o0063-20

63-20 FILE NO. 200077 SUBSTITUTED 3/3/2020 [Planning, Various Codes- Technical Corrections] ORw1NANCE NO. Ordinance amending the Planning Code to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; amending Article 4 to move the language regarding timing of fee payments to the beginning of the Article and cross-reference it in the individual impact fee sections, and to add an additional fee waiver based on the replacement of gross floor area in buildings damaged or destroyed by fire or other calamity; amending the Administrative, Health, and Police Codes to correct outdated Planning Code cross- 1 o references; affirming the Pianning Department's deterrnination under the California Environmental Quality Act; making findings of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 Aria! font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in striketltrough italics Times }lmv Roman font. Board amendment additions are in double-underlined Aria! 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 Planning Commission BOARD OF SUPERVISORS Page 11 I Supervisors in File No. 200077 and is incorporated herein by reference. The Board affirms this determination. (b) On December 12, 2019, the Planning Commission, in Resolution No. 20593, 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 1 01.1. 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. 200077, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 102, 132, 134, 138, 138.1, 142, 155, 172, 175.6, 181,186.3, 190,201, 204.5, 205.4, 206.3, 206.5, 207, 207.6, 209.1' 209.2, 209.3, 210.1' 240, 240.1' 249.1' 249.33, 249.35, 249.35A. 249.40, 249.52, 249.59, 249.60, 249.63, 249.70, 249.74, 249.76, 249.78, 249.80, 260, 262, 263.32, 303, 303.1, 304,305,311,317,401,402,406, 412.6, 413.6, 414.8, 414A.4, 415.5, 415.6, 416.3, 417.3, 418.3, 419.3, 420.3, 421.3, 422.3, 423.3, 423.5, 424.3, 429.1, 430, 432.2, 433.2, 603, 607.1' 607.2, 703, 703.9, 710, 711' 712, 713, 720, 722, 725, 726, 727, 729, 742, 758, 759, 763, 764, 780, 780.1' 780.3, 781.9, 788, 803.2, 803.3, 803.4, 803.9, 810, 811' 812, 840, 841, 842, 844, 845, 846, 848, and Appendix C to Article 11, to read as follows: SEC. 102. DEFINITIONS. * * * * Accessory Use. A related minor Use that is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or appropriate, incidental, and subordinate to any such use, and is located on the same lot. Accessory Uses are regulated by Sections 204 through 204.5 and Sections 703(d), 803.2(d), 803.3(b)(1)(C), tmd 825(c)(1)(C), and 986 of this Code. * * * * Planning Commission BOARD OF SUPERVISORS Family. A single and separate living unit, consisting of either one person, or two or more persons related by blood, marriage or adoption or by legal guardianship pursuant to court order,;- plus necessary domestic servants and not more than three roomers or boarders; a group of not more than five persons unrelated by blood, marriage or adoption, or such legal guardianship unless the group has the attributes of a family in that it (a) has control over its membership and composition; (b) purchases its food and prepares and consumes its meals collectively; and (c) determines its own rules or organization and utilization of the residential space it occupies. A group occupying group housing or a hotel, motel, or any other building or portion thereof other than a Dwelling, shall not be deemed to be a family. * * * * Institutional Use. A Use Category that includes Child Care Facility, Community Facility, Private Community Facility, Hospital, Job Training, Medical Cannabis Dispensary, Philantlzropic Administratiw Services, Religious Institution, Residential Care Facility, Social Service or Philanthropic Facility, Post-Secondary Educational Institution, Public Facility, School, and Trade School. * * * * Massage Establishment. A Retail Sales and Service Use defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, "Massage Establishment" shall include both a "Massage Establishment" and a "Sole Practitioner Massage Establishment," as these terms are defined in Section 29.5 of the Health Code. The Massage Establishment shall first obtain a permit from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25 of the Health Code. (a) Controls. },{assage Establishments require a Conditimwl Use authorizationfrom tlw Planning Commission, pursuant to Section 303 &jtlds Code. When consideriJqg an application for a Planning Commission BOARD OF SUPERVISORS I Page 31 Conditional Use authorization pursuant to this subsection (a), tlw Planning Commission shall consider, in addition to the criteria listed in &ction 303(c), tlw criteria outlined in &ction 303(n). (b) Exceptions. A }..fassage Establishment shall not require a Conditional Use authorization ifthe Afassage Establishment satisfies one or more oftlw follmving conditions: (I) The massage use is accessory to a principal use, ift,'?e massage use is accessed by the principal use and ~4) t,'?e principal use is a dwelling unit and the massage use conforms to the requirements ~f&ction 20 4.1, for accessory uses for d',tJelling units in R or }lC districts; or (B) the principal use is a Tourist Hotel that contains 100 or more rooms or an 1 0 Institutional Use as defined in this Code. (2) The only massage service pro-vided is chair massage, such service is visible to the public, and customers are fully clothed at all times. (3) It is a Sole Practitioner }..fassage Establishment, as defined in &ction 29. 5 o.fthe Health Code. * * * * Residential Use. A Use Category consisting of uses that provide housing for San Francisco residents, rather than visitors, including Dwelling Units, Group Housing, Residential Hotels, and Senior Housing, Homeless Shelters, and for the purposes of Article 4 only any residential components of Institutional Uses. Single Room Occupancy and Student Housing designations are considered characteristics of certain Residential Uses. * * * * Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703(d), 803.2(d) I II Planning Commission BOARD OF SUPERVISORS Page 41 II 803.2(b)(l)(C), 803.3(b)(1)(C) and 825(c)(1)(C) depending on the zoning district in which it is located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses, pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. Within the North Beach SUD, it is also distinct from Specialty Food Manufacturing, as defined in Section 780.3(b). It shall not provide on-site beer and/or wine sales for consumption on the premises, but may sell beer and/or wine for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine), if all areas devoted to the display and sale of alcoholic beverages thtH occupy less than 15% of the Occupied Floor Area I of the establishment. Such businesses shall operate with the specified conditions in Section I 202.2(a)(1). * * * * Senior Housing. A Residential Use defined as dwellings that are specifically designed for and occupied by senior citizens. Senior Housing is subject to the conditions listed in Section 202.2(fh). * * * * Service, Business. A Non-Retail Sales and Service Use that provides the following kinds of services primarily to businesses and/or to the general public and does not fall under the definition of Office: radio and television stations, newspaper bureaus, magazine and trade publication publishing, microfilm recording, slide duplicating, bulk mail services, parcel shipping services, parcel labeling and packaging services, messenger delivery/courier services, sign painting and lettering services, or building maintenance services. * * * * Service, Non-Retail Professional. A Non-Retail Sales and Service Office Use that provides professional services primarily to other businesses including, but not limited to, accounting, I Planning Commission BOARD OF SUPERVISORS Page 51 legal, consulting, insurance, real estate brokerage, advertising agencies, public relations agencies, computer and data processing services, employment agencies, management consultants and other similar consultants, telephone message services, and travel services. This use may also provide services to the general public but is not required to. This use shall not include research services of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health-care professional or hospital. * * * * Service, Retail Professional. A Retail Sales and Service Use that provides primarily to the general public, general business, or professional services including, but not limited to, management, clerical, accounting, legal, consulting, insurance, real estate brokerage, and travel services. It may provide services to the business community, provided that it also provides services to the general public. Otherwise, it shall be considered a Non-Retail Professional Service Use as defined in this Section 102. This use does not include research service of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health- care professional or hospital. * * * * Student Housing. A Residential Use characteristic defined as a living space for students of accredited Post-Secondary Educational Institutions that may take the form of Dwelling Units, Group Housing, or SRO Uni~ and is owned, operated, or otherwise controlled by an accredited Post-Secondary Educational Institution. Unless expressly provided for elsewhere in this Code, the use of Student Housing is permitted where the form of housing is permitted in the underlying Zoning District in which it is located. Student Housing may consist of all or part Planning Commission BOARD OF SUPERVISORS Page 61 of a building, and Student Housing owned, operated, or controlled by more than one Post- Secondary Educational Institution may be located in one building. SEC. 132. FRONT SETBACK AREAS IN RTO, RH, AND RM DISTRICTS AND FOR REQUIRED SETBACKS FOR PLANNED UNIT DEVELOPMENTS. * * * * (d) Applicability to Special Lot Situations. (1) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 1 02 Q[this Code, or a lot at the intersection of a Street and an Alley or two Alleys, a front setback area shall be required only along the Street or Alley elected by the owner as the front of the property. Along such Street or Alley, the required setback for the subject lot shall be equal to one-half the front setback of the adjacent building. SEC. 134. REAR YARDS,-JNR, RC, NC, C, SPD, M, MUG, WMUG, MUO, MUR, UMU, RED, AND RED-MX DISTRICTS. * * * * (c) Basic Requirements. The basic rear yard requirements shall be as follows for the districts indicated: * * * * (2) RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific Avenue NC District, C, M, MUG, WMUG, MUO, CMUO, MUR, UMU, RED, RED-MX, and SPD Districts. Except as specified in this subsection (c), the minimum rear yard depth shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet. (A) For buildings containing only SRO Units in the Eastern Neighborhoods Mixed Use Districts, the minimum rear yard depth shall be equal to 25% of the total depth of the lot on which the building is situated, but the required rear yard of SRO II Planning Commission BOARD OF SUPERVISORS Page 7 buildings not exceeding a height of 65 feet shall be reduced in specific situations as described in subsection (e) below. (B) To the extent the lot coverage requirements of Section 249.78 apply to a project, those requirements shall control, rather than the requirements of this Section 134. (CA) RH-1(D), RH-1, RH-1(S), RM-3, RM-4, NC-1, NCT-1, Inner Sunset, Outer Clement Street, Cole Valley, Haight Street, Lakeside Village, Sacramento Street, 24th Street-Noe Valley, and West Portal Avenue Districts. Rear yards shall be provided at grade level and at each succeeding level or story of the building. (DB) NC-2, NCT -2, Ocean Avenue, Inner Balboa Street, Outer Balboa Street, Castro Street, Cortland Avenue, Divisadero Street NCT, Ex celsior 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, 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. [Note: Diagram omitted but not deleted.] (E.G) RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore Street m, Geary Boulevard, Hayes- Gough m, Japantown, SoMa NCT, Mission Bernal, Mission Street m, Polk Street, Lower Polk Street, Pacific Avenue, C, M, SPD, MUR, MUG, MUO, and UMU Districts. Rear yards shall be provided at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. In the Hayes-Gough NCT, lots fronting the east side of Octavia Boulevard between Linden and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U, and V) are not required to provide rear yards at any level of the building, provided that the project fully meets the usable open space I Planning'Commission BOARD OF SUPERVISORS Page 81 requirement for Dwelling Units pursuant to Section 135 of this Code, the exposure requirements of Section 140, and gives adequate architectural consideration to the light and air needs of adjacent buildings given the constraints of the project site. (fJJ) Upper Market Street NCT. Rear yards shall be provided at the grade level, and at each succeeding story of the building. For buildings in the Upper Market Street NCT that do not contain Residential Uses and that do not abut adjacent lots with an existing pattern of rear yards or mid-block open space, the Zoning Administrator may waive or reduce this rear yard requirement pursuant to the procedures of subsection (h). (GE) RED, RED-MX and WMUG Districts. Rear yards shall be provided at the ground level for any building containing a Dwell ing Dwelling Unit, and at each succeeding level or story of the building. * * * * (e) Reduction of Requirements in RH-2, RH-3, RTO, RTO-M, RM-1,, and RM-2 Districts. The rear yard requirement stated in subsection subsection (c)(3) above and as stated in subsection subsection (c)(2)(A) above for SRO buildings located in the Eastern Neighborhoods Mixed Use Districts not exceeding a height of 65 feet, shall be reduced in specific situations as described in this subsection (e), based upon conditions on adjacent lots. Except for those SRO buildings referenced above in this subsection (e) whose rear yard can be reduced in the circumstances described in subsection (e) to a 15-foot minimum, under no circumstances shall the minimum rear yard be thus reduced to less than a depth equal to 25% of the total depth of the lot on which the building is situated, or to less than 15 feet, whichever is greater. * * * * (2) Alternative Method of Averaging. If, under the rule stated in subsection (e)(1) above, a reduction in the required rear yard is permitted, the reduction may alternatively Planning Commission BOARD OF SUPERVISORS Page 9 be averaged in an irregular manner; provided that the area of the resulting reduction shall be no more than the product of the width of the subject lot along the line established by subsection (e)(1) above times the reduction in depth of rear yard permitted by Paragraph subsection (e)(1 ); and provided further that all portions of the open area on the part of the lot to which the rear yard reduction applies shall be directly exposed laterally to the open area behind the adjacent building having the lesser depth of its rear building wall. ept,~ of its rear building wall. * * * * SEC. 138. PRIVATELY~OWNED PUBLIC OPEN SPACE (POPOS) REQUIREMENTS. (a) Applicability. The following projects shall provide open space in the amount and in accordance with the standards set forth in this Section: (1) In C-3 Districts, any project proposing new construction of a Non- Residential building or an addition of Gross Floor Area equal to 20% percent or more of an existing Non-Residential building. Institutional and Residential :uUses in C-3 Districts are exempt from the requirements of this Section 138. (2) In the Central SoMa Special Use District, any project proposing new construction or an addition of 50,000 gross square feet or more of Non-Residential use. Retail, Institutional, and PDR uses in the Central SoMa Special Use District are exempt from the requirements of this Section 138. * * * * (c) Location. The open space required by this Section may be on the same site as the project for which the permit is sought, or within 900 feet of it on either private property or, with the approval of all relevant public agencies, public property, provided that all open space required by this Section for a project within the C-3 District shall be located entirely within the C-3 District. Projects within the Central SoMa Special Use District may provide the open Planning Commission BOARD OF SUPERVISORS Page 10 space required by this Section 138 within one-half mile of the project if the required open space is on publicly-owned land underneath or adjacent to the 1-80 freeway,_ Open space is within 900 feet of the building for which the permit is sought within the meaning of this Section 138 if any portion of the project is located within 900 feet of any portion of the open space. Off- site open space shall be developed and open for use prior to issuance of a first certificate of occupancy, as defined in Section 401 of this Code, of the project whose open space requirement is being met off-site. Failure to comply with the requirements of this subsection {f)_ shall be grounds for enforcement under this Code, including but not limited to the provisions of Sections 176 and 176.1. * * * * SEC.138.1. STREETSCAPE AND PEDESTRIAN IMPROVEMENTS. * * * * Table 2. Recommended Sidewalk Widths by Street Type Commercial Planning Commission BOARD OF SUPERVISORS Street Type (per Better Streets Plan) Downtown commercial Recommended Sidewalk Width (Minimum required for new streets) For Downtown Commercial Streets that are sited within the Downtown Streetscape Plan Area, the recommended sidewalk width shall be the width recommended in the Page 11 I 9 I II Downtown Streetscape Plan. For Downtown Commercial Streets that are sited outside of the Downtown Streetscape Plan Area, the recommended sidewalk =with width shall be 15 feet. * * * * * * * * * * * * ~ * * * * SEC. 142. SCREENING AND GREENING OF PARKING AND VEHICULAR USE AREAS. Off-street parking and Vehicular Use Areas adjacent to the public right-of-way shall be screened as provided in this Section. * * * * (b) Vehicular Use Areas That Are Greater than 25 Linear Feet along the Public Right-of-Way. All lots containing Vehicular Use Areas where such area has more than 25 linear feet along any public right-of-way shall provide screening in accordance with the requirements of this Section 142 and the Ornamental Fencing definition in Section 102. The following instances shall trigger the screening requirements for these Vehicular Use Areas: * * * * (2) Any repair,_ rehabilitation,_ or expansion of any existing Vehicular Use Area, if such repair, rehabilitation or expansion would increase the number of existing parking spaces by either more than 20% or by more than four spaces, whichever is greater; or * * * * I ! I I I l I Planning Commission BOARD OF SUPERVISORS Page 121 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, regulation qfgarage 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) occur on the Streetfi-ontagcs listed below. 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 ' 1 0 protected street frontage described in this subsection (r) shall be exempted from any off-street parking or loading requirement found elsewhere in this Code. * * * * (2) Not permitted: * * * * (LL) Pine Street between Van Ness Avenue and Larkin Street, and (MA1) ,Vo curb cut shall be permitted ttzat directly fronts an adjacent on street striped bus stop (e.g., bus stop zones ·with striping or red curb) that has been appro',Jed by the San Francisco A1unicipal Transportation Agency (SFM:TA) Board ofDirectors, transit bulb out as defined in the Better Streets Plan, or on streetfrontage directly adjacent to a·transit boarding island as defined in the Better Streets Pkm if'.