light Manufacturing. A nonretail use that provides for the fabrication or production of goods, by hand or machinery, for distribution to retailers or wholesalers for resale off the premises, primarily involving the assembly, packaging, repairing, or processing of previously prepared materials, when conducted in an enclosed building having no openings other than fixed windows or exits required by law located within 50 feet of any R District. Light manufacturing uses include production and custom activities usually involving individual or special design, or handiwork, such as the following fabrication or production activities as may be defined by the Standard Industrial Classification Code Manual as light manufacturing uses:

• (1) Food processing, not including mechanized assembly line production of canned or bottled goods;

• (2) Apparel and other garment products;

• (3) Furniture and fixtures;

• (4) Printing and publishing of books or newspaper;

• (5) Leather products;

• (6) Pottery;

• (7) Glass blowing;

(8) Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks; and

(9) Manufacture of cannabis products or cannabis extracts that are derived without the use of volatile organic compounds (License Type 6—Manufacturer 1, as defined in California Business and Professions Code, Division 10). It shall not include the chemical processing of materials or the use of any machine that has more than five horsepower capacity, nor shall the mechanical equipment required for the use, together with related floor space used primarily by the operators of such equipment, in aggregate occupy more than ¼ of the total gross floor area of the use.

It shall be not include a trade shop, as defined in Section 890.124 of this Code, or a heavy industrial use subject to Section 226(e) through (w) of this Code. It shall not include general or heavy manufacturing uses, not described in this Subsection (a).

(b) Wholesale Sales. A nonretail use that exclusively provides goods or commodities for resale or business use, including accessory storage. This use includes cannabis distribution (License Type 11—Distributor, as defined in California Business and Professions Code, Division 10). It shall not include a nonaccessory storage warehouse.

(c) Commercial Storage. A commercial use which stores, within an enclosed building, contractors' equipment, building materials or goods or materials used by other businesses at other locations. This use shall not include the storage of waste, salvaged materials, automobiles, inflammable or highly combustible materials, and wholesale goods or commodities.

(d) Self-Storage. Retail facilities for the storage of household and personal goods.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; 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. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY

Division (c) amended; Ord. 196-11 , Eff. 11/3/2011. Divisions (a), (a)(8), and (b) amended; division (a)(9) added; Ord. 229-17, Eff. 1/5/2018.

SEC. 890.56. LOT SIZE (PER DEVELOPMENT).

The permitted gross lot area for new construction or expansion of existing development. "Lot" is defined in Section 102.12.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.58. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)

SEC. 890.60. MASSAGE ESTABLISHMENT.

(a) Definition. Massage Establishments are defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, "Massage Establishment" shall include a "Massage Establishment" but not a "Sole Practitioner Massage Establishment," as these terms are defined in Section 29.5 of the Health Code. Any Massage Establishment shall have first obtained a permit from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25.

(b) Controls. Massage Establishments shall be subject to Conditional Use authorization. Certain exceptions to the Conditional Use for accessory use massage are described in subsection (c) below. When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the additional criteria described in Section 303(n).

(c) Exceptions. Certain exceptions would allow a massage use to be "permitted" without a Conditional Use authorization including:

(1) Certain Accessory Use Massage and provided that the massage use is accessory to a principal use; the massage use is accessed by the principal use; and the principal use is:

• (A) a Hotel as defined in Section 102 of this Code, that contains 100 or more rooms;

• (B) a Health Service Use as defined in Section 102 of this Code; or

• (C) a Hospital, as defined in Section 102 of this Code.

(2) Chair Massage. The only massage service provided is chair massage, such service is visible to the public, and customers are fully-clothed at all times.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 139-09, File No. 090402, App. 7/2/2009; 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; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026)

AMENDMENT HISTORY

Section amended in its entirety; Ord. 56-13 , Eff. 4/27/2013. Reference amended in division (b); Ord. 235-14 , Eff. 12/26/2014. Divisions (a), (b), and (c)(1)-(c)(1)(D) amended; former divisions (c)(3) and (d) deleted; new division (c)(3) added; Ord. 73-15, Eff. 6/27/2015. Division (a) amended; division (c)(3) deleted; Ord. 233-21, Eff. 1/22/2022 and Ord. 37-22, Eff. 4/14/2022. Division (c)(1)(A) deleted; divisions (c)(1)(B)-(D) redesignated as (c)(1)(A)-(C) and amended; Ord. 13-26, Eff. 3/16/2026.

