San Francisco Planning Code Art. 2 Use Districts

For provisions relating to NC Districts, see Article 7.

For provisions relating to Chinatown and South of Market Mixed Use Districts, see Article 8. For provisions relating to Mission Bay Districts, see Article 9.

(See Interpretations related to this Section.)

In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts:

Castro Street Neighborhood Commercial District (Defined in Sec. 715) Inner Clement Street Neighborhood Commercial District (Defined in Sec. 716) Outer Clement Street Neighborhood Commercial District (Defined in Sec. 717) Excelsior Outer Mission Neighborhood Commercial District (Defined in Sec. 720) Upper Fillmore Street Neighborhood Commercial District (Defined in Sec. 718) Haight Street Neighborhood Commercial District (Defined in Sec. 719) Japantown Neighborhood Commercial District (Defined in Sec. 721) North Beach Neighborhood Commercial District (Defined in Sec. 722) Polk Street Neighborhood Commercial District (Defined in Sec. 723) Sacramento Street Neighborhood Commercial District (Defined in Sec. 724) Union Street Neighborhood Commercial District (Defined in Sec. 725) Lakeside Village NCD (Defined in Sec. 727) 24th Street - Noe Valley Neighborhood Commercial District (Defined in Sec. 728)

West Portal Avenue Neighborhood Commercial District (Defined in Sec. 729) Inner Sunset Neighborhood Commercial District (Defined in Sec. 730) Pacific Avenue Neighborhood Commercial District (Defined in Sec. 726) Noriega Street Neighborhood Commercial District (Defined in Sec. 731) Irving Street Neighborhood Commercial District (Defined in 732) Taraval Street Neighborhood Commercial District (Defined in Sec. 733) Judah Street Neighborhood Commercial District (Defined in Sec. 734) Inner Balboa Street Neighborhood Commercial District (Defined in Sec. 735) Outer Balboa Street Neighborhood Commercial District (Defined in Sec. 736) Bayview Neighborhood Commercial District (Defined in Sec. 737) Cortland Avenue Neighborhood Commercial District (Defined in Sec. 738) Geary Boulevard Neighborhood Commercial District (Defined in Sec. 739) Mission Bernal Neighborhood Commercial District (Defined in Sec. 740) San Bruno Avenue Neighborhood Commercial District (Defined in Sec. 741) Cole Valley Neighborhood Commercial District (Defined in Sec. 742) Lower Haight Street Neighborhood Commercial District (Defined in Sec. 743) Lower Polk Street Neighborhood Commercial District (Defined in Sec. 744) Inner Taraval Street Neighborhood Commercial District (Defined in Sec. 745) Leland Avenue Neighborhood Commercial District (Defined in Sec. 746)

Neighborhood Commercial Transit Districts (NCT)

Named Neighborhood Commercial Transit (NCT) Districts (Defined in Sec. 702(a)(2))

Named Neighborhood Commercial Transit (NCT) Districts (Defined in Sec. 702(a)(2)) Hayes-Gough NCT (Defined in Sec. 761) Valencia Street NCT (Defined in Sec. 762) 24th Street - Mission NCT (Defined in Sec. 763) Upper Market Street NCT (Defined in Sec. 764) SoMa NCT (Defined in Sec. 753) Mission Street NCT (Defined in Sec. 754) Ocean Avenue NCT (Defined in Sec. 755) Glen Park NCT (Defined in Sec. 756) Folsom Street NCT (Defined in Sec. 757) Regional Commercial District (Defined in Sec. 758) Divisadero Street NCT (Defined in Sec. 759) Fillmore Street NCT (Defined in Sec. 760)

Neighborhood Commercial Special Use Districts

(Defined in Sec. 702.2) Lakeshore Plaza Special Use District (Defined in Sec. 780.1) Bayshore-Hester Special Use District (Defined in Sec. 780.2) Mission-Harrington Special Use District (Defined in Sec. 780.4) 1800 Market Community Center Project Special Use District (Defined in Sec. 787)

Neighborhood Commercial Restricted Use Districts and Subdistricts

(Defined in Sec. 249, 781 and 784)

Fringe Financial Service Restricted Use District (Defined in Sec. 249.35)

Treasure Island and Yerba Buena Island Districts (Also see Section 249.52)

S-MU Stonestown Special Use District (Defined in Section 249.9(f)(1))

In addition to the classes of use districts in the above table, the following terms shall apply:

• “R District” shall mean any RH-1(D), RH-1, RH-1(S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RTO, RTO-M, RC-1,

• RC-2, RC-3 or RC-4 District;

• “M District” shall mean any M-1 or M-2 District;

• “PDR District” shall mean any PDR-1-B, PDR-1-D, PDR-1-G or PDR-2 District;

• “RH District” shall mean any RH-1(D), RH-1, RH-1(S), RH-2, or RH-3 District;

• “RM District” shall mean any RM-1, RM-2, RM-3, or RM-4 District;

• “RTO District” shall mean any RTO-1, RTO-C, or RTO-M District;

"C-3 District" shall mean any C-3-O, C-3-R, C-3-G, or C-3-S District. For the purposes of Section 128 and Article 11 of this Code, the term "C-3 District" shall also include the South of Market Extended Preservation District designated on Section Map SU03 of the Zoning Map;

“NCT District” shall mean any district described in Section 702(a)(2), including any NCT-1, NCT-2, NCT-3, and any Named Neighborhood Commercial Transit District; and

• “Mixed Use District” shall mean all Chinatown Mixed use, Eastern Neighborhood Mixed use, and Downtown

Residential Districts.

(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. 63-91, App. 2/27/91; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 217-05, File No. 050865, App. 8/19/2005; 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. 85-10, File No. 091271, App. 4/30/2010; 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. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; 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. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; 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. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; Ord. 61-20, File No. 200039, App. 4/24/2020, Eff. 5/25/2020, Oper. 5/25/2020; Ord. 63- 20, File No. 200077, App. 4/24/2020, Eff. 5/25/20202020; Ord. 141-20, File No. 200422, App. 8/28/2020, Eff. 9/28/2020, Oper. 9/28/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245- 25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY

Parkmerced Districts table added; Ord. 90-11 , Eff. 7/9/2011. Treasure Island and Yerba Buena Island Districts table added; Ord. 98-11 , Eff. 7/15/2011. [Former] Individual Area Districts table amended; Neighborhood Commercial SUD and Neighborhood Commercial RUD tables added; Downtown RD table amended; Ord. 140-11, Eff. 8/4/2011. [Former] Individual Area NCT Districts table amended; Ord. 35-12 , Eff. 3/22/2012. Public Use Districts, Neighborhood Commercial SUD, Neighborhood Commercial RUD, and Commercial Districts tables amended; non-tabular district

definitions added; Ord. 176-12 , Eff. 9/6/2012. Commercial Districts table amended; Ord. 182-12 , Eff. 9/7/2012. Former Individual Area Districts table redesignated as Named NCD table and amended; former Individual Area Neighborhood Commercial Transit (NCT) Districts table redesignated as Named NCT Districts table and amended; SoMa MUD and Eastern Neighborhoods MUD tables and "R District" definition amended; Ord. 42-13 , Eff. 4/27/2013. Definition references added to all district table entries; Ord. 56-13 , Eff. 4/27/2013. Named NCD and Neighborhood Commercial RUD and Subdistricts tables amended; "R District" definition amended; Ord. 261-13 , Eff. 12/27/2013. Named NCD and Named NCT Districts tables amended; Ord. 227-14 , Eff. 12/13/2014. Named NCD table amended; Ord. 228-14 , Eff. 12/13/2014. Residential Districts, R-C Districts, and Commercial Districts tables amended; Ord. 22-15, Eff. 3/22/2015. Named NCD and Named NCT Districts tables amended; Ord. 126-15 , Eff. 8/16/2015. Named NCD and Named NCT Districts tables amended; Ord. 127-15 , Eff. 8/16/2015. Public Use Districts, Residential Districts, Neighborhood Commercial RUD and Subdistricts, Commercial Districts, Industrial Districts, and PDR Districts tables amended; Ord. 188-15 , Eff. 12/4/2015. Named NCD table amended; Ord. 229-15 , Eff. 1/21/2016. NCD, Named NCD, NCT Districts, and Named NCT Districts tables amended; Ord. 129-17, Eff. 7/30/2017. Mission Rock Mixed Use District table added; Ord. 31-18, Eff. 4/6/2018. NCD and Named NCD tables and “NCT District” definition amended; Ord. 202-18, Eff. 9/10/2018. South of Market Use Mixed Use Districts table deleted; designation of Eastern Neighborhoods Mixed Use districts table deleted and table amended; “Mixed Use District” definition amended; Ord. 296-18, Eff. 1/12/2019. Chinatown MUD table amended; Ord. 208-19, Eff. 10/21/2019. Named NCD table amended; Ord. 7-20, Eff. 3/2/2020. Potrero Power Station MUD table added; Ord. 61-20, Eff. 5/25/2020. Eastern Neighborhoods MUD table designated; Ord. 63-20, Eff. 5/25/2020. Potrero Power Station Mixed Used District table renamed Potrero Power Station Special Use District; Ord. 136-21, Eff. 9/4/2021. Eastern Neighborhoods Mixed Use Districts table amended; Ord. 70-23, Eff. 6/3/2023. Neighborhood Commercial RUD and Subdistricts table amended; Ord. 249-23, Eff. 1/14/2024. Stonestown Mixed Use District table added; Ord. 204-24, Eff. 9/1/2024. Neighborhood Commercial SUD table amended; Ord. 21725, Eff. 12/15/2025. Residential Districts table and “RTO District” definition amended; Ord. 245-25, Eff. 1/12/2026. Named NCD table amended; Ord. 13-26, Eff. 3/16/2026.

CODIFICATION NOTES

1. So in Ord. 61-20 .

2. So in Ord. 141-20 .

(See Interpretations related to this Section.)

(a) The use limitations of this Code shall be set forth in Articles 2, 6, 7, 8, and 9 for the use districts of the City, as established by Section 201 of this Code and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. The uses permitted under this Code shall consist of the following:

(1) Principal Uses, as defined in Section 102 of this Code;

• (2) Conditional Uses, as defined in Section 102 of this Code; and

(3) Accessory Uses, as defined in Section 102 of this Code. Any Use not qualified as an Accessory Use shall be classified as a Principal Use or Conditional Use.

(b) Permitted uses shall include in each established district such uses not specifically listed in Articles 2, 7, or 8 of this Code as are from time to time determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.

(c) No use shall be permitted in any R District, C District, PDR-1 Districts, or M-1 District which by reason of its nature or manner of operation creates conditions that are hazardous, noxious or offensive through emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(d) Except as specifically provided herein to the contrary, the provisions of Articles 2, 7, 8, and 9 of this Code shall apply to all uses, properties, and developments, both public and private, including those of the City and County of San

Francisco.

(Amended by Ord. 262-80, App. 6/9/80; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91; Ord. 298-08, File No. 081153, App. 12/19/2008; 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) AMENDMENT HISTORY Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a)-(a)(3) amended; Ord. 129-17, Eff. 7/30/2017.

This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way.

(Amended by Ord. 443-78, App. 10/6/78)

(See Interpretations related to this Section.)

This Section 204 and Sections 204.1 through 204.6 , shall regulate Accessory Uses, as defined in Section 102. Any use which 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.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; 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. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)

AMENDMENT HISTORY

Section amended; Ord. 22-15, Eff. 3/22/2015. Section amended; Ord. 129-17, Eff. 7/30/2017. Reference updated; Ord. 190-22, Eff. 10/17/2022.

(See Interpretations related to this Section.)

(a) Purpose. Sections 205 et seq. of this Code provide for streamlined consideration of time-limited, non-permanent establishment of certain temporary uses, in specific locations, and for specified durations, as provided below.

(b) Temporary Uses Authorized. The authorized temporary uses listed in Sections 205 et seq. may be authorized as provided herein, up to the time limits indicated. In the event of a conflict between the controls in Sections 205 et seq. and the controls of the applicable District, including any voter initiative, Sections 205 et seq. shall apply; provided that, pursuant to Section 703.4, Formula Retail uses are not permitted as Temporary Uses in Neighborhood Commercial Districts.

(c) Existing Temporary Uses. Wherever a use exists on the effective date of this Code or of an amendment thereto under which such use is classified as a temporary use, or wherever a use is being conducted under a temporary use authorization given prior to such a date, such use may be continued for the maximum term specified therefor, calculated from said effective date or date of authorization. No such use shall continue thereafter unless a temporary use authorization is obtained under a new application. Continuance of a temporary use beyond the date of expiration of the period authorized therefor, or failure to remove a structure for such temporary use within 10 days thereafter, shall constitute a violation of this Code.

