o0122-23

AMENDED IN COMMITTEE FILE NO. 230371 06/12/2023 ORDINANCE NO. 122-23 [Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization] Ordinance amending the Planning Code to 1) facilitate residential uses Downtown by authorizing the conversion of non-residential uses to residential use in C (Commercial) zoning districts, and exempting such projects from requirements for rear yard, open space, streetscape improvements, dwelling unit exposure, bike parking, transportation demand management, dwelling unit mix, and Intermediate Length Occupancy controls, permitting live work units in such project, streamlining administrative approvals for projects in the C-3 zoning district, and modifying the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses; 2) economically revitalize Downtown by adding Flexible Workspace as a defined use, authorizing large scale retail uses in the C-3 zoning district, allowing window displays in the C-3 zoning district, allowing Flexible Workspace as an active ground floor commercial use along certain street frontages in C-3 zoning districts, allowing accessory storage in any C zoning district, allowing the temporary installation for 60 days of certain signs in the C-3-R district, allowing temporary non-residential uses in vacant spaces for up to one year. including formula retail, reducing density limits for Residential Dwelling Units and Senior Housing in the C-2 zoning districts east of or fronting Van Ness/South Van Ness Avenue Franklin Street/13th Street and north of Townsend Street, principally permitting Laboratory, Life Science, Agricultural and Beverage Processing, and Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing, Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools in the C-3 zoning district, allowing formula Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 1 retail as a ground floor use on Market Street, principally permitting office and design professional uses on the second floor and higher in the C-3-R zoning district, and requiring consideration of office vacancy in consideration of granting exceptions in the Transit Center Commercial Special Use District; 3) streamline sign permitting citywide and in the C-3 districts by allowing for the repair and rehabilitation of certain neon signs, and exempting existing business signs in the C-3 zoning district from certain zoning controls; 4) streamline Historic Preservation review of administrative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission; 5) provide alternatives to on-site open space in certain C-3 districts by allowing for payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive reuse by amending the Building Code to add standards for adaptive reuse of non- residential buildings; and 7) principally permit formula retail and waive size limitations for such uses on a portion of Showplace Square Area (555-9th Street, Assessor's Parcel Block No. 3781, Lot No. 003); affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough it€llics Times l"l-ew Rom€lnf-ont. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial f:ont. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Mayor Breed; Supervisors Peskin, Mandel man, Stefani BOARD OF SUPERVISORS Page 2 Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental, Land Use, and Building 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. 230731 and is incorporated herein by reference. The Board affirms this determination. (b) On May 4, 2023, the Planning Commission, in Resolution No. 21319, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 230371, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21319, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 230371. (d) On May 17, 2023, at a duly noticed public hearing, the Building Inspection Commission considered this ordinance in accordance with Charter Section 03.750-5 and Building Code Section 104A.2.11.1.1. A copy of a letter from the Secretary of the Building Inspection Commission regarding the Commission's recommendation is on file with the Clerk of the Board of Supervisors in File No. 230371. (e) No local findings are required under California Health and Safety Code Section 17958.7 because the amendments to the Building Code contained in this Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 3 ordinance do not regulate materials or manner of construction or repair, and instead relate in their entirety to administrative procedures for implementing the code and remedies available for enforcing code violations, which are expressly excluded from the definition of a "building standard" by California Health and Safety Code Section 18909(c). Section 2. General Background and Findings. (a) California faces a severe crisis of housing affordability and availability, prompting the Legislature to