SEC. 202.11. PERMITTED USES IN HISTORIC BUILDINGS.

(a) Purpose. The following controls are intended to support and encourage the preservation of buildings of historic importance and support neighborhood vitality, by allowing more flexible uses of Historic Buildings and therefore

improving the economic feasibility of their adaptive reuse.

(b) Applicability. This Section 202.11 applies only to Historic Buildings as defined in Section 102. Nothing in this Section 202.11 affects review by the Historic Preservation Commission to the extent required by Articles 10 or 11 of this Code or Charter Section 4.135.

(c) Planning Approval. This Section 202.11 applies only to projects that meet all of the criteria set forth in this subsection (c).

(1) For Uses that are not permitted or are conditionally permitted in the District in which they are located, prior to the issuance of any necessary permits, the project must obtain a Planning Director determination that allowing the Use will enhance the feasibility of adaptive reuse of the Historic Building.

(2) The project must obtain a Planning Department determination that the project complies with the Secretary of the Interior’s Standards (36 C.F.R. § 67.7 (2001)), and any applicable provisions of the Planning Code.

(3) Any Residential Uses in the project shall comply with the Residential Inclusionary Affordable Housing Program set forth in Sections 415 et seq. , 415A et seq. , and 415B et seq. , as applicable.

(4) Projects in Neighborhood Commercial Districts and Neighborhood Commercial Transit Districts shall comply with Non-Residential Use Size limits pursuant to Section 121.2. In all other Districts, no Non-Residential Use Size limits shall apply.

(5) Temporary Uses may be authorized by the Planning Director pursuant to Section 205.8.

(6) All applicable conditions shall continue to apply, including but not limited to the location and operating conditions set forth in Section 202.2 and Formula Retail controls.

(d) Uses Permitted in Historic Buildings to Facilitate Preservation and Adaptive Reuse. Notwithstanding the zoning controls otherwise applicable in the District where the project is located, and subject to subsections (b) and (c) of this Section 202.11, Uses in Historic Buildings shall be permitted as follows, subject to the exceptions provided in this subsection (d):

(1) Residential Districts. In RH, RM, and RTO Districts, when located in a Historic Building, any Use that is not permitted in the District and is listed as a Principal or Conditional Use on the ground floor in the NC-1 District (for properties other than Historic Buildings), is permitted with Conditional Use authorization pursuant to Section 303, except as provided in subsections (A) and (B).

(A) Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Cannabis Retail, Hotel, and Industrial Uses.

(B) Exceptions by Use and District: In the RTO-M District and in portions of the RH-2, RH-3, RM-1, RM-2, and RM-3 Districts that are located both in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets and in the Calle 24 Special Use District, Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment.

(2) Eastern Neighborhoods Mixed Use Districts and Downtown Residential Districts:

(A) CMUO, MUG, MUO, MUR, SALI, SPD, UMU, WMUG, and WMUO Districts and DTR Districts. All Uses shall be Principally Permitted in Historic Buildings, except:

Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Cannabis Retail, Hotel, and Industrial Uses; provided that, Agricultural and Beverage Processing 1 and Light Manufacturing shall be Principally Permitted.

(B) RED and RED-MX Districts. Uses are permitted in Historic Buildings as follows:

(i) Principally Permitted Uses. Arts Activities, Community Facility, Private Community Facility, Public Facility, School, Social Service or Philanthropic Facility, and Trade School Uses are Principally Permitted.

(ii) Conditionally Permitted Uses. Retail Sales and Services Uses and Office Uses are Conditionally Permitted pursuant to Planning Code Section 303, except:

Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Adult Business, Adult Sex Venue, Cannabis Retail, and Hotel Uses.

(3) Neighborhood Commercial Districts. Any Use that is Conditionally Permitted in the Neighborhood Commercial District in which the property is located shall be Principally Permitted in a Historic Building and any Use that is not permitted in the Neighborhood Commercial District in which a property is located shall be Conditionally Permitted in a Historic Building, except as provided in subsections (A) and (B).

(A) Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Cannabis Retail, Hotel, and Industrial Uses; provided that, Agricultural and Beverage Processing 1, and Light Manufacturing shall be Conditionally Permitted.

(B) Exceptions by Use and District: In the 24th Street - Mission NCT and Mission Street NCT, and in the portions of the NC-1, NC-2, and NCT-3 Districts that are located both in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets and in the Calle 24 Special Use District, Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment.

(4) Commercial and Residential-Commercial Districts. In C-2, C-3, and RC Districts, all Uses shall be Principally Permitted in Historic Buildings, except:

Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Cannabis Retail, Hotel, and Industrial Uses; provided that Agricultural and Beverage Processing 1 and Light Manufacturing shall be Principally Permitted.

(5) PDR and all other Districts. In PDR Districts and any other District not specifically listed in subsections (d)(1)-

(4):

(A) Principally Permitted Uses. Any Use that is Conditionally Permitted in the District in which the property is located shall be Principally Permitted in a Historic Building, except as provided in subsection (C).

(B) Conditionally Permitted Uses. Any Use that is not permitted in the District in which a property is located shall be Conditionally Permitted in a Historic Building, except as provided in subsection (C).

(C) Exceptions:

(i) Exceptions by Use: Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Cannabis Retail, Hotel, and Industrial Uses; provided that, Agricultural and Beverage Processing 1 and Light Manufacturing shall be Principally Permitted under (5)(A) or Conditionally Permitted under (5)(B).

(ii) Exceptions by Use and District: In the portion of the PDR-1-G District that is located in the area bounded by Valencia, 13th, Harrison, and Cesar Chavez Streets, Use controls for the District shall remain unchanged by this Section 202.11 for the following Uses: Adult Business, Adult Sex Venue, Bar, Chair and Foot Massage, Electric Vehicle Charging Location, Fleet Charging, Fringe Financial Service, Gym, Laboratory, Life Science, Liquor Store, Massage Establishment, Nighttime Entertainment, Office, Private Community Facility, Restaurant, and Tobacco Paraphernalia Establishment.

(Added by Ord. 37-26, File No. 250886, App. 3/11/2026, Eff. 4/11/2026) (Former Sec. 202.11 added by Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; amended by Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; expired 9/4/2024)

Editor’s Note:

Section 202.14 was originally designated 202.11 when enacted by Ord. 149-21, effective 10/30/2021, and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.