-·ehicles accessing the curb cut would be required to cross mer fttze boarding island. (MM GG) Howard Street from 5th Street to 13th Street, (NN HH) Folsom Street from 2nd Street to 13th Street, II (00 II) Planning Commission BOARD OF SUPERVISORS Brannan Street from 2nd Street to 6th Street, Page 13 (PP JJ) Townsend Street from 2nd Street to 6th Street, except as permitted pursuant to Section 329(e)(3)(B), (QQ KK) 3rd Street from Folsom Street to Townsend Street, (RR fb) 4th Street from Folsom Street to Townsend Street, and (MM S&) 6th Street from Folsom Street to Brannan Street. {I.Il No curb cut shall be permitted that directly fronts an adjacent on-street striped bus stop (e.g., bus stop zones with striping or red curb) that has been approved by the San Francisco Municipal Transportation Agency (SFMTA) Board o[Directors, transit bulb-out as defined in the Better Streets Plan. or on street frontage directly adjacent to a transit boarding island as defined 1 0 in the Better Streets Plan i[ vehicles accessing the curb cut would be required to cross over the boarding island. (3) Not permitted without Conditional Use authorization or Sections 309 or 329 exception. In the C-3-0(SD) and the Central SoMa Special Use Districts, the Planning Commission may grant permission for a new curb cut or an expansion of an existing one as an exception pursuant to Sections 309 or 329 in lieu of a Conditional Use authorization as long as the Commission makes the findings required under Section 303(y) and where the amount of parking proposed does not exceed the amounts permitted as accessory according to Section 151.1. In addition, in the MUG, WMUG, MUR, MUO, RED, RED-MX, and SPD Districts, the Planning Commission may grant permission for a new curb cut or an expansion of an existing one as an exception pursuant to Section 329 in lieu of a Conditional Use authorization as long as the Commission makes the findings required under Section 303(y). A Planning Commission Conditional Use authorization subject to the additional findings under Section 303(y) is required to allow a new curb cut or expansion of an existing one on any other restricted street identified in this subsection 155(r)(3). Planning Commission BOARD OF SUPERVISORS Page 141 I I I II I (A) Except as provided in Section 155(r), in all zoning districts except RH, M, NC-S, P, PDR, and SALI, no curb cuts accessing off-street parking or loading shall be created or expanded on street frontages identified along any Transit Preferential Street as designated in the Transportation Element of the General Plan, or Neighborhood Commercial Street and Commercial Throughways, as defined in the Better Streets Plan, or any SFMTA Board of Directors adopted bicycle routes or lanes, where an alternative frontage is available. On such bicycle& routes or lanes where the bicycle facility is only on one side of the street, the curb cut restriction shall apply to the side of the street with the bicycle facility, and shall not apply to the opposite side of the street. * * * * (M) Dolores Street from Market Street to 16th Street. (N K) Harrison Street from 2nd Street to 6th Street, (0 b) Bryant Street from 2nd Street to 6th Street, and (f.. M) 5th Street from Howard Street to Townsend Street. (4) 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 as defined in the Better Streets Plan, or any SFMTA Board of Directors adopted Clas5' II Bikeways (bicycle lanes m9d buffered bike lanes) or Class !VBikmvays (protected bicycle lanes) 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 Commission BOARD OF SUPERVISORS Page 151 SEC. 172. COMPLIANCE OF STRUCTURES, OPEN SPACES, AND OFF-STREET PARKING AND LOADING REQUIRED. (a) No structure shall be constructed, reconstructed, enlarged, altered, or relocated so as to have or result in a greater height, bulk, or Floor Area Ratio, less Required Open Space as defined in Section 102 Q[this Code, or less off-street loading space, than permissible under the limitations set forth herein for the district or districts in which such structure is located:-; provided, however, that, except in the North Beach-Telegraph Hill Residential Special Use District, for the purpose of creating habitable sp~ce or an Accessory Dwelling Unit pursuant to Section 207(c)(4) of this Code where the exception is in consideration of the property owner entering into a Regulatory Agreement pursuant to Section 207(c)(4)(H) subjecting the ADU to the San Francisco Rent Stabilization and Arbitration Ordinance, and as long as the number of above-ground building stories is not increased: (1) the ceiling height of an existing building story in a lawfully-existing nonconforming structure may be increased to create an interior floor-to-ceiling height of up to nine feet; and/or (2) a flat roof may be replaced with a pitched roof. The alterations permitted by subsections (a)(1) and (a)(2) above shall be subject to applicable design guidelines, including the Residential Design Guidelines, for the zoning district in which the building is located. If a building is a historic resource or located in a historic district, the alterations shall also comply with applicable Secretary of Interior be Standards and other Code provisions pertaining to historic properties. Building heights shall measured according to the procedures of Section 260. * * * * SEC.175.6. EFFECTIVE DATE OF THE EASTERN NEIGHBORHOODS ZONING CONTROLS. II Planning Commission BOARD OF SUPERVISORS Page 16 * * * * (b) Applicability. This Section applies only to the specific types of development projects identified herein and that are subject to changed regulations or procedures as a result of the Eastern Neighborhoods Controls and are located in an Eastern Neighborhoods Mixed Use District, an SL! District, or any PDR, R, or NC District located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423. This Section shall not apply to any other project. SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION. The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction: * * * * (f) Nighttime Entertainment Uses in Certain Mixed-Use Districts. A nNighttime c&ntertainment use within the MUG or MUR Districts may be enlarged, intensified, extended, or expanded, including the expansion to an adjacent lot or lots, provided that: (1) the enlargement, intensification, extension or expansion is approved as a e-Conditional uUse pursuant to Sections 303 and 316 of this Code; (2) the use as a whole meets the parking and signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code that would apply if the use were a permitted one; and (3) the provisions of Section 803.5(b) of this Code are satisfied. · SEC. 186.3. NON-RESIDENTIAL USES IN LANDMARK BUILDINGS IN RH1 .ANJ) RM, RTO, AND RTO-M DISTRICTS. Any use listed as a pfrincipal ore-Conditional uUse permitted on the ground floor in an NC-1 District, when located in a structure on a landmark site designated pursuant to Article 10 of this Code, is permitted with Conditional Use authorization pursuant to Section 303 of this Planning Commission BOARD OF SUPERVISORS Page 17 Code, provided that no -eConditional :uUse shall be authorized under this provision unless (1) such authorization conforms to the applicable provisions of Section 303 of this Code, and (2) the specific use so authorized is essential to the feasibility of retaining and preserving the landmark. SEC. 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS. (a) Conversion of MCDs with Planning Commission Approval to Cannabis Retail Uses. * * * * (3) A Grandfathered MCD is subject to all other Planning Code requirements, including but not limited to the neighborhood notification requirement of Section 311 ~. * * * * SEC. 201. CLASSES OF USE DISTRICTS. In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts: * * * * Eastern Neighborhoods Mixed Use Districts (Also see Sec. 802.41 CMUO Central SoMa Mixed Use - Office District (Defined in Sec. 848) SPD South Park District (Defined in Sec. 814) MUG Mixed Use - General (Defined in Sec. 840) MUO Mixed Use - Office (Defined in Sec. 842) MUR Mixed Use - Residential (Defined in Sec. 841) UMU Urban Mixed Use (Defined in Sec. 843) RED Residential Enclave District (Defined in Sec. 813) RED-MX Residential Enclave District- Mixed (Defined in Sec. 847) ~MUG ~estern SoMa Mixed Use- General (Defined in Sec. 844) ~MUO ~estern SoMa Mixed Use - Office (Defined in Sec. 845) I Planning Commission BOARD OF SUPERVISORS Page 181 SALI Service/Arts/Light Industrial (Defined in Sec. 846) * * * * SEC. 204.5. PARKING AND LOADING AS ACCESSORY USES. In order to be classified as an Accessory Use, off-street parking and loading shall meet all of the following conditions: * * * * (b) Parking Accessory to Dwellings. Unless rented on a monthly basis to serve a nearby resident as described in subsection (c) below, required accessory parking facilities for any Dwelling in any R District shall be limited, furl;her, to storage of private passenger automobiles, private automobile trailers, boats, bicycle parking,_ scooters, motorcycles, and car-share vehicles as permitted by Section 150 and trucks of a rated capacity not exceeding three-quarters of a ton. * * * * SEC. 205.4. TEMPORARY USES: INTERMITTENT ACTIVITIES. An intermittent activity is an outdoor use which, while occasional, occurs with some routine or regularity. Intermittent activities include, but are not limited to, the following uses: mobile food facilities, farmers markets, and open-air craft markets. Such uses typically require additional authorization(s) from other City Departments. An intermittent activity may be authorized as a temporary use for a period not to exceed one year. (a) In all Districts other than RH, RM, RED, and RTO Districts an intermittent activity is permissible if it satisfies all of the following conditions: * * * * Planning Commission BOARD OF SUPERVISORS Page 191 (4) If located in a District that is subject to any of the neighborhood notification requirements as set forth in Section 311 ~of this Code, notification pursuant to Section 311 ~shall be required as follows: * * * * (D) Notwithstanding Subsections (4)(A) and (B) above, and in order to eliminate redundant notification, notification shall not be required for the resumption of an intermittent activity or the extension of time for an intermittent activity when all of the following criteria are met: (i) an intermittent activity is currently authorized on the property or has been authorized on the property within the 12 months immediately preceding the filing of an application for resumption or extension; (ii) the existing or recent intermittent activity lawfully exceeds or exceeded the thresholds of Subsections (4)(A) and/or (B), above, and was the subject of neighborhood notice under Section 311 ~at the time of its establishment; and (iii) the intermittent activity would not further exceed the thresholds of Subsections (4)(A) and/or (B), above. * * * * SEC. 206.3. HOUSING OPPORTUNITIES MEAN EQUITY - SAN FRANCISCO PROGRAM. (a) Purpose. This Section 206.3 sets forth the HOME-SF Program. The HOME-SF Program or "HOME-SF" provides benefits to project sponsors of housing projects that set aside residential units onsite at below market rate rent or sales price in an amount higher than the amount required by the lnclusionary Housing Ordinance. The purpose of HOME-SF is to expand the number of below market rate units produced in San Francisco and provide housing opportunities to a wider range of incomes than traditional affordable housing programs, such as the City's lnclusionary Affordable Housing Program, Planning Code Sections 415_et seq.,, which typically provide housing only for very low, low or moderate income households. The purpose of HOME-SF also is to provide an alternative method of Planning Commission BOARD OF SUPERVISORS Page 20 complying with the on-site inclusionary option set forth in Section 415.6. HOME-SF allows market-rate projects to match the City's shared Proposition K (November 2014) housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households. * * * * (f) Temporary provisions. To facilitate the construction of HOME-SF projects, and based on information from the inclusionary housing study prepared for the Divisadero and Fillmore Neighborhood Commercial Transit District, in Board of Supervisors File No. 151258, and the Office of the Controller's lnclusionary Housing Working Group final report (February 2016), the HOME-SF program shall include development incentives as specified in this subsection (f) based on the amount and level of affordability provided in this subsection (f) . .,. For any development project that has submitted a complete Development Application prior to January 1, 2020, subsections (c)(1) and (d)(1), (d)(2), and (d)(3) shall not apply, and the provisions in this subsection (f) shall apply. For any development project that submits a complete Development Application on or after January 1, 2020, this subsection (f) shall apply until such time as it may be amended based on the Triennial Economic Feasibility Analysis established in Section 415.10. * * * * SEC. 206.5. STATE RESIDENTIAL DENSITY BONUS PROGRAM: ANALYZED. * * * * (c) Development Bonuses. All Analyzed State Law Density Bonus Projects shall receive, at the project sponsor's written request, any or all of the following: Planning Commission BOARD OF SUPERVISORS Page 21 (1) Priority Processing. Analyzed Projects that provide 30% or more of Units as On-site lnclusionary Housing Units or Restricted Affordable Units that meet all of the requirements ~for an lnclusionary Housing Unit shall receive Priority Processing. * * * * SEC. 207. DWELLING UNIT DENSITY LIMITS. * * * * (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances: * * * * (4) Local Accessory Dwelling Unit Program.;. Accessory Dwelling Units I in Multifamily Buildings; Accessory Dwelling Units in Single-Family Homes That Do Not I Strictly Meet the Requirements in subsection (c)(6). I * * * * (B) Applicability. This subsection (c)(4) shall apply to the construction of Accessory Dwelling Units on all lots located within the City and County of San Francisco in areas that allow residential use, except that construction of an Accessory Dwelling Unit is regulated by subsection (c)(6), and not this subsection (c)(4), if all of the following circumstances exist: * * * * (iii) the ADU is either attached to or will be constructed entirely within the "living area" (as defined in subsection (c)(6)(B)(iii)) or the buildable area of the proposed or existing primary dwelling, or constructed within the built envelope of an existing and authorized auxiliary structure on the same lot;;' provided, however, that (A) when a stand- alone garage, storage structure, or other auxiliary structure is being converted to an ADU, an . 25 expansion to the envelope is allowed to add dormers even if the stand-alone garage, storage Planning Cornrnission BOARD OF SUPERVISORS Page 221 structure, or other auxiliary structure is in the required rear yard and (B) on a corner lot, a legal stand-alone nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block. * * * * (6) State Mandated Accessory Dwelling Unit Program: Accessory Dwelling Units in Existing or Proposed Single-Family Homes or in a Detached Auxiliary Structure on the Same Lot. * * * * (B) Lots Zoned for Single-Family or Multifamily Use and Containing an Existing or Proposed Single-Family Home; Controls on Construction. An Accessory Dwelling Unit located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed single-family dwelling and constructed pursuant to this subsection (c)(6) shall meet all of the following: * * * * (x) When a stand-alone garage, storage, or other auxiliary structure is being eon verted converted to an ADU, an expansion to the envelope is allowed to add dormers even if the stand-alone garage, storage structure, or other auxiliary struc f'blre structure is in the required rear yard. * * * * (H) Notification. Upon determination that an application is in compliance with the standards of subsection 207(c)(6) of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by I Planning Commission BOARD OF SUPERVISORS Page 231 the Building Code and shall have a format and content determined by the Zoning Administrator. This notice shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, and a graphic reference scale, existing and proposed uses or commercial or institutional business name, if known. The notice shall describe the project review process and shall set forth the mailing date of the notice. * * * * (ii) The notification package for a project subject to notice under this subsection 207(c)(6) shall include a written notice and reduced-size drawings of the · project. The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard, depthL.side, setbacks, building height, number of stories, dwelling unit count and use of the building. SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR, EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE POLK STREET AND PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * (c) Controls. For all RTO, RCD and NCT districts, as well as DTR, Eastern Neighborhoods Mixed Use Districts and the Pacific Avenue and Polk Street NCDs, one of the following three must apply,: f * * * * SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Planning Commission BOARD OF SUPERVISORS Page 241 Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning § RH- RH-1 RH- RH-2 RH-3 Category References 1(D) 1(S) BUILDING STANDARDS Massing and Setbacks * * * * * * * * * * * * * * * * * * * * 45% of lot depth or average of Rear Yard §§ 130, 134 ~ 30% of lot depth, but in adjacent neighbors. If averaged, no no case less than 15 feet. less than 25% or 15 feet, whichever is greater. I**** I**** I**** I**** I SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning § References RM-1 RM-2 RM-3 RM-4 Category BUILDING STANDARDS Massing and Setbacks Height and Bulk §§ 102, 105, 106, 250-252, 253, Varies, See Height and Bulk Map and referenced sections. Height sculpting on Limits 260, 261.1, 270, 271 Alley_s per~ 261.1. * * * * * * * * * * * * SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * I II Planning Commission BOARD OF SUPERVISORS Page 251 Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category § References RC-3 RC-4 BUILDING STANDARDS Massing and Setbacks Varie~dL See else Height and Bulk Height and Bulk §§ 102, 105, 106, 122,250-252, District Map and referenced Limits 260, 261.1, 270, 271 sections. Height scul72ting on Alley_s J2er ~ 261.1. * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards §§ Floor Area Ratio 102, 3.6 to 1. 4.8 to 1. Other FAR controls apply 123, in the Van Ness SUD; § 243(c)(1 ). * * * * SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. * * * * Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS Zoning Category _I § References I C-2 * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * I* * * * I**** Plannin Commission II BOAR~ OF SUPERVISORS Page 261 Residential Parking Requirements §.{151, 155,161 None required. None Required. Maximum permitted per§ 151. * * * * * * * * * * * * * * * * SEC. 240. WATERFRONT SPECIAL USE DISTRICT. * * * * (c) Waterfront Design Review Process. * * * * (8) The determination of the Committee on urban design issues related to the 1 o proposed project shall be final as to those design issues, except as provided below. The Committee shall transmit the design recommendations to the Planning Department and Port, and to the Bay ConseNation and Development Commission for proposed projects within its jurisdiction, within five days following the Committee action for consideration by those agencies prior to any action on the project. (A) For a project that is permitted as a p£rincipal uUse, the Planning Commission can, by majority vote within 14 days of receipt of the design recommendations of the Committee, make a determination to review the design recommendations. If the item cannot be calendared for 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 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 Planning Commission BOARD OF SUPERVISORS Page 27 Commission, by majority vote, may adopt, amend or reject the design recommendations of the Committee, subject to the same standards and criteria that govern Committee decisions as provided in S~ubsection (c)(6) above. If the Port Commission accepts the design recommendations of the Committee 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 modify the design recommendations of the Committee, the Port Commission may request Planning Commission review of the design recommendations of the Committee. The Planning Commission shall schedule a public hearing and review the design recommendations of the Committee within 20 days following receipt of the request, if legally adequate environmental documents have be~n 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. 