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FILE NO. 250385 ORDINANCE NO. 1- 26 [Planning Code - Reproductive Health Clinics] Ordinance amending the Planning Code to indicate districts where Reproductive Health Clinics are principally permitted and to make other conforming changes to the Planning Code and Zoning Control Tables, as required by Proposition 0, passed by the voters in November 2024; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough if€llics Times ll/ew Ronffm font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 250385 and is incorporated herein by reference. The Board affirms this determination. (b) On June 5, 2025, the Planning Commission, in Resolution No. 21745, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 1 City's General Plan and eight priority policies of Planning Code Section 101 .1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 250385, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21745, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250385. Section 2. Background and General Findings. In November 2024, City voters passed Proposition 0, which requires the Planning Department to further implement Proposition O by submitting for introduction an ordinance that "makes all changes necessary to conform the Planning Code to the requirements of Section 202.5 ... including but not limited to, amending Zoning Control Tables to list Reproductive Health Clinics as a Principally Permitted use." This ordinance is intended to satisfy the aforementioned requirements of Proposition 0. Proposition O included the following in its Purpose and Findings section: (a) Comprehensive reproductive health care is a fundamental human right that should not be taken away, restricted, or denied. (b) Access to safe and legal abortions, contraception, in vitro fertilization, and accurate information about reproductive health is a critical factor in the health, safety, and quality of life of women and people with capacity for pregnancy. (c) According to recent studies conducted at the University of California San Francisco, people who obtained an abortion presented with fewer mental health struggles, Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 2 were more financially stable, and raised children under more stable conditions, as compared to people who were unable to receive abortions. (d) Despite the vital importance of women and people with the capacity for pregnancy maintaining bodily autonomy and access to the reproductive health care services they need, all around the country, many states and municipalities are taking away these critical services. (e) The landmark Roe v. Wade decision protected access to abortion for nearly 50 years, and the United States Supreme Court's decision to overturn this long-established precedent took our country backwards and dramatically reduced access to abortion for millions of people. Many jurisdictions across the country have since weaponized their newfound ability to limit abortions, by criminalizing the procedure, controlling and monitoring pregnancies, and imposing onerous conditions on providers that make it harder and legally risky for them to operate. (f) Access to abortion is fundamental to comprehensive reproductive health care. Abortion is a critical medical procedure that is the foundation of reproductive freedom and an essential aspect of routine pregnancy care and miscarriage management. Pregnant patients in states that restrict access to abortion are being forced to endure traumatic miscarriages, carry non-viable pregnancies, and experience other complications that can be life-threatening and dramatically risk their overall health and future fertility. Patients who need abortion care also are often forced to travel hours to access that care. If San Francisco residents or visitors experience difficulty or delays in obtaining care, it can lead them to seek more invasive and expensive options, endangering their health, and costs may fall upon City health facilities that provide medical services of last resort for patients who are indigent. (g) San Francisco recognizes First Amendment protections including the freedom of speech and religion. This measure is not intended to curtail those protections. Instead, this Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 3 measure is intended to ensure that factual, comprehensive, and science-based health care services can be accessible to all San Francisco residents and visitors. (h) San Francisco has always been and will continue to be a City that strives to protect fundamental human rights. (i) San Francisco will continue to be a beacon of hope, care, and compassion, including by upholding the right to access unbiased, fact-based health care. U) The City supports the autonomy of all women and people with capacity for pregnancy, including young people and members of the LGBTQ+ community, to exercise their reproductive rights and freedoms at any point in their pregnancy. (k) San Francisco is a welcoming place for abortion clinics and providers. (I) People in San Francisco should always be able to access reproductive health care services free from coercion, threat, violence, or fear. (m) No person in San Francisco should be criminalized for the reproductive health decisions they make. (n) Governments should not be involved in a person's reproductive health care decisions, as those decisions should be made by an individual, along with their provider and any other natural supports they choose to include in these very personal decisions. (o) San Francisco will remain a safe and secure place for women to access comprehensive reproductive health care, including accurate medical information, in vitro fertilization, contraception, and abortion. Section 3. Article 2 of the Planning Code is hereby amended by revising Sections 209.3, 210.3, 211.1, and 249.5, to read as follows, with relevant portions of Sections 102 and 202.5 provided here for context only: Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 4 SEC. 102. DEFINITIONS. * * * * Reproductive Health Clinic. A Retail Sales and Service Use that is a clinic licensed pursuant to applicable provisions of the California Health and Safety Code that meets both of the following requirements: a) provides directly to patients medical services consisting of Abortions or Emergency Contraception as those terms are defined in Administrative Code Section 93.3; and b) primarily specializes in reproductive health services as defined in California Penal Code 423.1. A Reproductive Health Clinic that meets the foregoing requirements may also provide additional medical and allied health services by physicians or other healthcare professionals. * * * * SEC. 202.5. REPRODUCTIVE HEAL TH CLINICS. Notwithstanding any other provision of this Code, a Reproductive Health Clinic is a Principally Permitted use on all stories in all use districts, except the following residential districts: Residential, House (Section 209.1 ); Residential, Mixed (Section 209.2); and Residential, Transit-Oriented (Section 209.4). In the aforementioned residential districts, Reproductive Health Clinics shall be permitted as a Limited Corner Commercial Use pursuant to Section 231, to the same extent such uses were permitted under Section 231 as of the effective date of this ordinance. If development of a Reproductive Health Clinic would require Residential Conversion of a Residential Unit or Unauthorized Unit under Section 317, the development shall be subject to Section 317 and may require Conditional Use authorization, or may be prohibited in the aforementioned residential districts. It shall not be deemed a change in use for a Health Services use or a use categorized as Institutional under this Code to become a Reproductive Health Clinic use. For any Reproductive Health Clinic established Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 5 prior to the effective date of the ordinance adding this Section 202.5, it shall not be deemed a change in use to revert to the use in existence prior to the effective date of said ordinance, such as Health Services. SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category § References RC-3 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category Retail Sales and Service Uses* §§ 102, 202.2(a) P(4) * * * * Ree_roductive Health Clinic H. 102, 202.s p Storage, Self § 102 C * * * * * * * * (4) C required if located on the second floor or above. * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS RC-4 P(4) p C Page 6 !Zoning Category § References PDR-1-B PDR-1-D PDR-1-G PDR-2 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category Retail Sales and Service Uses* §§ 102, 202.2(a) p (1) P (10) p (9) p (1) * * * * Revroductive Health Clinic ◊◊ 102 202.5 p p p p Services, Health § 102 p (3) p (8) p (8) p (5) * * * * * Not listed below. (1) See Table 210.3A. * * * * (3) NP above 7,500 Gross Square Feet. * * * * (5) NP above 5,000 Gross Square Feet. * * * * (8) C if above 5,000 Gross Square Feet. (9) In this District, all uses with this reference number are limited to a cumulative total of 2,500 Gross Square Feet per lot. (10) In this District, except for Personal Service uses at Assessor's Parcel Block No. 3912, Lot 002, all uses with this reference number are limited to a cumulative total of 5,000 Gross Square Feet per lot. No use size limits shall apply to Personal Service uses at Assessor's Parcel Block No. 3912, Lot 002. * * * * Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 7 SEC. 211.1. PRINCIPAL USES PERMITTED, P DISTRICTS. The following uses are principally permitted in all P Districts when found to be in conformity with the General Plan: * * * * (i) Residential Uses in 100% Affordable Housing Projects and Educator Housing