o0092-25

FILE NO. 250099 AMENDED IN COMMITTEE 5/19/2025 ORDINANCE NO. 92-25 [Planning Code - Health Service Uses and Reproductive Health Clinics in the Mixed Use- Office District] Ordinance amending the Planning Code to eliminate retail use size limits on Health Service Uses and Reproductive Health Clinics in the MUO ("Mixed Use-Office") District east of 7th Street; eliminating retail ratio limits in the MUO District east of 7th Street: affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Land Use and Environmental Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 250099 and is incorporated herein by reference. The Board affirms this determination. (b) On April 17, 2025, the Planning Commission, in Resolution No. 21728, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Supervisors Dorsey; Mandelman BOARD OF SUPERVISORS Page 1 City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 250099, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21728, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250099. Section 2. Background and General Findings. (a) The MUO ("Mixed Use Office") is a noncontiguous zoning district located in the South of Market Area. There are two clusters of parcels within the MUO District: one cluster west of 7th Street and the second cluster located around 2nd and 4th Streets. The needs and conditions for these two clusters are distinct. The 7th Street cluster contains a high concentration of social service providers and hotels with fewer office and retail uses. The 2nd and 4th Street cluster is at the crossroads of Downtown, South Beach, South Park, and The Embarcadero-neighborhoods with dense housing, office uses, commercial uses, and easy access for both transit and cars. The 2nd and 4th Street cluster also borders many established medical uses in Mission Bay, making it an ideal location for Health Service Uses and Reproductive Health Clinics. To that end, this ordinance eliminates retail use size limits for Health Service Uses and Reproductive Health Clinics in the MUO District east of 7th Street. Reproductive Health Clinics were formerly classified as Health Service Uses prior to the passage of Proposition O in November 2024. Proposition O principally permitted Reproductive Health Clinics citywide, and this ordinance further implements the goals of that proposition. Supervisors Dorsey; Mandelman BOARD OF SUPERVISORS Page 2 (b) This ordinance also eliminates retail ratio requirements for parcels in the MUO District east of 7th Street. The goal of the retail ratio requirement is to ensure that the MUO District is primarily composed of offices and housing by requiring that larger retail uses be built in conjunction with offices or housing. Over time, the MUO District east of 7th Street has been developed with a healthy mix of office and housing. Moreover. the office and commercial real estate market has changed drastically since 2020. Therefore, the retail ratio control is no longer needed east of 7th Street. Section 2-J. Articles 1.2 and 8 of the Planning Code are hereby amended by revising Sections 121.6 and 832, to read as follows: SEC. 121.6. LARGE-SCALE RETAIL USES. Notwithstanding any other provision of this Code, establishment of a single retail use in excess of 50,000 gross square feet in any zoning district other than the C-3 Zoning Districts shall require conditional use authorization pursuant to Section 303 unless such use already is prohibited. This Section 121.6 shall apply to the establishment of a new use and the expansion of an existing use. For purposes of this SectionL ~single retail use" shall include, except for Hotels and Motels, all Retail Sales and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code. This Section shall not apply to Health Service Uses and Reproductive Health Clinics located in the MUG District east of 7th Street. SEC. 832. MUO - MIXED USE-OFFICE DISTRICT. * * * * Table 832 MUO - MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Supervisors Dorsey; Mandelman BOARD OF SUPERVISORS Page 3 Zoning Category § References Mixed Use-Office District Controls * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Use Size Limits §121.6 C required for single retail use over 50,000 gross square feet. Single Retail Uses in excess of 120,000 gross square feet are NP._@ * * * * Sales and Service Category Retail Sales and Service §§ 102, 202.2(a) P(4)@ Uses* * * * * * Not listed below * * * * (4) In the MUO District west of 7th Street, P up to a total of 25,000 Gross Square Feet per lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail is at least 3:1. CU requirements for individual uses still apply. The ratio requirement in this footnote 4 shall not apply in the MUO District east of 7th Street. * * * * (6) The use size limits in Section 121. 6 and the use size and ratio requirements in footnote 4 of this Table 832 shall not apply to Health Service Uses and Reproductive Health Clinics located in the MUO District east of 7th Street. Supervisors Dorsey; Mandelman BOARD OF SUPERVISORS Page 4 Section J~. 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 4§. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl ..,,.G-""I U--L-IA,....G=--UA __ L,....,C,,....,O,,....-....,N-=E.,...,LS,,....,O,--N- Deputy City Attorney n :\legana\as2025\2500175\01842389.docx Supervisors Dorsey; Mandelman BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250099 Date Passed: June 17, 2025 Ordinance amending the Planning Code to eliminate retail use size limits on Health Service Uses and Reproductive Health Clinics in the MUO ("Mixed Use-Office") District east of 7th Street; eliminating retail ratio limits in the MUO District east of 7th Street; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. May 19, 2025 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE May 19, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED June 02, 2025 Land Use and Transportation Committee - RECOMMENDED June 10, 2025 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Chen, Dorsey, Engardio, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Excused: 1 - Fielder June 17, 2025 Board of Supervisors - Fl NALLY PASSED City and County of Sat1 Francisco Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Page I Printed at 9:22 am on 6/18/25 File No. 250099 ft;l_ City a11d Cou11ty of Sa11 Fra11cisco Daniel Lurie Mayor Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/17/2025 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Pri11ted at 9:22 am 011 6/18/25