(d) Calculation of Time. Unless otherwise specified, the time periods referenced in this Section 205 et seq. are consecutive hours or consecutive calendar days; they are not the total number of hours or days that the use is in operation. Therefore, a 24-hour authorization that begins at 6:00 a.m. expires at 6:00 a.m. the following day, even if the use was in operation only eight hours of that 24-hour period. Similarly, a 60-day authorization expires after 60 calendar days even though the use may only have been open for business three days per week during that 60-day period. Hours or days of unused authorization cannot be stored or credited.

(e) Application, Appeals, and Renewal. The Planning Director or the Planning Director’s designee shall have authority to approve or deny an application for temporary use authorization, and may act upon an application without a public hearing. The decision to authorize or deny any temporary use pursuant to Sections 205 et seq. may be appealed to the Board of Appeals within 15 days after the date of the decision by filing a written notice of appeal with that body. The Planning Director or Director’s designee may authorize additional time for a temporary use by action upon a new application, subject to all the requirements for the original application, unless otherwise indicated in Sections 205 et seq.

(f) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or commencement of a temporary use authorized under Sections 205 et seq. shall not be considered a conversion, discontinuance, abandonment, or change of the authorized land use(s) preceding the temporary use authorized under Sections 205 et seq. Any property for which the temporary use is authorized shall retain its preceding authorized land use(s).

(g) Multiple Temporary Uses. Authorization of an Interim Activity under Sections 205 et seq. at a given property or for a given use shall not preclude the concurrent authorization of any other temporary uses recognized in this Section.

(h) Additional Permits. Authorization of a temporary use under Sections 205 et seq. does not waive the requirement to obtain any additional authorization that may be required by the San Francisco municipal Code, including but not limited to permits required by the Health Code or Building Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 212-94, 6/2/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 297-10, File No. 101351, App. 12/3/2010; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; Ord. 140-20, File No. 200215, App. 8/28/2020, Eff. 9/28/2020; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025)

AMENDMENT HISTORY

Division (b) amended; division (d) added; Ord. 140-11, Eff. 8/4/2011. Divisions (a)-(d) amended; divisions (e) and (f) added; Ord. 35-20, Eff. 4/6/2020. Divisions (a) and (d)-(f) amended; Ord. 140-20, Eff. 9/28/2020. Divisions (b) and (e) deleted; former divisions (a) and (f) amended as (b) and (e); division (c) and (d) amended; new divisions (a) and (f)-(h) added; Ord. 116-25, Eff. 8/17/2025.

This section shall be known as the Affordable Housing and Educator Housing Programs, which include the HOME-SF Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program, the Individually Requested State Density Bonus Program, and the 100% Affordable Housing and Educator Housing Streamlining Program.

(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; Proposition E, 11/5/2019, Eff. 12/20/2019)

(Former Sec. 206 amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 209 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY

Section heading and section amended; Ord. 116-17, Eff. 7/13/2017. Section heading and section amended; Proposition E, Eff. 12/20/2019.

(a) Applicability. The density of Dwelling Units permitted in the various Districts shall be as set forth in the Zoning Control Table for the district in which the lot is located. The term “Dwelling Unit” is defined in Section 102 of this Code. In districts where no density limit is specified, density shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, bulk, setbacks, open space, exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review by the Planning Department.

(b) Rules for Calculating Dwelling Unit Density. In districts that establish a maximum dwelling unit density, the following rules shall apply in the calculation of dwelling unit density under this Code:

(1) A remaining fraction of one-half or more of the minimum of lot area per Dwelling Unit shall be adjusted upward to the next higher whole number of Dwelling Units.

(2) Where permitted by this Code, two or more of the dwelling and other housing uses specified in the Code may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where Dwelling Units and Group Housing are combined, the maximum permitted density for Dwelling Units and for Group Housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot.

(3) Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density.

(4) No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density.

(5) Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the Dwelling Units attributable to the district permitting the greater density shall be located in the district permitting the lesser density.

(6) In Neighborhood Commercial Districts, the dwelling unit density shall be at a density ratio not exceeding the number of Dwelling Units permitted in the nearest R District, provided that the maximum density ratio shall in no case be less than the amount set forth in the Zoning Control Table for the district in which the lot is located. The distance to each R District shall be measured either from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density.

(c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances:

(1) Affordable Units in Projects with 20% or More Affordable Units. For projects that are not located in any RH1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, where 20% or more of the Dwelling Units on-site are “Affordable Units,” the on-site Affordable Units shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. For purposes of this Section 207, “Affordable Units” shall be defined as meeting (A) the criteria of Section 406(b); (B) the requirements of Section 415 et seq. for onsite units; or (C) restricted units in a project using California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC). If a project sponsor proposes to provide “Affordable Units” that are not restricted by any other program, in order to receive the benefit of the additional density permitted under this Subsection (c)(1) or Subsection (c)(2), the project sponsor shall elect and the Planning Department and MOHCD shall be authorized to enforce, restricting the units as affordable under Planning Code Section 415.6 up to a maximum of 25% of the units in the Principal Project. The project sponsor shall make such election through the procedures described in Section 415.5(g) including submitting an Affidavit of Compliance indicating the project sponsor’s election to pursue the benefits of Subsection (c)(1) or (c)(2) and committing to up to 25% on-site units restricted under Section 415.6 prior to approval by the Planning Commission or Planning Department staff. If a project sponsor obtains the exemption from the density calculation for Affordable Units provided in this subsection, the exemption shall be documented and recorded against the property under the terms of a Regulatory Agreement as defined under Section 206.2 and consistent with the provisions set forth in Section 206.6(f)(4). Any later request to decrease the number of Affordable Units shall require the project to go back to the Planning Commission or Planning Department, whichever entity approved the project as a whole.

(2) Affordable Units in RTO Districts. In the RTO District, on site Dwelling Units that are “Affordable Units,” as defined in Subsection (a), shall not count toward density calculations or be limited by lot area.

(3) Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District.

(4) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the City’s Local Accessory Dwelling Unit Program is set forth in Section 207.1 of this Code.

(J)4 Notification. Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall cause a notice describing the proposed project to be posted in an accessible common area of the building for at least 15 calendar days prior to submitting an application to construct an ADU, and shall cause said notice to be mailed or delivered to each unit (including unauthorized units) at the subject property, also at least 15 calendar days prior to submitting the application. The property owner shall submit proof of these notices to the Planning Department as part of

the application to construct an ADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the project, including the number and location of the proposed ADU(s), and shall include a copy of the written declaration required by subsection (c)(4)(C)(iii). These notices shall also include instructions on how a tenant may petition the Rent Board for a written determination on the declaration as set forth in subsection (c)(4)(C)(iii), including the deadline for filing such petition, which shall be 30 calendar days after the notice has been provided. These notices shall also describe how to obtain additional information regarding the project and shall provide contact information for the Planning Department that complies with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Planning Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.

(5) On-site Units in Group Housing Projects. For On-site Units in Group Housing projects subject to Section 415.6 that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, the On-site Units in Group Housing projects subject to Section 415.6 shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk.

(6) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the State-Mandated Accessory Dwelling Unit Program is set forth in Section 207.2 of this Code.

(7) A Designated Child Care Unit that meets all the applicable standards of Planning Code Section 414A.6 shall not count towards the calculation of maximum density permitted on the site.

(8) Residential Density Exception in RH Districts.

(A) Density Exception. Projects located in RH Districts that are not seeking or receiving a density bonus under the provisions of Planning Code Section 206.5 or 206.6 shall receive an exception from residential density limits in the following amounts not inclusive of any Accessory Dwelling Units as permitted under this Section 207, provided that the project meets the requirements set forth in this subsection (c)(8):

(i) Up to four units per lot, excluding Corner Lots.

• (ii) Up to six units for Corner Lots 5

(iii) Up to one Group Housing Room per 415 sq. ft. of lot area in RH-1, RH-1(D), and RH-1(S) zoning districts.

(B) Eligibility of Historic Resources. To receive the density exception authorized under this subsection (c)(8), a project must demonstrate to the satisfaction of the Environmental Review Officer that it does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, as may be amended from time to time. Permit fees for pre-application Historic Resource Assessments shall be waived for property owners who apply to obtain a density exception under this subsection (c)(8), if they sign an affidavit stating their intent to reside on the property for a period of three years after the issuance of the Certificate of Final Completion and Occupancy for the new dwelling units. Permit fees for Historic Resource Determinations shall not be waived.

(C) Applicable Standards. All building standards shall apply in accordance with the applicable zoning district as set forth in Section 209.1.

(D) Unit Replacement Requirements. Projects utilizing the density exception of this subsection (c)(8) shall comply with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to produce at least as many dwelling units as the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. In the case of Group Housing, projects utilizing this density exception shall provide at least as many bedrooms as the project would demolish.

(E) Applicability of Rent Ordinance; Regulatory Agreements. Project sponsors of projects utilizing the density exception of this subsection (c)(8) shall enter into a regulatory agreement with the City, subjecting the new units or Group

Housing rooms created pursuant to the exception to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (i) a statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) because, under Section 1954.52(b), the property owner has entered into and agreed to the terms of this agreement with the City in consideration of an exception from residential density limits of up to four dwelling units per lot, or up to six units per lot in Corner Lots, or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. ; (ii) a description of the exception of residential density or other direct financial contribution or form of assistance 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. The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Regulatory Agreement, which shall be reviewed and approved 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 and approval by the City Attorney, 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. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the new units on a publicly-accessible website.

(F) Unit Sizes. At least one of the dwelling units resulting from the density exception shall have two or more bedrooms or shall have a square footage equal to no less than 1/3 of the floor area of the largest unit on the lot. This provision does not apply to projects where all of the units qualify as Group Housing.

(G) Eligibility. To receive the density exception authorized under this subsection (c)(8), property owners must demonstrate that they have owned the lot for which they are seeking the density exception for a minimum of one year prior to the time of the submittal of their application. For the purposes of establishing eligibility to receive a density exception according to subsection (c)(8)(B), a property owner who has inherited the subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step family relationship, specifically from either (i) a grandparent, parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner’s spouse or registered domestic partner (each an “Eligible Predecessor”), may add an Eligible Predecessor’s duration of ownership of the subject lot to the property owner’s duration of ownership of the same lot. This subsection 207(c)(8)(G) shall only apply if at the time of submittal of the application the subject lot contains two dwelling units or more.

(H) Annual Report on Housing Affordability, Racial Equity, and Language Access Goals. To help the City evaluate whether the implementation of this Section 207(c)(8) comports with the City’s housing affordability, racial equity, and language access goals, each year the Planning Department, in consultation with other City departments including the Department of Building Inspection, the Rent Board, and the Office of the Assessor-Recorder, shall prepare a report addressing the characteristics and demographics of the applicants to and participants in the program established in said section; the number of units permitted and constructed through this program; the geographic distribution, affordability, and construction costs of those units; and the number of tenants that vacated or were evicted from properties as a result of the permitting or construction of units through this program (“Affordability and Equity Report”). The Affordability and Equity Report shall be included and identified in the annual Housing Inventory Report. The Planning Department shall prepare the report utilizing applicant data that has been provided by program applicants voluntarily and anonymously, and separate from the submittal of an application for a density exception. An applicant’s decision to provide or decline to provide the information requested by the Planning Department in order to prepare the report shall have no bearing on the applicant’s receipt of a density exception.

(9)3 Replacing Auto-Oriented Uses with Housing.

(A) Purpose. The purpose of this subsection (c)(9) is to encourage housing development on parcels that are being used for Auto-Oriented Uses, with the goal of easing the City’s housing shortage while addressing the adverse impacts that

automobiles have on climate change, pedestrian safety, and livability.

(B) Definition. For the purposes of this subsection (c)(9), an Auto-Oriented Use shall mean any parcel that has, or had as its last permitted use, an accessory parking lot or garage, or any use defined as an Automotive Use in Planning Code Section 102.

