o0033-24

FILE NO. 231144 AMENDED IN COMMITTEE 1/29/2024 ORDINANCE NO. 033-24 [Planning, Administrative Codes - Code Corrections Ordinance] Ordinance amending the Planning and Administrative Codes to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; affirming the Planning Department's determination under the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 adopting findings of public necessity, convenience, and general welfare under 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 swikethrough italics Times IV.cw Romanf-cmt. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. 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. 231144 and is incorporated herein by reference. The Board affirms this determination. (b) On September 28, 2023, the Planning Commission, in Resolution No. 21395, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the 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 Planning Department BOARD OF SUPERVISORS Page 1 the Board of Supervisors in File No. 231144, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21395, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 231144. Section 2. The Planning Code is hereby amended by revising Sections 102, ~. Table 124,132,134,136,145.1, 145.4, 145.5, 155,169.4, 188,202.11, Table 209.1, Section 209.3, Table 210.3, Table 210.4, Table 270, Sections 302, 305, 309, 317, 811, 1110, and 1111.1 to read as follows: SEC. 124. BASIC FLOOR AREA RA TIO. (a) Except as provided in subsections (b), (c), (d), (e), and (I) of this Section 124, the basic Floor Area Ratio limits specified in the Zoning Control Table for the district in which the lot is located, or in Table 124 below, shall apply to each building or development in the districts indicated. TABLE 124 BASIC FLOOR AREA RATIO LIMITS District * * * * RH-ICD2, RH-I, RH-ICS2, RH-2, RH-3 RM-I, RM-2 RTO, RTO-M SPD, NC-1, NCT-1, NC-S * * * * RM-3 Planning Department BOARD OF SUPERVISORS Basic Floor Area Ratio Limit * * * * 1.8 to 1 * * * * 3.6 to 1 Page 2 RC-3 C-2 NC-3, NCT-3 Excelsior-Outer Mission Fillmore Mission Street RM-4 4.8 to I RC-4 Chinatown R/NC 1.0 to 1 * * * * * * * * MUG, MUO, MUR, UMU, WMUG, WMUO, 4.0 to 1 SALi in a 50, 55, or 58 foot height district C-3-S 5.0 to 1 MUG, MUO, MUR, UMU, WMUG, WMUO, SALi in a 65 or 68 foot height district M-1, M-2 C-3-0CSDl. C-3-R, C-3-G 6.0 to 1 MUG, MUO, MUR, UMU, WMUG, WMUO, SALi in a 85 foot height district MUG, MUO, MUR, UMU, WMUG, WMUO, in 7.5 to 1 a height district over 85 feet C-3-0 9. 0 to I *Not listed below. * * * * (l) For PDR-1-B, PDR-1-D, PDR-1-G and PDR-2 Districts see Table 210.3. Planning Department BOARD OF SUPERVISORS Page 3 * * * * SEC. 132. FRONT SETBACK AREAS IN RTO, RH, AND RM DISTRICTS AND FOR REQUIRED SETBACKS FOR PLANNED UNIT DEVELOPMENTS. * * * * (g) Landscaping and Permeable Surfaces. The landscaping and Permeable Surface requirements of this subsection (g) and subsection (h) below shall be met by the permittee in the case of construction of a new building; the addition of a new Dwelling Unit, a garage, or additional parking; any addition to a structure that would result in an increase of 20% or more of the existing Gross Floor Area; a Residential Merger, as defined in Section 317; or paving or repaving more than 200 square feet of the front setback. All front setback areas required by this Section 132 shall be appropriately landscaped, meet any applicable water use requirements of Administrative Code Chapter 63, and in every case not less than 20% of the required setback area shall be and remain unpaved and devoted to plant material, including the use of climate appropriate plant material as defined in Public Works Code Section 802.1. For the purposes of this Section 132, permitted obstructions as defined by Section 136(c)(6) chimneys, Section 136(c)(14) steps, and Section 136(c)(2-e7) garages in steeply sloping front setbacks btndcrgFebtnd gt1rG1:gcs, shall be excluded from the front setback area used to calculate the required landscape and Permeable Surface area. If the required setback area is entirely taken up by one or more permitted obstructions, the Zoning Administrator may allow the installation of sidewalk landscaping that is compliant with applicable water use requirements of Chapter 63 of the Administrative Code to satisfy the requirements of this Section 132, subject to permit approval from the Department of Public Works in accordance with Public Works Code Section 81 OB. * * * * Planning Department BOARD OF SUPERVISORS Page 4 SEC. 134. REAR YARDS IN R, RC, NC, C, M, CMUO, MUG, MUO, MUR, RED, RED-MX, SPD, UMU, and WMUG DISTRICTS. * * * * (d) Rear Yard Location Requirements. * * * * (2) NC-2, NCT-2, Ocean Avenue, Inner Balboa Street, Outer Balboa Street, Castro Street, Cortland Avenue, Divisadero Street NCT, Excelsior-Outer Mission Street, Inner Clement Street, Upper Fillmore Street, Lower Haight Street, Judah Street, Noriega Street, North Beach, San Bruno