SEC. 890.62. MORTUARY.

A retail use which provides funeral services, funeral preparation, or burial arrangements, including retail establishments that predominantly sell or offer for sale caskets, tombstones, or other funerary goods. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 112-98, App. 4/2/98)

SEC. 890.64. MOVIE THEATER.

A retail use other than an adult theater, regulated as adult entertainment, defined in Section 890.36 of this Code, which displays motion pictures, slides, or closed-circuit television pictures. (Added by Ord. 131-87, App. 4/24/87)

SEC. 890.68. NEIGHBORHOOD-SERVING BUSINESS.

A neighborhood-serving business cannot be defined by the type of use, but rather by the characteristics of its customers, types of merchandise or service, its size, trade area, and the number of similar establishments in other neighborhoods. The primary clientele of a "neighborhood-serving business," by definition, is comprised of customers who live and/or work nearby.

While a neighborhood-serving business may derive revenue from customers outside the immediately surrounding neighborhood, it is not dependent on out-of-neighborhood clientele.

A neighborhood-serving use provides goods and/or services which are needed by residents and workers in the immediate neighborhood to satisfy basic personal and household needs on a frequent and recurring basis, and which if not available

require trips outside of the neighborhood.

A use may be more or less neighborhood-serving depending upon its trade area. Uses which, due to the nature of their products and services, tend to be more neighborhood-serving, are those which sell convenience items such as groceries, personal toiletries, magazines, and personal services such as cleaners, laundromats, and film processing. Uses which tend to be less neighborhood-oriented are those which sell more specialized, more expensive, less frequently purchased comparison goods such as automobiles and furniture.

For many uses (such as stores selling apparel, household goods, and variety merchandise), whether a business is neighborhood-serving depends on the size of the establishment: The larger the use, the larger the trade area, hence the less neighborhood-oriented.

Whether a business is neighborhood-serving or not also depends in part on the number and availability of other similar establishments in other neighborhoods: the more widespread the use, the more likely that it is neighborhood-oriented. (Added by Ord. 131-87, App. 4/24/87)

SEC. 890.69. NON-AUTO VEHICLE SALES OR RENTAL, LIGHT AND MARINE VEHICLES.

A retail use offering new or used bicycles, scooters, motorcycles, boats or other marine vehicles for sale, rent or lease when conducted entirely within an enclosed building.

(Added by Ord. 115-90, App. 4/6/90)

SEC. 890.70. OFFICE USE.

(a) “Office use” shall mean space within a structure or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location services including, but not limited to, the following: Professional; banking; insurance; management; consulting; technical; sales; and design; and the non-accessory office functions of manufacturing and warehousing businesses; multimedia, software development, web design, electronic commerce, and information technology; all uses encompassed within the definition of “administrative services” in Section 890.106 of this Code; and all “professional services” as proscribed in Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use District.

(b) “Office use” shall exclude: retail uses; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended and primarily suitable for display of goods.

(Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY Division (a) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.71. OUTDOOR ACTIVITY AREA.

(See Interpretations related to this Section.)

An area, not including primary circulation space or any public street, located outside of a building or in a courtyard which is provided for the use or convenience of patrons of a commercial establishment including, but not limited to, newspaper sales, sitting, eating, drinking, dancing, and food service activities.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.80. PUBLIC USE.

A publicly or privately owned use which provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements which necessitate location within the district, including civic structures such as museums, post offices, administrative offices of government agencies, public libraries, police stations, transportation facilities, utility installations, and Internet Services Exchange. Such use shall not include service yards, machine shops, garages, incinerators and publicly operated parking in a garage or lot. Public uses shall also include a community recycling collection center, as defined in Subsection (a) below.

(a) Community Recycling Collection Center. A public use, which collects, stores or handles recyclable materials, including glass and glass bottles, newspaper, aluminum, paper and paper products, plastic and other materials which may be processed and recovered, if within a completely enclosed container or building, having no openings other than fixed windows or exits required by law. This use shall not include the storage, exchange, packing, disassembling or handling of waste, used furniture and household equipment, used cars in operable condition, used or salvaged machinery, or salvaged housewrecking and structural steel materials and equipment.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016)

AMENDMENT HISTORY

Introductory paragraph amended; Ord. 166-16 , Eff. 9/10/2016.

SEC. 890.81. RECREATION FACILITY.