declare, in Section 65589.5 of the Government Code, that the state has "a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of a chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives." (b) This crisis of housing affordability and availability is particularly severe in San Francisco. It is characterized by dramatic increases in rent and home sale prices over recent years. (c) According to the Planning Department's 2020 Housing Inventory, the cost of housing in San Francisco has increased dramatically since the Great Recession of 2008-2009, with the median sale price for a two-bedroom house more than tripling from 2011 to 2021, from $493,000 to $1,580,000. This includes a 9% increase from 2019 to 2020 alone, even in the face of the COVID-19 pandemic. The median rental price for a two-bedroom apartment saw similar although slightly smaller increases, nearly doubling from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to the pandemic. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 4 (d) These housing cost trends come after decades of underproduction of housing in the Bay Area, according to the Planning Department's 2019 Housing Affordability Strategies Report. The City's Chief Economist has estimated that approximately 5,000 new market-rate housing units per year would be required to keep housing prices in San Francisco constant with the general rate of inflation. (e) Moreover, San Francisco will be challenged to meet increased Regional Housing Needs Allocation ("RHNA") goals in the upcoming 2023-2031 Housing Element cycle, which total 82,069 units over eight years, more than 2.5 times the goal of the previous eight-year cycle. The importance of meeting these goals to address housing needs is self-evident. In addition, under relatively new State laws like Senate Bill 35 (2017), failure to meet the 2023-2031 RHNA housing production goals would result in limitations on San Francisco's control and discretion over certain projects. (f) At the same time, the City faces reduced demand for office space and large increases in commercial vacancy rates, as the impacts to the workforce wrought by the COVID-19 pandemic - most notably the shift toward remote work - persist even as public health threats have waned. These changes have been particularly prominent in the Greater Downtown Area, defined as the North Financial District, South Financial District, Mid-Market, Union Square, Jackson Square, Mission Bay/China Basin, North Waterfront, Showplace Square, South of Market, and the Van Ness Corridor (referred to in this ordinance as "Downtown"). In the Greater Downtown Area, the office sector has experienced a fourfold increase in total vacancy rate between the third quarter of 2019 and the third quarter of 2022, driven largely by reduced space needs due to the rise of remote work. (g) To address the twin problems of under-utilized office space and lack of affordable and available housing in San Francisco, a recent report from the Board of Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 5 Supervisors' Budget and Legislative Analyst, dated January 6, 2023, urges City policymakers to consider programs to incentivize the conversion of office space into residential units ("BLA Report"). The BLA Report identifies various policy options to incentivize the conversion of office buildings, including reducing regulatory hurdles, such as protracted approval timeframes; exempting or relaxing projects from various standards in the Planning Code; and offering financial incentives to offset the costly architectural and engineering challenges of these conversions. (h) Prior to the COVID-19 pandemic, two-thirds of the City's total jobs were located Downtown, representing more than three-quarters of the City's total gross domestic product ("GDP"). San Francisco is also the economic hub for the Bay Area. With a $250 billion annual GDP in 2022, San Francisco accounted for more than one- quarter of the nine-county Bay Area economy - and 79% of the City's share of the Bay Area economy stems from office-based industries concentrated Downtown. Downtown- based businesses have historically generated nearly half of the City's sales tax revenue and almost all (95%) of the City's business tax revenue. This revenue funds many key services such as public safety, cleaning, open space, and transportation. (i) The shift to hybrid work, with its consequent reduction in office workers and foot traffic, has adversely impacted the City's Downtown and other sectors of the City's economy, including retail and small business, and more broadly has impacted use and activation of public space, transportation, and public safety. (k) On February 9, 2023, Mayor Breed issued a Roadmap to Downtown San Francisco's Future. Several of the plan's key policies include: (1) the economic diversification of Downtown and the revisioning of office space there, (2) expanding Downtown housing, (3) activating Downtown and enacting zoning controls that draw people Downtown, and (4) maximizing flexibility for uses and economic activity in the Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page6 Union Square area, which has historically played a unique role citywide, regionally, and internationally as a center for shopping, entertainment, and services. (I) This ordinance would incentivize the conversion of non-residential buildings into residential units by exempting eligible projects from certain Planning Code standards. It also would enact local code changes to support existing and attract new businesses Downtown, and streamline approvals to draw consumers back Downtown. (m) To achieve these ends, this ordinance contains seven sections, each of which comprises a policy objective: Section 3 includes Planning Code amendments to facilitate residential uses Downtown, including the creation of a Commercial to Residential Adaptive Reuse program; Section 4 includes Planning Code amendments to economically revitalize downtown, by creating a new Retail Sales and Service Use type and relaxing restrictions on existing uses Downtown; Section 5 includes Planning Code Amendments to streamline sign permitting in C-3 zoning districts as well as Citywide; Section 6 will streamline Historic Preservation review of administrative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work; Section 7 provides an in lieu fee alternative to on-site privately-owned public space requirements in certain C-'3 Districts; Section 8 amends the San Francisco Building Code to facilitate residential adaptive reuse of existing buildings; and Section 9 principally permits formula retail on a portion of Showplace Square Area. Section 3. Facilitate Residential Uses Downtown. The Planning Code is hereby amended by revising Sections 102, 134, 135, 140, 155.1, 155.2, 207.7, 210.1, 210.2, 260, 309, and 309.1, and adding Section 210.5, to read as follows: SEC. 102. DEFINITIONS. Mayor Breed; Supervisors Peskin, Mandel man, Stefani BOARD OF SUPERVISORS Page 7 * * * * City. The City and County of San Francisco. Commercial to Residential Adaptive Reuse. Commercial to Residential Adaptive Reuse shall mean to change the use ofan existing Gross Floor Area from a non-residential use, other than a hotel use, to a residential use pursuant to Section 210.5. * * * * Live/Work Unit. A hybrid Residential and PDR Use that is defined as a structure or portion of a structure combining a residential living space for a group of persons including not more than four adults in the same unit with an integrated work space principally used by one or more of the residents of that unit; provided, however, that no otherwise qualifying portion of a structure that contains a Group A occupancy under the Building Code shall be considered a Live/Work Unit. No City official, department, board, or commission shall issue or approve a building permit or other land use entitlement authorizing a new live/work unit as defined here, except as authorized under Section 210. 5, or as an accessory use under Section 204.4. Lawfully approved live/work units are subject to the provisions of Sections 181 and 317 of this Code. * * * * SEC. 134. REAR YARDS IN R, RC, NC,(;, SPD, M, MUG, WMUG, MUO, MUR, UMU, RED, AND RED-MX DISTRICTS; AND LOT COVERAGE REQUIREMENTS INC DISTRICTS. (c) Basic Requirements. The basic rear yard requirements shall be as follows for the districts indicated: * * * * Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 8 (2) RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific Avenue NC District, (;,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. * * * * (E) RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore Street, Geary Boulevard, Hayes-Gough, Japantown, SoMa NCT, Mission Bernal, Mission Street, Polk Street, Lower Polk Street, Pacific Avenue, t-; 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 requirement for Dwelling Units pursuant to Section 135L ef this Code, meets 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. * * * * (H) Lot Coverage in C Districts. Lot coverage is limited to 80% at all levels containing residential uses, except that on levels that include only lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal feet from a property line fronting a street or alley, up to 100% lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to subsections(]) through (23) o(Section 136(c). Where the Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 9 adiacent properties have an existing rear yard, the unbuilt area of the new pro;ect shall be designed to adioin that rear yard. In accordance with Section 210.5, lot coverage requirements shall not be applicable for Commercial to Residential Adaptive Reuse proiects. * * * * SEC. 135. USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING, R, NC, MIXED USE, C, AND M DISTRICTS. * * * * (d) Amount Required. Usable open space shall be provided for each building in the amounts specified herein and in Tables 135A and B for the district in which the building is located; provided, however, that {il_in the Downtown Residential (DTR) Districts, open space shall be provided in the amounts specified in Section 825 o:fthis f;.ede., and (ii) in accordance with Section 210. 