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.

(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.

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.

(Added by 302-08, File No. 081333, App. 12/19/2008; amended by Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; redesignated as Sec. 249.38 and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

(Added by Ord. 248-09, File No. 090388, App. 12/3/2009; repealed by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

Editor's Notes:

This section originally was designated 249.41 when enacted by Ord. 248-09, approved 12/3/2009. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section was repealed under its current section number as shown in the history note above.

For current provisions relating to the 1500 Page Street Affordable Housing Special Use District, see Sec. 249.47.

(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.

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.

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)

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)

(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.

(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.

n 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.

(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.

mit 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).

(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.

(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.

(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.

(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)

AMENDMENT HISTORY

Divisions (a) and (b) amended; Ord. 63-20, Eff. 5/25/2020.

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)

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

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.

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.

(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

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.

(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.

(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.

itions.** 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.

(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.

plemented 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

(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.

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.

ocation, 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.

ing 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.

t 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").

(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.

(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;

(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.

(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

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.

(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)

(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.

(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.

n 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.

al 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:

oes 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.

(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:

emporary 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.

(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.

t 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.

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.

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).

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)

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;

(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.

(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.

(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.

(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.

hborhood 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.

(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)

(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.

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.

(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.

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.

t 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.

(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).

(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

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.

(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.

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.

(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.

• (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.

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

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.

(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.

(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.

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.

• (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)

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)

(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)

(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)

(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).

(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.

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.

(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.

(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)

(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)

(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

(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.

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).

(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.

(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”).

ojects 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)

(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)

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.

(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)

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)

(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 .

(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:

(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)

(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)

0-0-0-23147

(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.

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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

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.

(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.

"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.

(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.)

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.

t 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

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).

(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.

(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.

** 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.

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.

(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.

f 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.

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.

(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.

(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.

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)

(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:

(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.

(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.

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.

(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.

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.

t 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.

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)

(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.

(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.

(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.

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]

(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.

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)

(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.

(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.

h 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.

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)

(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.

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.

(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.

(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.

(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)

(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.

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.

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)

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)

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]

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.

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)

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)

(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.

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.

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)

(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.

(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.

• (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)

(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.

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)

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]

(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.

(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)

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)

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.

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)

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.

(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.

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.

(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.

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)

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.

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)

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.

(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.

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)

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)

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]

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)

(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)

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)

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.

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)

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)

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)

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)

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.

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)

(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.

(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.

(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]

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)

(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]

(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.

(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.

(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.

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]

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)

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)

(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]

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.

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

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.

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.

he 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)

(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.

(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.

(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.

(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.

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.

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.

ntenance, 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.

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.

(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.

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.

(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.

(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).

(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.

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.

(Added by Proposition F, 6/3/97; repealed by Proposition G, 6/3/2008)

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)

(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.

(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.

(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.

he 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 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.

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.

(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

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.

(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.

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.

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.

(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)

(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;

(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.

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.

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.

(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.”

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.”