A publicly or privately owned facility of at least 10,000 gross square feet that offers free or fee-based membership to the general public and is used for recreational activities such as ice skating, bowling, swimming, soccer, tennis, racquetball, basketball, softball, baseball, and similar activities. The facility may also include play areas for children and accessory accommodations such as locker rooms and activity rooms.

(Added by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013)

SEC. 890.84. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014) Editor's Note:

For current provisions relating to residential conversion, see Sec. 317.

SEC. 890.86. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014) Editor's Note:

For current provisions relating to residential demolition, see Sec. 317.

SEC. 890.88. RESIDENTIAL USE.

(See Interpretations related to this Section.)

A use which provides housing for San Francisco residents, rather than visitors, including a dwelling unit or group housing, as defined in Subsections (a) and (b) below, or a residential hotel, as defined in Section 890.47 of this Code and in Chapter 41 of the San Francisco Administrative Code. Notwithstanding the foregoing, use of a dwelling unit as a ShortTerm Residential Rental in compliance with Administrative Code Section 41A.5 shall not alter the use type as a residential use.

(a) Dwelling Unit. A residential use which consists of a suite of two or more rooms and includes sleeping, bathing, cooking, and eating facilities, and has only one kitchen.

(b) Group Housing. A residential use which provides lodging or both meals and lodging without individual cooking facilities for a week or more at a time in a space not defined as a dwelling unit. Group housing includes, but is not limited to, a roominghouse, boarding house, guest house, lodging house, residence club, commune, fraternity and sorority house, monastery, nunnery, convent, and ashram. It also includes group housing operated by a medical or educational institution when not located on the same lot as such institution.

(c) Single Room Occupancy (SRO) Unit. A dwelling unit or group housing room consisting of no more than one occupied room with a maximum gross floor area of 350 square feet and meeting the Housing Code's minimum floor area standards. The unit may have a bathroom in addition to the occupied room. As a dwelling unit, it would have a cooking facility and bathroom. As a group housing room, it would share a kitchen with one or more other single room occupancy unit/s in the same building and may also share a bathroom. A single room occupancy building (or "SRO" building) is one that contains no residential uses other than SRO units and accessory living space.

(d) Homeless Shelter. A residential use which consists of living and/or sleeping accommodations without any fee to individuals and families who are homeless, as defined in the Federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 (S. 896), as amended from time to time, subject to the physical and operational standards in Section 102 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 368-94, App. 11/4/94; 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. 218-14 , File No. 140381, App. 10/27/2014, Eff. 11/26/2014, Oper. 2/1/2015; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015) AMENDMENT HISTORY

Division (c) amended; Ord. 42-13 , Eff. 4/27/2013. Introductory paragraph amended; Ord. 218-14 , Oper. 2/1/2015. Division (d) added; Ord. 14-15 , Eff. 3/15/2015.

SEC. 890.90. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 297-10, File No. 101351, App. 12/3/2010; repealed by Ord. 7512 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.91. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.92. [REPEALED.]

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.100. SALES AND SERVICES, NONRETAIL.

A commercial use which provides goods and/or services primarily to other businesses rather than to the general public, including light manufacturing, wholesale sales, storage and administrative services, as defined in Sections 890.54 and 890.106 of this Code, respectively.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.102. SALES AND SERVICES, OTHER RETAIL.

A retail use which provides goods and/or services but is not listed as a separate zoning category in zoning category numbers .41 through .63 of Sections 810 through 812 of this Code, including, but not limited to sale or provision of the following goods and services:

• (a) General groceries;

• (b) Specialty groceries such as cheese, confections, coffee, meat, produce;

• (c) Pharmaceutical drugs and personal toiletries;

• (d) Personal items such as tobacco and magazines;

• (e) Self-service laundromats and dry cleaning, where no portion of a building occupied by such use shall have any opening other than fixed windows and exits required by law within 50 feet of any R District;

• (f) Household goods and services (including paint, fixtures and hardware, but excluding other building materials);

• (g) Variety merchandise;

• (h) Florists and plant stores;

• (i) Apparel and accessories;

• (j) Antiques, art galleries and framing services;

• (k) Home furnishings, furniture and appliances;

• (l) Books, stationery, music and sporting goods; and

• (m) Toys, gifts, and photographic goods and services.