Projects, as defined in Section 206.9, unless such property is under the jurisdiction of the San Francisco Recreation and Parks Department and used as a public park. Except for modifications otherwise allowed by this Code, any such Residential Uses shall comply with controls and notification requirements for the closest zoning district that allows Residential Uses. (j) Reproductive Health Clinics, as defined in Section I 02 of this Code. SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT. * * * * (c) Controls. The following zoning controls are applicable in the North of Market Residential Special Use District. Certain controls are set forth in other Sections of this Code and are referenced herein. * * * * (2) Notwithstanding the Zoning Control Table for RC Districts found in Section 209.3 of this Code, commercial establishments shall be limited to the ground floor and the first basement floor, except that such establishments may be permitted on the second story as a conditional use if authorized pursuant to Section 303 and Section 249.5(c)(1) of this Code and except as required by Section 202.5 of this Code. * * * * Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 8 Section 4. Articles 7 and 8 of the Planning Code are hereby amended by revising the Zoning Control Tables of Sections 710, 711, 713-719, 721 -736, 738, 741-743, 745, 746, 750, 751, 753, 755-759, 761-764, 811, and 812, individually listed below, to insert under the Retail Sales and Service Uses category, in alphabetical order among the other uses listed in the category, a new row listing "Reproductive Health Clinic" as Principally Permitted on all stories and referencing Sections 102 and 202.5, as shown in the sample chart below. * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Controls by Story 1st 2nd * * * * Sales and Service Use Category Retail Sales and Service Uses* * * * * * * * * * * * * * * * * Re[!__roductive Health Clinic §§._ 102, 202.5 p * * * * SEC. 710. NC-1 - Neighborhood Commercial Cluster District. SEC. 711. NC-2 - Small-Scale Neighborhood Commercial District. SEC. 713. NC-S - Neighborhood Commercial Shopping Center District. SEC. 714. Broadway Neighborhood Commercial District. SEC. 715. Castro Street Neighborhood Commercial District. SEC. 716. Inner Clement Street Neighborhood Commercial District. SEC. 717. Outer Clement Street Neighborhood Commercial District. Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS p 3rd+ * * * * E. Page 9 SEC. 718. Upper Fillmore Street Neighborhood Commercial District. SEC. 719. Haight Street Neighborhood Commercial District. SEC. 721. Japantown Neighborhood Commercial District. SEC. 722. North Beach Neighborhood Commercial District. SEC. 723. Polk Street Neighborhood Commercial District. SEC. 724. Sacramento Street Neighborhood Commercial District. SEC. 725. Union Street Neighborhood Commercial District. SEC. 726. Pacific Avenue Neighborhood Commercial District. SEC. 727. Lakeside Village Neighborhood Commercial District. SEC. 728. 24th Street - Noe Valley Neighborhood Commercial District. SEC. 729. West Portal Avenue Neighborhood Commercial District. SEC. 730. Inner Sunset Neighborhood Commercial District SEC. 731. Noriega Street Neighborhood Commercial District. SEC. 732. Irving Street Neighborhood Commercial District. SEC. 733. Taraval Street Neighborhood Commercial District. SEC. 734. Judah Street Neighborhood Commercial District. SEC. 735. Inner Balboa Street Neighborhood Commercial District. SEC. 736. Outer Balboa Street Neighborhood Commercial District. SEC. 738. Cortland Avenue Neighborhood Commercial District. SEC. 741 . San Bruno Avenue Neighborhood Commercial District. SEC. 742. Cole Valley Neighborhood Commercial District. SEC. 743. Lower Haight Street Neighborhood Commercial District. SEC. 745. Inner Taraval Street Neighborhood Commercial District. SEC. 746. Leland Avenue Neighborhood Commercial District. SEC. 750. NCT-1 - Neighborhood Commercial Transit Cluster District. Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 10 SEC. 751. NCT-2 - Small-Scale Neighborhood Commercial Transit District. SEC. 753. Soma Neighborhood Commercial Transit District. SEC. 755. Ocean Avenue Neighborhood Commercial Transit District. SEC. 756. Glen Park Neighborhood Commercial Transit District. SEC. 757. Folsom Street Neighborhood Commercial Transit District. SEC. 758. Regional Commercial District. SEC. 759. Divisadero Street Neighborhood Commercial Transit District. SEC. 761. Hayes-Gough Neighborhood Commercial Transit District. SEC. 762. Valencia Street Neighborhood Commercial Transit District. SEC. 763. 