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 eConditional uUses. 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. * * * * SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT NO. 1. The following provisions shall apply within Waterfront Special Use District No. 1: * * * * II Planning Commission BOARD OF SUPERVISORS Page 28 5 li I (f) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. To calculate the Floor Area Ratio on piers under the jurisdiction of the Port Commission, all building· permit applications shall include a map of the lot or lease area with precise boundaries showing its location on the pier under consideration. The proposed lot shall be reviewed and approved as part of the building permit and be the basis for further , alterations or expansions of the structure. SEC. 249.1. FOLSOM AND MAIN RESIDENTIAL/COMMERCIAL SPECIAL USE DISTRICT. * * * * (b) Controls. The following zoning controls are applicable in the Residential/Commercial Special Use District. * * * * (3) Density. (A) Residential Density. There shall be no density limit for FResidential uUses in the Residential/Commercial Subdistrict. The provisions of Sections 207-:-1- and 208 related to residential density shall not apply .. * * * * SEC. 249.33. VAN NESS & MARKET DOWNTOWN RESIDENTIAL SPECIAL USE DISTRICT. * * * * (b) Use Controls. (1) Non-residential Uses. For newly-constructed buildings or additions which exceed 20 percent or more of an existing structure's gGross .fEioor ef[rea, nNon- FResidential uUses are not permitted above the fourth story, and at least two occupied square feet of FResidential uUse shall be provided for each occupied square foot of nNon-FResidential Planning Commission BOARD OF SUPERVISORS Page 291 uUse. In order to accommodate local government office uses near City Hall, publicly-owned or leased buildings or lots are exempted from the requirements of this &§.ubsection. (2) Residential Density. There shall be no density limit for i"',Residential uUses 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 Market & Octavia Area Plan Fundamental Principles Principals for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply. (3) Residential Affordable Housing Program. All projects in this District shall be subject to all the terms of Section 415 and following of the lnclusionary Affordable Housing Program. Notwithstanding the foregoing, projects within the Van Ness and Market Downtown Residential Special Use District shall at a minimum fulfill the requirements to the levels specified in this section. Should Section 415 require greater contributions to the affordable housing program, those requirements shall supersede supercede this section. Proposed exceptions to these requirements due to hardships associated with construction type, specifically heights above 120 feet, are not applicable in this Special Use District because parcels are receiving an up zoning through increased density and benefits through the general transformation of the district to a transit oriented neighborhood with a mixed use character. Requirements and administration of this program shall follow the conditions outlined in Section 415 of this Code unless otherwise specified in this Section. * * * * (4) Open Space Provider. The off-site open space permitted by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count Planning Commission BOARD OF SUPERVISORS Page 30 I toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (A) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (B) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (C) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy. * * * * (B) Publicly-Accessible Open Space Standards. (i-G) Open Space Types. Open space must be of one or more of the following types: fit a. An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved · public areas according to the Market & Octavia Area Plan; (#) 12_ An unenclosed plaza at street grade, with seating areas and landscaping and no more than 1 0 percent of the floor area devoted to food or beverage service; {fflf c. An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code; {W} d. A terrace or roof garden with landscaping; fv1 f:. Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width Planning Commission BOARD OF SUPERVISORS Page 31 and conform to the Market & Octavia Area Plan, such as sidewalk widening or building setbacks; and fvit i Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by this Code, in accordance with the Market & Octavia Area Plan. (liD) Open Space Standards. Open space must meet the following standards: {i) a. Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public; (#f b. Be appropriately landscaped; {#if c. Be protected from uncomfortable winds; {W) d Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area; M f.:.. Be well signed and accessible to the public during daylight hours; fvit i Be well lighted if the area is of the type requiring artificial illumination; fWif g,_ Be designed to enhance user safety and security; fv#if h. Be of sufficient size to be attractive and practical for its intended use; and {Bij {1l Have access to drinking water and toilets if feasible. Planning Commission BOARD OF SUPERVISORS Page 321 (CE) Maintenance. Open spaces shall be maintained at no public expense, except as might be provided for by any community facilities district that may be formed. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 of this Code. (DF) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque of no less than 24 inches by 36 inches in size shall be placed in a publicly 1 0 conspicuous location outside the building at street level, or at the site of any publicly- accessible open space, identifying said open space feature and its location, stating the right of the public to use the space and the hours of use, describing its principal required features (e.g., number of seats, availability of food service) and stating the name and address of the owner or owner's agent responsible for maintenance. (f/J) Hold Harmless Requirement. The Zoning Administrator shall have authority to require a property owner to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space. (5) Lot Coverage. The rear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all residential levels except on levels in which all residential units face onto a public right-of-way. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards per Section 136(c) of this I II Planning Commission BOARD OF SUPERVISORS Page 331 Code. Exceptions to the 20 percent open area may be granted pursuant to the procedures of Section 309 for conversions of existing nNon-r<B_esidential structures where it is determined that provision of 20 percent open area would require partial demolition of the existing nNon- . 4 r<B_esidential structure. (6) Floor Area Ratio. * * * * (B) Floor Area Bonus Permitted for Public Improvements or In- lieu Contributions to the Van Ness and Market Neighborhood Infrastructure Fund and In lieu Contributions to the Citywide Affordable Housing Fund. (i) The gGross JEioor a,d.rea of a structure or structures on a lot may exceed the maximum ratio described in Section 123(c) of this Code through participation in the Van Ness and Market Affordable Housing and Neighborhood Infrastructure Program, according to the procedures described in Section 424. * * * * SEC. 249.35. FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. * * * * (b) Establishment of the Fringe Financial Service Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the following defined areas, a noncontiguous Fringe Financial Service Restricted Use District (Fringe Financial Service RUD) is hereby established for the following properties: (1) Properties in NC-1 and NCT-3 Districts, tmd in the Broadway (Sec. 714), Castro Street (Sec. 715), Inner Clement Street (Sec. 716), Outer Clement Street (Sec. 717), Cole Valley (Sec. 742), Excelsior Outer Mission Street (Sec. 720 ~). Fillmore Street (Sec. 747), Upper Fillmore Street (Sec. 718), Haight Street (Sec. 719), [Jpper}r!arketStreet (Sec. 721), Upper }r!arket Street }ICT (Sec. 733), }.1issioH Street (Sec. 736), Lakeside Village (Sec. 727), North I Planning Commission BOARD OF SUPERVISORS - I Page 341 Beach (Sec. 722), Pacific Avenue (Sec. 726 ~),Polk Street (Sec. 723), Sacramento Street (Sec. 724 ), Inner Sunset (Sec. 730), 24th Street A1ission (Sec. 727), 24th Street- Noe Valley (Sec. 728), Union Street (Sec. 725), Valencia Street (Sec. 726), and West Portal Avenue (Sec. 729) Neighborhood Commercial Districts;=-, and in the Divisadero Street (Sec. 759), Hayes-Gough (Sec. 761), Mission Street (Sec. 754), 24th Street- Mission Gr;;;ec. 763), Upper Market Street (Sec. 7Q1),_ and Valencia Street (Sec. 762) Neighborhood Commercial Transit Districts; (2) Properties in the Mission Alcoholic Beverage Special Use District, as described in Section 249.60 of this Code and as designated on Sectional Maps SU07 and SUDS of the Zoning Map of the City and County of San Francisco; (3) Properties in the North of Market Residential Special Use District, as described in Section 249.5 of this Code and as designated on Sectional Maps SU01 and SU02 of the Zoning Map of the City and County of San Francisco; (4) Properties in the Divisadero Street (Section 783), Haight Street (Section 781.9) and Third Street (Section 782) Alcohol Restricted Use Districts:-; and (5) Properties in the Chinatown Community Business (CCB){Section 81 0), South Park (SPD){Section 814), and Rincon Hill (RH-DTR){Section 827) Districts. SEC. 249.35A. FULTON STREET GROCERY STORE SPECIAL USE DISTRICT.SEC. (d) Controls. The following controls apply to projects meeting the criteria of subsection (c) and to any subsequent alterations or changes of use in a building approved under this Section. * * * * (4) All subsequent changes of use shall require Conditional Use authorization from the Planning Commission. The only Non-Residential Uses that may be permitted in the space initially approved for a grocery store shall include Trade Shop, Institutional Uses, excluding Medical Cannabis Dispensaries, and Hospitals and Philanthropic Administrati't?e Planning Commission BOARD OF SUPERVISORS Page 35 Services, except that General Retail Sales and Services, Pharmacy, or Specialty Grocery uses may be permitted provided that no individual tenant occupies more than 3,000 square feet of Gross Floor Area. * * * * 249.40. POTRERO CENTER MIXED-USE SPECIAL USE DISTRICT. * * * * (c) Controls. All provisions of the Planning Code shall continue to apply, except for the following: * * * * (4) Housing Requirements. The Potrero Center is one of the largest properties in the UMU zoning district that provides a unique opportunity for a mixed-use project with the provision of a significant amount of affordable housing, through either on-site inclusionary units, a dedication of a portion of the land or the air rights of the property to the City. This would enable the City (or another affordable housing developer) to develop affordable housing on such dedicated portion or provide for a combination of both on-site inclusionary housing and land dedication. The City supports such affordable housing production in this location, rather than in an off-site location or locations. The provisions of Table 419.5 Sections 319. 4(a)(3)(A) and 319. 4(a)(3)(B) shall be modified to increase the off-site affordable unit election and in lieu fee election requirements from 27 percent to 30 percent of the total number of units produced in the principal project. The findings of Section 419.5(a)(2) -3-1-9:-J concerning the provision of affordable housing are incorporated herein by reference. (5) Land Dedication Election. The Land Dedication Alternative for the provision of inclusionary housing units specified in Section 419.5(a)(2) 319. 4(b)(2) may be satisfied incrementally over time in the event that portions of the SUD are redeveloped in phases and may be satisfied through the dedication to the City of air space parcels above or Planning Commission BOARD OF SUPERVISORS Page 361 adjacent to retail, parking or other uses, as well as through dedications of land, upon the approval of the Mayor's Office of Housing or a successor entity, and provided the requirements of Section 419.5(a)(2) 319. 4(b)(2)G4) (l)are otherwise satisfied. SEC. 249.52. TREASURE ISLANDNERBA BUENA ISLAND SPECIAL USE DISTRICT. * * * * (e) Development Controls. Development and uses of property within this Special Use District shall be regulated by the controls contained herein and in the Design for Development, provided, however, that if there is any inconsistency between this Special Use District and the Design for Development, this Special Use District shall control. * * * * (2) Uses. The uses listed in Figure 3-m-e 3 are permitted in this Special Use District as indicated by the following symbols in the respective column for each district: (i) P- permitted as a Principal Use in this zoning designation; (ii) IC- subject to approval as an Island Conditional Use pursuant to the procedures set forth in subsection (h) below; (iii) blank - not permitted in this zoning designation. * * * * SEC. 249.59. CALLE 24 SPECIAL USE DISTRICT. * * * * (d) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within the Calle 24 Special Use District: (1) Eating and Drinking Establishments. In addition to other prohibitions on such uses found within this Code, a new Restaurant use, new Limited-Restaurant use, new Bar use, or the physical expansion of any such existing use shall be prohibited where the concentration of those uses exceeds, or would exceed with the proposed use or physical expansion of an existing use, 35% of the total commercial frontage as measured in linear feet II Planning Commission BOARD OF SUPERVISORS Page 371 within the immediate area of the subject site. For the purpose of calculating the concentration of commercial frontage, the "immediate area" shall mean all properties located within 300 feet of the subject property within the Calle 24 Special Use District and in a zoning district that is not Residential or Public Use. Any project for which a development application, as defined in Section 401, was submitted by March 31, 2017 & and any change in use from an existing Limited-Restaurant use to a Restaurant use shall be exempt from the requirements of this Section 249.59(d)(1 ). SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT. * * * * (d) Good Neighbor Policies. The .operating conditions established in Section 202.2 of this Code shall apply to all liquor establishments in this SUD in order to maintain the safety and cleanliness of the premises and vicinity. In addition, all new, relocated, or expanded liquor establishments, and any liquor establishment with a license referred for review to the Planning Department by the State of California Department of Alcohol Beverage Control, shall comply with the requirements set forth below. Liquor establishment shall have the meaning set forth in subsection (c) above. * * * * (2) No more than 33% of the square footage of the windows and clear doors of the liquor establishment shall bear advertising or signage of any sort, and all advertising and sign age shall be placed and maintained in a manner than ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. Street facing facades shall maintain at least 50% clear and visually-permeable glazing. Planning Commission BOARD OF SUPERVISORS Page 381 10 I I For any use authorized pursuant to a Conditional Use authorization after the effective date of Ordinance No. 143-14 repeated violations of the Good Neighbor Policies set forth in this subeetion subsection (d), of the operating conditions set forth in Section 202.2 of this Code, or of any conditions associated with a Condition of Approval shall require a hearing at the Planning Commission to consider revocation of the Conditional Use authorization. * * * * SEC. 249.63. CAYUGAIALEMANY SPECIAL USE DISTRICT. A Special Use District entitled the Cayuga/Aiemany Special Use District (Cayuga/Aiemany SUD, or SUD), is hereby established for the purpose set forth in this Section 249.63. * * * * (c) Controls. All provisions of the Planning Code applicable to the Excelsior Outer Mission Neighborhood Commercial District shall apply to the Cayuga/Aiemany SUD except as otherwise provided in this Section 249.63 . (1) Dwelling Unit Density. There shall be no residential density limit within this SUD. (2) Dwelling Unit Mix. The following dwelling unit mix criteria shall apply in this SUD: (4 i) No less than 70% of the total number of proposed dDwelling uUnits shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dDwelling uUnits; (Jl #) No less than 1 0% of the total number of proposed dDwelling uUnits shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dDwelling uUnits. Units counted towards this II Planning Commission BOARD OF SUPERVISORS Page 391 requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (c)(2)(i). (3) lnclusionary Housing. The requirements of Section 415 of this Code shall apply in this SUD, except as expressly provided herein. (A) Compliance with Section 415 shall be by providing affordable units on-site in accordance with Section 415.6. Payment of an affordable housing fee under Section 415.5, or construction of units off-site under Section 415.7 are not permitted to satisfy Section 415. (B) The number of Affordable Units constructed on-site shall be 50% of the number of all units constructed on-site. (i) Ten percent of the units shall be affordable to households earning 55% of Area Median Income, with households earning up to 65% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(i). (ii) Ten percent of the units shall be affordable to households earning 80% or less of Area Median Income, with households earning from 65% to 90% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(ii). (iii) Thirty percent of the units shall be affordable to households earning up to 100% of Area Median Income, with households earning from 90% to 130% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(iii). * * * * SEC. 249.70. CENTRAL SUBWAY TUNNEL BORING MACHINE EXTRACTION SITE SPECIAL USE DISTRICT. * * * * (b) Controls. All otherwise applicable provisions of the Planning Code shall apply to this Special Use District, except as specifically provided in this Section 249.70: Planning Commission BOARD OF SUPERVISORS Page 40 I * * * * (8) Height and Bulk. The height and bulk applicable to this Special Use District shall be 55-X, provided, however, that in no case shall the height of any new structure exceed the height of the existing Pagoda Palace structure. For purposes of measurement of height in this District, the height of a projecting business sign shall be exempt, provided that such sign is the reconstruction or rehabilitation of an existing projecting movie theater blade sign as provided in 9 subsection (b)(9). Prior to demolition of the existing structure, the owner or orvl'lers owner's authorized agent shall prepare and submit to the Planning Department a detailed survey, including elevations and sections, which accurately dimension the height of the existing theater building, including the heights of all rooftop features. SEC. 249.74. FIFTH AND MISSION SPECIAL USE DISTRICT. (a) General. A Special Use District entitled the Fifth and Mission Special Use District ("District"), the boundaries of which are shown on Sectional Map SUOOJ SUOJ of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out below. * * * * (d) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section and the Design for Development. In the event of a conflict between other provisions of the Planning Code, the Design for Development, or this District, the provisions of this District shall control. * * * * (4) Building Standards. (A) Building Height. The applicable height limits shall be as set forth in Height Map HTOOI HTOI of the Zoning Maps of the City and County of San Francisco, and Planning Commission BOARD OF SUPERVISORS Page 41l shall be measured and regulated as provided in Article 2.5, with the following exceptions for 1 parcels zoned 365-X or 450-S: * * * * SEC. 249.76. POTRERO HOPE SF SPECIAL USE DISTRICT. * * * * (e) Project Review and Approval. * * * * (3) Building Design Review and Approval. The construction, expansion, or major alteration of, or additions to, all structures within this Special Use District requires applications for design review described in this Section 249.76. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Design Review Application. The owner or authorized agent of the owner of the property for which the design review is sought may file applications for design review. Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, and if the related Phase Application has been approved, the application will be deemed complete. The application shall include the documents and materials necessary to determine consistency with this Special Use District, the Design Standards and Guidelines, and the applicable requirements of the Development Agreement, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings, and conformance with any phasing plan. If any requests for a Major Modification or Minor Modification are sought in accordance with the allowances of this Section, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the I II Planning Commission BOARD OF SUPERVISORS Page 421 I I I' I Design Standards and Guidelines and provides architectural treatment and public benefit that are equivalent to or superior to strict compliance with the standards. * * * * (B) Staff Design Review. The Department shall perform administrative design review for each application as further detailed in the Development Agreement. Department staff shall review the project to determine if it complies with this Special Use District, the Design Standards and Guidelines, the Development Agreement, an approved Development Phase Application, and any applicable mitigation measures. The Department shall complete the initial review and respond to the project sponsor within 60 days of receiving a complete application. The Department staff shall have 30 days to respond to any modifications or revisions submitted by the project sponsor after the submission of the initial application. Upon completing review, Department staff may draft a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications to the project. The staff report shall be delivered to the applicant no less than 14 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review. The Department shall provide public notice of the staff report and recommendation no less than 14 days prior to action on the application by the Planning Director or Planning Commission. Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as maintained by the Planning Department, and all individuals having made a written request for notification for the project site pursuant to Planning Code Section 351,_ SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT. * * * * (d) Urban Design and Density Controls. Planning Commission BOARD OF SUPERVISORS Page 431 \' II (1) Prevailing Building Height and Density. In order to ensure adequate provision of infrastructure and services in an area transitioning from industrial uses to more intensive residential and commercial uses through adoption of the Central SoMa Plan, Prevailing Building Height and Density Limits are herein established.· * * * * (B) Controls. Notwithstanding the height limit indicated on the Zoning Map and the Floor Area Ratio controls of subsection (3) below, the following hHeight and Floor Area Ratio controls shall apply: * * * * (ii) For projects on lots where the Zoning Map indicates a height limit of less than 85 feet, the project lot or lots shall be limited to a maximum Floor Area Ratio of 3.0:1. (2) Design of Buildings. New construction shall comply with the "Citywide Central SoAfa Gttide to Urban Design Guidelines" as adopted and periodically amended by the Planning Commission. * * * * SEC. 249.80. MISSION ROCK SPECIAL USE DISTRICT. * * * * (d) Relationship to Other Planning Code Provisions. The provisions of this SUD and the Design Controls shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Mission Rock Mixed Use District), Section 249.80 (Mission Rock Special Use District), Section 291 (Mission Rock Height and Bulk District;=-t and Section 901 (Applicability I II Planning Commission BOARD OF SUPERVISORS Page 441 of Article 9 Provisions and Other Provisions of the Planning Code); (3) Planning Code sections adopted by ballot proposition prior to the effective date of the ordinance (in Board of Supervisors File No. 170940) adopting this SUD as follows, and only to the extent that such provisions are applicable under the ballot proposition to development within the SUD: sections of the Planning Code adopted or amended by Proposition M (November, 1986) (Sections 101.1, 164, and 320-325); Proposition K (June, 1984) (Section 295); and Proposition G (March, 2002) (Sections 602.7 (recodified at 602) and 6111; and (4) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein). Sections of the Planning Code adopted by ballot proposition that are limited geographically and do not apply to the SUD are Proposition G (Small Business Protection Act) (November, 2006) (Section 303.1 ); and Proposition X (Limitation on Conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use) (November, 2016) (Section 202.8). In the event of a conflict between any provisions of the Planning Code that are incorporated herein by reference pursuant to subsection (d)(4) above and the Design Controls or this Section 249.80, this Section 249.80 and the Design Controls shall control. Later amendments to the code sections referenced in this subsection as applicable in the SUD shall apply where not conflict with this SUD, the DC or the DA. (e) Definitions. If not explicitly superseded by definitions established in this SUD or in the DC, the definitions in this Code shall apply. In addition to the specific definitions set forth elsewhere in this Section 249.80, the following definitions shall govern interpretation of this Section: * * * * "Block" is a development Block as depicted on Figure 249.80-MRI 249.80 A1R 1. * * * * (f) Uses. I Planning Commission BOARD OF SUPERVISORS Page 451 * * * * (5) Interim Uses. The Executive Director may approve any interim use listed in this section without a public hearing for a period not to exceed five years if the Executive Director finds that such use will not impede orderly development consistent with this Section 249.80, the Design Controls, and the DA. Interim uses under this Section subsection (1)(5) are limited to uses at Pier 48 and the existing unimproved areas, open space and surface parking lots in the SUD area. Any interim use listed in this section that is integral to development under the DA, DDA or Vertical DDA and permitted by the Port under any Port lease or license shall not require separate authorization as an interim or temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities:-),_ Any authorization granted pursuant to this subsection (f)(5) shall not exempt the Applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim uses that the Executive Director may authorize include, but are not limited to the following or similar activities: * * * * 0) Modification to Building Standards. Modification of the Building Standards may be approved as authorized by this subsection 0) on a project-by-project basis according to the procedures of subsection (m). (1) No Modifications Permitted. Major and Minor Modifications under subsection (m) are not permitted for: * * * * (D) land use requirements established in subsections (f). * * * * II Planning Commission BOARD OF SUPERVISORS Page 461 SEC. 260. HEIGHT LIMITS: MEASUREMENT. * * * * (b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this subsection (b) shall be exempt from the height limits established by this Code, in an amount up to but not exceeding that which is specified. (1) The following features shall be exempt provided the limitations indicated for each are observed; and provided further that the sum of the horizontal areas of all features listed in this subsection (b)(1) shall not exceed 20% of the horizontal area of the roof above which they are situated, or, in C-3 Districts and in the Rincon Hill Downtown Residential District, where the top of the building has been separated into a number of stepped elements to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and provided further that in any R, RC-3, or RC-4 District the sum of the horizontal areas of all such features located within the first 10 feet of depth of the building, as measured from the front wall of the building, shall not exceed 20% of the horizontal area of the roof in such first 10 feet of depth. As an alternative, the sum of the horizontal areas of all features listed in this subsection (b)(1) may be equal to but not exceed 20% of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property. Any such sum of 20% heretofore described may be increased to 30% by unroofed screening designed either to obscure the features listed under (A) and (B) below or to provide a more balanced and graceful silhouette for the top of the building or structure. * * * * (B) Elevator, stair and mechanical penthouses, fire towers, skylights and dormer windows. This exemption shall be limited to the top 10 feet of such features where Planning Commission BOARD OF SUPERVISORS Page 471 II the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 16 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building. The design of all elevator penthouses in Residential Districts shall be consistent with the "Residential Design Guidelines" as adopted and periodically amended for specific areas or conditions by the G#y Planning Commission. The Zoning Administrator may, after conducting a public hearing, grant a further height exemption for an elevator penthouse for a building with a height limit of more than 65 feet but only to the extent that the Zoning Administrator determines that such an exemption is required to meet state or federal laws or regulations. All requests for height exemptions for elevator penthouses located in Residential or Neighborhood Commercial Districts shall be subject to the neighborhood notification requirements of Sections 311 and 312 of this Code. * * * * (E) In any C-3 District,_ the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District, enclosed space re)ated to the recreational use of the roof, not to exceed 16 feet in height. * * * * (M b) In the Central SoMa Special Use District, additional building volume used to enclose or screen from view the features listed in subsections (b)(1)(A) and (b)(1)(8) above. The rooftop form created by the added volume shall not be subject to the percentage coverage limitations otherwise applicable to the building, but shall meet the requirements of Section 141; shall not exceed 1 0% percent of the total height of any building taller than 200 feet; shall have a horizontal area not more than 100% percent of the total area of the highest occupied floor; and shall contain no .space for human occupancy. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 I Planning Commission BOARD OF SUPERVISORS Page 481 feet, but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (M b). (N !H) In any S-2 Bulk District for any building which exceeds 550 feet in height, unoccupied building features including mechanical and elevator penthouses, enclosed and unenclosed rooftop screening, and unenclosed architectural features not containing occupied space that extend above the height limit, only as permitted by the Planning Commission according to the procedures of Section 309 and meeting all of the following criteria: (i) such elements are demonstrated to not add more than insignificant amounts of additional shadow compared to the same building without such additional elements on any public open spaces as deemed acceptable by the Planning Commission; and (ii) such elements are limited to a maximum additional height equivalent to 7.5% percent of the height of the building to the roof of the highest occupied floor, except that in the case of a building in the 1 ,000-foot height district such elements are not limited in height, and any building regardless of building height or height district may feature a single spire or flagpole with a diagonal in cross-section of less than 18 feet and up to 50 feet in height in addition to elements allowed according to this subsection (N !H); and * * * * SEC. 262. ADDITIONAL HEIGHT LIMITS APPLICABLE TO SIGNS. (a) The height limits established by this Article 2.5 shall apply to all signs regulated by this Code, except.tQz: those identified as hHistoric a~igns and Vintage Signs defined in witlzin an Historic Sign District pursuant to Sectiona 602, and Historic Movie Theater Projecting Signs and Historic Movie Theater Marquees defined in Section 188(e) 302, 303 and 608.14 of this Code. No sign shall be erected, placed, replaced, reconstructed or relocated except in conformity with I I Planning Cornrnission BOARD OF SUPERVISORS Page 491 the provisions of this Article, whether such sign is freestanding or attached to a building or structure. (b) The height of signs is also regulated by Article 6 of this Code, and in each case the most restrictive of the applicable height limitations shall prevail, except for hHistoric sSigns'- Vintage Signs, Historic Movie Theater Projecting Signs, and Historic Movie Theater Movie Marq_uees within Historic Sign Districts which are exempt from height limits pursuant to Section 260 of this Code. SEC. 263.32. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHTS IN THE CENTRAL SOMA SPECIAL USE DISTRICT. * * * * (c) Controls. An additional 25 feet of height above the otherwise applicable height limit is permitted for a development project subject to this Section 263.32 without requiring eConditional uUse authorization by the Planning Commission only if it meets the following conditions: * * * * (1 .J) The additional height shall not cause any new or substantially increased significant impacts that cannot be mitigated to less than significant levels related to wind and shadow that would not have occurred without the additional height, as determined by the Environmental Review Officer. (1.. J) A project using a special height exception pursuant to this Section 263.32 shall be subject to Sections 132.4 and 270(h), based on the otherwise applicable Height limit for the lot. (:2: 4) A project using a special height exception pursuant to this Section 263.32 may add 25 feet above the otherwise applicable Height limit for purposes of calculating its Apparent Mass Reduction pursuant to Section 270(h). Planning Commission BOARD OF SUPERVISORS Page 50 I SEC. 303. CONDITIONAL USES. * * * * (n) Massage Establishments. With respect to Massage Establishments that are subject to Conditional Use authorization, in addition to the criteria set forth in subsection (c) above, the Commission shall make the following findings: * * * * Exceptions. A Ma~sage Establishment shall not require a Conditional Use authorization i{the Massage Establishment satisfies one or more o[the following conditions: 0) The massage use is accessory to a Principal Use, i(the massage use is accessed 1 0 by the Principal Use and {A) the Principal Use is a Dwelling Unit and the massage use conforms to the requirements o(Section 204.1, for Accessory Uses for Dwelling Units in All Districts; or (B) the Principal Use is a Tourist Hotel that contains 100 or more rooms or an Institutional Use as defined in this Code. (2) The only massage service provided is chair massage, such service is visible to the public, and customers are fully clothed at all times. (3) It is a Sole Practitioner Massage Establishment, as defined in Section 29.5 o(the Health Code. * * * * (z) Liquor Stores. With regard to the Conditional Use application for a Liquor Store use, the Planning Commission shall consider, in addition to the criteria set forth in subsection (c) above: (1 A) the existing concentration of Liquor Store uses within 300 feet of the proposed location; and Planning Commission BOARD OF SUPERVISORS Page 51 I (2. :B) the availability of General Grocery or Specialty Grocery stores in the area selling alcoholic beverages as well as a range of foods. SEC. 303.1. FORMULA RETAIL USES. * * * * (e) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for a Formula Retail use in the following zoning districts unless explicitly exempted: * * * * (II :H) The Central SoMa Special Use District as defined in Section 848, except for those uses not permitted pursuant to subsection (f) below. I * * * * SEC. 304. PLANNED UNIT DEVELOPMENTS. In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, & the DTR Districts, or the North Beach Special Use District, the Planning Commission may authorize as Conditional Uses, in accordance with the provisions of Section 303, Planned Unit Developments subject to the further requirements and procedures of this Section 304. After review of any proposed development, the Planning Commission may authorize such development as submitted or may modify, alter, adjust or amend the plan before authorization, and in authorizing it may prescribe other conditions as provided in Section 303(d). The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this Code only to the extent specified in the authorization. * * * * SEC. 305. VARIANCES. * * * * I II Planning Commission BOARD OF SUPERVISORS Page 521 (c) Determination. The Zoning Administrator shall hold a hearing on the application, provided, however, that if the variance requested involves a deviation of less than 10% percent from the Code requirement, the Zoning Administrator may at the Zoning Administrator's his- option either hold or not hold such a hearing. No variance shall be granted in whole or in part unless there exist, and the Zoning Administrator specifies in his or her findings as part of a written decision, facts sufficient to establish: * * * * Upon issuing his- the written decision either granting or denying the variance in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of his- the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2ofthis Code. SEC. 311. PERMIT REVIEW PROCEDURES. * * * * (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings, and the removal of an authorized or unauthorized residential unit shall be subject to the notification and review procedures required by this Section 311. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, I Planning Commission BOARD OF SUPERVISORS Page 531 building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. (1) defined as follows: * * * * Change of Use. For the purposes of this Section 311, a change of use is (B) Eastern Neighborhood Mixed-Use Districts. In all Eastern Neighborhood Mixed Use Districts a change of use shall be defined as a change in, or addition of, a new land use category. A "land use category" shall mean those categories used to organize the individual land uses that appear in the use tables, immediately preceding a group of individual land uses, including but not limited to the following: Residential Use; Institutional I Use; Retail Sales and Service Use; Assembly, Recreation, Arts and Entertainment Use; Office Use; Live/Work Units Use; Motor Vehicle Services Use; Vehicle Parking Use; Industrial Use; Home and Business Service Use; or Other Use. * * * * (d) Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. It shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, and a graphic reference scale, existing and proposed uses or commercial or institutional business name, if Planning Commission BOARD OF SUPERVISORS Page 541 known. The notice shall describe the project review process and shall set forth the mailing date of the notice and the expiration date of the notification period. * * * * (7) Notification Package. The notification package for a project subject to notice under this Section 311 shall include a written notice and reduced-size drawings of the project. (A) The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard, depth,_ side, setbacks, building height, number of stories, dwelling unit count and use of the building. * * * * SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER AND CONVERSION. * * * * (g) Conditional Use Criteria. * * * * (3) Residential Conversion. The Planning Commission shall consider the following criteria in the review of applications for Residential Conversion;.