It excludes tourist motels, as distinguished from tourist hotels in Section 890.46 of this Code, amusement game arcades and household goods self-storage facilities, which are included in "storage," defined in Section 790.117 of this Code. It also excludes the sale of heating fuel and the sale or rental of commercial equipment (excluding office equipment) and construction materials, other than paint, fixtures and hardware.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.104. SALES AND SERVICES, RETAIL.

A commercial use which provides goods and/or services directly to the consumer and not for resale and is accessible to the general public.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.106. SERVICE, ADMINISTRATIVE.

A use, generally an office use, which provides executive, management, administrative, clerical and other services exclusively to the business community and not to the general public.

It does not include services which are available to the general public. Administrative services may include accessory storage, but not the storage of building materials, contractor's equipment, or maintenance equipment for nonresidential structures, or items, other than samples, for wholesale sale.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.108. SERVICE, PROFESSIONAL.

A use, generally an office use, which provides professional services to the general public or to other businesses including, but not limited to, accounting, legal, consulting, insurance, real estate brokerage, advertising agencies, public relations agencies, computer and data processing services, employment agencies, management consultants and other similar consultants, telephone message services, and travel services.

Within the Chinatown Mixed Use Districts, this definition shall also apply to building, plumbing, electrical, painting, roofing, furnace or pest control contractors and storage of incidental equipment and supplies used by them, if located entirely within an enclosed building having no openings other than fixed windows or exits required by law within 50 feet

of an R District, and if the storage of equipment and supplies does not occupy more than of the total gross floor area of the use. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use.

This use shall not include research services of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health-care professional or hospital. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.110. SERVICE, FINANCIAL.

A use, which provides banking services and products to the public, such as banks, savings and loans, and credit unions, when occupying more than 15 feet of linear frontage or 200 square feet of gross floor area. Any applicant for a financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California. (Added by Ord. 131-87, App. 4/24/87 amended by Ord. 115-90, App. 4/6/90; Ord. 269-07, File No. 070671, App. 11/26/2007)

SEC. 890.111. SERVICE, BUSINESS.

A use that provides the following kinds of services to businesses and/or to the general public and does not fall under the definition of “office” pursuant to Section 890.70: radio and television stations; newspaper bureaus; magazine and trade publication publishing; microfilm recording; slide duplicating; bulk mail services; parcel shipping services; parcel labeling and packaging services; messenger delivery/courier services; sign painting and lettering services; building maintenance services; and cannabis delivery services.

(Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

AMENDMENT HISTORY Section amended; Ord. 229-17, Eff. 1/5/2018.

SEC. 890.112. SERVICE, LIMITED FINANCIAL.

A retail use which provides banking services, when not occupying more than 15 feet of linear frontage or 200 square feet of gross floor area. Automated teller machines, if installed within such a facility or on an exterior wall as a walk-up facility, are included in this category; however, these machines are not subject to the hours of operation, as defined in Section 890.48 of this Code and set forth in zoning category number .27 of Sections 810 through 812 of this Code for each district. Any applicant for a limited financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California.

(Added by Ord. 131-87, App. 4/24/87; Ord. 269-07, File No. 070671, App. 11/26/2007)

SEC. 890.113. SERVICE, FRINGE FINANCIAL.

A retail use that provides banking services and products to the public and is owned or operated by a "check casher" as defined in California Civil Code Section 1789.31, as amended from time to time, or by a "licensee" as defined in California Financial Code Section 23001(d), as amended from time to time. Any applicant for a fringe financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California. (Ord. 269-07, File No. 070671, App. 11/26/2007)

SEC. 890.114. SERVICE, HEALTH.

(See Interpretations related to this Section.)

A use, generally an office use, which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, Sole Massage Practitioners, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other health services, and not part of a hospital or medical center, as defined in Section 890.44 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022)

AMENDMENT HISTORY

Section amended; Ord. 73-15, Eff. 6/27/2015. Section header and section amended; Ord. 233-21, Eff. 1/22/2022 and Ord. 37-22, Eff. 4/14/2022.

SEC. 890.116. SERVICE, PERSONAL.

(See Interpretations related to this Section.)

A retail use which provides grooming services to the individual, including salons, cosmetic services, tattoo parlors, and health spas; and instructional services not certified by the State Educational Agency, such as art, dance, exercise, martial arts, and music classes.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021) AMENDMENT HISTORY

Section amended; Ord. 296-18, Eff. 1/12/2019. Section amended; Ord. 111-21, Eff. 9/4/2021.