Avenue, Taraval Street, Inner Taraval Street, Irving Street, Union Street, Valencia Street, 24th Street-Mission, Glen Park, Regional Commercial District and Folsom Street Districts. Rear yards shall be provided at the second story, and at each succeeding story of the building, and at the First Story if it contains a Dwelling Unit. * * * * SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED SETBACKS, YARDS, AND USABLE OPEN SPACE. Streets Set- Yards and backs Alleys I I Planning Department BOARD OF SUPERVISORS Usable Open Space * * * * (c) The permitted obstructions shall be as follows: * * * * (24) Decks, whether attached to a building or not, at or below the adjacent first floor of occupancy, if Page 5 Planning Department BOARD OF SUPERVISORS developed as usable open space and meeting the following requirements: * * * * (B) Slope of more than 15 percent and no more than 70 percent. The floor of the deck shall not exceed a height of three feet above grade at any point along any lot line bordering the required open area, nor shall such floor penetrate a plane made by a vertical angle 45 degrees above horizontal with its vertex three feet above grade at any lot line bordering the required open area, except that when two or more lots are developed with adjacent decks whose floor levels differ by not more than three feet, whether or not the lots will remain in the same ownership, each deck may come all the way to the lot line adjacent to the other deck. In addition, the vertical distance measured up from grade to the floor of the deck shall not exceed seven feet at any point in the required open area:.:, Page 6 l_ __ , I I :_N5~ 1 * * * * 3 ft. downslope ~~ 16%to70% required rear yard SECTION SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL- COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. * * * * Planning Department BOARD OF SUPERVISORS Page 7 (b) Definitions. * * * * (2) Active Use. An "active use" shall mean any principal, conditional, or accessory use that by its nature does not require non-transparent walls facing a public street or involves the storage of goods or vehicles. * * * * (D) Public Facilities PMhlic Uses defined in Section 102 are considered active uses except utility installations. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * (e) Modifications. Modifications to the requirements of this Section are not permitted in DTR Districts. In Neighborhood Commercial and Commercial Districts, modifications to the requirements of this Section may be granted through the Conditional Use process, as set forth in Section 303. In the Eastern Neighborhoods Mixed Use Districts, modifications to the requirements of this Section may be granted through the procedures of Section 329 for projects subject to that Section or through an Administrative Modification from the Zoning Administrator for other projects, as set forth in Section 307 (h)(I )(A)(gf. * * * * SEC. 145.5. GROUND FLOOR STANDARDS IN INDUSTRIAL AND PDR DISTRICTS. All new buildings constructed in Industrial Districts and PDR Districts, as defined in Section 201, shall provide ground floor spaces with a minimum floor-to-floor height of 17 feet, as measured from grade. In existing buildings, a minimum clear ceiling height of 15 feet shall be retained where currently existing. Any building permit which seeks to reduce the floor-to- Planning Department BOARD OF SUPERVISORS Page 8 floor height to less than 17 feet shall require a variance as set forth in Section 305 of this Code. * * * * SEC.155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF- STREET PARKING, FREIGHT LOADING, AND SERVICE VEHICLE FACILITIES. * * * * (r) Protected Pedestrian-, Cycling-, and Transit-Oriented Street Frontages. In order to preserve the pedestrian character of certain districts and to minimize delays to transit service, garage entries, driveways, or other vehicular access to off-street parking or loading via curb cuts on development lots shall be regulated as set forth in this subsection (r). These limitations do not apply to the creation of new publicly-accessible Streets and Alleys. Any lot whose sole feasible vehicular access is via a protected street frontage described in this subsection (r) shall be exempted from any off-street parking or loading requirement found elsewhere in this Code. * * * * (4) In all zoning districts except RH, M NC-S, P, PDR. and SAL!, w-Where an alternative frontage is not available, parking or loading access along any Transit Preferential Street as designated in the Transportation Element of the General Plan, or Neighborhood Commercial Street or Commercial Throughways defined in the Better Streets Plan, or any SFMTA Board of Directors adopted bicycle routes or lanes, may be allowed on streets not listed in subsection (r)(2) above as an exception in the manner provided in Section 309 for C- 3-0(SD) Districts, Section 329 for Mixed-Use Districts, and in Section 303 for all other Districts