5, usable open space shall not be required for Commercial to Residential Adaptive Reuse pro;ects. * * * * TABLE 135A MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING OUTSIDE THE EASTERN NEIGHBORHOODS MIXED USE DISTRICT Square Feet of Usable Open Space District Required for Each Dwelling Unit If All Private * * * * C-3, M-1, M-2 36{11 Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Ratio of Common Usable Open Space That May Be Substituted for Private 1.33{11 Page 10 Same as for the R District establishing the dwelling unit density ratio for the C I or C-2 G-1, C-2 District property. Graue Housing requirement is ver bedroom and 1 /3 the amount re au ired for a Dwellinz Unit. (I) (I) In accordance with Section 210. 5, usable oe.en se.ace shall not be required for Commercial to Residential Ada[!_live Reuse woiects. * * * * SEC. 140. ALL DWELLING UNITS IN ALL USE DISTRICTS TO FACE ON AN OPEN AREA. (a) Requirements for Dwelling Units. In each Dwelling Unit in any use district, the required windows (as defined by Section 504 of the San Francisco Housing Code-) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall face directly onto an open area of one of the following types: * * * * (3) In accordance with Section 210.5, this Section 140 shall not ae.e.lv to Commercial to Residential Ada[!_live Reuse e.roiects. * * * * SEC.155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS. * * * * (g) Commercial to Residential Adaptive Reuse projects. In accordance with Section 210. 5, the requirements o[this Section 155.1 shall not ae.e.lv to any Commercial to Residential Ada[!_live Reuse woiects. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 11 SEC. 155.2. BICYCLE PARKING: APPLICABILITY AND REQUIREMENTS FOR SPECIFIC USES. Bicycle parking spaces are required in at least the minimum quantities specified in Table 155.2. Bicycle parking shall meet the standards in Section 155.1. * * * * (0 Commercial to Residential Adaptive Reuse proiects. In accordance with Section 210. 5, the requirements of this Section 155. 2 shall not apply to any Commercial to Residential Adaptive Reuse proiects. SEC.169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM. Sections 169 through 169.6 (hereafter referred to collectively as "Section 169") set forth the requirements of the Transportation Demand Management Program (TOM Program). * * * * SEC. 169.3. APPLICABILITY. * * * * (b) Exemptions. Notwithstanding subsection (a), Section 169 shall not apply to the following: (1) One Hundred Percent Affordable Housing Projects. Residential uses within Development Projects where all residential units are affordable to households at or below 120% of the Area Median Income, as defined in Section 401, shall not be subject to the TOM Program. Any uses other than Residential within those projects, whose primary purpose is to provide services to the Residential uses within those projects shall also be exempt. Other uses shall be subject to the TOM program. All uses shall be subject to all other applicable requirements of the Planning Code. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 12 (2) Parking Garages and Parking Lots, as defined in Section 102. However, parking spaces within such Parking Garages or Parking Lots, when included within a larger Development Project, may be considered in the determination of TOM Plan requirements, as described in the TOM Program Standards. (3} Commercial to Residential Adaptive Reuse projects per Planning Code Section 210.5. * * * * SEC. 207.7. REQUIRED MINIMUM DWELLING UNIT MIX. (a) Purpose. To ensure an adequate supply of family-sized units in new housing stock, new residential construction must include a minimum percentage of units of at least two and three bedrooms. (b) Applicability. * * * * (4) In accordance with Section 210. 5, this Section 207. 7 shall not apply to Commercial to Residential Adaptive Reuse proiects. * * * * SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. * * * * Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS Zoning Category § References C-2 RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * Usable Open Space for Same as for the R District Dwelling Units and Group §§ 135, 136 establishing the dwelling unit Housing density ratio for the property. Group Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 13 Housing requirement is eer bedroom and 1 /3 the amount required fjJr a Dwelling Unit. See exceetions fjJr Commercial to Residential Adaetive Reuse erofects in Section 210. 