SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM.

(a) Purpose and Findings. This Section 210.5 describes the Commercial to Residential Adaptive Reuse Program. The purpose of the Program is to facilitate the adaptive reuse of non-residential buildings to support the City’s housing needs by allowing for conversion, but not the demolition, of those buildings to residential use.

(b) Commercial to Residential Adaptive Reuse Projects. A Commercial to Residential Adaptive Reuse project is a project that includes a change of use of any existing Gross Floor Area from a non-residential use, excluding a hotel use, to a residential use as those uses are defined in Section 102.

(c) Eligibility. To be eligible for the Commercial to Residential Adaptive Reuse Program, a project must:

(1) be located in a C-3 zoning district or a C-2 zoning district that is east of or fronting Franklin Street/13th Street and north of Townsend Street;

(2) not seek approval under Section 206.5 or 206.6; and

(3) not expand an existing building’s envelope in a manner where the addition to the building envelope represents more than 33% of the existing building’s Gross Floor Area; provided that if a project would exceed this limit, the portions of the building additions in excess of 33% must meet generally prevailing code requirements. For purposes of this section, additional Gross Floor Area shall be counted from the lowest floor to the highest floor.

(d) Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 210.5. If there is a conflict between other provisions of the Planning Code and this Section 210.5, this Section shall prevail; provided that this Section does not alter, amend, or modify Section 249.93 (Group Housing Special Use District). For Commercial to Residential Adaptive Reuse projects, the following zoning controls shall be waived or modified, as described:

• (1) Lot Coverage. Lot coverage requirements per Section 134 shall not apply.

• (2) Open Space. Usable open space requirements per Section 135 shall not apply.

• (3) Streetscape and Pedestrian Improvements. Required streetscape and pedestrian improvements per Section 138.1 shall not apply.

• (4) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140 may be satisfied by either of the following:

• (a) providing an unobstructed open area that is at least as wide as the exposed exterior width of the Dwelling Unit

and is no less than five feet in every horizontal dimension at each story containing the Dwelling Unit and all stories above.

(b) providing an unobstructed open area that is at least 5 feet wide by 15 feet long at each story containing the Dwelling Unit and all stories above.

• (5) Bicycle Parking. The Bicycle Parking requirements in Sections 155.1 and 155.2 shall not apply.

• (6) Dwelling Unit Mix. The required minimum dwelling unit mix per Section 207.7 shall not apply.

• (7) Intermediate Length Occupancy. The establishment of Intermediate Length Occupancy units shall be consistent with Section 202.10, provided that the controls in Section 202.10(b)(1) and (b)(2) shall not apply. Intermediate Length Occupancy units shall be principally permitted in Commercial to Residential Adaptive Reuse projects.

• (8) Live Work Units. Live Works units are permitted in any Commercial to Residential Adaptive Reuse project.

• (9) Transportation Demand Management (TDM) Plan Requirements. The Transportation Demand Management Plan requirements in Section 169 shall not apply.

(10) Preservation of Privately Owned Public Open Spaces (POPOS). Nothing in this Section 210.5 is intended to modify, alter, or waive the applicability of Section 138 (POPOS) to Commercial to Residential Adaptive Reuse projects that retain non-residential uses.

(11) Off-Street Freight Loading and Service Vehicle Spaces. The requirements of Sections 152 and 152.1 for OffStreet Freight Loading and Service Vehicle Spaces shall not apply.

(12) Protected Pedestrian, Cycling, and Transit-Oriented Street Frontages. Pre-existing garage entries, driveways, or other vehicular access to off-street parking and loading via curb cuts for Commercial to Residential Adaptive Reuse projects are not subject to Section 155(r). Creation of new or expanded garage entries, driveways, or other vehicular access to off-street parking and loading via curb cuts shall be subject to Section 155(r).

(13) Density Limits. No density limit for projects located within the Northeast Waterfront Historic District, the Jackson Square Historic District, and the Jackson Square Historic District Extension. The Jackson Square Historic District Extension shall include parcels within the area bounded by the northern boundary of the Jackson Square Historic District and the centerline of Sansome Street, Kearny Street, and Broadway. Density in those areas shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and other Code requirements applicable to each development lot.

(e) Review of Projects in the C-3 District. If a project seeks exceptions that are waived or modified in subsection (d) above, the hearing requirements in Section 309 shall not apply as to the consideration of those exceptions. But if a project seeks exceptions not otherwise waived or modified in subsection (d) above, the hearing requirements of Section 309 shall apply.

(Added by 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; amended by Ord. 59-24, File No. 231079, App. 3/26/2024, Eff. 4/26/2024; Ord. 20-25, File No. 240927, App. 3/7/2025, Eff. 4/7/2025)

(Former Sec. 210.5 amended by Ord. 443-78, App. 10/6/78; redesignated as Sec. 210.4 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Section including divisions (d)(11)-(12) added by Ord. 159-23, Eff. 8/28/2023. Division (a) amended; division (d)(13) added; Ord. 59-24, Eff. 4/26/2024. Division (f) deleted; Ord. 20-25, Eff. 4/7/2025.