in cases where the Planning Commission can determine that the final design of the parking access minimizes negative impacts to transit movement and to the safety of pedestrians and bicyclists to the fullest extent feasible. Planning Department BOARD OF SUPERVISORS Page 9 * * * * (s) Off-Street Parking and Loading in C-3 Districts. In C-3 Districts, restrictions on the design and location of off-street parking and loading and access to off-street parking and loading are necessary to reduce their negative impacts on neighborhood quality and the pedestrian environment. * * * * (4) Parking and Loading Access. (A) Width of Openings. Any single development is limited to a total of two Efac_;:ade openings for parking and loading ingress or egress,· these Fac;ade openings shall conform to the requirements of Sec. 145.1 (c)(2)ofno more Fhtrn 11 feet ,Fide e€1ch or enc opening ofno niore th€1n 22 feet wide for €1ccess to offstreetp€1rking €1nd one fa9€1de opening ofno more th€1n 15:feet wide for €1ccess to off street lo€1ding. Sh€1red ope19:ings for p€1rking €11'/;d lo€1ding €1re encoure:ged. The m€lXimum perniitted width oj€1 sh€1redp€1rking €1nd lo€1ding gare:ge opening is 27 feet. * * * * SEC. 169.4. TRANSPORTATION DEMAND MANAGEMENT PLAN REQUIREMENTS. * * * * (e) The Zoning Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder of the City and County of San Francisco for the subject property prior to the issuance of a building or site permit. The Planning Department shall maintainThis 11/etice shttU include the Development Project's final TOM Plan and detailed descriptions of each TOM measure for public view and access. * * * * SEC. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS, AL TERA TIONS, AND RECONSTRUCTION. * * * * Planning Department BOARD OF SUPERVISORS Page 10 (c) In order that major life safety hazards in noncomplying structures may be eliminated as expeditiously as possible, a noncomplying structure constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 22J-7-92, may be demolished and reconstructed to the same level of noncompliance; provided that: * * * * SEC. 202.11. TEMPORARY LIMITATION ON CHANGE IN USE OR DEMOL[ATION OF NIGHTTIME ENTERTAINMENT USE. * * * * SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning § References Category BUILDING STANDARDS Massing and Setbacks * * * * Side Yard §§130, 133 Side Yard §§ 130,133 Planning Department BOARD OF SUPERVISORS RH- RH-1(D) RH-1 RH-2 1(5) Required for lots 28 feet €1Hd }lot Required. wider. Width ofside setbBck depe1'lds OH ·widfh o-}lot. Required Not Required for Lots 28 feet and wider. RH-3 Page 11 * * * * Width of setback depends on width SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS * * * * *Not listed below. * * * * (12) P within the Compton's Transgender Cultural District. * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning § References Category BUILDING STANDARDS * * * * Planning Department BOARD OF SUPERVISORS PDR-1-B PDR-1-D PDR-1-G PDR-2 Page 12 Floor Area Ratio §§102, 123,124 3.0 to 1 in a 40, 45, or 48-foot height district; 4.0 to 1 in a 50, 55, or 58-foot height district; 5.0 to 1 in a 65 or 68-foot height district; 6.0 in an 80 or 85-foot height district; or 7.5 to 1 in a height district over 85 feet. * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Agricultural Use Category (25) * * * * Automotive Use Category * * * * Automotive §102 Repair (25) * * * * Automotive §102, 202.2(b) Service Station (25) Automotive §102, 202.2(b) Wash (25) * * * * Parcel Delivery §102 Service (25) * * * * Planning Department BOARD OF SUPERVISORS p (3) p p p p p p p p p p p NP p p p Page 13 Service, Motor §102 Vehicle Tow (25) * * * * Industrial Use Category (25) * * * * Sales and Service Category Retail Sales §§ 102, 202.2(a) and Service Uses* * * * * Kennel (25) §102 * * * * Trade Shop (25) §102 Non-Retail §102 Sales and Service* Catering (25) §102 * * * * Storage, §102 Commercial (25) Storage, §102 Wholesale (25) Trade Office §102 (25) Planning Department BOARD OF SUPERVISORS p p p p p (1) P (10) p (9) p (1) NP p p p P (11) p p p p (2) NP (14) NP (14) p (2) p (5) p p p p (5) p p p p (5) p p p p p p p Page 14 Wholesale §102 p (5) p p p Sales (25) Utility and Infrastructure Use Category * * * * Public Utilities §102 p (5) p p p Yard (25) * * * * * Not listed below. * * * * (15) C required when any portion of such facility exceeds a height of25 feet above the roof line of the building on the premises, or above the ground i[there is no building, or 25 feet above the height limit applicable to the subiect site under Article 2.5 o(this Code, whichever is the lesser height. iftB!:kr than 25 feet flho·i1e roo,f; grflde or height lint it dcperui-i:ng on site or C also required if within 1,000 feet of an R District and includes a parabolic antenna with a diameter in excess of three meters or a composite diameter of antennae in excess of six meters. See definition in § 102 for more