(C) Applicability. This subsection (c)(9) shall apply to all properties (i) with an Auto-Oriented Use on which a residential use is permitted as a Principal Use but does not contain a Residential Use, and which also (ii) have not had a Legacy Business, as defined in Administrative Code Section 2A.242(b), on the site for four years prior to submittal of an application under this subsection (c)(9). Notwithstanding the previous sentence, this subsection (c)(9) shall not apply to properties located in RM or RC districts, or to properties located in a designated historic district under Article 10 of this Code. Sites that contain a business that has been nominated for inclusion in the Legacy Business Registry shall be ineligible for this subsection (c)(9), unless the Small Business Commission finally determines that such business does not meet the criteria for a Legacy Business under Administrative Code section 2A.242(b).

(D) Density Controls. Notwithstanding any other provision of this Code, eligible properties shall be subject to the following density controls:

(i) Eligible Sites in RH Zoning Districts: Four Dwelling Units per lot as a Principally Permitted use.

(ii) Eligible Sites in Other Zoning Districts: Density shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and any adopted design standards or guidelines for each parcel as a Principally Permitted Use. Notwithstanding any contrary provision of this Code, projects using this subsection (c)(9) may also seek a density bonus under Section 206.6.

(E) Conditional Use. Any other Conditional Use required by this Code that is not related to permitted residential density shall continue to apply.

(F) Parking Requirements.

(i) Residential Parking. Proposed projects using the density exception in this subsection (c)(9) are subject to the following parking controls:

P: up to 0.25 parking spaces per residential unit

C: up to 0.5 parking spaces per unit

NP: above 0.5 spaces per unit

(ii) Non-Residential Parking. Notwithstanding any other provision of this Code, up to 75% of Non-Residential Parking otherwise allowed by this Code shall be permitted for projects using the density exception in this subsection (c)

(9).

(G) Review of Program and Limit on Number of Residential Units. The Planning Department shall include the number and location of projects using this subsection (c)(9) and number of units provided in such projects in the Housing Inventory Report. This subsection (c)(9) shall remain in effect until the Planning Department approves a total of 5,000 residential units under the authority of this subsection (c)(9). When the Planning Director certifies in writing that the Planning Department has approved 5,000 residential units under this subsection 207(c)(9), the subsection shall expire by operation of law, and the City Attorney shall cause the subsection to be removed from the Planning Code. (Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90; 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. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162- 16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 162-17 ,, File No. 170434, App. 7/27/2017, Eff. 8/26/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 208-21, File No. 210699, App. 11/12/2021, Eff. 12/13/2021; Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/21; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 210-22,

File No. 210866, App. 10/28/2022, Eff. 11/28/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

AMENDMENT HISTORY

Section header and section amended; Ord. 22-15, Eff. 3/22/2015. Section header amended; former section amended and designated as current division (a); former Sec. 207.1 amended and designated as divisions (b) and (c) of this section [see that section for its prior legislative history]; Ord. 30-15 , Eff. 4/25/2015. Divisions (c)(1), (c)(4)(A)-(C) and [former] (c)(4) (D) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015 [see Editor's Note below]. Division (c) amended; division (c) (5)1 added; Ord. 164-15 , Eff. 10/23/2015. Divisions (b)(1) and (b)(6) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)(4), (c)(4)(B), and (c)(4)(C) amended; new divisions (c)(4)(D)-(I) added; former division (c)(4)(D) redesignated as (c) (4)(I) and amended; division (c)(5)1 added; Ord. 162-16 , Eff. 9/3/2016. Divisions (a), (c), (c)(4), (c)(4)(A), (B), (F), (F)

(iii) amended; divisions (c)(4)(B)(i) - (v) and (c)(6)(C) - (F) added; division (c)(5)¹ redesignated as (c)(6); division (c)(5) (C)¹ redesignated as (c)(6)(G) and amended; Ord. 95-17 , Eff. 6/11/2017. Divisions (c)(4)(B), (c)(4)(B)(ii) and (iii), (c)(4) (C)(i)-(iii) and (vi) amended; division (c)(4)(F)(iv) added; division (c)(6)(B) deleted; divisions (c)(6)(C)-(G) redesignated as (c)(6)(B)-(F) and current divisions (c)(6)(B), (c)(6)(B)(i), (c)(6)(B)(iii), (c)(6)(B)(v), (c)(6)(B)(vi), and (c)(6)(C) amended; Ord. 162-17 , Eff. 8/26/2017. Divisions (c)(4)(B)(iii), (c)(4)(B)(v), (c)(4)(C)(i), (c)(4)(C)(ii) amended; new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(iii)-(vi) redesignated as (c)(4)(C)(v)-(viii); divisions (c) (4)(G), (c)(4)(H)(i), (c)(4)(H)(iv), (c)(4)(I)(ii), (c)(6)(A), (c)(6)(B)(i), and (c)(6)(B)(iii) amended; divisions (c)(6)(B)(x) and (xi) added; divisions (c)(6)(C) and (c)(6)(E)(ii) amended; Ord. 195-18 , Eff. 9/10/2018. Divisions (c)(6)(B)(i) and (c) (6)(C) amended; Ord. 202-18 , Eff. 9/10/2018. Division (c)(4)(C)(viii) amended; division (c)(7) added; Ord. 7-19 , Eff. 2/25/2019. Divisions (c)(4), (c)(4)(B)(ii)-(iii), (c)(4)(C), (c)(4)(C)(i), (ii), and (iv), (c)(4)(E), (c)(4)(F)(i)-(iv), (c)(4)(G), (c)(4)(H)(i) and (iv), (c)(6)-(c)(6)(B), (c)(6)(B)(iii)-(v) and (x) amended; division (c)(6)(B)(xii) added; division (c)(6)(C) amended; division (c)(6)(D) added; former divisions (c)(6)(D)-(F) redesignated as (c)(6)(E)- (G); divisions (c)(6)(H)-(c) (6)(H)(viii) added; Ord. 116-19 , Eff. 7/29/2019. Divisions (c)(4), (c)(4)(B)(iii), (c)(6)(B)(x), and (c)(6)(H)(ii) amended; Ord. 63-20 , Eff. 5/25/2020. Division (c)(4)(C)(i) amended as (c)(4)(C)(i) and (ii); new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(ii)-(viii) redesignated as (c)(4)(C)(v)-(xi); divisions (c)(4)(C)(v), (viii), and (x) amended; division (c)(4)(J) added; Ord. 208-21 , Eff. 12/13/2021. Second division (c)(4)(C)(ix)2 added following current division (c)(4)(C)(xi); Ord. 209-21 , Eff. 12/20/2021. Division (c)(1) amended; Ord. 210-21 , Eff. 12/20/2021. Divisions (c)(8) - (c)(8)(H) added; Ord. 210-22 , Eff. 11/28/2022. Divisions (c)(9)-(c)(9)(G)³ added; Ord. 264-22 , Eff. 1/22/2023. Divisions (c)(4), (c)(4)(B), (c)(4)(C) - (c)(4)(C)(ii), and (c)(4)(C)(v)-(vii) amended; divisions (c)(4)(C)(viii) - second (ix)² amended as (c)(4)(C)(ix) - (xiii); divisions (c)(4)(D)-(F), (c)(4)(F)(iv), (c)(4)(G), (c)(4)(I)(ii)-(iii), and (c)(6)-(c)(6)(B) amended; divisions (c)(6)(B)(iv)-(v) and (viii)-(ix) amended as (c)(6)(B)(i)-(iv); divisions (c)(4)(B)(i)-(v), (c)(6)(B)(i)(iii), (vi)-(vii), and (x)-(xii), and (c)(6)(C)-(H)(viii) deleted; divisions (c)(4)(C)(viii), (xiv), and (xv)-(xv)b., and (c)(6)(C)(K) added; Ord. 53-23 , Eff. 5/22/2023. Divisions (c)(3)(A)-(B) deleted; divisions (c)(8)(A) and (c)(8)(C)-(G) amended; divisions (c)(8)(A)(i)-(iii) added; Ord. 248-23 , Eff. 1/14/2024. Divisions (c)(4) and (c)(6) amended; divisions (c)(4)(A)- (I)(iii) and (c)(6)(A)-(K) deleted; Ord. 62-24 , Eff. 4/28/2024. Division (c)(8)(E) amended; Ord. 170-25, Eff. 10/6/2025. CODIFICATION NOTES

1. Division (c)(6) was originally added as division (c)(5) by Ord. 162-16, Eff. 9/3/2016. Because Ord. 164-15, Eff. 10/23/2015, had already added a division (c)(5), the newer division (c)(5) was redesignated as division (c)(6) by Ord. 9517, Eff. 6/11/2017. Division (c)(6) was later replaced by Ord. 62-24.

2. So in Ord. 209-21.

3. Division (c)(9) was originally added as division (c)(8) by Ord. 264-22. Because Ord. 201-22 had already added a division (c)(8), the publisher has editorially redesignated the newer division (c)(8) as (c)(9).

4. So in Ord. 62-24.

5. So in Ord. 248-23.

Editor's Notes:

As documented in the history notes above, this section was amended by two ordinances enacted concurrently, Ords. 161- 15 and 162-15, both effective on 10/18/2015. The ordinances contained a number of overlapping amendments, with the primary distinction between them being the addition of references to two different specific Board of Supervisors Districts. (Those references were deleted by subsequent amendments.) The second of the two concurrent ordinances expressly provides that:

The Board intends that, if adopted, the additions and deletions shown in both ordinances be given effect so that the substance of each ordinance be given full force and effect. To this end, the Board directs the City Attorney's Office and the publisher to harmonize the provisions of each ordinance.

See Section 9 of Ord. 162-15. The editor set out this section in accordance with the Board's direction to harmonize the two ordinances.

As a separate matter, Ord. 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).

(See Interpretations related to this Section.)

The density limitations for Group Housing or Homeless Shelters, as described in Sections 102 and 890.88(b) and (c) of this Code, shall be as follows:

(a) For Group Housing, the maximum number of Bedrooms on each Lot shall be as specified in the Zoning Control Table for the District in which the Lot is located, except that in RTO, RCD, UMU, MUG, WMUG, MUR, MUO, CMUO, WMUO, RED, RED-MX, SPD, DTR, and all NCT Districts the density of Group Housing shall not be limited by lot area, and except that for Lots in NC Districts, the group housing density shall not exceed the number of Bedrooms permitted in the nearest R District provided that the maximum density not be less than the amount permitted by the ratio specified for the NC District in which the lot is located. For Homeless Shelters, the maximum number of beds on each lot shall be regulated pursuant to the requirements of the Standards of Care for City Shelters contained in Administrative Code, Chapter 20, Article XIII, in addition to the applicable requirements of the Building Code and Fire Code.

(b) For purposes of calculating the maximum density for Group Housing as set forth in this Section 208, the number of Bedrooms on a lot shall in no case be considered to be less than one Bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each Bedroom, each two beds shall be considered equivalent to one Bedroom.

(c) The rules for calculating dwelling unit density set forth in Section 207 shall also apply in calculating the density limits for Group Housing.

(d) The group housing density in all RTO Districts and all NCT Districts, as listed in Section 702.1(b), shall not be limited by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Residential Design Guidelines in RTO Districts, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; 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. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; 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. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY

Division (a) and [former] Table 208 amended; Ord. 42-13 , Eff. 4/27/2013. Section header, undesignated introductory paragraph, and division (a) amended; Ord. 14-15 , Eff. 3/15/2015. Undesignated introductory paragraph and division (a) amended; former Table 208 deleted; division (b) amended; Ord. 22-15, Eff. 3/22/2015. Division (c) amended; Ord. 30-15 , Eff. 4/25/2015. Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Undesignated introductory paragraph amended; Ord. 129-17 ,, Eff. 7/30/2017. Undesignated introductory paragraph and division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (a) amended; Ord. 245-25, Eff. 1/12/2026.

The following statements of description and purpose outline the main functions of the Residential and ResidentialCommercial (Residential) Districts in the zoning plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code.

(a) Purpose. These Districts are established for purposes of implementing the Residence element and other elements of the General Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:

(1) Preservation, improvement and maintenance of the existing housing stock through protection of neighborhood environments and encouragement of sound ownership practices and rehabilitation efforts;

(2) Recognition and protection of the architectural characteristics and urban patterns of existing residential areas;

(3) Maximizing of housing choice by assuring the availability of quality owner and rental housing of various kinds, suitable for a whole range of household types, lifestyles and economic levels;

(4) Encouragement of residential development that will meet outstanding community needs, provide adequate indoor and outdoor spaces for its occupants, and relate well to the character and scale of existing neighborhoods and structures; and

(5) Promotion of balanced and convenient neighborhoods having appropriate public improvements and services, suitable nonresidential activities that are compatible with housing and meet the needs of residents, and other amenities that contribute to the livability of residential areas.

