SEC. 321.4. CONVERTED SQUARE FOOTAGE; ANNUAL LIMIT INCREASE.

(a) Definitions. For purposes of this Section 321.4, the following terms have the following meanings:

“Converted Square Footage” means the total converted or demolished gross floor area of Office Space associated with a project that received on or after January 1, 1986: (1) a First Certificate of Occupancy authorizing the change of use of at least 10,000 square feet of gross floor area from Office Space to a non-office use, or (2) a completed permit, including any final inspections, to demolish at least 10,000 square feet of gross floor area of Office Space. “Converted Square Footage” includes the gross floor area associated with any approved Office Space, regardless of the type of Project Authorization approved for the Office Space, or if the Office Space was approved prior to November 29, 1984.

“First Certificate of Occupancy” has the meaning set forth in Section 401, as amended from time to time.

(b) Increases to Annual Limit.

(1) For any projects that convert or demolish Office Space on or after March 5, 2024, the Planning Department shall track the total Converted Square Footage resulting from the conversions and demolitions during each Approval Period, and add the total Converted Square Footage to the Large Cap Maximum annually.

(2) For any project that converted or demolished office space before March 5, 2024, the Large Cap Maximum shall be increased by the total Converted Square Footage of such projects no later than the Approval Period beginning October 17, 2024, consistent with the procedures in subsection (c), including any adjustments pursuant to subsection (c)(2).

(3) Any Converted Square Footage calculated pursuant to subsections (b)(1)-(2) of this Section 321.4 shall be treated the same as the newly available office development pursuant to Section 321(a)(1)(A), including being carried over to the next Approval Period; however, pursuant to Section 321(a)(1)(D), such Converted Square Footage shall not be subject to the reductions set forth in Section 321(a)(1)(C).

(c) Administration.

(1) No later than September 1, 2024, the Zoning Administrator shall publish an inventory of projects that converted or demolished Office Space between January 1, 1986 and March 5, 2024 (“Inventory”), inclusive, and the Converted Square Footage proposed to be added to the Large Cap Maximum for the Approval Period beginning October 17, 2024. The Zoning Administrator shall provide the public with an opportunity for meaningful review and comment on the Inventory. Following public review and comment, the Zoning Administrator shall adopt the Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The Zoning Administrator shall then update the Large Cap Maximum accordingly.

2024. The Zoning Administrator shall provide the public with an opportunity for meaningful review and comment on the Inventory. Following public review and comment, the Zoning Administrator shall adopt the Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The Zoning Administrator shall then update the Large Cap Maximum accordingly.

(2) Should the Zoning Administrator identify additional Converted Square Footage after the deadlines specified in subsection (c)(1), the Zoning Administrator shall publish an updated Inventory. Following public review and comment, the Zoning Administrator shall adopt the updated Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The new Converted Square Footage shall be added to the Large Cap Maximum for the Approval Period following final approval of the updated Inventory.

(3) In determining whether Converted Square Footage was lawfully converted or demolished for the purposes of this Section 321.4, the Zoning Administrator shall presume that such space was lawfully converted or demolished unless there is clear and convincing evidence otherwise.

(4) The Zoning Administrator is authorized to adopt such rules and regulations as the Zoning Administrator determines are appropriate to carry out the purposes and provisions of this Section 321.4, including but not limited to the

process for verifying increases to the Large Cap Maximum resulting from any Converted Square Footage.

(d) Loss of Existing Office Space. Upon the issuance of a First Certificate of Occupancy or completed demolition permit for a project that converted or demolished Office Space, the amount of Preexisting Office Space on the site shall be reduced by the amount of Converted Square Footage that was returned to the Large Cap Maximum. (Added by Proposition C, 3/5/2024, Eff. 4/12/2024)