information. * * * * (25) Also considered a Production, Distribution, and Repair (PDR) use as defined in Sec. 102. * * * * SEC. 210.4. M DISTRICTS: INDUSTRIAL. * * * * I Zoning Category * * * * Planning Department BOARD OF SUPERVISORS Table 210.4 ZONING CONTROL TABLE FORM DISTRICTS I § References I M-1 I M-2 Page 15 NON-RESIDENTIAL STANDARDS AND USES * * * * Industrial Use Category * * * * AgriculturalF&ed §§102, 202.2(d) p p .J2i-he.F and Beverage Processing 1 AgriculturalF&ed §§102, 202.2(d) NP p .J2i-he.F and Beverage Processing 2 * * * * SEC. 249.92 {gJ_ General. A special use district entitled the "Central Neighborhoods Large Residence Special Use District," consisting of the area within a perimeter established by Waller Street, Steiner Street, Duboce Avenue, Sanchez Street, 16th Street, Guerrero Street, 20th Street, Valencia Street, Tiffany Avenue, 29th Street, San Jose Avenue, Mission Street, Alemany Boulevard, Tingley Street, Monterey Boulevard, Joost Avenue, Congo Street, Bosworth Street, O'Shaughnessy Boulevard, Portola Drive, Twin Peaks Boulevard, Clayton Street, Ashbury Street, Frederick Street, Buena Vista Avenue West, Haight Street, and Buena Vista Avenue East, is hereby established for the purposes set forth in subsection (b), below. The boundaries of the Central Neighborhoods Large Residence Special Use District are designated on Sectional Map Nos. ZN06, ZN07, ZN11, and ZN12 of the Zoning Map of the City and County of San Francisco. Planning Department BOARD OF SUPERVISORS Page 16 @ Purpose. To protect and enhance existing neighborhood context, encourage new infill housing at compatible densities and scale, and provide for thorough assessment of proposed large single-family residences that could adversely impact neighborhood character and affordable housing opportunities, the following controls, set forth in subsections (c)-(g), below, are imposed in the Central Neighborhoods Large Residence Special Use District. (fl_ Applicability. (1) Except as provided in this subsection (c), the provisions of this Section 249.92 apply to all lots in Residential, House (RH) zoning districts located within the Central Neighborhoods Large Residence Special Use District, in those instances where a complete Development Application was submitted on or after January 1, 2022. * * * * @_ Maximum Size of Dwelling Units. For all lots zoned RH within the Central Neighborhoods Large Residence Special Use District, no residential development or expansion of an existing Residential Building shall be permitted that would result in any Dwelling Unit exceeding 4,000 square feet of Gross Floor Area, except where the total increase of Gross Floor Area of any existing Dwelling Unit is less than 15%. {fl Conditional Use Authorizations. For all lots zoned RH within the Central Neighborhoods Large Residence Special Use District, a Conditional Use authorization shall be required for any residential development or expansion of a Residential Building that would result in any Dwelling Unit with a Gross Floor Area exceeding the equivalent of a ..J..:-.Jd.1.2:1 Floor Area Ratio, or would result in any Dwelling Unit exceeding 3,000 square feet of Gross Floor Area, except where the total increase of gross floor area of any existing Dwelling Unit is less than 15%. * * * * Planning Department BOARD OF SUPERVISORS Page 17 {j)_ Conditional Use Findings. In addition to the criteria outlined in Planning Code Section 303(c)(1), in acting upon an application for Conditional Use authorization within the Central Neighborhoods Large Residence Special Use District the Planning Commission shall also consider whether facts are presented to establish, based on the record before the Commission, that the following criteria are met: * * * * (g)_ Calculation of Gross Floor Area. For the purposes of this Section 249.92, the following shall apply in the calculation of total Gross Floor Area: * * * * SEC. 270. BULK LIMITS: MEASUREMENT. * * * * District Symbol on Zoning Map * * * * cs IB * * * * Planning Department BOARD OF SUPERVISORS TABLE 270 BULK LIMITS Height Above Maximum Plan Dimensions (in feet) Which Maximum Dimensions Apply Length Diagonal (in feet) Dimension This table not applicable. But see Section 270(h). This table not applicable. But see Section 249. 84 India Basin Special Use District. Page 18 SEC. 302. PLANNING CODE AMENDMENTS. (a) General. Whenever the public necessity, convenience and general welfare require, the Board of Supervisors may, by ordinance, amend any part of this Code. Such amendments may include reclassifications of property (changes in the Zoning Map), changes in the text of the Code, or establishment, abolition or modification of a setback line. The procedures for amendments to the Planning Code shall be as specified in this Section and in Sections 306 through 306.6-, and in Section 333. * * * * (c) Determination. The Planning Commission shall hold a hearing on the proposed amendment to the Planning Code. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall adopt either a recommendation for approval gf &J3Prm·e such amendment or part, Rnd othern·ise it shRll or a recommendation for disapproval of dis&J3Prove the same. If &J3Prowd by the Planning Commission adopts a recommendation for approval in whole or in part, the proposed amendment or part shall be presented to the Board of Supervisors, together with a copy of the resolution oj&pJ3rO',}fll, and the Board of Supervisors may adopt such amendment or part by a majority vote. Dis&J3ProvRlAdoption of a recommendation for disapproval of the proposed amendment or part by the Planning Commission shall have the following effect, depending upon the type of amendment involved: (1) A proposed amendment to the Planning Code or part that had been introduced by a member of the Board of Supervisors to change the text of the Code or the Zoning Map shall be presented to said Board, together with a copy of the resolution recommending of disapproval, and said amendment or part may be adopted by said Board by a majority vote. Planning Department BOARD OF SUPERVISORS Page 19 (2) In all other cases, the recommendation for disapproval of the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors as provided in Section 308.1. (d) Referral of Proposed Text Amendments to the Planning Code Back to Planning Commission. In acting upon any proposed amendment to the text of the Code, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been considered 6lfJfJrrned or distlf)fJroved by the Planning Commission. Should the Board adopt a motion proposing to materially modify the amendment while it is before said Board, S£tidthe amendment and the motion proposing modification shall be referred back to the Planning Commission for its consideration. In all such cases of referral back, the amendment and the proposed modification shall be heard by the Planning Commission according to the requirements for a new proposal, except that online notice required under Section 333 need be given only 10 days prior to the date of the hearing. The motion proposing modification shall refer to, and incorporate by reference, a proposed amendment approved by the City Attorney as to form. * * * * SEC. 305. VARIANCES. (a) General. The Zoning Administrator or the Zoning Administrator's designee shall hear and make determinations regarding applications for variances from the strict application of quantitative standards in this Code. The Zoning AdministratorHe or the Zoning Administrator's designee shall have power to grant only such variances as may be in harmony with the general purpose and intent of this Code and in accordance with the general and specific rules contained herein, and he sh€lll h€lvepower to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. No variance shall be granted in whole or in Planning Department BOARD OF SUPERVISORS Page 20 part which would have an effect substantially equivalent to a reclassification of property; or which would permit any use, any height or bulk of a building or structure, or any type or size or height of sign not expressly permitted by the provisions of this Code for the district or districts in which the property in question is located; or which would grant a privilege for which a conditional use procedure is provided by this Code; or which would change a definition in this Code; or which would waive, reduce or adjust the inclusionary housing requirements of Sections 415 through 415.9; or which would reduce or waive any portion of the usable open space applicable under certain circumstances in the Eastern Neighborhoods Mixed Use Districts pursuant to Section 135(i) and 135.3(d); or which would waive or reduce the quantity of bicycle parking required by Sections 155.2 through 155.3 where off-street automobile parking is proposed or existing; or which would waive, reduce or adjust the requirements of the TOM Program in Section:9 169 et seq. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. If the relevant Code provisions are later changed so as to be more restrictive before a variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. The procedures for variances shall be as specified in this Section and in Sections 306 through 306.5. * * * * SEC. 308.2. APPEALS: VARIANCES AND ADMINISTRATIVE ACTIONS. * * * * (b) Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals within 10 days after the date of the written variance decision of the Zoning Administrator or within .J.J.30 days of any other written determination of the Zoning Administrator. Planning Department BOARD OF SUPERVISORS Page 21 * * * * SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS. * * * * (a) Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below: (1) Exceptions to the setback, streetwall, tower separation, and rear yard requirements as permitted in Sections 132.1 and 134,(d); * * * * (14) Exceptions to the exposure requirements gf€lspcrmitted