-;- (A) whether conversion of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed were owner occupied; (B) whether Residential Conversion would provide desirable new Non- Residential Use(s) appropriate for the neighborhood and adjoining district(s); Planning Commission BOARD OF SUPERVISORS Page 55 (C) in districts where Residential Uses are not permitted, whether Residential Conversion will bring the building closer into conformance with the Uses permitted in the zoning district; (D) whether conversion of the unit(s) will be detrimental to the City's housing stock; (E) whether conversion of the unit(s) is necessary to eliminate design, functional, or habitability deficiencies that cannot otherwise be corrected; (F) whether the Residential Conversion will remove Affordable Housing, or units subject to the Residential Rent Stabilization and Arbitration Ordinance. (1:_ J) Planning Commission approval shall not be required for the change of use or occupancy of a dDwelling uUnit, gGroup hHousing, or SRO to Student Housing if the dDwelling uUnit, gGroup hHousing .. or SRO will be Student Housing owned, operated or otherwise controlled by a not for profit post-secondary Educational Institution and (A) it was built by the post-secondary Educational Institution; (B) it is in a convent, monastery, or similar religious order facility; (C) it is on an adjoining lot (i.e., sharing the same lot line) to the post- secondary Educational Institution, so long as the lot has been owned by the post-secondary Educational Institution for at least ten years as of the effective date of Ordinance 188-12; or (D) as of August 10, 2010, it was owned, operated or otherwise controlled by a post-secondary Educational Institution that had an Institutional Master Plan on file with the Planning Commission, and where the occupancy by those other than students at that date was less than 20% of the total occupants. For purposes of determining occupancy, the post-secondary Educational Institution shall present to the Planning Department verified information regarding its rental or lease of units as of that date. Planning Commission BOARD OF SUPERVISORS Page 561 (2 4) Planning Commission approval shall not be required for a Residential Conversion if the Residential Unit was subject to the Residential Hotel Unit Conversion and Demolition Ordinance, San Francisco Administrative Code Chapter 41, and obtained a permit to convert in compliance with the requirements set forth therein. (Q .§.) Residential Demolition. The Planning Commission shall consider the following additional criteria in the review of applications for Residential Demolition: * * * * (Z -6) Removal of Unauthorized Units. In addition to the criteria set forth in S~ubsections (g)(1) through (g)(4) above, the Planning Commission shall consider the criteria below in the review of applications for removal of Unauthorized Units: * * * * (S.. -7) Denial of Application to Remove an Unauthorized Unit; Requirement to Legalize the Unit. If the Planning Commission denies an application to Remove an Unauthorized Unit, the property owner shall file an application for a building permit to legalize the Unit. Failure to do so within a reasonable period of time, as determined by the Zoning Administrator, shall be deemed to be a violation of the Planning Code. * * * * SEC. 401. DEFINITIONS. In addition to the specific definitions set forth in Section 102 and elsewhere in this Article 4, the following definitions shall govern interpretation of this Article: * * * * "Change of Use." A change ofGross FloorAreafrom one category Cfjuse to anoth,er category ofuse listed in the use table for t1-e zoning district of the subject lot. * * * * Planning Commission BOARD OF SUPERVISORS Page 57 I "Management, Information and Professional Services (MIPS)." An economic activity category under the TIDF that includes, but is not limited to, Office Uses; Health Service uses; Business Service uses,; Integrated PDR,:_, and Small Enterprise Works paces. * * * * SEC. 402. PROCEDURE FOR PAYMENT AND COLLECTION OF DEVELOPMENT FEES. * * * * (d) Timing o(Fee Payments. All impact fees are due and payable to the Development Fee Collection Unit at DB! at the time ot: and in no event later than, issuance o[the "first construction document" a/fde_(inedin Section 40J.o(this Code and Section 107A.J3.1 o(the Building Code. The 1 0 project sponsor's option to defer payment o(the fee to a later date pursuant to Section 107 A.13. 3 of the Building Code expired on July 1, 2013 and is not available unless and until the Board o[Supervisors re-authorizes this deferral option. SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * (b) Waiver or Reduction, Based on Housing Affordability. (1) An affordable housing unit shall receive a waiver from the Rincon Hill Community Infrastructure Impact Fee, the Market and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee, the Transportation Sustainability Fee, and the Residential Child Care Impact Fee if the affordable housing unit: * * * * (B) is subsidized by MOHCD, the San Francisco Housing Authority, the Department of Homelessness and Supportive Housing, and/or the the Office of I Planning Commission BOARD OF SUPERVISORS Page 581 Community Investment and Infrastructure or any future successor agency to those listed herein; and * * * * (f) Waiver Based on Calamity. The replacement of existing Residential, Non-Residential, or P DR uses on a lot subject to, and meeting all the provisions ot: Planning Code Section 188(9) fOr the replacement of buildings damaged or destroyed by fire or other calamity, or by Act of God or the public enemy, shall not be considered in the determination of applicability of any impact fee in Article 4 o[this Code and new Gross Floor Area within a building subject to and meeting all the provisions of Section 188(b) shall not be subject to any impact fee in Article 4. However, any additional land uses or addition of Gross Floor Area beyond what is needed to replace the damaged or destroyed building{s) shall be subject to any applicable Article 4 impact fees. SEC. 412.6. COLLECTION OF FEE. The Downtown Park Fee shall be paid to DBI fOr deposit into the Downtown Park Fund is due and payable to tlw Development Fee Collection Unit at DBI at the time required by Section 402(d) afand in no event later than issuance o.fthejirst construction document, with an option for the project sponsor to defer payment to prior to issuance of the first certificate o.foccupancy upon agreeing to pay a deferral surcharge tlrzat v,;ould be deposited into the Downtmm Park Fund, in accordance witlrz Section 1 07A.13.15 o.fthe San Francisco Building Code. SEC. 413.6. COMPLIANCE WITH JOBS-HOUSING LINKAGE PROGRAM BY PAYMENT OF IN-LIEU FEE. * * * * (c) Any in-lieu fee required under this Section 413.6 shall be paid to DB! tor deposit into the Citywide Affordable Housing Fund is due andpayable to the Development Fee Collectiol'l UNit at DB! at the time required by Section 402{d) ofand in no event later Own issuance oftlrzejirst constructim'l document, >vitlrz an option for tlrze project sponsor to defer payment to prior to issuance o.f Planning Commission BOARD OF SUPERVISORS Page 591 tlwfirst certificate o.foecupancy upon agreeing to pay a deferral surcharge that would be deposited into the Cityvrtide Affordable Housir-tgFund in accordance wit~ Section 107A.13.3 of"h~e San Francisco Building Code. SEC. 414.8. COMPLIANCE BY PAYMENT OF AN IN-LIEU FEE. * * * * (b) The in-lieu fee shall be paid to DB! for deposit into the Child Care Capital Fund :fs-dvte and payable to the Development Fee Collection Unit at DEI at the time required by Section 402 (d) ef and in no event later than issuance o.fthejirst construction document with an option for the project ·sponsor to defer payment to prior to issuance of the first certificate o.foecupancy upon agreeing to pay 1 0 a deferral surcharge that would be deposited into "h~e Child Care Capital Fund in accordance with Section 107A.l3.3 o.fthe San Francisco Building Code. SEC. 414A.4. IMPOSITION OF RESIDENTIAL CHILD CARE IMPACT FEE REQUIREMENT. * * * * (c) Timing of Fee Payments. The Residential Child Care Impact Fee shall be paid to DB! for deposit into the Child Care Capital Fund at the time required by Section 402(d) (}}and in no event later than the City issues a First Construction Document. * * * * SEC. 415.5. AFFORDABLE HOUSING FEE. * * * * (a) Timing o(Fee Paymen~ ofa Fee. The fee shall be paid to is due andpayable to the De',;elopment Fee Collection Unit at OBI for deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d) (}fand in no event later than issuance (}jthefirst construction document, ·with an option for the project sponsor to defer payment to prior to issuance (}}the first · certificate (}}occupancy upon agreeing to pay a deferral surcharge "h~at would be deposited i11to the Planning Commission BOARD OF SUPERVISORS Page 60 Citywide Affordable Housing Fund, in accordance with Section 1 07A.l3.15 oftlze San Francisco Building Code. * * * * SEC. 415.6. ON-SITE AFFORDABLE HOUSING ALTERNATIVE. If a project sponsor elects to provide on-site units pursuant to Section 415.5(g), the development project shall meet the following requirements: (a) Number of Units. The number of units constructed on-site shall be as follows: * * * * (4) Notwithstanding the foregoing Area Median Income limits for Rental Units and Owned Units, the maximum affordable rents or sales price shall be no higher than 20% below median market rents or sales prices for the neighborhood within which the project is located, which shall be defined in accordance with the American Community Survey Neighborhood Profile Boundaries Map. MOHCD shall adjust the allowable rents and sales prices, and the eligible households for such units, accordingly, and such potential readjustment shall be a condition of approval upon project entitlement. The City shall review the updated data on neighborhood rents and sales prices on an annual basis. SEC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT. * * * * (d) Timing of Fee Paymen~. The Market and Octavia Plan Area and Upper Market NCO Affordable Housing Fee shall be paid to DB! {Or deposit into the Citywide Affordable Housing Fund at the time required by Section 402(d) o.fand in no event later than the City issues afirst construction document, with an option for tlw project sponsor to defer payment to prior to issuance o.f the first certificate o.foccvtpancy vtpon agreeing to pay a deferral surcharge in accordance '',;ith &ction 107A.l3.3 ofthe San Francisco Building Code. I Planning Commission BOARD OF SUPERVISORS Page 611 SEC. 417.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT. * * * * (d) Timing of Fee Paymen~. The Eastern Neighborhoods Alternate Affordable Housing Fee project applicant shall be paid to the Develepment F'ee Collection Unit at OBI jQr_ deposit into the CityJvide Affordable Housing Fund at the time required bv Section 402 (d) o_fand in no event later tlzan issuance ofthejirst construction document, ·with mq option for the project sponsor to defcrpayment to prior to issuance o_fthefirst certificate ofoccupancy upon agreeing to pay a deferral surcharge tlzat would be deposited into the Citywide Affordable Housing Fund in accordance v,;ith Sectionl07A.13.3 o_fthe San Francisco Building Code. SEC. 418.3. APPLICATION OF RINCON HILL COMMUNITY IMPROVEMENTS FEE AND SOMA COMMUNITY STABILIZATION FEE. * * * * (g) Timing of Fee Payments. The Rincon Hill Community Infrastructure Impact Fee and SOMA Stabilization Fee shall be paid to is due andpayable to the De~-·elopmenL.4'ee Collection Unit at OBI for deposit into the Rincon Hill Community Improvements Fund at the time required bv Section 402 (d) o_fand in 7W event later tlzan issuance of the first construction document, with an option for the project sponsor to defer payment to prior to issuance o_ftlzefirst certificate ofoccupancy upon agreeing to pay a deforral surcharge that would be paid into the appropriate fund in accordance 1vith Section 10 7A.13. 3 oftlze San Francisco Building Code. SEC. 419.3. APPLICATION OF UMU AFFORDABLE HOUSING REQUIREMENTS. * * * * (c) Timing o(Fee tmtl Paymen~ ofFee. Any fee required by Section 419.1et seq. shall be paid to the Development ~4'ee Collection Unit at OBI fOr deposit into the Citywide A[!Ordable Housing Fund at the time required bv Section 402(d) at the time o_fand in Jqo event later tlzan issuance of the first construction document, with an option for tlze pmject sponsor to defer payment to prior to Planning Commission BOARD OF SUPERVISORS Page 621 issuance o __ ftlwjirst certificate (}}occupancy upon agreeing to pay a deferral surcharf5C in accordance with, Section 107A.13.3 ofthe Sm? Francisco Building Code. SEC. 420.3. APPLICATION OF VISITACION VALLEY COMMUNITY IMPROVEMENTS FACILITIES AND INFRASTRUCTURE FEE. * * * * (d) Timing o(Fee tmd Paymen't! ofFee.Any fee required by Section 420.1et seq. shall be paid to tlw Development 1"'ee Collection Unit at OBI at the time ofand in no event later than to issuance o.fthe first construction document, with an option for the project sponsor to defer payment to prior to issuance ofthefirst certificate ofoccupancy upon agreeing to pay a deferral surcharge that would be deposited for deposit into the Visitacion Valley CommunityFacilities and Infrastructure Fund at the time required by Section 402(d) in accordance with Section 402 o.ftllis Article aJ'tdSection 107A.l3 ofthe San Francisco Building Code. SEC. 421.3. APPLICATION OF COMMUNITY IMPROVEMENTS IMPACT FEE. * * * * (f) Timing of Fee Payments. The Market and Octavia Community Improvements Impact Fee shall be paid to is due andpayable to the Dm;elopment :1.4'ee Collection Unit at OBI J2r.. deposit into the Market and Octavia Community Improvements Fund at the time required by Section 402 (d) (}fand in no event later than issuance oftlzefirst construction document, ·with an option for the project sponsor to defer payment to prior to issuance o.ftlzefirst certificate o.foccupancy upon agreei1~g to pay a deferral surcharge that would be paid into the appropriate fund in accordance rvith Section 107A.l3.3 ofthe San Francisco Building Code. SEC. 422.3. APPLICATION OF COMMUNITY IMPROVEMENT IMPACT FEE. * * * * ' (e) Timing of Fee Payments. The Balboa Park Impact Fee shall be paid to is-due andpayable to the Development Fee Collection Unit at OBI for deposit into the Balboa Park Planning Commission BOARO OF SUPERVISORS Page 631 20 I I! Community Improvements Fund at the time required by Section 402(d) &jand in no e'v'ent later than issuance o.ftl-wfirst construction document for the development project deferred to prior to issuance &f tlw first certificate of occupancy pursuant to Section 1 0 7A.l3. 3.1 oftlw San Francisco Buildirtg Code. SEC. 423.3. APPLICATION OF EASTERN NEIGHBORHOODS INFRASTRUCTURE IMPACT FEE. * * * * (e) Timing of Fee Payments. The Eastern Neighborhoods Infrastructure Impact Fee shall be paid to is due andpayable to the Development F'ee Collection Unit at OBI for deposit into the Eastern Neighborhoods Community Improvements Fund at the time required by Section 402(d) ef and in JW event later than issuance o.fthefirst cm~struction document, 'vitlz an option for the project sponsor to defer payment to prior to issuance o.fthe first certificate &}occupancy upon agreeing to pay a deferral surcharge that 'r!-lould be paid into the appropriate fund in accordance witlz Section 107A.13.3 oftlw San Francisco Building Code. SEC. 423.5. THE EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FUND. * * * * (c) Funds shall be allocated to accounts by improvement type as described below: (1) Funds collectedfrom all zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones shall be allocated to accounts by improvement type according to Table 423.5. Funds collected from MURZoning Districts outside of the boundaries of either the East SoMa or Western SoMa Area Plans shall be allocated to accounts by improvement type according to Table 423.5. (2) Funds collected in Designated Affordable Housing Zones, as defined in Section 401, shall be allocated to accounts by improvement type as described in Table 423.5A. For funds allocated to affordable housing, MOHCD shall expend the funds as follows: Planning Cornrnission BOARD OF SUPERVISORS Page 641 (A) All funds collected from projects in the Mission NCT shall be expended on housing programs and projects within the Mission Area Plan boundaries. (!2 G) Collectively, the first $10 million in housing fees collected between the two Designated Affordable Housing Zones shall be utilized for the acquisition and rehabilitation of existing housing. * * * * SEC. 424.3. APPLICATION OF VAN NESS AND MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM. * * * * (a) Application and Timing o(Fee Payments. Section 424.1et seq. shall apply to any development project located in the Van Ness and Market Downtown Residential Special Use District, as established in Section 249.33 of this Code. The Fee shall be paid to is due and payable to the De;'ClopmentFee Collection Unit at DBI for deposit into either the Van Ness and Market Downtown Residential Special Use District Affgrdable Housing Fund or the Van Ness and Market Downtown Residential Special Use District Infrastructure Fund, as applicable, at the time required by Section 402(d) ofand in no oent later tlzan issuance o.ftlzefirst construction document, 'IVith an option }or the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge that would be paid into the appropriate fund in accordance with Section 107A.l3.3 o.fthe San Frmwisco Building Code. SEC. 429.1. DEFINITIONS. In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 429.1et seq.: * * * * Planning Commission BOARD OF SUPERVISORS Page 651 "Construction Cost" shall be determined by the Department of Building Inspection in accordance with established industry standards or in the manner used to determine the valuation of work as set forth in Section 107 4.2 of the Building Code. * * * * SEC. 430. BICYCLE PARKING IN LIEU FEE. * * * * (d) Collection of Bicycle Parking in Lieu Fee. The Bicycle Parking In Lieu Fee shall be paid to is due m~dpayable to tlze Development Pee Collectio1~ Unit at OBI for deposit into the Bicycle Parking Fund at the time required bv Section 402(d) prior to issuance o.fthefirst construction document in accordance rtlitlt Section 1 0 7A.13 .15 of the San Francisco Building Code. * * * * SEC. 432.2. APPLICATION OF FEES. * * * * (d) Timing of Fee Payments. The Fee shall be paid to is due andpayable to the De-.,·elopment Pee Collection Unit at OBI for deposit into the Central SoMa Community Services Facilities Fund at the time required by Section 402(d) o.fand in no event later than issuance ofthe first construction document, with an option for the project sponsor to defer payment to prior to issuance qfthefirst certificate qfoccupancy upon agreeing to pay a deferral surcharge that ',vould be paid into the appropriate fund in accordance rFitlt Section 1 0 7A.13. 