5 * * * * Lot coverage is limited to 80% at all levels containing Residential Uses, exceet that on levels that include only_ lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal {get ft.om a eroeertv line frontinf! a street or allev. uv to 100% lot coverage may_ occur. The unbuilt eortion o{_the lot shall be oeen to the skv exceet fjJr those obstructions Rear Yard Setback §§ 130, 134 eermitted in y_ards eursuant to subsections O L through C23L o{_Section 136Cct Where the adf acent eroeerties have an existing rear y_ard, the unbuilt area o{_the new erofect shall be designed to adfoin that rear y_ard. See exceetions fjJr Commercial to Residential Adaetive Reuse erofects in Section 210. 5. 25% afthc tettll depth H:Jf depth, ht1f in fl('} CR-SC lc-s-s Fli€Efl !. 5 -I'~~- r. ~-· ·"' , . ~ --·J- ·- IJ .._,. .)' '-'...., ., ... .,., .,,,,,,,6..,.. dwclli,1g unit Rnd cReh -sueeccding -story:- * * * * SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS L-lz_o_n_in_g_c_a_te_g_o_ry _____ ... lL _§_R_e_fe_r_e_nc_e_s _ __J~ C-3-0 II o~S [)) ~ c:-112G II Cs 3-1 Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 14 IRES/DENT/AL STANDARDS AND USES I Development Standards * * * * f::l-sehfe Q.pe19 $peee {Per Dwelling Unit} §§ 135, 136 Usable Open Space {gr Dwelling Units and Group Housing * * * * Rear Yard Setback §§ 130, 134 * * * * Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS At least 36 square feet if private, and 48 square feet per Dwelling Unit if common; Group Housing requirement is per bedroom and 1 /3 the amount required fj>r a Dwelling Unit. See exceptions {gr Commercial to Residential Adaptive Reuse protects in Section 210. 5 Lot coverage is limited to 80% at all levels containing Residential Uses, except that on levels that include onlJ!. lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal {get ft.om a properlJ!. line frontim! a street or allev. uv to 100% lot coverage maJ!. occur. The unbuilt portion o(_the lot shall be open to the skv except {gr those obstructions permitted in J!.ards pursuant to subsections O 2 through (232 o{_Section 136Cc2. Where the adtacent properties have an existing rear J!.ard, the unbuilt area o{_the new protect shall be designed to adtoin that rear J!.ard. See exceptions {gr Commercial to Residential Adaptive Reuse protects in Section 210. 5. 25% &}the totel def)th lot depth, hut bi no eese less then !. 5 £, -· ,. 1-. ... -- - J....,...,,.,J..,, .,..., ~ J -~ -- ... *'"''"'b - dwelling unit end eeeh sueeeeding ~ Exceptions are permitted by § 309. Page 15 SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM. (a) Purpose and Findings. This Section 210. 5 describes the Commercial to Residential Adaptive Reuse Program. The purpose of the Program is to facilitate the adaptive reuse of non- residential buildings to support the City's housing needs by allowing for conversion of those buildings to residential use. (b) Commercial to Residential Adaptive Reuse Projects. A Commercial to Residential Adaptive Reuse proiect is a proiect that includes a change of use of any existing Gross Floor Area from a non-residential use, excluding a hotel use, to a residential use as those uses are defined in Section 102. (c) Eligibilitv. To be eligible for the Commercial to Residential Adaptive Reuse Program, a proiect must: (I) be located in a C-3 zoning district or a C-2 zoning district that is east of or fronting Van Ness/South Van Ness Avenue Franklin Street/13th Street and north of Townsend Street; (2) not seek approval under Section 206. 5 or 206. 6; and (3) not expand an existing building's envelope in a manner where the addition to the building envelope represents more than 3™% o{the existing building's Gross Floor Area; provided that if a project would exceed this limit, the portions of the building additions in excess of 33% must meet generally prevailing code requirements. For purposes of this section, additional Gross Floor Area shall be counted from the lowest floor to the highest floor. aA4 (4) not add more than one vertical story. (d) Controls. Applicable provisions o{the Planning Code shall control except as otherwise provided in this Section 210. 5. If there is a conflict between other provisions o(the Planning Code and this Section 210. 5, this Section shall prevail; provided that this Section does Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 16 not alter, amend, or modify Section 249. 