in Section 140. * * * * SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION. * * * * (g) Conditional Use Criteria. * * * * (7) Removal of Unauthorized Units. In addition to the criteria set forth in subsections (g)(1) through (g)(Q4) above, the Planning Commission shall consider the criteria below in the review of applications for removal of Unauthorized Units: * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. The Chinatown Visitor RetaiLi\leighborhood Commerci€ll District extends along Grant Avenue between California and Jackson Streets. This district contains a concentration of shopping bazaars, art goods stores, and restaurants, which attract visitors and shoppers and contribute to the City's visual and economic diversity. Grant Avenue provides an important link Planning Department BOARD OF SUPERVISORS Page 22 between Downtown retail shopping and the Broadway, North Beach, and Fisherman's Wharf areas. * * * * SEC. 833. MUR - MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 833 MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE **** Zoning Category § References Mixed Use-Residential District Controls NON-RESIDENTIAL STANDARDS AND USES Development Standards **** * * * * Non-Retail Sales and § Service* **** **** * Not listed below (1) P in historic buildings per§ 803.9(b). * * * * Planning Department BOARD OF SUPERVISORS **** Pgf **** Page 23 SEC.1110. CONSTRUCTION, ALTERATION OR DEMOLITION OF SIGNIFICANT OR CONTRIBUTORY BUILDINGS OR BUILDINGS IN CONSERVATION DISTRICTS. * * * * (g) Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11: * * * * (3) When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations; & (4) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements of subsection 207(c)(6) of this Code,:_ (5) When the application is for a permit to install business signs or awnings as defined in Section 602 o{this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section I I I I. 6.· or (6) When the application is for a permit to install low-profile skylights that are not visible from a public right-of way or public park, provided that the improvements conform to the requirements set forth in Section I I I I. 6. * * * * Planning Department BOARD OF SUPERVISORS Page 24 SEC.1111.1 DETERMINATION OF MINOR AND MAJOR ALTERATIONS. * * * * (c) All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Section 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein: * * * * (3) When the application is for a permit to install non ·,;isihl,e rooftop appurtenances that are not visible from a public right-of way or public park, to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code· or-:- (4) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District. provided that signage, awnings, and transparency conform to the requirements set forth in Section I I I I. 6,· or (5) When the application is for a permit to install low-profile skylights that are not visible from a public right-of way or public park, provided that the improvements conform to the requirements set forth in Section I I I I. 6. * * * * Section 3. Zoning Table Amendments. The Planning Code is hereby amended by revising Table 710, Table 711, Table 712, Table 713, Table 714, Table 715, Table 716, Table 717, Table 718, Table 719, Table 720, Table 721, Table 722, Table 723, Table 724, Table 725, Table 726, Table 727, Table 728, Table 729, Table 730, Table 731, Table 732, Table 733, Table 734, Table 735, Table 736, Table 737, Table 738, Table 739, Table 740, Table Planning Department BOARD OF SUPERVISORS Page 25 741, Table 742, Table 743, Table 744, Table 745, Table 750, Table 751, Table 752, Table 753, Table 754, Table 755, Table 756, Table 757, Table 758,Table 759, Table 760, Table 761, Table 762, Table 763, Table 764, 780.1, to read as follows: (a) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "100 square feet per unit if private, or 133 square feet per unit if common" to "100 square feet if private, or 133 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less," as shown in the following sample Zoning Control Table: Zoning Zoning Category § References Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 100 square feet per unit if private, or 133 [Per Dwelling Unit] square feet per unit if common, or the amount of open space required in the nearest Residential District, whichever is less. Sec. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT Sec. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT Planning Department BOARD OF SUPERVISORS Page 26 Sec. 727. LAKESIDE VILLAGE 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. 751. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NCT-2 Sec. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT (b) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "80 square feet per unit if private, or 100 square feet per unit if common" to "80 square feet if private, or 100 square feet if common, or the amount of open space required in the nearest Planning Department BOARD OF SUPERVISORS Page 27 Residential District, whichever is less," as shown in the following sample Zoning Control Table: Zoning Zoning Category § References Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 80 square feet per tmit if private, or 100 [Per Dwelling Unit] square feet per unit if common, or the amount o(open space required in the nearest Residential District, whichever is less. Sec. 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 Sec. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 725. UNION STREET 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 Planning Department BOARD OF SUPERVISORS Page 28 Sec.752. NCT-3 MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT (c) Table 713. Neighborhood Commercial Shopping Center District NC-S shall be amended as follows: Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE * * * * NC-S Zoning Category § References Controls RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 Generally, either 100 square feet if private, [Per Dwelling Unit] or 133 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less. ( 1) * * * * (d) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "60 square feet if private, or 80 square feet if common" to "60 square feet if private, or 80 square Planning Department BOARD OF SUPERVISORS Page 29 feet if common, or the amount of open space required in the nearest Residential District, whichever is less," as shown in the following sample Zoning Control Table: Zoning Zoning Category § References Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 60 square feet if private, or 80 square feet if [Per Dwelling Unit] common, or the amount of open space required in the nearest Residential District, whichever is less. Sec. 714. Sec. 764. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT (e) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "80 square feet if private, or 100 square feet if common" to "80 square feet if private, or 100 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less," as shown in the following sample Zoning Control Table: Planning Department BOARD OF SUPERVISORS Page 30 Zoning Zoning Category § References Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 80 square feet if private, or 100 square feet [Per Dwelling Unit] if common. or the amount of open space required in the nearest Residential District, whichever is less. Sec. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Sec. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Sec. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Sec. 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL DISTRICT (f) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "60 square feet per unit if private, or 80 square feet per unit if common" to "60 square feet if Planning Department BOARD OF SUPERVISORS Page 31 private, or 80 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less" as shown in the following sample Zoning Control Table: Zoning Zoning Category § References Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 60 square feet per unit if private, or 80 [Per Dwelling Unit] square feet per unit if common, or the amount of open space required in the nearest Residential District, whichever is less. Sec. 722. Sec. 723. Sec. 761. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT (g) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Development Standards in the Residential Standards and Uses controls for Usable Open Space [Per Dwelling Unit] from "100 square feet if private, or 133 square feet if common" to "100 square feet if private, or 133 square feet if common, or the amount of open space required in the nearest Residential District, whichever is less," as shown in the following sample Zoning Control Table: I Zoning Category Planning Department BOARD OF SUPERVISORS § References Zoning Page 32 Control RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§ 135, 136 100 square feet if private, or 133 square feet [Per Dwelling Unit] Sec. 729. Sec. 750. if common, or the amount o(open space required in the nearest Residential District, whichever is less. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT NCT-1 NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT (h) Article 7 of the Planning Code is hereby amended by revising the Zoning Control Tables for each of the Sections listed below to change the Street Frontage and Public Realm requirements in the Building Standards controls for Vehicular Access Restrictions from "None" to "See Section 155(r)," as shown in the following sample Zoning Control Table: Zoning Category § References BUILDING STANDARDS * * * * Street Frontage and Public Realm * * * * Planning Department BOARD OF SUPERVISORS Zoning Control Page 33 Vehicular Access §155(r) See Section J 55(r)Nene- Restrictions Sec. 716. INNER CLEMENT NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 717. OUTER CLEMENT NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 720. EXCELSIOR OUTER MISSION 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. 