SEC. 890.118. STORY.

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

It shall include any mezzanine, or intermediate level, the area of which does not exceed 33 1/3% of the total area of the floor, provided that the mezzanine is an open and integral part of the story of which it is a portion and there is no more than one mezzanine level per story.

(a) Basement. Space located below the first story of a building when such space is of sufficient floor to ceiling height for legal occupancy.

(b) Story, First. The highest building story with a floor level which is not more than six feet above grade at the centerline of the frontage of the lot where grade is defined.

(1) Grade. For purposes of this definition, "grade" is the point of elevation of the finished surface of the ground, paving or sidewalk at the property line located along primary frontage, i.e., any street frontage between two consecutive streets or alleys where the total street frontage is entirely within a Chinatown Mixed Use District. If the lot has more than one property line or no property line located along primary frontage, the Zoning Administrator shall choose the property line facing a street or alley where the grade is defined. In such situations the Zoning Administrator shall favor streets which serve as major transportation routes, major or secondary thoroughfares, and streets along which other commercial districts are located. When the property line is five feet or more from the building frontage, grade shall be taken at the surface of the ground, paving or sidewalk along the building frontage.

(2) The provisions of Section 102.11 of this Code shall apply to define the point of measurement at grade where the building steps laterally in relation to the street used to define "grade."

• (c) Story, Second. The story above the first story.

• (d) Story, Third and Above. The story or stories of a building above the second story and below the ceiling of the topmost story of a building.

(Added by Ord. 131-87, App. 4/24/87)

SEC. 890.122. RESERVED.

(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)

SEC. 890.123. TOBACCO PARAPHERNALIA ESTABLISHMENT

A Tobacco Paraphernalia Establishment is retail use where more than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. “Tobacco Paraphernalia” means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054 et seq. “Tobacco Paraphernalia” does not include lighters, matches, cigarette holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Medical Cannabis Dispensaries, as defined in Section 3301(f) of the San Francisco Health Code, are not Tobacco Paraphernalia Establishments.

(Added by Ord. 244-08, File No. 080567, App. 10/30/2008; amended by Ord. 3-10, File No. 090962, App. 1/15/2010; 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. 56-13 , Eff. 4/27/2013. Section amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.124. TRADE SHOP.

(See Interpretations related to this Section.)

A retail service use which provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service. The Trade Shop shall be conducted to minimize the impacts of noise, vibration, or emissions beyond the premises of the use. A trade shop includes, but is not limited to:

(a) Repair of personal apparel, accessories, household goods, appliances, furniture and similar items, but excluding repair of motor vehicles and structures;

• (b) Upholstery services;

• (c) Carpentry;

• (d) Printing of a minor processing nature, including multicopy and blueprinting services and printing of pamphlets, brochures, resumes and small reports, but excluding printing of books, magazines or newspapers;

• (e) Tailoring; and

• (f) Other artisan craft uses, including fine arts uses.

• (g) Within Eastern Neighborhoods Mixed Use Districts, this use shall include the offices of building, plumbing,

electrical, painting, masonry, roofing, furnace or pest control contractors and storage of incidental equipment and supplies used by them, if located entirely within an enclosed building having no openings other than fixed windows or exits required by law within 50 feet of an R District. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading, and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use.

d entirely within an enclosed building having no openings other than fixed windows or exits required by law within 50 feet of an R District. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading, and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use.

(h) Within the Chinatown Mixed Use Districts, it does not include any shop which uses a single machine of more than five horsepower capacity, or a shop in which the mechanical equipment, together with related floor space used primarily

by the operators of such equipment, occupies in the aggregate more than 1/3 of the total Gross Floor Area of the use. A trade shop is distinct from light manufacturing, as defined in Section 890.54(a) of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 70-23, File No. 220340,

App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Formerly undesignated material designated as divisions (g) and (i); former division (g) redesignated as (h) and amended; Ord. 56-13 , Eff. 4/27/2013. Former division (g) deleted; former divisions (h) and (i) redesignated as divisions (g) and (h) and amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory paragraph and division (g) amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 890.125. CANNABIS RETAIL.

A Retail Sales and Service Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale of cannabis for medicinal use. Cannabis Retail establishments may only be operated by the holder of (a) a valid license from the State of California (License Type 10—Retailer, as defined in California Business and Professions Code, Division 10) and (b) a valid permit from the City’s Office of Cannabis. This use is subject to operating and location restrictions set forth in Section 202.2(a).