93 (Group Housing Special Use District). For Commercial to Residential Adaptive Reuse proiects, the following zoning controls shall be waived or modified, as described: (I) Lot Coverage. Lot coverage requirements per Section 13 4 shall not apply. (2) Open Space. Usable open space requirements per Section 135 shall not (3) Streetscape and Pedestrian Improvements. Required streetscape and pedestrian improvements per Section 138.1 shall not apply. (4) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140 may be satisfied by either of the following: Lal providing an unobstructed open area that is at least as wide as the exposed exterior width of the Dwelling Unit and is no less than five feet in every horizontal dimension at each story containing the Dwelling Unit and all stories above. (b} providing an unobstructed open area that is at least 5 feet wide by 15 feet long at each story containing the Dwelling Unit and all stories above. (5) Bicycle Parking. The Bicycle Parking requirements in Sections 155.1 and 15 5. 2 shall not apply. (6) Dwelling Unit Mix. The required minimum dwelling unit mix per Section 207. 7 shall not apply. (7) Intermediate Length Occupancy. The establishment of Intermediate Length Occupancy units shall be consistent with Section 202.10, provided that the controls in Section 202.1 O(b)(I) and (b)(2) shall not apply. Intermediate Length Occupancy units shall be principally permitted in Commercial to Residential Adaptive Reuse proiects. (8) Live Work Units. Live Works units are permitted in any Commercial to Residential Adaptive Reuse proiect. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 17 {9) Transportation Demand Management {TDMl Plan Requirements. The Transportation Demand Management Plan requirements in Section 169 shall not apply. {10) Preservation of Privately Owned Public Open Spaces {POPOS). Nothing in this Section 210.5 is intended to modify, alter, or waive the applicability of Section 138 (POPOS} to Commercial to Residential Adaptive Reuse projects that retain non-residential uses. (e) Review of Proiects in the C-3 District. !fa proiect seeks exceptions that are waived or modified in subsection (d) above, the hearing requirements in Section 309 shall not apply as to the consideration of those exceptions. But if a proiect seeks exceptions not otherwise waived or modified in subsection (d) above, the hearing requirements of Section 309 shall apply. (f) Applications. Any application to establish a residential use pursuant to this Section 210.5 must be filed on or before December 31, 2028. 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 JJ.0% 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, Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 18 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 .JJ0% 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 .JJO% heretofore described may be increased to .Ji0% 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. (A) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the collection of solar or wind energy, and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top -1-() 16 feet of such features where the height limit is 65 feet or less, and the top .J-e. 20 feet of such features where the height limit is more than 65 feet. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roofline instead ofthe height limit. (B) Elevator, stair and mechanical penthouses, fire towers, skylights,_ and dormer windows. This exemption shall be limited to the top -1-() 16 feet of such features where the height limit is 65 feet or less, and the top .J-e. 20 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 Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 19 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 Planning Commission. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roo[line instead of the height limit. * * * * (E) In any C-3 District, the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District, enclosed space related to the recreational. Restaurant, or Bar use of the roof, not to exceed 16 feet in height. In C-3 districts, for existing buildings whose height exceeds the permitted height limit, these exempted features shall be measured from the existing roo[line instead o[the height limit. * * * * SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS. The provisions and procedures set forth in this Section 309 shall govern the review of project authorization and building and site permit applications for (1) the construction or substantial alteration of structures in C-3 Districts, (2) the granting of exceptions to certain requirements of this Code where the provisions of this Section are invoked, and (3) the approval of open space and streetscape requirements of the Planning Code. When any action authorized by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered. This Section shall not require additional