24th Street - Mission Neighborhood Commercial Transit District. SEC. 764. Upper Market Street Neighborhood Commercial Transit District. SEC. 811. Chinatown Visitor Retail District. SEC. 812. Chinatown Residential Neighborhood Commercial District. Section 5. Articles 7 and 8 of the Planning Code are hereby amended by revising the Zoning Control Tables of Sections 712, 737, 739, 740, 744, 752, 754, 760, and 810, individually listed below, to insert into the "Retail Sales and Services Uses*" row, in the "§ References" column, a reference to Section 202.5, as shown in the sample chart below. * * * * Zoning Category I § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Controls by Story I 1st I Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS 2nd I 3rd+ Page 11 * * * * Sales and Service Use Category §§ 102, Retail Sales and Service Uses* 202.2(a), p 202.3, 202.5 * * * * SEC. 712. NC-3 - Moderate-Scale Neighborhood Commercial District. SEC. 737. Bayview Neighborhood Commercial District. SEC. 739. Geary Boulevard Neighborhood Commercial District. SEC. 740. Mission Bernal Neighborhood Commercial District. SEC. 744. Lower Polk Street Neighborhood Commercial District. p SEC. 752. NCT-3 - Moderate-Scale Neighborhood Commercial Transit District. SEC. 754. Mission Street Neighborhood Commercial Transit District. SEC. 760. Fillmore Street Neighborhood Commercial Transit District. SEC. 810. Chinatown Community Business District. p Section 6. Article 8 of the Planning Code is hereby amended by revising the Zoning Control Tables of Sections 830-832 and 834-840, individually listed below, to insert under the Retail Sales and Services Uses category, in alphabetical order among the other uses listed in this category, a new row listing "Reproductive Health Clinic" as Principally Permitted on all stories and referencing Sections 102 and 202.5, as shown in the sample chart below. * * * * Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARDOFSUPERV~ORS * * * * Controls Page 12 * * * * Sales and Service Category Retail Sales and Service Uses* * * * * * * * * Rep_roductive Health Clinic ~~ 102, 202. 5 * * * * * * * * SEC. 830. Central SoMa Mixed Use - Office District SEC. 831. Mixed Use - General SEC. 832. Mixed Use - Office SEC. 834. Residential Enclave District SEC. 835. Residential Enclave District - Mixed SEC. 836. Service/Arts/Light Industrial SEC. 837. South Park District SEC. 838. Urban Mixed Use SEC. 839. Western SoMa Mixed Use - General SEC. 840. Western SoMa Mixed Use - Office * * * * p Section 7. Article 7 of the Planning Code is hereby amended by revising the Zoning Control Table of Section 720, to read as follows: SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 13 * * * * Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category §§ 102, Retail Sales and Service Uses* 202.2(at p p p 202.5 * * * * Section 8. Preexisting Rights. Pursuant to Section 202.5, approved by the voters of the City in November 2024 as part of Proposition 0, Reproductive Health Clinics are principally permitted in all districts in the City, except Residential, House (R-H); Residential, Mixed (R-M), and Residential, Transit- Oriented (RTO) districts, as specified. In connection with the application of this ordinance as it relates to development agreements or similar contracts, or approved development plans administered by the Office of Community Investment and Infrastructure, the Planning Department shall consult with the City Attorney to determine whether a decision on an authorization or approval would violate the terms of contracts that the City entered into before the effective date of this ordinance or the ordinance that enacted Section 202.5. Section 9. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 14 ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 10. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU , City Attorney By: /s/ HEATHER GOODMAN HEATHER GOODMAN Deputy City Attorney n:llegana\as202512500209101833964.docx Mayor Lurie; Supervisors Melgar, Chan, Mandelman, Sherrill, Mahmood, Sauter, Chen, Dorsey BOARD OF SUPERVISORS Page 15 ' . City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 102-4689 File Number: 250385 Date Passed: January 06, 2026 Ordinance amending the Planning Code to indicate districts where Reproductive Health Clinics are principally permitted and to make other conforming changes to the Planning Code and Zoning Control Tables, as required by Proposition 0, passed by the voters in November 2024; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1 ; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. December 15, 2025 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 16, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill, Walton and Wong January 06, 2026 Board of Supervisors - Fl NALLY PASSED Ayes: 10 - Chan, Chen, Dorsey, Mahmood, Mandelman, Melgar, Sauter, Sherrill, Walton and Wong Excused: 1 - Fielder File No. 250385 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 1/6/2026 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board ftL • I / 8 / 'J/o Daniel Lurie Mayor Date Approved City and County of Sa11 Francisco Page 1 Printed at 9: 18 am 011 1/7/26