3 of the San Prm~cisco Building Gede. * * * * SEC. 433.2. APPLICATION OF FEES. * * * * (d) Timing of Fee Payments. The Fee shall be paid is due m~dpayable to the- Development I"ee Collection Unit at DB I for deposit into the Central SoMa Infrastructure Impact Fund Planning Commission BOARD OF SUPERVISORS Page 66 at the time required by Section 402(d) o.fand in no event later t"Lzan issuance ofthefirst construction document, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge that would be paid into the appropriatej'bmd in accordance 1Fith Section107A.13.3 ofthe San Francisco Building Code. SEC. 603. EXEMPTED SIGNS. * * * * (f) To the extent not otherwise exempted pursuant to subsection (a) of this Section 603 61-{), any Historic Movie Theater Projecting Sign or Historic Movie Theater Marquee when preserved, rehabilitated, restored, or reconstructed pursuant to Section 188(e) of the Planning Code. SEC. 607.1. NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL-COMMERCIAL DISTRICTS. * * * * (f) Business Signs. Business Signs, as defined in Section 602 shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below. (1) NC-1 and NCT -1 Districts. * * * * (D) Signs on Awnings. Sign copy may be located on permitted Awnings in lieu of Wall Signs and projecting signs i:gns. The Area of such sign copy as defined in Section 602 shall not exceed 20 square feet. Such sign copy may be Nonilluminated or Indirectly Illuminated. * * * * SEC. 607.2. MIXED USE DISTRICTS. * * * * Planning Commission BOARD OF SUPERVISORS Page 67 (f) Business Signs. Business Signs, as defined in Section 602 shall be permitted in all Mixed Use Districts subject to the limits set forth below. * * * * (2) * * * * Chinatown Visitor Retail District. (B) Wall Signs. The Area of all Wall Signs shall not exceed two square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 100 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the Sign is attached, whichever is lower. Such Signs may be Nonilluminated, Indirectly J llluminated, or Directly Illuminated. (C) Projecting Signs. The number of projecting Signs shall not exceed one per business. The Area of such Sign shall not exceed 24 square feet. The Height of such Sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the Sign is attached, whichever is lower. No part of the Sign shall project more than 75% of the horizontal distance from the Street Property Line to the curbline, or six feet six inches, whichever is less. Such Signs may be Non illuminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated. * * * * (E) Freestanding Signs and Sign Towers. One Freestanding Sign or Sign Tower per lot shall be permitted in lieu of a projecting Sign, if the building or buildings are recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The area of such Planning Commission BOARD OF SUPERVISORS Page 681 Freestanding Sign or Sign Tower shall not exceed 20 square feet nor shall the Height of the Sign exceed 24 feet. No part of the Sign shall project more than 75% of the horizontal distance from the Street Property Line to the curbline, or six feet, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated; or during business hours, may be Directly Illuminated. (3) Chinatown Community Business District, Eastern Neighborhoods, South of Market Mixed Use Mixed Use Districts, and the Downtown Residential Districts. * * * * (E) Freestanding Signs and Sign Towers. One Freestanding Sign or I Sign Tower per lot shall be permitted in lieu of a projecting sign if the building or buildings are I recessed from the Street Property Line. The existence of a Freestanding Business Sign shall preclude the erection of a Freestanding Identifying Sign on the same lot. The Area of such Freestanding Sign or Sign Tower shall not exceed 30 square feet nor shall the Height of the Sign exceed 24 feet. No part of the Sign shall project more than 75% of the horizontal distance from the Street Property Line to the curbline, or six feet, whichever is less. Such Signs may be Nonilluminated or Indirectly Illuminated, or during business hours, may be Directly Illuminated. SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS. * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 1 02 shall be permitted when located on the same lot. Any Use that Planning Commission BOARD OF SUPERVISORS Page 69 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. No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following: (1) The use of more than one-third of the total floor area occupied by such use and the Principal or Conditional use to which it is accessory, except in the case of accessory off-street parking and loading and as specified in subsection (d)(3) below as accessory wholesaling, manufacturing, or processing of foods, goods, or commodities,:.:- (2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in subsection (d)(7) below; * * * * SEC. 703.9. PRESERVATION OF HISTORIC BUILDINGS WITHIN THE FOLSOM STREET NCT AND RCD DISTRICTS. * * * * (b) Non-Retail Professional Services, Retail Professional Services, Philanthropic Administrativ·e Services, Financial Services, Fringe Financial Services, Gyms, Limited Financial Services, Health Services, Personal Services and Instructional Services, as defined in Section 102, are Principally Permitted,_ In the RCD District only, in addition to the above uses, Arts Activities as defined in Section 102 are Principally Permitted and Nighttime Entertainment uses as defined in Section 102 require Conditional Use authorization, except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street). For all uses listed above, prior to the issuance of Planning Commission BOARD OF SUPERVISORS Page 70 any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, shall determine that allowing the use will enhance the feasibility of preserving the building. The project sponsor must also submit a Preservation, Rehabilitation, and Maintenance Plan that describes any proposed preservation and rehabilitation work and that guarantees the maintenance and upkeep of the historic resource for approval by the Department. This Plan shall include: * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE NC-1 Zoning Category § References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * . * * * * Dwelling Unit Mix §§ 207.6, 207.7 Not required * * * * * * * * * * * * Residential Uses Controls by Story 1st 2nd 3rd+ Residential Uses § 102 p p p * * * * * * * * * * * * Planning Commission BOARD OF SUPERVISORS Page 71 Dwelling Unit Density §§ 102, 207 Group Housing Density § 208 * * * * * * * * Zoning Category § References NON-RESIDENTIAL STANDARDS * * * * Sales and Service Use Category Retail Sales and Service § 102 Uses* * * * * * * * * Services, Fringe Financial § 102 * * * * * * * * * * * * *Not listed below * * * * 1 unit per 800 square foot lot area, or the density permitted in the nearest Residtmtial District, whichever is greater. 1 bedroom per 275 square foot lot area, or the density permitted in the nearest Residential District, whichever is greater. * * * * Controls P(2)(3) NP NP * * * * NPilQl NPilQl NPQQl * * * * (1 0) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD). Fringe Financial Services are NP within any_ FFSRUD and its one- uarter mile bu fer 72ursuant to Section f.i 249.35. Outside any_ FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c){3). SEC. 711. NC-2- SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * I I I I I Planning Commission BOARD OF SUPERVISORS Page 721 Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * NC-2 Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES I I Development Standards I * * * * * * * * * * * * I Dwelling Unit Mix §§ 207.6, 207.7 Not required * * * * * * * * * * * * Residential Uses Controls by Story 1st 2nd 3rd+ Residential Uses § 102 p p p * * * * * * * * * * * * 1 unit per 800 square foot lot area, or Dwelling Unit Density §§ 102, 207 the density permitted in the nearest Residentiel District, whichever is greater. 1 bedroom per 275 square foot lot area, Group Housing Density § 208 or the density permitted in the nearest Residentiel District, whichever is greater. **** * * * * * * * * * Not listed below * * * * (6) FRINGE FINANCIAL SPECL1L SERVICE RESTRICTED USE DISTRICT (FFSRUD): The FFSUD FFSRUD and its one-quarter mile buffer includes, but is not limited to, properties ~. Planning CommisSIOn BOARD OF SUPERVISORS Page 731 I within: the Mission Alcoholic Beverage Special Use District,:_,-the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District; the Divisadero Street Alcohol Restricted Use District; and the North of Market Residential Special Use District and the Assessor's Blocks and Lotsfronting on both sides of}r1ission Streetjrom Silver Avenue to the Daly City borders as set forth in Special Use DistrictA1aps SUll andSU12; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Fringe Financial Services are NP Wwithin the anv FFSRUD and ·its one-quarter mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the any FFSRUD and its* one-quarter mile buffer,f.Fringe fEinancial &Services are P subject to the restrictions set forth in subsection Section 249.35(c)(3). * * * * SEC. 712. NC-3- MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE * * * * NC-3 Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * * * * Dwelling Unit Mix §,{ 207.6, 207.7 Not required * * * * * * * * * * * * I I I I Planning Commission BOARD OF SUPERVISORS Page 741 Residential Uses Residential Uses **** Dwelling Unit Density Group Housing Density * * * * 1 0 * Not listed below * * * * § 102 * * * * §§ 102, 207 § 208 * * * * Controls by Story 1st 2nd 3rd+ p p p **** 1 unit per 600 square foot lot area, or the density permitted in the nearest Residential District, whichever is greater. 1 bedroom per 210 square foot lot area, or the density permitted in the nearest Residential District, whichever is greater. * * * * (6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): The FFSRUD and its one-quarter mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District; the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District; the Divisadero Street Neighborhood Commercial District; and the North of Market Residential Special Use District and the Assessor's Blocks and Lots :fronting on both sides of},fission Streetfrom Silver Avenue to the Daly City borders as set fortlz in Special Use District}efaps SUll and SUJ2; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Fringe Financial Services are NP Wwithin the any FFSRUD and its one-quarter mile buffer, fringe financial services are 1'/P pursuant to Section 249.35. Outside any the FFSRUD and its one-quarter mile buffer,fEringejEinancial &Services are P subject to the restrictions set forth in subsection 249.35(c)(3). * * * * Planning Commission BOARD OF SUPERVISORS Page ?5I SEC. 713. NC-S- NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. NC-S Districts are intended to serve as small shopping centers or supermarket sites which provide retail goods and services for primarily car-oriented shoppers. They commonly contain at least one anchor store or supermarket, and some districts also have small medical office buildings. The range of services offered at their retail outlets usually is intended to serve the immediate and nearby neighborhoods. These districts encompass some of the most recent (post-1945) retail development in San Francisco's neighborhoods and serve as an alternative to the linear shopping street. Shopping centers and supermarket sites contain mostly one-story buildings which are removed from the street edge and set in a parking lot. Outdoor pedestrian activity consists primarily of trips between the parking lot and the stores on-site. Ground and second stories are devoted to retail sales and some personal services and offices. The NC-S standards and use provisions allow for medium-size commercial uses in low- scale buildings. Rear yards are not required for new development. Most neighborhood-serving retail businesses are permitted at the first and second stories, but limitations apply to fast food restaurants and take out food uses. Some auto uses are permitted at the first story. Limited storage and administrative service activities are permitted with some restrictions. Housing development in new buildings is permitted. Existing residential units are protected by limitations on demolitions and prohibitions of upper-story conversions. Accessory Dwelling Units are permitted within the District pursuant to subsection 207(c)(4) of this Code. SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Planning Commission BOARD OF SUPERVISORS Page 76 * * * * Excelsior Outer Mission NCO Zoning Category § References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * * * * Dwelling Unit Mix §§ 207 .6, 207. 7 Not required * * * * * * * * * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * North Beach NCO Zoning Category § References Controls **** RESIDENTIAL STANDARDS AND USES Development Standards **** **** **** Dwelling Unit Mix §§ 207.6 207.7 Not required * * * * * * * * * * * * I Residential Uses I Controls By Story I Planning Commission BOARD OF SUPERVISORS Page 77 1st 2nd 3rd+ Residential Uses § 102 NP(11) p p **** **** * * * * 1 unit per 400 square foot lot area or Dwelling Units §§ 102, 207 the density permitted in the nearest Residential District, whichever is greater. **** **** **** Loss of Dwelling Units 1st Controls by Story 2nd 3rd+ **** **** **** **** **** Residential §i 317, 780.3CclC41 c NP NP Conversion * * * * * * * * * * * * * * * * * * * * * * * * SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Union Street NCD Zoning Category § References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards Planning Commission BOARD OF SUPERVISORS Page 78 II * * * * * * * * * * * * Dwelling Unit Mix §§ 207.6, 207.7 Not required * * * * * * * * * * * * I Residential Uses Controls By Story 1st 2nd 3rd+ Residential Uses § 102 p p p * * * * * * * * * * * * 1 unit per 600 square foot lot area or the I Dwelling Units §§ 102, 207 density permitted in the nearest Residential District, 'vvhichever is greater. 1 bedroom per 210 square foot lot area, or Group Housing § 208 the density permitted in the nearest Reside1qfial District, whichever is greater. * * * * * * * * * * * * I * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Pacific Avenue NCO Zoning Category § References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * * * * Planning Commission BOARD OF SUPERVISORS Page 79 No less .than 40% of the total number of proposed Dwelling Units shall contain at. Dwelling Unit Mix §§ 207.6, 207.7 least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. * * * * * * * * * * * * Residential Uses Controls By Story 1st 2nd 3rd+ Residential Uses § 102 p p p * * * * * * * * * * * * 1 unit per 1,000 square foot lot area or the Dwelling Units §§ 102, 207 density permitted in the nearest Residential District, whichever is greater. 1 bedroom per 275 square foot lot area, or Group Housing § 208 the density permitted in the nearest Residential District, whichever is greater. * * * * * * * * * * * * *Not listed below * * * * (3) [Note deleted. 7 C required ifuse sells alcohol * * * * SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * I I I Lakeside Village NCO I Controls Planning Commission BOARD OF SUPERVISORS Page 80 * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS * * * * NON-RESIDENTIAL USES Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category Retail Sales and § 102 p NP NP Service Uses* - * * * * * * * * * * * * * * * * * * * * Services, Fringe § 102 NPQl NPQl NPQl Financial * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * C22 FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT Fringe Financial Services are NP within an}!_ FFSRUD and its one-quarter mile bufl§r J2_Ursuant to Section 249.35. Outside any_ FFSRUD and its one-quarter mile bufl§r, Fringe Financial Services are P subfect to the restrictions set forth in Section 249.35{c){32. SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * West Portal Avenue NCO Zoning Category § References Controls * * * * Planning Commission BOARD OF SUPERVISORS Page 81 RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * Dwelling Unit Mix §§: 207.6, 207.7 * * * * * * * * Residential Uses Residential Uses § 102 * * * * * * * * Dwelling Units §§ 102, 207 Group Housing § 208 * * * * * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * **** 21 II II Institutional Use Category Institutional § 102 Uses* * * * * * * * * Planning Commission BOARD OF SUPERVISORS * * * * Not required * * * * Controls By Story 1st 2nd 3rd+ p p NP * * * * 1 unit per 800 square foot lot area or the density permitted in the nearest Residel'ltial District, whichever is greater. 1 bedroom per 275 square foot lot area, or the density permitted in the nearest Resitkmtial District, whichever is greater. * * * * Controls By Story 1st 2nd 3rd+ c c NP * * * * I l I I I I Page 82! Residential Care § 102 P(,tf p p Facility * * * * * * * * * * * * * * * * SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Cole Valley NCD Controls * * * * Zoning Category §References Controls NON-RESIDENTIAL STANDARDS * * * * NON-RESIDENTIAL USES Controls by Story 1st 2nd 3rd+ * * * * Sales and Service Use Category Retail Sales and Service Uses* * * * * Services, Fringe Financial * * * * *Not listed below .. Plannmg CommiSSion BOARD OF SUPERVISORS § 102 * * * * § 102 * * * * ' p NP NP * * * * * * * * * * * * NPQl NPQl NPQl * * * * * * * * * * * * Page 831 * * * * (2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT. Fringe Financial Services are NP within any FFSRUD and its one-quarter mile buffer pursuant to Section 249.35. Outside any FFSRUD and its one-quarter mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c){3). SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * Dwelling Unit Mix §§ 207.6, 207.7 * * * * * * * * Loss and Division of Dwelling Units * * * * * * * * Planmng CommiSSion BOARD OF SUPERVISORS * * * * Regional Commercial District Controls * * * * 40% of Dwelling Units shall contain at least two Bedrooms, or 30% of Dwelling Units shall contain at least three Bedrooms. * * * * Controls By Story 1st I 2nd I 3rd+ **** Page 841 SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Divisadero St. NCT Zoning Category § References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * * * * 40% of Dwelling Units shall contain at Dwelling Unit Mix §§: 207.6. 207.7 least two Bedrooms, or 30% of Dwelling Units shall contain at least three Bedrooms. * * * * * * * * * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Commercial Use Characteristics Drive-up Facility § 102 NP * * * * * * * * * * * * * * * * SEC. 763. 24TH STREET- MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. n c ·s . Pia n1ng omm1 s1on BOARD OF SUPERVISORS Page 851 The 24th Street- Mission Neighborhood Commercial Transit District is situated in the Inner Mission District on 24th Street between Bartlett Street and San Bruno Avenue. This mixed-use district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services to a wider trade area. The street has a great number of Latin American restaurants, grocery stores, and bakeries as well as other gift and secondhand stores. Most commercial businesses are open during the day while the district's bars and restaurants are also active in the evening. Dwelling Units are frequently located above the ground-story commercial uses. The 24th Street- Mission Neighborhood Commercial Transit District controls are 1 0 designed to provide potential for new development consistent with the existing scale and character. Small-scale buildings and neighborhood-serving uses are encouraged, and rear yard corridors above the ground story and at residential levels are protected. Most commercial uses are encouraged at the ground story, while service uses are permitted with some limitations at the second story. Special controls are necessary to preserve the unique mix of convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, new bars andfastfoodrestaurants are prohibited, and limitations apply to the development and operation of ground-story full service restaurants, take out food and entertainment uses. Continuous retail frontage is maintained and encouraged by prohibiting most automobile and drive-up uses, banning curb cuts, and requiring active, pedestrian-oriented ground floor uses. Parking is not required, and any new parking required to be set back or below ground. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing housing units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and Planning Commission BOARD OF SUPERVISORS Page 86 subdivisions. Given the area's central location and accessibility to the City's transit network, accessory parking for Residential Uses is not required. * * * * SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides goods- goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets. * * * * SEC. 780. NEIGHBORHOOD COMMERCIAL SPECIAL USE DISTRICTS. {e:) Purpose. In order to provide, maintain, and strengthen viable neighborhood commercial districts, promote the multiple use of neighborhood commercial areas, and protect environmental quality in neighborhood commercial areas, there shall be Neighborhood Commercial Special Use Districts. The designations, locations and boundaries of these Neighborhood Commercial Special Use Districts shall be as provided in Section 780.1 as shown on Sectional Maps of the Zoning Map referred to in Sections 1 05 and 106 of this Code, subject to the provisions of Sections 105 and 106. The original of the numbered sectional maps of the Zoning Map for Special Use Districts referred to in Section 780.1 of this Code is on file with the Clerk of the Board of Supervisors under File No. 115-87-4. In any Neighborhood Commercial Special Use District, the provisions of the applicable use district Planning Commission BOARD OF SUPERVISORS Page 87 established by Section 702-:--1- shall prevail, except as specifically provided in Section 780.1 and Section 249.14 "Third Street Special Use District," as designated on Sectional Map 1 OSU of the Zoning Map. The provisions set forth in this Section shall be applicable to all property, whether public or private, therein. SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT. * * * * (b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shall apply to the Lakeshore Plaza Special Use District, except as provided below: ~oning Controls Category No. The 26-40-X height district requires eConditional uUse authorization approval .1 0 for heights over 26 feet not exceeding 40 feet. .27 Hours of eOperation shall be permitted as apfrincipal uUse from 6 a.m. to 11 p.m. and as a eConditional uUse from 11 p.m. to 6 a.m. . 30 General advertising signs are not permitted . .41 Bars are permitted as eConditional uUses at the }Eirst and &~econd &Stories . .44 IT.imited Restaurants are permitted as Conditional Uses at the }Eirst and &~econd sStories. Movie Theaters theatre& are permitted as eConditional uUses at the }Eirst and .46 &~econd &Stories. .48 if)the:r- General and Nighttime eEntertainment is permitted as a eConditional uUse at the }Eirst and &~econd &Stories. * * * * * * * * SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT. * * * * (c) Controls. The following provisions shall apply within such District: I Planning Commission BOARD OF SUPERVISORS Page 881 (1) Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant, and Bar uses may be permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below; provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required if the use remains the same as the prior authorized use, with no enlargement or intensification of use that the fellorving shall apply;_-;- * * * * (2) Alcohol Licenses. A Restaurant may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 02, 23,_ 41, 47, 49, 59 or 75) as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds, based on information submitted to the Department by the applicant, that the Restaurant is and will continue to operate as a Bona-Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona-Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation per Planning Code Section 303(f). To verify that the Restaurant is continuing to operate as a Bona-Fide Eating Place, records of the Restaurant's gross receipts, showing that a minimum of 51% of its gross receipts within the last year preceding the Department's request is from food sales prepared and sold to guests on the premises, shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. * * * * Planning Commission BOARD OF SUPERVISORS Page 891 (5) Specialty Food Manufacturing. Within the North Beach SUD a Specialty Food Manufacturing use, as defined in this- subsection Section 780.3(b)Ql, may only be permitted with a Conditional Use authorization on the Ground Floor or below. SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT. * * * * (c) Controls. * * * * (4) Continuation of existing Prohibited Liquor Establishments. In the Haight Street Alcohol RUSD, any prohibited liquor establishment may continue in accordance with Sections 180 through 186.2 of this Code, subject to the following provisions::_ * * * * SEC. 788. LOWER POLK STREET ALCOHOL RESTRICTED USE DISTRICT. * * * * (c) Definitions. * * * * (3) An "on sale liquor establishment" shall mean a Bar use,_ SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS. * * * * (g) Other Chinatown Mixed Use District Provisions. (1) Garages in Existing Residential Buildings. Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Planning Commission shall find that: Planning Commission BOARD OF SUPERVISORS I Page 90 1 (4.e) the proposed garage opening/addition of off-street parking will not cause the "removal" or "conversion of residential unit," as those terms are defined in Section 317 of this Code; (lie) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate amount; (Ce) the building has not had two or more "no-fault" evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years, and (Dd) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (4.e), (fie), and (Ce) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (Dd) above. SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * (b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted. (1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary or not permitted use. Planning Commission BOARD OF SUPERVISORS Page 911 II I' * * * * (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Rand ]'!C Districts), 204.2 (Accessory Uses for Uses Other Than IAvellings in R Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an ttd_ccessory uUse is a related minor use which is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or is appropriate, incidental, and subordinate to any such use, and shall be permitted as an Accessory Use in an Eastern Neighborhoods Mixed Use District. In order to accommodate a Principal Use which is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-office uses (as defined in Section 890.70) may occupy space which is noncontiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use. No use will be considered accessory to a Principal Use which involves or requires any of the following: (i) The use of more than one-third of the total Occupied Floor Area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151, 156 and 303 of this Code; Planning Commission BOARD OF SUPERVISORS Page 92 (ii) A hHotel, mMotel, inn, hostel, a4dult e~ntertainment, mMassage e~stablishment, large fost food restaurant, or mMovie tl)leater use in a RED, RED- MX, SPD, DTR, MUG, WMUG, MUR, MUO, CMUO, WMUO, SALI or UMU District; (iii) Any take outfood use, except for a take out food liSe which occupies 100 square J+eet or less (including the area devoted to foodpreparation and ser;;ice and excluding storage and waiting areas) in a restaurant, bar, catering establishmCJ~t, bakery, retail grocery or specialty food store. (iii w) Any sign not conforming to the limitations of Section 607.2(f)(3). (iv :v) Medical Cannabis Dispensaries as defined in 890.133. (:Ew) Any nNighttime e~ntertainment use, as defined in Section 1 02; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1 060et et seq.is allowed in any District except for an RED, RED-MX, MUR, or MUG District. (vim) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3). (viiw) Catering Uses that do not meet the limitations set forth in Section 703(d)(3)(8). (D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts to the extent authorized by Sections 205 through 205.3 of this Code. SEC. 803.4. USES PROHIBITED IN SOUTH OFJ11ARKETA1VD EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (a) No use, even though listed as a permitted use or otherwise allowed, shall be permitted in an Eastern Neighborhood Mixed Use District that, by reason of its nature or Planning Commission BOARD OF SUPERVISORS Page 931 manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. (Q_c) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section · 202@)(1 )#-9. SEC. 803.9. USES IN MIXED USE DISTRICTS. * * * * (f) Vertical Controls for Office Uses. (1) Purpose. In order to preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories, additional vertical zoning controls shall govern office uses as set forth in this Sectim'l subsection {j)_. (2) Applicability. This Section shall apply to all office uses in the MUG and UMU Districts and all office uses in buildings in the PDR-1-D and PDR-1-G Districts that are designated as landmarks pursuant to Article 10 of the Planning Code, where permitted. (3) Definitions. Office use shall be as defined in Section 890.70 of this Code. (4) Controls. (A) Designated Office Story or Stories. Office uses are not permitted on the ground floor, except as specified in Sections 840.65A and 843.65A. Office uses may be permitted on stories above the ground floor if they are designated as office stories. On any designated office story, office uses are permitted, subject to any applicable use size limitations. On any story not designated as an office story, office uses are not permitted. When an office use is permitted on the ground floor per Sections 840.65A and 843.65A, it Planning Commission BOARD OF SUPERVISORS Page 94 shall not be considered a designated office story for the purposes of S~ubsection ([h)(4)(D) below. * * * * (g) Retail Controls in the MUG, MUO, CMUO, and UMU Districts. In the MUG, MUO, CMUO, and UMU District, up to 25,000 gross square feet of retail use (as defined in Section 890.104 of this Code) is permitted per lot. Above 25,000 gross square feet, three gross square feet of other uses permitted in that District are required for every one gross square foot of retail. In the UMU District, gGyms, as defined in Section 102&c. 218(d), are exempt from this requirement. In the CMUO District, Tourist Hotels, as defined in Sec. 890.46, 1 0 are exempt from this requirement. SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Chinatown Community Business District Zoning § References Controls Category BUILDING STANDARDS Massing and Setbacks §§ 102:-1-2:, 105, 106, 250 - 40-X, 50-N, 65-N, 65-A, 65-85-A. P Height and Bulk Limits~ 252, § 254, 260, 263.4 up to 35 feet; C above 35 feet. See 270, 271. See also Height Height and Bulk Map for more and Bulk District Maps information. * * * * * * * * * * * * RESIDENTIAL STANDARDS AND USES * * * * * * * * * * * * Planning Commission BOARD OF SUPERVISORS Page 951 Residential Uses Residential Uses Accessory Dwelling Unit Density * * * * *Not listed below **** §§ 102, 207(c)(4) * * * * Controls by Story 1st 2nd 3rd+ p p p Accessory Dwelling Units are permitted to be constructed within an existing building zoned for residential use or within an existing and authorized auxiliary structure on the same lot, provided that it does not eliminate or reduce a ground- story retail or commercial space. * * * * (2) Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that: **** (c) the building has not had two or more "no-fault" evictions, as defined in Section 37.9 (a)(7) through (9) and (11) throuh1 (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years,:_, and * * * * (3) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs. SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * Planning Commission BOARD OF SUPERVISORS Page 96 Table 811 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Zoning Category § References BUILDING STANDARDS Massing and Setbacks §§ 102:--1-:J, 105, 106, 250- Height and Bulk Limits~ 252, § 254, 260, 263.4, 270, 271. See also Height and Bulk District Maps * * * * * * * * RESIDENTIAL STANDARDS AND USES * * * * Residential Uses Residential Uses Accessory Dwelling Unit Density * * * * * Not listed below **** Planmng Comm1ss1on BOARD OF SUPERVISORS * * * * §§ 102, 207(c)(4) * * * * Chinatown Community Business District Controls 40-X, 50-N, 65-N, 65-A, 65-85-A. P up to 35 feet; C above 35 feet. See Height and Bulk Map for more information. * * * * * * * * Controls by Story 1st 2nd 3rd+ p p p Accessory Dwelling Units are permitted to be constructed within an existing building zoned for residential use or within an existing and authorized auxiliary structure on the same lot, provided that it does not eliminate or reduce a ground- story retail or commercial space. * * * * Page 971 . 12 (2) Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that: * * * * (c) the building has not had two or more "no-fault" evictions, as defined in Section 37.9 (a)(7) through (9) and (11) throuh through (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years,:,- and * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category BUILDING STANDARDS Massing and Setbacks Height and Bulk Limits * * * * § References §§ 1 02-:4-:J, 105, 106, 250- 252, § 254, 260, 263.4' 270, 271. See also Height and Bulk District Maps * * * * RESIDENTIAL STANDARDS AND USES Planning Commission BOARD OF SUPERVISORS Chinatown Residential Neighborhood Commercial District Controls 40-X, 50-N, 65-N, 65-85-N, & 11 0-G. P up to 35 feet; C above 35 feet. See Height and Bulk Map for more information. * * * * Page 98 I**** I**** I**** Residential Uses Controls by Story 1st 2nd 3rd+ Residential Uses p p p Accessory Dwelling Units are permitted to be constructed within an existing building zoned for Accessory Dwelling §§ 102, 207(c)(4) residential use or within an existing Unit Density and authorized auxiliary structure on the same lot, provided that it does not eliminate or reduce a ground- story retail or commercial space. Dwelling Unit Density § 207 Up to 1 unit per 200 sq. ft. lot area. * * * * * * * * * * * * *Not listed below (1) Installation of a garage in an existing residential building of four or more units requires a mandatory discretionary review by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Commission shall find that: * * * * (c) the building has not had two or more "no-fault" evictions, as defined in Section 37.9 (a)(7) through (9) and (11) through (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years,:., and * * * * (2) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs. SEC. 840. MUG- MIXED USE-GENERAL DISTRICT. The Mixed Use-General (MUG) District is largely comprised of the low-scale, production, distribution, and repair (PDR) uses mixed with housing and small-scale retail. The I I Planning Commission BOARD OF SUPERVISORS Page 99 I I ~ MUG is designed to maintain and facilitate the growth and expansion of small-scale light manufacturing industrial, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. Housing is encouraged over ground floor commercial and PDRproduetion, distribution, and repair uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units would be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Hotels, nNighttime entertainment, movie theaters, adult entertainment and heavy manufacturing industrial uses are not permitted. Office is restricted to the upper floors of multiple story buildings. Table 840 MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. ~oning Category § References Mixed Use-General District Controls Building and Siting Standards * * * * * * * * Design 840· 19 Guidelines * * * * * * * * Residential Uses * * * * 840.22 * * * * Group Housing Planmng Comm1ss1on BOARD OF SUPERVISORS * * * * General Plan Commerce and Industry Element; Central SoMa Plan * * * * * * * * §§ 249.78(c)(8), 890.88(b) * * * * Subject to the Urban Design Guidelines; and, in he Central SoMa SUD, subject to the Central lpoMa GHide to Citywide Urban Design Guidelines. * * * * * * * * NP in Central SoMa SUD, except Group Housing uses that are also defined as Student Housing, Senior Housing_, or Residential Care Facility, Page 100 I are designated for persons with disabilities, are designated for Transition Age Youth, or are contained in buildings that consist of 100% affordable units. §§ 249.78(c)(7), NP in Central SoMa, except in buildings that 840.23 SRO Units consist of 100% affordable units, as defined in 890.88(c) Section 249. 78(c)(7). * * * * * * * * * * * * * * * * * * * * SEC. 841. MUR- MIXED USE-RESIDENTIAL DISTRICT. The Mixed Use-Residential District (MUR) is 'intended to facilitate the development of high-density, mid-rise housing, including family-sized housing and residential hotels. The district is also designed to encourage the expansion of retail, business service and commercial and cultural arts activities. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Continuous ground floor commercial frontage with pedestrian-oriented retail activities along major thoroughfares is encouraged. Hotels, nighttime entertainment, adult entertainment and heavy manufacturing industrial uses are not permitted. Office is limited by residential-to-non residential ratio in new construction. Table 841 MUR- MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE No. Zoning § References Mixed Use-Residential District Controls Category Building and Siting Standards * * * * * * * * * * * * * * * * General Plan Subject to the Urban Design Guidelines; and, in Design Commerce and 841.19 ~he Central SoMa SUD, subject to the Central Guidelines Industry Element; ~Guide te CitJ!J1!_ide Urban Design Guidelines. Central SoMa Plan * * * * * * * * * * * * * * * * I Planning Commission BOARD OF SUPERVISORS Page 1011 Residential Uses 84121 Dwelling Units § 102 p NP in Central SoMa SUD, except Group Housing uses that are also defined as Student Housing, Senior Housing, or Residential Care Facility, 841.22 Group Housing §§ 249.78(c)(8), 890.88(b) are designated for persons with disabilities, are designated for Transition Age Youth, or are I contained in buildings that consist of 1 00% affordable units. I 841.23 SRO Units §§ 249.78(c)(7), NP in Central SoMa SUD, except in buildings that 890.88(c) consist of 100% affordable units, as defined in ..._* _*_*_* _ _.*_* _*_* __ ___._*_*_*_*------"--~~~~~~~on 249. 78( c)(7). I * * * * SEC. 842. MUO - MIXED USE-OFFICE DISTRICT. The Mixed Use-Office (MUO) is designed to encourage office uses and housing, as well as small-scale light manufacturing industrial and arts activities. Nighttime entertainment and small tourist hotels are permitted as a conditional use. Large tourist hotels are permitted as a conditional use in certain height districts. Dwelling units and group housing are permitted, while demolition or conversion of existing dwelling units or group housing requires conditional use authorization. Family-sized housing is encouraged. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Office, general commercial, most retail, production, distribution, and repair uses are also principal permitted uses. Adult entertainment and heavy manufacturing industrial uses are not permitted. * * * * I Planning Commission BOARD OF SUPERVISORS Page 1021 SEC. 844. WMUG - WSOMA MIXED USE-GENERAL DISTRICT. The WSoMa Mixed Use-General (WMUG) District is largely comprised of the low-scale, production, distribution, and repair uses mixed with housing and small-scale retail. The WMUG is designed to maintain and facilitate the growth and expansion of small-scale light manufacturing industrial, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. Housing is encouraged over ground floor commercial and production, distribution, and repair uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units will be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Hotels, nighttime entertainment, movie theaters, adult entertainment and heavy manufacturing industrial uses are not permitted. Office use is restricted to customer-based services on the ground floor. 845. WMUO- WSOMA MIXED USE-OFFICE DISTRICT. * * * * The WSoMa Mixed Use-Office (WMUO) runs predominantly along the Townsend Street corridor between 4th Street and 7th Street and on 11th Street, from Harrison Street to the north side of Folsom Street. The WMUO is designed to encourage office uses along with small-scale light manufacturing industrial and arts activities. Nighttime entertainment is permitted, although limited by buffers around RED and RED-MX districts. Planning Commission BOARD OF SUPERVISORS Page 103 Office, general commercial, most retail, production, distribution, and repair uses are also principal permitted uses. Residential uses, large hotels, adult entertainment and heavy manufacturing industrial uses are not permitted. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. * * * * SEC. 846. SALt- SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. The Service/Arts/Light Industrial (SALI) District is largely comprised of low-scale buildings with production, distribution, and repair uses. The district is designed to protect and facilitate the expansion of existing general commercial, manufacturing, home and business service, and light manufacturing industrial activities, with an emphasis on preserving and expanding arts activities. Nighttime Entertainment is permitted although limited by buffers around RED and RED-MX districts. Residential Uses, Offices, Hotels, and Adult Entertainment uses are not permitted, except that certain Affordable Housing Projects are permitted within the district pursuant to Section 846.24 of this Code, and Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. * * * * SEC. 848. CMUO - CENTRAL SOMA MIXED-USE OFFICE DISTRICT. The Central SoMa Mixed Use-Office (CMUO) extends predominantly between 2nd Street and 6th Street in the South of Market area. The CMUO is designed to encourage a mix of residential and non-residential uses, including office, retail, light manufacturing industrial, arts activities, nighttime entertainment, and tourist hotels. Table 848 CMUO- CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Central SoMa Mixed Use-Office District Controls Planning Commission BOARD OF SUPERVISORS Page 104l I Zoning Category I § References I Controls BUILDING STANDARDS * * * * Miscellaneous * * * * * * * * * * * * General Plan Commerce and Subject to the Citywide Urban Design Guidelines Industry Design Guidelines,_tmd Gentrel Element; Central So}.Ja Gttide to Urben Design. SoMa Plan * * * * APPENDIX C TO ARTICLE 11 CATEGORY Ill BUILDINGS Address of Block Lot(s) Name of Building Building * * * * * * * * * * * * * * * * 844 Folsom St. J.7.()4 Victor Equipment Company 3733 850 Folsom St. J.7.()4 Victor Equipment Company 3733 * * * * * * * * * * * * * * * * Section 3. The Administrative Code is hereby amended by deleting Section 2A.54 and revising Sections 5.132, 8.28, 29A.1, 41.4, 60.3, 61.2, 61.6, 61.7, 79.2, and 79.3, to read as follows: CHAPTER2A: EXECUTIVE BRANCH * * * * I Planning Commission BOARD OF SUPERVISORS Page 105 I SEC. 2A.54. PL4NN/1VG COAIAI!SSI~NEVALUAT!Ol'l OFAIEDIC4L C4NNA~!S DISPEIVSARYLOC4TIONREGULATI~1VS. (a) The Board (}}Supervisors hereby directs tlze Planning Commission, by no later than }Aay I, 2014, to submit a 'r'rlritten report to Board ofSupervisors evaluating the impacts on communities in which MCDs are located and to make recommendations regarding ',f!hetlwr Planning Code provisions gmerning the location (}jA1CDs, including but not limited to Planning Code Sections 209. 3(k), 217(k), 790.141 and 890.133, should be amended. In this report, tlw Board ofSupervisors directs the Planning Commission to address the fellmtring consideratimqs, at a minimum: (1) The extent to Vh~ich },1CDs are concentrated in particular communities 'r'rlithin San 1 0 Francisco; (2) The nature and extent (}!effects o.fthe location requirements tor }dCDs on medical cannabis patients' access to medical cannabis; (3) The nature and extent ofeffccts (}jthe location requirements for },1CDs on the public health, S£?fety and welfore in the communities in which }dCDs are located; (4) Whether i1wreased community input into tlw approval process to establish an A1CD H'ould benc;fit the public health, safety and welfare, and, ifso, what procedures 'riiould be most c;ffective in increasing such community input; (5) Projected impacts on the public health, safety and we !fore ofexpanding the areas in which },!CDs can be located; al'td (6) Best operational practices that should be employed by }dCDs to ensure the public health, sqfety and welfare, including but not limited to minimum levels ofsecurity measures, hours o.f operation, and locati01q. (b) In developing this report, the Board ofSupervisors directs the Pl-anning Commission and/or Planning Department staffto consult as appropriate with City boards, convnissions, departments, entities, and (}fficials, including but not limited to the Director ofthe Department of Planning Commission BOARD OF SUPERVISORS Page 106 Building Inspection, tTw Director of the Departrnent of Public Health, the G'1iefofthe 11Jre Department, the G'1i~fofthe Police Department, and relevant community stak~holders, including existing permitted medical cannabis dispensaries within the City and County ofSan Francisco. * * * * ARTICLE XIV: BICYCLE ADVISORY COMMITTEE SEC. 5.132. POWERS AND DUTIES. The Advisory Committee shall have the power and duty to: * * * * (c) Review the policies and programs related to bicycling in the Transportation Element of the },!aster General Plan of the City and County of San Francisco, and make recommendations on the goals and their implementation to the Planning Commission of the City and County of San Francisco; * * * * CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS * * * * SEC. 8.28. CITY PLANNING FEES. The Department of City Planning Department is hereby authorized to charge fees for reproducing records which citizens have a right by law to inspect and copy as follows: 1. Photocopy of any record not exceeding 8-% inches by 14 inches (per page) $0.10 2. Photocopy of any record exceeding 8-% inches by 14 inches (per page) $0.10 The Department ofCity Planning Department is hereby authorized to sell printed copies of the A1aster General Plan, or any element thereof, and printed copies of other reports Planning Commission BOARD OF SUPERVISORS Page 107 produced by the Department. The charges for such printed copies shall be determined by the Department of City Planning Department, but shall not exceed the cost to the Department for the reproduction of such reports. There shall be no charge for one copy of the }Jaster General Plan and any elements thereof to governmental agencies or to a person who certifies under penalty of perjury that he or she is a duly authorized representative of an organization that is on the Department of City Planning!.s- Department's list of San Francisco neighborhood nonprofit organizations. The Department ofCity Planning Department shall issue written guidelines setting forth the procedure for an organization being included on such list. 1 0 CHAPTER 29A: {APPROVAL OF POWER PLANT; PLANNING CODE SEC. 303(q) CRITERIA 226.1} Sec. 29A.J. SEC. 29A.1. The Board of Supervisors shall not approve any pf_ower pf_lant (as defined in Planning Code Section 102 .JU), including approval of project funding and contract approvals, unless it finds that the pf_ower pf_lant is consistent with the criteria set forth in Planning Code Section 303(q) 226.l(e). CHAPTER41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION * * * * SEC. 41.4. DEFINITIONS. * * * * Tourist Hotel. Any building containing six or more guest rooms intended or designated to be used for commercial tourist use by providing accommodation to transient guests on a nightly basis or longer. A tourist hotel shall be considered a commercial Hotel use pursuant to as Planning Commission BOARD OF SUPERVISORS Page1081 defined in Planning Code Section I 02 790. 46 and shall not be defined as considered gGroup hHousing permitted in a residential area under as defined in Planning Code Section I 02 .J9.9:+. * * * * CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE * * * * SEC. 60.3. FINDINGS. The Board of Supervisors finds that: * * * * (g) Section 101.1 (b)(3) of the San Francisco Planning Code establishes as a Priority Policy for the San Francisco },faster General Plan "[t]hat the City's supply of affordable housing be preser\ied and enhanced." The Housing Element of the San Francisco General Plan establishes as one of its primary goals the preservation and expansion of the housing stock affordable to very low, low and moderate income households within the City. The California State Legislature has recently enacted provisions requiring the City to include in its Housing Element an analysis of existing assisted housing developments for which subsidies and applicable use restrictions may be terminated during the next 10 years, and a program for preserving such affordable units. The Legislature has also enacted provisions which clarify that the Low and Moderate Income Housing Fund moneys administered pursuant to the Health and Safety Code by redevelopment agencies may be expended for assisted housing preservation efforts. * * * * * * * * Planning Commission BOARD OF SUPERVISORS CHAPTER 61: WATERFRONT LAND USE Page 1091 SEC. 61.2. LAND USE PLANNING PROCESS. * * * * (b) The agency drafting the "Waterfront Land Use Plan" shall consult the £.#y Planning Commission to ensure development of a plan consistent with the City's 1\faster General Plan. The final plan and any subsequent amendments thereto shall be subject to a public hearing conducted by the £.#y Planning Commission to ensure consistency between the plan and the City's },faster General Plan. * * * * SEC. 61.6. DEFINITIONS. * * * * (b) "Action" includes, but is not limited to: (1) Amendments to the Planning Code and },faster General Plan; * * * * (c) "Waterfront" means land transferred to the City and County of San Francisco pursuant to Chapter 1333 of the Statutes of 1968, as well as any other property which is owned by or under the control of the Port Commission of San Francisco, and which is also in any of the following areas: ( * * * * (4) The area south of Pier98 in which all new development is subject to the Shoreline Guidelines, as shown on Map 8 (Eastern Shoreline Plan) of the Recreation and Open Space Element of the San Francisco }Jaster General Plan, in effect as of January 1, 1990. * * * * (f) "Hotel" means any use falling within the definition in Section 102 314.1 (g) of the San Francisco Planning Code in effect as of January 1, 1990; any waterside hotel having Planning Commission BOARD OF SUPERVISORS Page 110 docks to accommodate persons traveling by boat; or any facilities for providing temporary or transient occupancy. This shall not include boat berths which are provided for temporary moorage of boats. * * * * SEC. 61.7. IMPLEMENTATION. Within 180 days of the effective date of this Chapter 61 ordinance, the City and County shall: (a) Amend its },{aster General Plan, Planning Code, and other relevant plans and codes in a manner consistent with this Chapter ordinance; (b) Request and apply for conforming amendments to all applicable state and regional plans and regulations; and (c) Begin preparation of the "Waterfront Land Use Plan" required under Section 61 . 2 of this Chapter ordinance. CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS. * * * * SEC. 79.2. DEFINITIONS. For purposes of this Chapter, the following definitions shall apply: * * * * (b) "City project" shall mean the following: ill {if A project that * * * * Ql {if) "City project" shall include, but is not limited to, administrative offices, housing and other residential projects, and programs that provide services or assistance for the benefit of all or some members of the public from a fixed location. Planning Commission BOARD OF SUPERVISORS Page 111 I * * * * (d) "Significant expansion of existing use" shall mean the lesser of an addition amounting to 50 percent of gross floor area, or 1 ,500 square feet or more of gross floor area, as determined by the Zoning Administrator in accordance with Section 102:-:9- of the San Francisco Planning Code. (d) "Significant expansion of existing use" shall mean the lesser of an addition amounting to 50 percent of gross floor area, or 1 ,500 square feet or more of gross floor area, as determined by the Zoning Administrator in accordance with Section 102:-:9- of the San Francisco Planning Code. 1 0 SEC. 79.3. EXEMPTIONS. The following City projects shall be exempted from this Section: * * * * (b) A State-authorized, certified, or licensed Residential Care Facility, as defined in Section I 0 2 1Y:tmily care home, foster home, or group home sero?ing six or fewer me19tally disordered or otlwnvise disabledpersons or dependent and neglected children, in accordance with California Welfare and Institutions Code Section 5116 or as set fort1. in Section 209.3(b) of the Planning Code; * * * * Section 4. The Health Code is hereby amended by revising Section 22A, to read as follows: ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE * * * * SEC. 22A.2. DEFINITIONS. In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below: Planning Commission BOARD OF SUPERVISORS Page 1121 I "Applicant" means a person applying for any building permit as specified by Section -M€-:-:1- 106A.l of the San Francisco Building Code. * * * * "Industrial Use" means e an Industrial uUse, Automobile Use, or Utility and Infrastructure Use described in Section 102 o(the San Francisco Planning Code Sections 220 (Launderirrg, Cleaning and Pressing), 222 (Home and Business Services), 223 (Automotive), 22 4 G4nirnal Services), 225 (Wholesaling, Storage, Distribution, and Open Air Handlirrg o.fidaterials mqd Equipment) and 226 I (}Janufocturirrg end Processing). "Industrially Zoned (i.e. zoned for industrial use)" means one of the following zoning districts, as further described in Article 2 t<fthe San Francisco Planning Code: CMUO (Central SoMa Mixed Use Office), Folsom Street Neighborhood Commercial Transit (Folsom Street NCT), M-1 l (Light Industrial), M-2 (Heavy Industrial), MUG (Mixed Use-General). MUO (Mixed Used-Office), MUR (Mixed Use-Residential), PDR-1-B (Light Industrial Buffer), PDR-1-D (Light Industrial Design), PDR-1-G (Light Industrial General), PDR-2 (Core Production, Distribution and Repair), C },{(Heavy Commercial), RCD (Regional Commercial District), RED-MX (Residential Enclave-Mixed District), SPD (South Park District), RSD (Residential/Service }dixed Use), SLR (Service/Lig,ktt Industrial/Residential A1ixed Use), SLI (Service/Light Industrial), SSD (Service/Secondary Office), 1WG 6"dixed Use General), },{[]R (}dixed Use Residential), A1UD (ldixed Use Office), and UMU (Urban Mixed Use), WMUG (WSoMa Mixed Use-General), and WMUO (WSoMa Mixed Use-O(fice), or any other zoning district that allows for industrial uses, either as a principal permitted use or as a conditional use, as determined by the Zoning Administrator. * * * * Section 5. The Police Code is hereby amended by revising Sections 21, 1036.23, and 3300E.2, to read as follows: Planning Commission BOARD OF SUPERVISORS Page 1131 ARTICLE 1: PUBLIC NUISANCES * * * * SEC. 21. CONSUMING ALCOHOLIC BEVERAGES ON PUBLIC STREETS, ETC., OR ON PUBLIC PROPERTY OPEN TO PUBLIC VIEW PROHIBITED; PENALTY. (a) No person shall consume any alcoholic beverage in any quantity on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within the City and County of San Francisco; nor shall any person consume any alcoholic beverage within 15 feet of any public way or thoroughfare while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, his agent, or the person in lawful possession thereof; provided, however, that the provisions of this Section shall not apply to the interior portion of any private dwelling, habitat, or building, to the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content, or to those persons consuming alcoholic beverages while viewing a parade for which a permit has been granted pursuant to Section 367 of this Code. Further, this Section shall not be applicable in those prescribed areas and during such time for which permission for temporary use or occupancy of public streets and appurtenant areas has been granted by: (1) The Board of Supervisors pursuant to the provisions of Section 2.70 of the Administrative Code; (2) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment anywhere in San Francisco that meets the requirements of a full service ¥Restaurant use, pursuant to Planning Code Section 790.92 defined in Planning Code Section I 02, as interpreted by the Zoning Administrator; or Planning Commission BOARD OF SUPERVISORS Page 114 21 I ' (3) The Department of Public Works pursuant to the provisions of Article 5.2 of the Public Works Code for a business establishment that had a valid tables and chairs permit and California Department of Alcoholic Beverage Control beverage license or permit on the effective date of this Section 21 ordinance. * * * * ARTICLE 15: LICENSES FOR AMUSEMENTS * * * * [MECHANICAL AMUSEMENT DEVICES; ARCADES] * * * * SEC.1036.23. MECHANICAL AMUSEMENT DEVICES; LOCATION. (a) Prohibited. It shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same to be located, operated or maintained to be operated, and neither the Director nor the Entertainment Commission may issue a permit for said devices, within any area of the City zoned exclusively for residential use, as defined in Sections- 102 790.88 and 890.88 of the Planning Code or any successor legislation. The restrictions set forth in this Subsection (a) shall not apply (1) in such areas as may be designated by resolution of the Board of Supervisors, or (2) to nonprofit religious institutions, schools, hospitals, convalescent and nursing homes and nonprofit community centers. * * * * ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION * * * * SEC. 3300E.2. DEFINITIONS .. For purposes of this Article 33E, the following definitions apply: Planning Commission BOARD OF SUPERVISORS Page 115 * * * * "Large Hotel" shall mean a Hotel "toH:rist hotel" as defined in Planning Code Section 102 790. 46 that has 100 or more guest rooms and/or suites of rooms. "Large Hotel" shall not include a ~Residential hHotel1! as defined in Section 102 790. 47 of the Planning Code. * * * * Section 6. Amendment of the Planning Code's Specific Zoning Control Tables. Zoning Control Tables 713,714,715,716,717,718,719,723,724,729,730,731,732,733,734, 750, 751, 752, 753, 754, 755, 756, 757, 760, 761, 762, 763, and 764 are hereby amended identically to the amendment of Zoning Control Table 710 in Section 2 of this ordinance, to add Section 207.7 to the Reference column for Dwelling Unit Mix in the Development Standards subsection. Section 7. Amendment of the Planning Code's Specific Zoning Control Tables. Zoning Control Tables 713, 714, 715, 716, 717, 718, 719, 723, 728, 730, 731, 732, 733, and 734 are hereby amended identically to the amendment of Zoning Control Table 710 in Section 2 of this ordinance, to revise "Residential" to "R" in the Controls by Story column for Dwelling Unit Density and Group Housing Density. Zoning Control Table 724 is amended identically to revise "Residential" to "R" in the Controls by Story column only for Dwelling Unit Density. Section 8. Amendment of the Planning Code's Specific Zoning Control Tables. Zoning Control Tables 714, 715, 716, 717, 719, 720, 722, 723, 724, 725, 726, 728, 730, 752, 754, 759, 760, 762, 763, and 764 are hereby amended identically to Zoning Control Table 711 in Section 2 of this ordinance, to modify the Controls for Fringe Financial Services in Note 6 at the end of the Table, provided that the Note shall be numbered as appropriate for each Table, as follows: Planning Commission BOARD OF SUPERVISORS Page 1161 Zoning Control Tables Note# 720, 752, 754, and 760 717, 724, and 730 723, 725, 726, and 763 715, 716, 719, 728, 762, and 714 and 725 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 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. Except as stated in Sections 3, 4, 5 and 6 of this 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 Planning Commission BOARD OF SUPERVISORS Page 1171 amendment _deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS . HERRERA, City Attorney By: n:\legana\as2019\2000142\01427320.docx Planning Commission BOARD OF SUPERVISORS Page 118 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 200077 Date Passed: April14, 2020 Ordinance amending the Planning Code to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; amending Article 4 to move the language regarding timing of fee payments to the beginning of the Article and cross-reference it in the individual impact fee sections, and to add an additional fee waiver based on the replacement of gross floor area in buildings damaged or destroyed by fire or other calamity; amending the Administrative, Health, and Police Codes to correct outdated Planning Code cross-references; 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. March 30, 2020 Land Use and Transportation Committee - RECOMMENDED April 07, 2020 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 -Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee April 14, 2020 Board of Supervisors-FINALLY PASSED Ayes: 11 -Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee File No. 200077 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/14/2020 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date .A:pproved Printed at 11:15 am on 4/15/20