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. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 758. REGIONAL COMMERCIAL DISTRICT Sec. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Sec. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Planning Department BOARD OF SUPERVISORS Page 34 1 1 (i) Table 757. Folsom Street Neighborhood Commercial Transit District shall be revised as follows: * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Folsom Street NCT Zoning Category § References Controls RESIDENTIAL STANDARDS AND USES Development Standards Usable Open Space §§135,136, 80 square feet per unit if private, or 100 [Per Dwelling Unit] 823(c)(2) square feet per unit if common reeftiecks de net quelifj·., or the amount of open space required in the nearest Residential District, whichever is less. Roo{decks do not qualifi!.. * * * * U) The table in Section 780.1, Lakeshore Plaza Special Use District shall be revised as follows: Planning Department BOARD OF SUPERVISORS Page 35 SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT. * * * * Zoning Category No. Controls .70 Non-Retail Sales and Services A6ll'l1inistrative services are permitted as principal uses at the first, second, and third stories. .95 Private Parking Garages Community residential garttges are permitted as conditional uses at the first story and below and not permitted above the first story. * * * * Section 4. Chapter 107 of the Administrative Code is amended by revising Sections 107.3 and 107.5, as follows: SEC. 107.3 LIST OF ESTABLISHED CULTURAL DISTRICTS. The Cultural Districts of the City and County of San Francisco are: * * * * (d) Cempton 's Transgender Cultural District. The Cultural District shall include the area defined as the north side of Market Street between Taylor Street and Jones Street, the south side of Ellis Street between Mason Street and Taylor Street, the north side of Ellis Street between Taylor Street and Jones Street, and 6th Street (on both sides) between Market Street and Howard Street. SEC.107.5. ADDITIONAL STEPS FOR CULTURAL DISTRICTS ESTABLISHED BEFORE JUNE 1, 2018. f6t) The Mayor's Office of Housing and Community Development shall prepare CHHESS reports following the process set forth in Section 107.4(b)(5)-(7) regarding Calle 24 Planning Department BOARD OF SUPERVISORS Page 36 (Veinticuatro) Latino Cultural District, SoMa Pilipinas - Filipino Cultural Heritage District, Compton's Transgender Cultural District, and the Leather Lesbian, Gay, Bisexual, Transgender, Queer Cultural District. The Mayor's Office of Housing and Community Development shall produce CH HESS reports regarding at least two of these four Districts by no later than July 1, 2019, and shall produce CH HESS reports regarding the other two Districts by no later than July 1, 2020. In preparing the CH HESS reports, the Mayor's Office of Housing and Community Development shall consult with appropriate departments in its discretion and coordinate with people and organizations in the Districts. By no later than January 15, 2019 the Mayor's Office of Housing and Community Development shall submit to the Board of Supervisors and the Mayor a written report describing the Office's plan for preparation of these reports. Section 5. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the 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 6. Scope of Ordinance. (a) Earlier versions of this Ordinance contained amendments to Section 121.1 and Section 134 of the Planning Code. Because of the enactment of Ordinance No. 248-23, this ordinance now omits any amendments to Section 121.1. In addition, because Ordinance 248- 23 amended Section 134 of the Planning Code, this ordinance reflects amendments to Section 134(d) of the Planning Code as revised by Ordinance 248-23. (b) 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 Planning Department BOARD OF SUPERVISORS Page 37 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: Isl KRISTEN A. JENSEN KRISTEN A. JENSEN Deputy City Attorney n:\legana\as2024\2300277\01732775.docx Planning Department BOARD OF SUPERVISORS Page 38 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 231144 Date Passed: February 13, 2024 Ordinance amending the Planning and Administrative Codes to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. January 22, 2024 Land Use and Transportation Committee - CONTINUED January 29, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE January 29, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED February 06, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton February 13, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Printed at 8:25 am on 2/14124 File No. 231144 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 2/13/2024 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 8:25 am on 2/14/24