(b) Uses and Features Permitted in Residential and Residential-Commercial Districts. The uses and features permitted in Residential and Residential-Commercial Districts are listed in the Zoning Control Tables in Sections 209.1 through 209.4.

(Amended as Sec. 206 by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

(Former Sec. 209 added by Ord. 532-85, 1985; amended by Ord. 443-78, App. 10/6/78; Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Former Sec. 206 redesignated as Sec. 209; section header amended; undesignated introductory paragraph amended and portion thereof designated as current division (a); former divisions (a)-(e) redesignated as (a)(1)-(5); former undesignated concluding paragraph deleted; division (b) added; Ord. 22-15, Eff. 3/22/2015. Division (a)(2) amended; Ord. 245-25, Eff. 1/12/2026.

The following statements of description and purpose outline the main functions of the C (Commercial), M (Industrial), and PDR (Production, Distribution, and Repair) Districts in the Zoning Plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code. The emphasis, in the case of these districts, is upon the allocation of adequate areas in proper locations for the carrying on of business and industry to serve City, regional and national needs and provide San Francisco with a sound and growing economic base. (Amended by Ord. 136-68, App. 5/29/68; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008)

In order to preserve land and building space for light industrial activities, certain non-accessory Retail and Office Uses that exceed the square footage stated in the table below shall not be permitted in PDR-1-B and PDR-2 Districts. The use area shall be measured as the Occupied Floor Area of all retail or offices activities on a lot that have a (1) or (2) in the respective zoning district's use control column in Table 210.3 (Zoning Control Table for PDR Districts). Additionally, a cumulative use size maximum applies in PDR-1-B and PDR-2 Districts, such that the combined floor area of any and all uses permitted by Table 210.3 with a (1) or (2) in the respective zoning district’s use control column may not exceed the limits stated in the table below for any given lot. The size limits in this Section 210.3A shall not apply to uses permitted by Table 210.3 that do not have a (1) or (2) in the respective zoning district’s use control column.

These use size maximum limits shall not apply to accessory uses, as defined in Section 204.3 of this Code.

Table 210.3A

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 164-20, File No. 200852, App. 9/24/2020, Eff. 10/25/2020, Oper. 10/25/2020) AMENDMENT HISTORY

Section header added; Ord. 188-15 , Eff. 12/4/2015. First introductory paragraph amended; Ord. 164-2, Oper. 10/25/2020.

In order for a proposed project to receive a Conditional Use authorization for the provision of office space in landmark buildings in the PDR-1-D and PDR-1-G Districts:

• (a) The applicant must submit a Historic Structures Report (HSR) to the Planning Department.

• (1) The scope of the HSR will be developed in consultation with Planning Department Staff.

• (2) The HSR must be prepared by a licensed historic architect who meets the Secretary of the Interior's Professional Qualification Standards.

• (b) The Historic Preservation Commission shall review the HSR for the proposed project's ability to enhance the feasibility of preserving the building.

• (c) The Historic Preservation Commission shall review the proposal, including any proposed work related to the change in use, for its compliance with the Secretary of the Interior's Standards (36 C.F.R. § 67.7 (2001)).

(d) The Planning Commission shall consider the following Conditional Use criteria, in addition to the criteria set forth in Section 303(c) and (d):

(1) The Historic Preservation Commission's assessment of the proposed project's ability to enhance the feasibility of preserving the building;

• (2) The Historic Preservation Commission's assessment of the proposed project's compliance with the Secretary of the Interior's Standards;

• (3) The economic need for the improvements relative to preservation of the building;

• (4) The ability for the office tenants to be physically compatible with the PDR tenants;

• (5) The relocation strategy for any displaced PDR tenants; and

• (6) The impact of the proposed change on the surrounding community.

• (e) Vertical Controls. Office Uses approved under this Section shall comply with the Vertical Controls for Office Uses in Section 803.9.

(Added as Sec. 219.2 by Ord. 26-15 , File No. 140876, App. 3/6/2015, Eff. 4/5/2015; redesignated and amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section redesignated; section header amended; division (e) added; Ord. 188-15 , Eff. 12/4/2015.

(a) Purpose. The purpose of this provision is to support the increase in the overall stock of PDR space in the City. Despite consistent and growing demand for PDR space in San Francisco, the economics of building new PDR space are very challenging, even in PDR zoning districts where these uses do not compete for land with other more economicallyattractive uses. One way to make such development economically viable is to utilize the value of other non-residential space, such as office and institutional uses, to subsidize the construction of PDR space on properties that are largely vacant or substantially underutilized and that do not contain significant PDR space that would be demolished.

• (b) Geography. This provision applies to parcels that meet all of the following criteria:

• (1) Are located in either the PDR-1-D or PDR-1-G Districts;

• (2) Are located north of 20th Street;

• (3) Contain a floor area ratio of 0.3 gross floor area or less as of January 1, 2014; and

• (4) Are 20,000 square feet or larger.

• (c)1 Controls. The Planning Commission may permit, per the procedures described below in subsection (d), non-PDR uses on the subject lot pursuant to the following provisions:

• (1) At least one-third of the total Gross Floor Area developed on the parcel shall contain PDR Uses.

• (2) For purposes of this subsection (c), every square foot of Small Enterprise Workspace shall count as 0.5 square feet of PDR space and 0.5 square feet of non-PDR space as specified in subsection (c)(3) below.

• (3) The non-PDR space may contain one or a combination of the following uses:

• (A) Office Uses;

• (B) Institutional Uses, except for Hospitals; and/or

• (C) Gym use, as defined in Section 102; and/or

• (D) Any use otherwise Principally Permitted in the underlying PDR district.

• (4) Uses other than those listed in subsections (c)(2) and (c)(3) above, such as Retail, are subject to the controls of the underlying district.

• (5) No Residential Uses are permitted, even as part of an Institutional Use, except as allowed as Accessory Uses pursuant to Section 204.4.

• (6) The PDR space in any building must be served by:

• (A) Sufficient off-street loading, and

• (B) One or more freight elevators, in accordance with Planning Code Section 155(j).

• (7) The project shall meet the Transpor- tation Management Program requirements of Section 163(c) of the Planning Code.

(8) Accessory parking for Uses listed in subsection (c)(2) above may be permitted up to one space per each 1,500 square feet of Occupied Floor Area, and all such parking shall be subject to the pricing requirements of Section 155(g) of the Planning Code.

(9) The project sponsor must develop a "PDR Business Plan." The purpose of this PDR Business Plan is to maximize the potential for the project to produce new PDR space that is viable and affordable. The features of the PDR Business Plan should include, but are not limited to:

• (A) Overall strategy to incorporate PDR businesses, including specifying which kinds of PDR businesses are the target for the development;

• (B) A description of the kinds of non-PDR businesses intended for the site and a plan for how they will co-exist with the PDR businesses and any strategies required to achieve this balance;

• (C) A description of how the site's marketing and outreach plan will effectively target these same PDR businesses;

• (D) A description of how the development's design is suited to PDR businesses;

• (E) A description of the rent/purchase price proposed by the developer for the PDR spaces and the approach to keep these rents affordable to PDR tenants over time;

(F) A detailed overview of the workforce and hiring strategy for the PDR businesses on the site, as well as for the non-PDR businesses, including how the project sponsor will abide by City programs such as the First Source Hiring Program; how the project sponsor might utilize other local, State, and federal subsidized hiring programs such as work opportunity tax credits, Jobs Now!, Hire SF, and the California employment tax credit set forth in Chapter 93 of the California 2013-2014 legislative session; and how the project sponsor will inform its tenants about other relevant public programs; and,

• (G) A detailed community outreach plan, including a plan for engaging any specific community partners in the development, tenanting of the project, and ongoing management of the PDR portions of the property.

(10) The first Certificate of Occupancy for the PDR portion of the development must be issued by the Department of Building Inspection before or concurrently with the first Certificate of Occupancy for the non-PDR portion of the development unless the PDR and non-PDR portions are part of a single site or building permit.

(d) Referral to OEWD. Upon receiving an application for a project under this Section 210.3C, the Planning

Department shall inform the Director of the Office of Economic and Workforce Development (OEWD) or successor agency, so that OEWD may inform the project sponsor of existing programs and requirements relevant to PDR businesses, including any existing economic incentive and hiring programs.

(e) Approvals.

(1) All projects seeking entitlement pursuant to this Section 210.3C shall be required to receive a Conditional Use authorization, per Section 303 of the Planning Code. In evaluating a proposed authorization under this Section, the Planning Commission shall consider:

(A) The likely viability of the new PDR space created by the development, as influenced by such factors as the content of the project sponsor's PDR Business Plan, and whether the project sponsor has the commitments of established PDR tenants and/or a demonstrated relationship with organizations established in the PDR community.

(B) Whether the project is an appropriate location and intensity for the proposed non-PDR use, including but not limited to whether the location of non-PDR uses would be compatible with or disruptive to PDR uses on the site and in the vicinity, recognizing that PDR uses may generate noise, vibrations, odors, trucking activity, or other PDR-related operational characteristics.

(2) A Notice of Special Restriction (“NSR”) shall be recorded on the title of any property receiving approval under this Section 210.3C. Such NSR shall:

(A) Designate the PDR portion of parcel, building, and/or development;

(B) State that the proportion of Gross Floor Area on the site dedicated to PDR uses shall never be less than onethird of the total Gross Floor Area on the parcel, including any future building or use alterations or expansions;

(C) Require the property owner to submit an annual report to the Planning Department and OEWD, on or before January 31 of each year, starting in the year after the Department of Building Inspection issues the first Certificate of Occupancy that applies to the PDR portion of the development, describing the status of the implementation of its PDR Business Plan, identifying PDR tenants on the property during the prior year, describing the rents for the PDR portions of the property and any lease terms, and providing information on their respective square footages, number of employees, contact information for each tenant, a description of the business or industry characteristics of each business, and the PDR space vacancy on the parcel as of the date of each report;

(D) Provide the Planning Department with the ability to enforce the provisions of this Section; and,

(E) Restrict the ability of the non-PDR portion of the development from limiting the PDR portion from undertaking activities necessary to maintain PDR business operations in such matters as trucking and noise generation.

(f) Uses Established Under This Section. Notwithstanding any contrary provision of this Code, Office Uses established pursuant to this Section 210.3C shall be deemed Code-conforming uses after the expiration of this Section and such uses shall not constitute nonconforming uses under the provisions of Article 1.7.

(Added as Sec. 219.1 by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; amended by Ord. 105-17, File No. 170156, App. 5/26/2017, Eff. 6/25/2017; Ord. 145-18, File No. 180187, App. 6/27/2018, Eff. 7/28/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Division (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Section redesignated; divisions (c)(1), (c)(3)(A), (c)(3)(B), (e), and

(g) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)(3)–(c)(3)(B) and (c)(5) amended; division (c)(3)(C) added; Ord. 105-17, Eff. 6/25/2017. Divisions (c), (c)(2), (c)(4), (c)(6)(B), (c)(8), (c)(9)(E)-(F), (e)(2), (e)(2)(C), and (e)(2)(D) amended; former division (f) deleted; former division (g) redesignated as division (f); Ord. 145-18, Eff. 7/28/2018. Divisions (c)-(c)(2), (c)(3)(A)-(c)(5), (c)(8), (d), (e)(2), and (e)(2)(B) amended; Ord. 202-18, Eff. 9/10/2018. Division (c) (3)(C) amended; division (c)(3)(D) added; Ord. 111-21, Eff. 9/4/2021.

CODIFICATION NOTE

1. Ordinance 71-14 included erroneously duplicated language in divisions (b) and (c) of this section. For clarity, the City Attorney removed the duplicative text when the ordinance was codified.

(a) In addition to the use districts otherwise established by this Code, there shall also be in the City a Public Use District herein referred to as a "P District," to apply to land that is owned by a governmental agency and in some form of public use, including open space.

(b) The purpose of designating such land as a P District on the Zoning Map is to relate the Zoning Map to actual land use and to the General Plan with respect to such land. Any lot in a P District may be occupied by a principal use listed in Section 211.1, or by a conditional use listed in Section 211.2, subject to applicable regulations of this Code. Principal uses not identified under Sections 211.1 or 211.2 of this Code are not permitted in any P District.

(Amended as Sec. 234 by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 80-14 , File No. 140062, App. 6/13/2014, Eff. 7/13/2014; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY

Section amended; Ord. 80-14 , Eff. 7/13/2014. Section redesignated; division (b) amended; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015. Division (b) amended; Ord. 188-15 , Eff. 12/4/2015.