review in connection with a site or building permit application if review hereunder was completed with respect to the Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 20 same proposed structure or alteration in connection with a project authorization application pursuant to Section 322. * * * * (d) Notice 8( Pr9P8sedApf!1'6Wll far PffJieets thRt d9 H8t require Puhlie HeRring. Iftm tr{Jf3licfltion does not ref{uire €l Pfflnning Commission he€lring 13ursu€lnt to Suhsection 309(e)(l) heiow, tlw €lf3f3liCEltion or huiJding or site 13errnit mm' he re1pie-wed ElH:d @prowd €ldministr€lth~eh1• At the detenninfltion of the PfflnHing Director, @f3liC€ltions for eS13eci€lYy sig,iificflnt sco13es o(work nw1 1 he suhfect to tlw noti/i£Eltion ref{uirenwnts o(Sectio19 333 o(this Code. 1/El ref{uest for Pfflnning Commission review is H9€lde 13ursu€lnt to suhsection 309(0, the €lf3f3licfltio,q will he s1;1h;ect to the notificfltion €Ind heflring wocedlires o(this Section. I/no ref{uest for Comnqission re1piew is rnflde, the Zoning Administr€ltor m€lV €lf3PfO're the 13ro;ect €ldministr€ltivelv. fef Hearing and Determination of Applications for Exceptions. (1) Hearing. The Planning Commission shall hold a public hearing on a Section 309 application if: (A) The project wo1;1ld res1;1lt in El net €lddition &}more th,€119 50,000 S€J:1i€lre feet ofgrossfioor Elrefl ofsp€lce, or fB) The project includes the construction of a new building greater than 120 +J. feet in height (excluding any exceptions permitted per Section 260(b)), or includes a vertical addition to an existing building with a height of 120 +J. feet or less resulting in a total building height greater than 120 +J. feet; or (!.l..G) The project would require an exception as provided in Subsection 309(a); provided that the hearing requirements ofthis Section 309 shall not apply to Commercial to Residential Adaptive Reuse proiects seeking exceptions or modifications pursuant to Section 210. 5 (d). Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 21 * * * * (I} Planning Cemmis-sien Review Upen Request. (1) Requests. Within 10 days e.feer notice of the proposed Zrming Administmtor €lpprow1l hf:ls been given, €ls provided in subsection (d), f:l11yperson m€ly request in writing thf:lt the P!f:l,ming Conunission impose RdditionRl n1odi-ji:eRtions 011 the pro:fect €ls pro·,1ided in subsection (h) or consider the €lfJf)licRtion for compliRnce with #w open spRce Rnd streetsc€lpe requironents efthe PlRnning Code. The 1.i,·ritten request shRll s{EJ;te why RdditionRl modi-fic€ltions should be in1posed notwithstRndi,7:g its con1pliRnce with the requirements of this Code R11d shRll identify the policies or objecthres tlwt ,vould be promoted by· the in1-J9osition o-fconditions, or shRll s{EJ;te why the open spRce f:lnd streetsc€lpe requirements hR'ite not been complied with. (2) Cemmissien CensideFRtien. The P!f:lnning Con1missio,1 shRU consider Rt €J: public hef:lring ef:lch written request for RdditionRl modifk;Rtions f:lnd for considerntion afthe ope,1 spRce Rnd streetsc€lpe requirements of the P !f:lnning Code compliRnce Rnd m€ly, by nul}ority 'itote, direct thRt €J: heRring be conducted to consider such modi-ficRtions or con'lplif:lnce, which hef:lri17:g m€ly be conducted f:lt the SRme meeting thRt the written request is considered Rnd decided. Notice 0:fsuch heRring shRll be prmidedpbtrsuf:lnt to the requirements o_fSection 333 of this Code, pr,:wided thf:lt mf:liled ,"lotice shRll Riso be pmvided to eny person who hes reqMested such notice, end to enyperson who hes submitted €l reqMest fer edditionRl reqMirements. In determining whether to c011dbtct sMch e heering, the PlRnning Con1mission shell determi11e whether, besed upon e re 1.iiew ofth.e project, rees011eble groMnds exist }btstifjdng e pbthlic heRring in order to consider the proposed Rdditionel modifi:cetions end the open spe,ce e11d streetsc€lpe r-equirements efthe Plenni:7:g Code co.viplience. (3) Cemn1issien Actien. Ifth.e Plem1i17:g Con1mission determines to condbtct e heeri11g to c011sider the i:<npositio,1 o_fedditionf:ll modi-ficetions or the open spece end streetsc€lpe reqMirements con1-J9lie,1ce, it m€ly; tifier such heering end efier ,-.,1eking €lpproprif:ltejmdings, Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 22 BptJrw.rc, disBppre';e, er BptJrew sbl:!:Jject te ceHditieHs the bbl:if.d.iHg er site permit er project abl:therizatimq BptJlicatioH. If the PtaHJ9ing C01nn9ission detennines Het te condbl:ct a hec1riJ9g, the ZoHiHg Administrater shall Bppre';e the BJ3t)lication sbl:h:ject te eny ce19ditieHs iniposed by the Directer of Planning te which the BJ3t)licent has conseHted. (~:i) Imposition of Conditions, General. If, pursuant to the provisions of this Section 309, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application, or