(Added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018)

SEC. 890.130. USE SIZE (NONRESIDENTIAL).

The permitted gross floor area allowed each individual nonresidential use. "Gross floor area" is defined in Section 102.9 of this Code.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 890.131. VEHICLE STORAGE, OPEN LOT.

A use which provides for the storage of buses, recreational vehicles, mobile homes, trailers or boats and/or storage for more than 72 hours of other vehicles on an open lot. It shall not include rooftop storage. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.132. VEHICLE STORAGE, ENCLOSED LOT OR STRUCTURE.

A use which provides for the storage of buses, recreational vehicles, mobile homes, trailers or boats and/or storage for more than 72 hours of other vehicles in an enclosed lot or structure. It shall not include rooftop storage. (Added by Ord. 115-90, App. 4/6/90)

SEC. 890.133. MEDICAL CANNABIS DISPENSARY.

Medical cannabis dispensary ("MCD") as defined by Section 3301(f) of the San Francisco Health Code.

• (a) Requirements. MCDs must meet all of the following requirements:

• (1) The parcel containing the MCD cannot be located within 1,000 feet from a parcel containing:

• (A) a public or private elementary or secondary school; or

• (B) a community facility and/or a recreation center that primarily serves persons under 18 years of age;

• (2) The MCD is not located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health;

(3) No alcohol is sold or distributed on the premises for on or off-site consumption;

(4) If medical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that the doors and windows are not left open for such purposes, resulting in odor emission from the premises;

(5) In addition to these requirements, an MCD must meet all of the requirements in Article 33 of the San Francisco Health Code.

(b) Application and Referral Process. The Department of Public Health is the lead agency for regulating MCDs. Final City permits are issued by the Department of Public Health. No dispensary may open without final authorization from the Department of Public Health. The Planning Department will review an application for a Medical Cannabis Dispensary only upon receipt of (1) a valid referral from the Department of Public Health pursuant to Health Code Section 3304 and 3305, (2) supplemental application materials, if any, designated by the Planning Department, and (3) a building permit application.

(c) Notice. Once the Department has determined that the application is complete, a 30-day notice of application shall be mailed to owners and occupants within a 300 foot radius of the subject property. Notice shall be posted on the project site for no less than 30 days.

(d) Hearing. A Mandatory Discretionary Review hearing will be scheduled at the Planning Commission, which may choose to exercise its discretionary review powers and disapprove, modify, or approve the dispensary.

(e) Signage. Signage for the medical cannabis dispensary shall be limited to one wall sign not to exceed ten square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated. Any wall sign, or the identifying sign if the medical cannabis dispensary has no exterior wall sign, shall include the following language: "Only individuals with legally recognized Medical Cannabis Identification Cards or a verifiable, written recommendation from a physician for medical cannabis may obtain cannabis from medical cannabis dispensaries." The required text shall be a minimum of two inches in height.

(f) Abandonment. If an MCD closes for a duration longer than 18 months or if the MCD's license is revoked by DPH pursuant to Health Code Section 3315, the MCD will be considered abandoned and any Planning Commission authorization for the parcel shall be null and void.

(g) Permit Statement. Any permit issued for a medical cannabis dispensary shall contain the following statement in bold-face type: "Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law."

(Added by 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. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

AMENDMENT HISTORY Section amended in its entirety; Ord. 140-11, Eff. 8/4/2011.

SEC. 890.140. WALK-UP FACILITY.

A structure designed for provision of pedestrian-oriented services when located on an exterior building wall, including window service, self-service operations, and automated bank teller machines (ATMs). Such facilities shall provide waste receptacles, be kept free of litter, and provide adequate lighting for the facility and adjacent sidewalk, consistent with Planning Department guidelines.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023) AMENDMENT HISTORY Section amended; Ord. 70-23, Eff. 6/3/2023.

SEC. 899. OTHER APPLICABLE SECTIONS OF THE PLANNING CODE.

Certain sections of the Planning Code in Articles other than this Article also apply to Mixed Use Districts. Such sections and their titles are listed below. The following listing is set forth for convenience; in the event of any omission of a provision, that provision shall nevertheless still apply.

General Provisions

Section 271 Bulk Limits-Special Exceptions Section 295 Height Restrictions on Structures Shadowing Property Under the Jurisdiction of the Recreation and Park Commission

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023)

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