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 297-10, File No. 101351, App. 12/3/2010; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; 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; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 99-08, File No. 080339, App. 6/11/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 47-92, App. 2/14/92; Ord. 99-08, File No. 080339, App. 6/11/2008; 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. 14-15 , File No. 141210, App. 2/13/2015, Eff. 3/15/2015; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 225-06, File No. 060032, Effective without the signature of the Mayor; Ord. 225-07, File No. 070677, App. 10/2/2007; Ord. 90-08, File No. 080232, App. 5/21/2008; Ord. 99-08, File No. 080339, App. 6/11/2008; 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. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 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. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; 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. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22- 15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 3-79, App. 1/5/79; Ord. 115-90, App. 4/6/90; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 29808, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22- 15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 239-69, App. 7/29/69; Ord. 357-95, App. 11/15/95; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 282-08, File No. 081058, App. 12/5/2008; 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. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 15-98, App. 1/16/98; Ord. 112-98, App. 4/2/98; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 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. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Added by Ord. 288-91, App. 7/22/91; amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012; redesignated as Sec. 202.5 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) SEC. 228.1. [REDESIGNATED.]

(Added by Ord. 288-91, App. 7/22/91; redesignated as Sec. 228(b) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

(Added by Ord. 420-97, App. 11/7/97; redesignated as Sec. 202.2(b) and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Added as Sec. 231A by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 and amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; redesignated as Sec. 202.7 and amended; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(a) Purpose. Corner stores enhance and support the character and traditional pattern of development in San Francisco. These small neighborhood-oriented establishments provide convenience goods and services on a retail basis to meet the

frequent and recurring needs of neighborhood residents within a short walking distance of their homes. These uses tend to be small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby streets and properties. These uses are permitted only on the ground floor of corner buildings, and their intensity and operating hours are limited to ensure compatibility with the predominantly residential character of the district. Accessory off-street parking is prohibited for these uses to maintain the local neighborhood walk-in character of the uses.

• (b) Location. Uses permitted under this sSection2 231 must be located:

• (1) completely within an RH, RTO-1, RTO-M, or RM District;

• (2) on or below the ground floor;

(3) in RH, RM-1, RM-2, RTO-1, and RTO-M Districts, on a Corner Lot, with no part of the use extending more than

50 feet in depth from said corner, as illustrated in Figure 231;

(4) in a space that would not require the Residential Conversion of a Residential Unit or Unauthorized Unit under Planning Code Section 317, unless the space proposed for conversion is occupied by a garage or storage space located in the Basement or First Story; and

Figure 231.

Limitations on Corner Retail in RTO and RM Districts

(5) in RM-3, RM-4, and RTO-M Districts, on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner.

(c) Permitted Uses. Any use is permitted which complies with the use limitations for the First Story and below of a Neighborhood Commercial District or Special Use District within one-quarter mile of the use, or if the use is more than one-quarter mile from the nearest NCD or SUD, an NC-1 District, as set forth in Section 710 of this Code.

(d) Use Size. In any RH, RM-1, or RM-2 District, the use size shall comply with the use size limitations of a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 1,200 square feet of Occupied Floor Area of commercial area. In any RM-3 or RM-4 District, the use size shall comply with the use size limitations of a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 2,500 square feet of Commercial Use. No more than 1,200 square feet of Occupied Floor Area of commercial area in a RTO-1 District or in a RH, RM-1, or RM-2 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District, and no more than 2,500 occupied square feet of Commercial Use in a RTO-M District or in a RM-3 or RM-4 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District shall be allowed per Corner Lot, subject to the following exception. On lots which occupy more than one corner on a given block, an additional 1,200 square feet of Occupied Floor Area of Commercial Use shall be allowed per additional corner, so long as the commercial space is distributed equitably throughout appropriate parts of the parcel or project.

(e) Formula Retail Uses. All uses meeting the definition of “formula retail” use per Section 303.1 shall not be permitted except by Conditional Use through the procedures of Section 303 for RTO and RTO-M Districts and shall not be permitted in RH and RM Districts.

(f) Parking. No accessory parking shall be permitted for uses permitted under this Section.

(g) Operating Hours. The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m.

(h) Conditions. Any uses described above shall meet all of the following conditions:

(1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood;

(2) Any signs on the property shall comply with the requirements of Section 606 of this Code;

(3) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants and other public features;

(4) Noise, odors and other nuisance factors shall be adequately controlled; and

• (5) The use shall comply with all other applicable provisions of this Code.

(i) Street Frontage. In addition to the street frontage requirements of Section 144, the following provisions of Section 145.1 shall apply to the street frontage dedicated to limited commercial uses permitted by this section: active uses per Section 145.1(c)(3); transparency and fenestration per Section 145.1(c)(6); and grates, railing, and grillework per Section 145.1(c)(7).

(j) Awnings. Awnings are permitted, subject to the standards in Section 136.1(a) of this Code. Canopies and marquees are not permitted.

(k) Outdoor Activity Area. An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO-1 and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by 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. 174-12 , File No. 120715, App. 8/2/2012, Eff. 9/1/2012; Ord. 231-12 , File No. 121033, App. 11/14/2012, Eff. 12/14/2012; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Section header, divisions (a) and (b)(1), Fig. 231 caption amended; divisions (i) and (j) added; Ord. 63-11, Eff. 5/7/2011. Division (b)(3) amended; Fig. 231 relocated; division (b)(4) added; divisions (d), (h)(2), and (j) amended; Ord. 174-12 , Eff. 9/1/2012. Divisions (b)(3), (b)(4), and (d) amended; Ord. 231-12 , Eff. 12/14/2012. Reference amended in division (e); Ord. 235-14 , Eff. 12/26/2014. Divisions (b)(3), (b)(4), (c), and (d) amended; Ord. 129-17, Eff. 7/30/2017. Division (c) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Section header and divisions (a), (b)(1)-(3), (d), and (e) amended; division (b)(4) redesignated as (b)(5); new division (b)(4) added; Ord. 249-23, Eff. 1/14/2024. Divisions (c), (d), and (e) amended; division (k) added; Ord. 85-24, Eff. 5/27/2024. Section header and divisions (b), (b)(1), (b)(3)-(4), (d), (e), and (k) amended; Ord. 245-25, Eff. 1/12/2026.

CODIFICATION NOTE

1. So in Ord. 245-25.

SEC. 231A. [REDESIGNATED.]

(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011)

(Added by Ord. 412-88, App. 9/10/88; amended by Ord. 115-90, App. 4/6/90; Ord. 56-02, File No. 012127, App. 4/29/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 202.6 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 80-14 , File No. 140062, App. 6/13/2014, Eff. 7/13/2014; redesignated as Sec. 211 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

In addition to the use districts that are established by Section 201 of this Code, there shall also be in the City such special use districts as are established in this Section and Sections 236 through 249.99 in order to carry out further the purposes of this Code. The designations, locations, and boundaries of these special use districts shall be as provided in Sections 236 through 249.99 and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. In any special use district the provisions of the applicable use district established by Section 201 shall prevail, except as specifically provided in Sections 236 through 249.99.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; 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. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Section amended; Ord. 42-13 , Eff. 4/27/2013. Section amended; Ord. 56-13 , Eff. 4/27/2013. Section amended; Ord. 7023, Eff. 6/3/2023.

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; repealed by Ord. 167-07, File No. 070681, App. 7/20/2007)

In order to provide for a major automotive area with a citywide and regional market, there shall be an Automotive Special Use District as designated on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within such special use district:

Wholesaling of automotive parts and any Automotive Use, as defined in Section 102 of this Code when connected with and incidental to the sale of new or used automobiles, shall be permitted as principal uses. In addition, any Automotive Use that is not connected with and incidental to the sale of automobiles, and not otherwise permitted, may be permitted as a conditional use by the Planning Commission under Section 303 of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 154-88, App. 4/7/88; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Undesignated first paragraph amended; designation of former division (a) deleted and paragraph amended; Ord. 22-15, Eff. 3/22/2015.

In order to provide for an established area with a unique combination of uses and a special identity, there shall be a Nob Hill Special Use District as designated on Sectional Map No. SU01 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within such special use district:

(a) A Hotel, as defined in Section 102 of this Code, may be permitted by the Planning Commission as a Conditional Use under Section 303 of this Code.

(b) In connection with any permitted Principal Use or Conditional Use located in such Special Use District, incidental Commercial Uses Commercial Uses may be permitted by the Planning Commission as a Conditional Use under Section 303033 of this Code, if designed primarily for occupants of and visitors to the use to which they are incidental, accessible to the general public only from within the building, and not identified outside the building by means of any sign or signs. (c) A Private Community Facility as defined in Section 102 of this Code, and that is not operated as a gainful (forprofit) business may be permitted by the Planning Commission as a Conditional Use under Section 303 of this Code.

(d) Eating and Drinking uses as defined in Section 102 of this Code may be permitted by the Planning Commission as a Conditional Use under Section 303 of this Code, except that Limited Restaurant uses as defined in Section 102 of this Code shall be permitted as Principal Uses and any Eating and Drinking uses that are also defined as Formula Retail are not permitted. The limitations on design, accessibility, and identification set forth in subsection (b) above shall not apply to such uses hereby permitted.

(e) Arts Activities uses as defined in Section 102 of this Code shall be principally permitted on the first floor and as a Conditional Use under Section 303 of this Code on the second floor and above.

(f) Signage for Principal Uses or for Eating and Drinking uses within the Nob Hill Special Use District shall be limited as per Section 606 of this Code, with the exception that projecting Signs in the form of sign copy on Canopies and Awnings shall be permitted for Eating and Drinking uses in lieu of Wall Signs unless otherwise limited as a condition of approval of a Conditional Use authorization.

(g) An existing Retail Professional Service, as defined in Section 102 of this Code, that has operated without the benefit of a permit prior to June 17, 2025, may be principally permitted and allowed to expand into another commercial space within the same structure. Such use shall not be required to be incidental to a Principal or Conditionally Permitted use on the site. Additionally, such use shall be exempt from the signage and public access restrictions of this SUD.

(h) The various uses provided for in Subsections 238(a) through 238(f) above are not permitted in any portion of a building that is devoted to a Dwelling Unit or to Group Housing as defined in Section 102 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 329-91, App. 9/11/91; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025)

AMENDMENT HISTORY

Divisions (a), (c), (d), and (f) amended; former division (g) deleted; Ord. 22-15, Eff. 3/22/2015. Divisions (a)-(d) amended; former divisions (e)-(f) redesignated as (f) and (h) and amended; new divisions (e) and (g) added; Ord. 217-25, Eff. 12/15/2025.

In order to provide for certain areas with special traffic and parking considerations, many existing buildings of small scale and established character that have been and will be retained and converted, and certain wholesaling activities carried on with distinct benefit to the City, there shall be a Washington-Broadway Special Use District, as designated on Sectional Map No. SU01 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply:

(a) Drive-up Facilities. Drive-up Facilities, as defined in Section 102 of this Code, are not permitted.

(b) Parking Lots. A Public Auto Parking Lot, or a Public Auto Parking Garage, shall not be permitted as a permanent use. A Public Auto Parking Lot may be permitted as a temporary use for up to five years only upon approval by the

Planning Commission as a conditional use under Section 303 of this Code.

(c) Parking Pricing. The parking pricing requirements of Section 155(g) shall apply within the district. (Amended by Ord. 443-78, App. 10/6/78; 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. 311-18 , File No. 181028, App. 12/21/2018, Eff. 1/21/2019) AMENDMENT HISTORY

Introductory paragraph and divisions (a) through (d) amended; Ord. 232-14 , Eff. 12/26/2014. Divisions (b) and (c) amended; Ord. 22-15, Eff. 3/22/2015. Former division (a) deleted; former divisions (b)-(d) redesignated as divisions (a)(c); Ord. 311-18, Eff. 1/21/2019.

(a) Purpose. In order to provide for certain areas with unique natural and man-made physical characteristics, distinct historic and maritime character, special traffic, parking, and use considerations, recognized development potential, and proximity to residential, public, and commercial areas of regional, national, and international significance which should be protected from adverse adjacent development, there shall be four Waterfront Special Use Districts, Numbers 1, 2, 3, and 4, as designated on Sectional Maps No. 1 SU, 8 SU, and 9 SU* of the Zoning Map. The original copy of said Sectional Maps with these Special Use Districts indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 17170-4, pursuant to Ordinance No. 131-70 and subsequent amendments thereto. The provisions set forth in Sections 240.1 through 240.4 shall apply, respectively, within these Special Use Districts, and shall be applicable to all property, whether public or private, including property under the jurisdiction of the San Francisco Port Commission.

(b) State and Regional Land Use Controls. Much of the property within Waterfront Special Use District Numbers 1, 3, and 4 is subject to land use controls in addition to those set forth in this Code. Most of the land under the jurisdiction of the Port Commission is public trust land and is subject to use limitations as provided in California Statutes of 1968, Chapter 1333, as amended (the “Burton Act”) and the San Francisco Charter. In the event of a conflict between the provisions of the Burton Act and this Code, the State legislation prevails. A portion of the property under the Port Commission’s jurisdiction is further subject to use limitations as provided in the California Government Code, Sections 66600 et seq. (the “McAteer-Petris Act”). The San Francisco Bay Conservation and Development Commission is responsible for implementing the provisions of the McAteer-Petris Act. Other property within these Waterfront Special Use Districts is subject to redevelopment plans adopted by the Board of Supervisors.

(c) Waterfront Design Review Process.

(1) In order to best achieve the public objectives that have been established in law and policy for the property under the jurisdiction of the Port Commission, a waterfront design review process is hereby established to review the urban design of new development on certain land under the Port Commission’s jurisdiction within Waterfront Special Use Districts Numbers 1, 3, and 4, consistent with applicable provisions of the Port’s Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, as provided below. The purpose of the waterfront design review process is to identify and integrate the State, regional, and local objectives pertaining to the urban design of major, non-maritime development projects and proposed uses in order to optimize the public enjoyment and beneficial use of this public trust resource.

(2) The Port shall hold a public hearing on a proposed project and make design recommendations to ensure that the urban design of the proposed project is consistent with applicable provisions of the Waterfront Plan’s urban design, historic preservation, and public access goals, policies, and objectives.

(3) The Port shall transmit design recommendations for proposed projects to the Planning Department and to the Bay Conservation and Development Commission for proposed projects within BCDC’s jurisdiction, for consideration by those agencies prior to any action on the project.

(A) For a project that is permitted as a Principal Use, the Planning Commission may, by majority vote within 14 days of receipt of the design recommendations, make a determination to review the design recommendations. If the item

cannot be calendared for Planning Commission consideration within that period due to a canceled meeting, the Commission may consider whether to review the design recommendations at its next available meeting. If the Planning Commission requests review, it shall conduct a public hearing on the matter within 14 days following its determination to review the design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission. The Planning Commission, by majority vote, may adopt, amend, or reject the design recommendations of the Port, subject to the same standards and criteria provided in subsection (c)(2) above.

If the Port Commission accepts the design recommendations of the Port or of the Planning Commission, the Port Commission shall incorporate the design recommendations into the Port action on the project.

If the Port Commission objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth above, the Port Commission may appeal the design recommendations to the Board of Supervisors pursuant to the procedures set forth in Section 308.1 of this Code and in Charter Section 4.105 for appeals of Conditional Uses. The Board of Supervisors may disapprove the decision of the Commission by a vote of not less than two-thirds of the members of the Board.

(d) A project within a Waterfront Special Use District shall be reviewed under the standards set forth in Sections 240.1 through 240.4 for the Waterfront Special Use District within which boundaries it is located, and shall not be considered, for review purposes under this Code, as including or being part of a project within an adjoining Waterfront Special Use District, notwithstanding the timing of development, the physical proximity or type of uses associated with any other such projects, or the applicant or other person or agency initiating the action.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

AMENDMENT HISTORY

Division (c)(8)(A) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b), (c)(1)-(3), and (d) amended; division (c)(5) deleted; divisions (c)(6)- (8) redesignated as (c)(5)-(7) and amended; Ord. 157-23, Eff. 8/28/2023. Divisions (c)(2), (3), (4), (6), and (7)(B), and the second undesignated paragraph under (c)(7)(A) deleted; divisions (c)(5) and (c)(7)-(c)(7)(A) and first subsequent undesignated paragraph amended and redesignated as (c)(2) and (c)(3)-(c)(3)(A) and first undesignated paragraph; Ord. 99-26, Eff. 6/29/2026.

(See Interpretations related to this Section.)

In order to preserve and provide for an established area with a unique character and balance of built and natural environment, with public and private view corridors and panoramas, to conserve existing buildings, plant materials and planted spaces, to prevent unreasonable obstruction of view and light by buildings or plant materials, and to encourage development in context and scale with established character and landscape, there shall be a Dolores Heights Special Use District as designated on Sectional Map No. SU07 of the Zoning Map of the City and County of San Francisco. In this District, all provisions of the Planning Code applicable in RH-1 Districts shall continue to apply except that rear yard and height limit provisions of this Section 241 shall be substituted for rear yard and height limit provisions found elsewhere in this Code.

(a) The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot on which building is situated, but in no case shall the rear yard be less than 25 feet deep.

(b) No portion of a building shall exceed a height of 35 feet above the existing grade of the lot, with the intent that the building shall be contained within an envelope that slopes upward or downward with the slope of the property. The "height of a building" for purposes of this Section shall be measured in the manner described in Section 260 of this Code, whether the lot being measured slopes upward or downward from the street.

(c) Variances may be granted from the rear yard and height limit provisions in Paragraphs (a) and (b) above in accordance with procedures specified in Section 305 of this Code provided that no such variance shall permit a building to have a height in excess of that otherwise permitted in an RH-1 District.

(Added by Ord. 286-80, App. 6/17/80; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY

Division (b) amended; Ord. 22-15, Eff. 3/22/2015.

(See Interpretations related to this Section.)

(a) General. A Special Use District entitled the Bernal Heights Special Use District, the boundaries of which are shown on Sectional Map. Nos. 7SU, 8SU, and 11SU of the Zoning Map, is hereby established for the purposes set forth below. (b) Purposes. In order to reflect the special characteristics and hillside topography of an area of the City that has a collection of older buildings situated on lots generally smaller than the lot patterns in other low-density areas of the City,

and to encourage development in context and scale with the established character, there shall be a Bernal Heights Special Use District.

(c) The provisions of this Section 242 shall not apply to building permit applications or amendments thereto, or to conditional use, variance or environmental evaluation applications filed on or before January 7, 1991. Such applications shall be governed by the ordinances in effect on January 7, 1991, unless the applicant requests in writing that an application be governed by the provisions of this Section 242.

(d) Definitions. For purposes of this Section 242, the following definitions apply:

(1) "Adjacent building" shall mean a building on a lot adjoining the subject lot along a side lot line. Where the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the street or alley, such nearest building shall be deemed to be an "adjacent building," but a building on a lot so separated for a greater distance shall not be deemed to be an "adjacent building." A corner lot shall have only one adjacent building located along its side lot line.

(2) "Usable floor area" is the sum of the gross areas of the several floors of a building, measured from the exterior walls or from the center lines of common walls separating two buildings. "Usable floor area" shall not include that floor area devoted to off-street parking or any space or area which is not readily accessible and which has not more than five feet vertical clearance at any point.

(e) Controls. All provisions of the Planning Code applicable to an RH-1, RH-1(S), RH-2, and RH-3 District shall apply to applicable portions of the Special Use District except as otherwise provided in this Section 242.

(1) Height Limits. No portion of a dwelling in any portion of this district shall exceed a height of 30 feet except as provided below. Notwithstanding the prior sentence, the heights limits in this subsection (e)(1) shall not apply to building permits for structures erected on Lots 055, 056, and 057 in Block 5526 approved before January 8, 2020.

(A) The height of a dwelling on a downslope lot shall not exceed 30 feet above grade, subject to averaging or offset by an equal height reduction. Any portion of a dwelling exceeding a height of 30 feet must be offset by at least an equal amount of dwelling having a height of less than 30 feet, provided that the maximum height above grade at any point cannot exceed 40 feet, and the rearmost eight feet of length cannot exceed 32 feet above grade.

(B) The height of a dwelling on an upslope lot shall not exceed 30 feet above grade, with no averaging or stepping over the 30 feet limit, and no part of the dwelling, unless otherwise permitted by this Section, may be higher than 38 feet above curb level, except if the rear of the lot is 30 feet or more higher than the front grade, the rear half of the dwelling may go up to 43 feet above curb level.

(C) The height of a dwelling in an RH-2 or RH-3 lot may exceed the limits described above based upon the average height of the adjacent buildings.

(D) Except for vertical-axis wind-powered electrical generators with a horizontal diameter not exceeding three feet, chimneys, and nonparabolic radio and television antennas, nothing otherwise permitted by Section 260(b) of this Code may extend above the additional height limit established in this Code section by more than 42 inches. Furthermore, all such wind-powered electrical generators must avoid significant impacts to wildlife.

(E) Wireless Telecommunications Services Facilities on a dwelling may exceed the 30-foot height limitation contained in this Subsection (e)(1).

(2) Rear Yards. The requirements applicable to rear yards are as follows:

(A) RH-1 and RH-1(S). For lots which have a depth of 70 feet or less, the minimum rear yard depth shall be equal to 35 percent of the total depth of the lot on which the building is located. Buildings on lots which have a depth greater than 70 feet may not be deeper than 45.5 feet measured from the front property line; the remainder of the lot shall be used for rear yard.

(B) RH-2 and RH-3. The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot in which the building is located.

(C) All Lots. The following provisions relating to rear yards shall apply to all lots in the Special Use District:

(i) A building may intrude into the required rear yard up to the extent that an adjacent building intrudes, provided the intrusion is no wider than half of the width of the lot, and 25 percent of the total lot depth is provided as rear yard open space. The intrusion must be placed in a manner that the Zoning Administrator finds will provide optimal light and air to the subject and adjacent properties. The coverage resulting from the intrusion must be offset by otherwise permitted coverage in the rear of the subject property.

(ii) Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the rear yard requirements.

(iii) No part of any building may be within 25 percent or 15 feet, whichever is greater, of the rear property line. (iv) Those obstructions into rear yards otherwise permitted by Section 136(c)(2), (3), and (25) of this Code shall not be permitted. In addition to the obstructions permitted in Section 136(c), improvements may be constructed underneath a room or deck located in the rear yard area if said room or deck is otherwise permitted pursuant to Section 136(c) and was constructed pursuant to a building permit issued prior to December 11, 1987. In those instances, the Zoning Administrator may place appropriate conditions on the approval of the building permit to protect the light, air and view of the adjacent properties.

(3) Mass Reduction Requirement for RH-1 and RH-1(S) Buildings. After calculation of the maximum permissible height and lot coverage in an RH-1 or RH-1(S) District, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. On lots that exceed 100 feet in depth, the mass reduction shall be a minimum of 400 square feet of usable floor area. Any area to be deleted must have a minimum clearance of three feet from the side property line. The reduction must be taken from the front, the rear, or the top of the building above grade; however, such reduction along the side of the property line will be allowed under this section so that adjacent properties will benefit from the provision of greater light and air or the reduction of shadows. Where an area to be deleted is along the side property line and is in the form of an inner court, the inner court shall have a minimum area of 90 square feet.

(4) Curb Cuts and Garage Door Width. The maximum width of curb cuts allowed for new construction shall be 10 feet; the maximum width of a garage door opening shall be 12 feet.

(5) Design. In addition to meeting applicable standards provided in this Section 242 and elsewhere in this Code, residential development subject to this Section 242 shall be subject to the review and notification procedures provided by Section 311(c) of this Code. Requests for Planning Commission review shall be governed by Subsection 311(d) of this Code. In addition to applicable guidelines cited by Section 311, the Elsie Street Plan and the East Slope Building Guidelines shall be used as guidelines to determine neighborhood compatibility of new construction and alterations in the respective areas covered by those guidelines.

(6) Demolition.

(A) Demolition Generally Prohibited. Other than as specified in this subsection, no demolition permit for structures containing one or more residential units may be approved unless:

(i) The Superintendent of the Bureau of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation to the extent feasible with the Department of Planning, that an imminent safety hazard exists and the Superintendent determines that demolition of the structure is the only feasible means to secure the public safety; or

(ii) The structure is under an abatement order and the Superintendent of the Bureau of Building Inspection determines, after consultation with the Department of Planning and the San Francisco Fire Department, that repairs rendering the structure safe and habitable as defined in the San Francisco Housing Code would cost 50 percent or more of the cost to replace the structure pursuant to the standards published periodically by the Superintendent. An owner's deliberate damage, in the opinion of the Superintendent of the Bureau of Building Inspection, to the property or failure to maintain it shall not be included in the calculation of replacement costs; or

(iii) The Department determines, based on facts presented, that the structure proposed to be demolished retains no substantial remaining value or reasonable use.

(B) Demolition of Historic or Architecturally Significant Residential Buildings. Unless demolition is approved pursuant to Subsections (A)(i) or (A)(iii) above, no demolition permit may be approved for a residential building (1) which is a designated landmark or contributing building in an historic district; or (2) which the Landmarks Preservation Advisory Board determines is qualified to be designated as a landmark or contributing building in an historic district under the standards of Article 10 of this Code; or (3) is recommended by the Department of Planning for historic designation under Article 10 of this Code.

(C) Replacement Structure Required. Unless demolition is approved pursuant to Subsection (A)(i) or (A)(iii) above, no application authorizing the demolition of a residential building within the scope of this Section shall be approved until the City has finally approved a building permit for construction of the replacement building which meets the requirements of this ordinance. A building permit is finally approved if the Board of Permit Appeals has taken final action 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.

(i) This Section shall not apply to the demolition of a second structure on a single lot that (1) does not exceed 500 square feet, (2) meets the requirements of Subsection (A)(ii) above, and (3) is not a historic residential building under Subsection (B) above.

(f) Additional Controls Applicable to Bernal South Slope.

(1) The "Bernal South Slope" shall mean the undeveloped lots within the south slope area of the Bernal Heights Special Use District consisting of: Block 5810, lots 016, 017, and 020 to 023; Block 5811, lots 023 to 028; Block 5825, lots 007 to 015; Block 5826, lots 002, 003, 005 to 011, and 013 to 016; Block 5827, lots 007 to 011 and 016 to 022; and Block 5828, lots 004 to 010.

(2) The controls set forth in this subsection (f) shall be in addition to the general requirements of Section 242.

(3) All new development in the Bernal South Slope shall require a conditional use authorization pursuant to this subsection and the requirements set forth in Article 3 of the Planning Code. The Planning Commission shall only approve an application for a conditional use authorization if facts are presented to establish that the proposed development would not harm the public health, safety, or welfare of the Bernal South Slope and surrounding areas, considering the following criteria:

(A) The applicant has designed the development in accordance with best practices for construction and development on steep slopes, as applicable, including measures to address liquefaction and slope stability issues presented by the steep grades in Bernal South Slope, and as documented in writing by the Department of Building Inspection;

(B) The development would not undermine the visual integrity of the Bernal South Slope by, for example, deviating in a substantial manner from the City's established pattern of street-orientation and alignment. Bernal's neighborhood streets typically are not contoured, with streets running parallel to the hillside, but instead are grid-based. Where reasonably possible, new buildings should be accessed from public streets rather than extended private drives;

(C) The design of the development would not interfere with the proposed integration of Alemany Public Housing with the South Bernal neighborhood (e.g., through construction of large retaining walls) and, to the extent feasible, promotes connections at the hill base that are consistent with the proposed redesign of Alemany Public Housing;

(D) The development and construction-related activities in the Bernal South Slope will not meaningfully hinder impact emergency vehicle access and emergency response times or weaken fire protection capabilities in the area (e.g., fire hydrant access or water pressure), as determined through applicant consultation with the San Francisco Fire Department, and as documented in writing by the San Francisco Fire Department;

(E) The development will not degrade the health and cleanliness of the neighborhood by, for example, providing inadequate access for City sanitation services such as garbage collection and street sweeping, as determined through applicant consultation with the Department of Public Works, and as documented in writing by the Department of Public Works;

(F) The development promotes the City's open space policies, and incorporates community input regarding public use of unimproved rights-of-way (e.g., by avoiding or offsetting potential impacts to existing open space such as the

Moultrie Street Children's Community Garden);

(G) The development will not substantially impact neighborhood parking availability;

(H) The development will not substantially contribute to an increase in traffic congestion in Bernal South Slope, including along Crescent Street and the intersection of St. Mary's and Mission Street; and

(I) The development will not undermine pedestrian safety or result in dangerous traffic conditions (e.g., increasing double parking and reducing turn around zones) that place residents and pedestrians at risk.

(J) The Planning Commission shall evaluate the foregoing criteria with regard to both to a development's individual impacts and the development's impacts in combination with the current and proposed development of the Bernal South Slope.

(Added by Ord. 32-91, App. 1/25/91; amended by Ord. 145-00, File No. 000796, App. 6/16/2000; Ord. 247-07, File No. 070947, App. 10/29/2007; Ord. 294-08, File No. 081247; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff.

5/5/2024)

AMENDMENT HISTORY

Division (e)(1)(E) added; Ord. 166-16 , Eff. 9/10/2016. Divisions (e)(4)-(e)(4)(B)(ii) deleted; former divisions (e)(5)-(7) redesignated as divisions (e)(4)-(6); current division (e)(5) amended; Ord. 311-18, Eff. 1/21/2019. Divisions (e) -(e)(1) amended; Ord. 68-24, Eff. 5/5/2024.

(See Interpretations related to this Section.)

(a) General. A Special Use District entitled the Van Ness Special Use District, the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below.

(b) Purposes. In order to implement the objectives and policies of the Van Ness Avenue Area Plan, a part of the General Plan, which includes (1) creation of a mix of residential and commercial uses on the boulevard, (2) preservation and enhancement of the pedestrian environment, (3) encouragement of the retention and appropriate alteration of architecturally and historically significant and contributory buildings, (4) conservation of the existing housing stock, (5) enhancement of the visual and urban design quality of the street, and (6) the establishment of an area appropriate for a medical center use (the "Van Ness Medical Use Subdistrict") to support citywide and regional health care at the transit nexus of Van Ness Avenue and Geary Boulevard, the following controls are imposed in the Van Ness Special Use District. (c) Controls. All provisions of the Planning Code applicable to an RC-4 District shall apply except as otherwise provided in this Section 243.

(1) Basic Floor Area Ratio. The basic floor area ratio limit shall be 7.0 to 1 in the 130-foot height district and at the hospital site within the Van Ness Medical Use Subdistrict, and 4.8:1 in the 80-foot height district. These limits shall apply to dwellings notwithstanding Section 124(b) of this Code, including floor space used for nonaccessory off-street parking, driveways, and maneuvering areas. The floor area ratio may be increased to up to 7.5:1 for a medical office building if located within the Van Ness Medical Use Subdistrict. For definitions of Floor Area Ratio and Gross Floor Area, see Section 102. The provisions allowing a floor area premium set forth in Section 125(a) shall not apply in the Van Ness Special Use District.

(2) Housing Density. The restrictions on density set forth in the Zoning Control Tables shall not apply.

(3) Height and Bulk Restrictions. See Height and Bulk Map No. HT02. See Section 270 of this Code for bulk limits. However, medical centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for bulk limits per Sections 270 and 271(c)(2) shall be permitted to exceed such standards to allow for unique massing and volume required for medical facilities, if authorized as a Conditional Use pursuant to Section 303 of this Code, in lieu of findings otherwise required under Section 271 of this Code.

(4) Awnings, Canopies, and Marquees. Medical centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for awnings per Section 136.1 of this Code shall be permitted to exceed such standards to allow for coverage of patient drop-off and entry areas.

(5) Medical Centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for obstructions over streets or alleys per Section 136(c)(1)(B) of this Code shall be permitted to exceed such standards for vertical dimensions and horizontal projections for architectural features to provide visual interest, achieve appropriate articulation of building façades, and reduce pedestrian level wind currents.

(6) Rear Yards. The requirements of this Code applicable to rear yards may be modified or waived by the Zoning Administrator pursuant to Section 307(g) if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of abutting properties will not be adversely affected; and

(B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to residents; and

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

This provision shall be administered pursuant to the procedures that are applicable to variances, as set forth in Sections 306.1 through 306.5 and 308.2 of this Code.

(7) Required Setbacks. Setbacks for buildings exceeding a height of 50 feet shall be regulated as provided in Section 253.2 of this Code.

(8) Limitation of Nonresidential Uses.

(A) Residential Uses; Ratio Established. In newly constructed structures, nonresidential uses shall only be permitted if the ratio between the amount of net additional occupied floor area for residential uses, as defined in this paragraph below, to the amount of occupied floor area for nonresidential uses in excess of the occupied floor area of structures existing on the site at the time the project is approved is 3 to 1 or greater. In additions to existing structures that exceed 20% of the gross floor area of the existing structure, nonresidential uses shall be permitted in the addition in excess of 20% only if the ratio between the amount of occupied floor area for residential use, as defined in this paragraph below, to the area of occupied floor area for nonresidential use is 3 to 1 or greater. This residential use ratio shall not apply to (i) development sites in the Van Ness Special Use District that have less than 60 feet of street frontage on Van Ness Avenue and have no street frontage other than the Van Ness Avenue frontage, or (ii) development consisting of new construction proposed for an Institutional Community Use at 1750 Van Ness Avenue, Assessor’s Parcel Block 0622, Lot 019. For purposes of this Section, “nonresidential uses” shall mean any use not defined as a Residential Use in Section 102 and principally or conditionally permitted in the Van Ness Special Use District.

(B) Reduction of Ratio of Residential Uses for Affordable Housing. The Planning Commission may modify the Van Ness Special Use District residential to nonresidential use ratio between Golden Gate Avenue and California Street as a conditional use in one of the following ways:

(i) In-Lieu Fee. By conditional use, the developer may elect to fulfill the obligation to build housing by paying an in-lieu fee to the Affordable Housing Fund as provided in Section 413 of this Code. No more than a 50 percent reduction of the required housing for a specific project can be fulfilled by paying an in-lieu fee. Use of these funds shall provide affordable housing within 2,000 feet of the Van Ness Special Use District. The in-lieu fee shall be determined by the following formula:

(1) (Lot Area × FAR)/4) × 3 = Residential SQ. FT. Requirement

(2) Residential SQ. FT. Requirement - Residential SQ. FT. Developed = LOSS

• (3) LOSS × $15 = In-Lieu Fee

(ii) Providing Affordable Housing. By conditional use, the developer may reduce up to 50 percent of the

required amount of on-site housing by maintaining a portion of that housing as permanently affordable for the life of the project. Affordable units shall be managed by a nonprofit housing agency through a duly executed agreement between the project sponsor, the nonprofit agency, and the Planning Department. The mix of affordable units retained in the project

shall conform to the overall dwelling unit size mix of the project. The portion of retained residential that shall be affordable will be determined by calculating the number of market rate units that could be subsidized by the amount of "in-lieu fee" calculated in Paragraph (i) above. The number of square feet of affordable housing shall be calculated in the following manner:

(1) In-Lieu Fee / $30/square foot subsidy = Square Feet of Affordable Housing Retained in the Project

(iii) Annual Reporting, Evaluation, and Adjustments to Affordability and Fee Calculations. The Department shall report annually to the Planning Commission on the activity and utilization of Section 243(c)(8)(B). Based on an evaluation of this report, the Planning Commission may initiate a modification or deletion of Section 243(c)(8)(B). The dollar amounts used in the calculation for Paragraphs (i) and (ii) of this Subsection shall be subject to annual adjustments in accord with Section 409 of this Code. Affordability shall be defined by rents or sale prices affordable by households with no more than 80 percent of median income standards developed by HUD.

(iv) If the Planning Commission finds that taking into consideration projects constructed since the effective date of the Van Ness Special Use District and the housing development potential remaining in the District the overall objective of adding a substantial increment of new housing on Van Ness Avenue will not be significantly compromised, the Commission may by conditional use modify the 3:1 housing ratio or may modify the rules regarding the timing and location of linked projects if in addition to Section 303(c) standards of this Code it finds that:

(1) The project is to provide space for expansion of an established business from an adjacent site (for this purpose two sites separated by an alley shall be deemed to be adjacent); or

(2) The project is to provide space for an institutional, hotel, medical, cultural, or social service use meeting an important public need which cannot reasonably be met elsewhere in the area; and

(3) Housing cannot reasonably be included in the project referred to in (1) and (2) above.

The Commission shall consider the feasibility of requiring the project to be constructed in such a manner that it can support the addition of housing at some later time.

(C) Off-Site Provision of Required Residential Space. For the purpose of calculating the 3 to 1 ratio between residential and nonresidential use, two or more projects for new construction within the Van Ness Special Use District may be considered and approved together as linked projects. The requirements of Paragraph (A) above may be satisfied if the aggregate amount of occupied floor area for residential use in two or more linked projects is at least three times greater than the aggregate amount of occupied floor area for nonresidential use.

(i) Those building permit applicants who wish to link two or more projects for the purpose of meeting the 3 to 1 residential to nonresidential ratio shall file with the Planning Department a statement of intent identifying the applications covering the projects that are to be considered and approved together;

(ii) When the Planning Department approves an application for a project containing only nonresidential use and the project is linked to one or more other projects pursuant to the statement of intent filed with the Department, it shall include as a condition of approval a requirement prohibiting the project sponsor from commencing any work on the site until the Zoning Administrator issues a written determination that such work may proceed. The Zoning Administrator shall not issue such a determination until those permits authorizing the projects containing residential use have been issued and foundations have been completed at each such site;

(iii) If a permit for a project containing nonresidential use expires because of delays in the completion of foundations for linked projects containing residential uses, new permits may be approved for the nonresidential project within three years of such expiration without regard to the 3 to 1 residential ratio requirement if a Temporary Certificate of Occupancy or a Permit of Occupancy has been issued for each project containing residential use;

(iv) No building or portion of a building approved as a linked project that contains residential use required to meet the 3 to 1 residential to nonresidential ratio requirement shall be used for any nonresidential purposes; provided, however, that this restriction shall no longer apply if 50 percent or more of the non-residential occupied floor area in the linked projects has been converted to residential use, or has been demolished, or has been destroyed by fire or other act of God;

(v) The Zoning Administrator shall impose as a condition of approval of a permit authorizing the residential uses of linked projects the requirement that the owner record in the land records of the property a notice of restrictions, approved as to form by the Zoning Administrator, placed on the use of the property by this Section.

(D) Nonconforming Uses. A use which existed lawfully at the effective date of this Section and which fails to conform to the use limitation of Section 243(c)(8)(A) above, shall be considered a nonconforming use and subject to the provisions of Sections 180 through 188 of this Code, including the provisions of Section 182 regarding change of use, except as follows:

(i) In calculating the cost of structural alterations pursuant to Section 181(b)(4), the cost of reinforcing the building to meet the standards for seismic loads and forces of the 1975 Building Code shall not be included; and

(ii) Notwithstanding the provisions of Section 181(b), the structure occupied by the nonconforming use may be enlarged by an amount equal to 20 percent of the gross floor area of the existing structure.

(E) Demolitions. All demolitions of buildings containing residential use and all conversions from residential uses to nonresidential uses above the ground floor shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition or conversion, in lieu of the criteria set forth in Section 303 of this Code, 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. The definition of residential use shall be as set forth in Section 243(c)(8)(A), but shall not include any guest room in a building classified as a residential hotel subject to the Residential Hotel Unit Conversion and Demolition Ordinance.

A Conditional Use authorization shall not be required if the demolition permit is sought in order to comply with a court order directing or permitting the owner to demolish a building because it is unsafe. No person shall be permitted to construct anything on the site of a demolished building subject to such an order for a period of two years unless (a) the proposal is for at least the same number and size of dwelling units and guest rooms and the same amount of nonresidential floor area as that which was demolished or (b) the applicant requests and is granted an exemption from this requirement on the ground that the applicant has demonstrated that (1) the need for demolition did not arise because of the deliberate or unreasonable neglect of the maintenance of the building, or that (2) the restrictions would cause undue hardship to the property owner or that (3) the restrictions would leave the property without any substantial remaining market value or reasonable use.

(9) Residential Parking. Projects with parking which exceeds the amount permitted in Section 151.1 for an RC District shall be permitted if:

(A) the project was approved prior to the effective date of this Ordinance No. 232-14;

• (B) the project builds no more parking than the amount approved; and

(C) the project proceeds to construction within three years of the effective date of this Ordinance No. 232-14.

(10) Medical Center Parking. Notwithstanding any contrary provision of this Code, the maximum parking

provisions for the Van Ness Medical Use Subdistrict shall not exceed the lesser of 990 spaces or 125 percent of the minimum number of spaces required by Code in the aggregate for the Cathedral Hill Campus which, for purposes of this Subsection, shall be the Van Ness Medical Use District and Assessor's Block 0690, Lot 016, located at 1375 Sutter Street. Any parking sought up to this maximum but that exceeds the parking provisions outlined elsewhere in this Code may only be granted by the Planning Commission as a Conditional Use authorization.

(11) Medical Center Loading. Loading standards for medical centers within the Van Ness Medical Use Subdistrict applicable under Section 154(b) of this Code may be reduced from the required minimum dimensions through a

Conditional Use authorization, provided that the dimensions provided will be sufficient to meet the reasonably foreseeable loading demands associated with the proposed facility.

(12) Adult Entertainment Businesses. Adult Businesses per Section 102 of this Code are not permitted.

(13) Entertainment Uses. Nighttime Entertainment and Arts Activities, as defined in Section 102 of this Code, shall require notification as set forth in Section 312 of this Code.

(14) Medical Center Street Frontages. If authorized as a Conditional Use under Section 303 of this Code, a medical center within the Van Ness Medical Use Subdistrict may deviate from the street frontage requirements of Section 145.1 of this Code, so long as the Planning Commission finds that the proposed street frontages otherwise achieve the intended purposes of Section 145.1 to "preserve, enhance and promote attractive, clearly defined street frontages that are pedestrian-oriented, fine-grained, and which are appropriate and compatible with the buildings and uses" in the surrounding areas.

(15) Wind Standards. Wind standards shall apply pursuant to Section 148.

(d) Van Ness Medical Use Subdistrict – Conditional Use for Medical Center. Within the Van Ness Medical Use Subdistrict, the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map, medical facilities affiliated with the same institution, separated only by a street or alley, shall be considered a single medical center for purposes of this section. The "Van Ness Medical Use Subdistrict" shall be defined as the area shown on Sectional Map No. SU02, to provide medical services by a licensed medical provider. The purpose of the Subdistrict is to allow for the development of a seismically compliant medical facility with unique design requirements not otherwise permitted within the Van Ness Special Use District. To the extent provided in Section 243, deviations from the controls of Section 243 shall be permitted in the Subdistrict relating to bulk, FAR, parking, loading, projections and obstructions over streets and alleys, and street frontage due to the unique requirements of new medical centers.

(Added by Ord. 537-88, App. 12/16/88; amended by Ord. 79-89, App. 3/24/89; Ord. 312-92, App. 10/9/92; Ord. 161-96, App. 4/24/96; Ord. 327-96, App. 8/21/96; Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 5-11, File No. 101091, App. 1/7/2011; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 131-13 , File No. 120357, App. 7/11/2013, Eff. 8/10/2013, Oper. 9/9/2013; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 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. 58-22, File No. 220000, App. 4/15/2022, Eff. 5/16/2022; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)

AMENDMENT HISTORY

Divisions (b), (c)(1), (c)(4), [former] (c)(7), and [former] (c)(8) amended; Ord. 63-11, Eff. 5/7/2011. [Former] division (c) (8)(I) added; Ord. 140-11, Eff. 8/4/2011. Divisions (b), (c)(1), (c)(3), and (c)(4) amended; new division (c)(5) added and former divisions (c)(5)-(9) redesignated accordingly; [former] division (c)(9)(F) amended; new [now former] divisions (c) (9)(G) and (H) added and former divisions (c)(8)(G)-(I) redesignated accordingly; [former] division (c)(9)(L) and division (d) added; Ord. 131-13 , Oper. 9/9/2013. Former division (c)(9)(F) deleted; former divisions (c)(9)(G)-(J) redesignated accordingly; former division (c)(9)(K) deleted; former division (c)(9)(L) redesignated accordingly; Ord. 227-14 , Eff. 12/13/2014. Divisions (a) and (c)(4) amended; former division (c)(6) deleted and former divisions (c)(7)-(9) redesignated accordingly; new division (c)(9) added; former divisions (c)(9)(F)-(J) and (c)(10) redesignated as (c)(10)-(15) respectively; Ord. 232-14 , Eff. 12/26/2014. Divisions (b), (c)(1), (c)(2), (c)(8)(A), (c)(8)(B)(iii), (c)(8)(D), (c)(8)(E), (c) (12), and (c)(13) amended; designation of former division (1) of division (d) deleted; Ord. 22-15, Eff. 3/22/2015. Division (c)(8)(B)(iii) amended; Ord. 188-15 , Eff. 12/4/2015. Division (c)(8)(A) amended; Ord. 58-22, Eff. 5/16/2022. Divisions (c), (c)(15) amended; divisions (c)(15)(A)-(B)(ii) deleted; Ord. 245-25, Eff. 1/12/2026.

In order to provide for certain areas with special building forms and natural characteristics, there shall be Residential Character Districts as designated on Special Use Districts Sectional Maps of the Zoning Map. In these Residential Character Districts, all provisions of the Planning Code applicable to the underlying R (Residential) District shall continue to apply to Residential Character Districts except as otherwise provided in the sections for the specific districts which

follow or as shown on the Zoning Map. A Residential Character District may include residential design guidelines for that district, to supplement the "Residential Design Guidelines" published by the Planning Department, as amended from time to time.

(Added by Ord. 32-96, App. 1/11/96; 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) Purpose. In order to provide that a certain area within the C-3-S District be able to be developed for Hotel use with an increased basic floor area ratio of 7.5 to 1, there shall be a “Downtown Support Special Use District” (also referred to as the “C-3-S (SU) District”) as designated on Sectional Map SU01 of the Zoning Map.

(b) Requirements.

(1) Floor Area Ratio. The basic and maximum floor area ratio of the C-3-S (SU) District, after purchase of all market-rate, available TDR within the C-3-S District, shall be 7.5:1. Development at densities above the basic floor area ratio of 7.5:1 in this special use district will not be permitted. Roof eaves, cornices, or belt courses that project no more than two feet from the face of the building wall shall be excluded from the FAR calculation.

Where there are fewer square feet of TDR within the C-3-S District available than the Planning Commission determines is required for a project, the Planning Commission may, as part of a Section 309 review, authorize a project sponsor to make a monetary contribution towards the preservation of a Landmark building within the C-3 area in an amount to be determined by the Commission. For purposes of this Section 247, the C-3 area shall include any C-3 District and any P District adjacent thereto. All other provisions of this Code applicable to the C-3-S District shall apply in the C- 3-S (SU) District.

(2) Gross Floor Area Calculation. Notwithstanding the definition of Gross Floor Area in Section 102 of this Code, balconies, porches, roof decks, terraces, courts, and similar features shall be excluded from the calculation of Gross Floor Area if they are fully open to the sky, even if covered by retractable canopies and associated support structures. However, the square footage of these excluded features shall be used to calculate any development impact fees that typically would be due in relation to an increased FAR.

(3) Privately-Owned Public Open Space Requirements; Payment of In-lieu Fee. The Board of Supervisors

hereby authorizes the payment of a fee of $2,600,000 in lieu of the project sponsor’s provision of the 4th and 6th floor terraces at 888 Howard Street as required on-site open space for the project constructed pursuant to this Section 247 . The amount of the in-lieu fee represents a construction cost of $290.70 per square foot of Gross Floor Area multiplied by the

8,600 square foot of open space required by Section 138 of this Code, and an additional $100,000 representing the maintenance cost that typically accompanies any POPOS that is the responsibility of the private owner.

While the Board holds that maintaining the public nature of POPOS spaces are the responsibility of the property owner, in authorizing the payment of an in-lieu fee in this case the Board finds and determines that:

• (A) the Planning Commission’s original approval of the project noted the poor quality of the open space;

• (B) alternative, suitable open space sites cannot be acquired within the neighborhood of the project;

• (C) improvements to the quality of the existing open space are neither feasible nor appropriate; and

• (D) while the City should always strive to maintain requirements associated with development approvals, in this case the alternative in-lieu payment provides greater public benefit than the original open space requirement.

(c) Authorized Use of the In-Lieu Fee. The in-lieu fee shall be dedicated to the Recreation and Parks Department and used to improve the lighting and safety features of Victoria Manolo Draves Park, including any increased funding required to staff evening hours. The improved lighting shall be provided within two years of the Recreation and Parks Department receiving payment of the funds.

(Added by Ord. 275-03, File No. 021577, App. 12/10/2003; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 90-17, File No. 140877, App. 4/14/2017, Eff. 5/14/2017)

AMENDMENT HISTORY

Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; division (b) redesignated (b)(1) and amended; divisions (b)(2), (b)(3), and (c) added; Ord. 90-17, Eff. 5/14/2017.

SEC. 248. [REPEALED.]

(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; Ord. 22- 15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; 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; repealed by Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)