Section 309 application,. and the applicant agrees to comply, the Planning Commission may approve the application subject to those conditions, and if the applicant refuses to so agree, the Planning Commission may disapprove the application. (f.j) Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section 309 shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section. (gk) An approval action in accordance with this Section 309 shall constitute the City's decision to approve the project for purposes of Administrative Code Chapter 31. SEC. 309.1. PERMIT REVIEW IN DOWNTOWN RESIDENTIAL DISTRICTS. The provisions and procedures set forth in this Section 309.1 shall govern the review of project authorization and building and site permit applications for the construction or substantial alteration of structures in Downtown Residential districts, the granting of exceptions to requirements of this Code, and the imposition of modifications necessary to achieve the objectives and policies of the General Plan and the purposes of this Code as provided for in Section 825 and elsewhere. When any action authorized Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 23 by this Section is taken, any determination with respect to the proposed project required or authorized pursuant to CEQA may also be considered. * * * * (c) Hearing and Determination on Design Modifications and Applications for Exceptions. (1) Hearing. The Planning Commission shall hold a public hearing for all projects greeter t-heri 50,000 gross squerefeet-, fer ef.lpro:fects proposing construction ofa new building greater than 120 8-J. feet in height or greet-er a vertical addition to an existing building with a height of 120 feet or less resulting in a total building height greater than 120 feet, and for applications that require exceptions as provided in SJubsection (b). * * * * Section 4. Economically Revitalize Downtown. The Planning Code is hereby amended by revising Sections 102,121.6, 145.1, 145.4, 204.3, 205.1, 210.1, 210.2, and 248, to read as follows: SEC. 102. DEFINITIONS. * * * * Flexible Retail. A Retail Sales and Service Use in Neighborhood Commercial Districts, subject to the requirements of Sections 179.2 and 202.9, that combines a minimum of two of the following distinct Uses within a space that may be operated by one or more business operators: (1) Arts Activities; (2) Restaurant, Limited; (3) Retail Sales and Services, General; (4) Service, Personal; Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 24 (5) Service, Retail Professional; and (6) Trade Shop. Flexible Workspace. A Retail Sales and Service use that is a combination of any uses within the Retail Sales and Service use category or a General Entertainment use that operates in coniunction with a principally or conditionally permitted Non-Retail Sales and Service use other than a Commercial Storage, Wholesale Sales, or Wholesale Storage use. The Retail Sales and Service or General Entertainment portion of the use shall be at least one-third of the overall Gross Floor Area and must face the street occupy space \Vithin the first 25 feet of the storefront * * * * SEC.121.6. LARGE-SCALE RETAIL USES. fef 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 Sttb:Yection 121.6 shall apply to the establishment of a new use and the expansion of an existing use.-fht ,~lotwi#uiftlnt/i:1qg any other prm1ision of this Code, establishment erfa singk reftlil Mse in excess erf 90, 000 gross S€JM€1refeet withi11 a C 3 Mmi,qg District shall reqMire conditional Mse abtthoriffitio,i p1irsbta11t to Section 303 Mnless sbtch Mse already is prohibited. This Sbtbsection shall Etpply only to the establishment erfa new Mse (c) Notwithstanding any other provision of this Code, est€Jb/.ishment efa si."lgle :<etail btSC in excess of 120, 000 gress sqbt6-re feet is prehibited in any wning district other than a C 3 Zoning District This Sbtbsection shall BfJfJO' to the establishment efa new Mse and the expansion e_fan existing Mse. (ti) ,Votwithstanding €11'l)' other provision erf this Code, esftlblishHwnt o_fa singk retail Mse in excess erf 120,000 gross S€fbt€1refeet in a C 3 Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 25 Zm9i,qg District shall he prohihitcd ifit would sell groceries,· contEJin more than 20,000 Stockkccping Units (SKUs); and dc'rotc more than five pcrce19t (5%) of its total sales floor area to the sale of non t€tXahle merchandise. This Suhsection shall tlfJ[Jly only to the cstEJhlishmcnt o:fa nC"w use. (e) For purposes of this Section, 121. 6: (1) "salesjloor area" includes only interior huilding space devoted to the sale e>Jmcrchandisc, and docs not i,9clude rcstrool'ns, e>fficc space, storage space, automohilc scnicc areas, or open air garden sales space; (2) "19019 tEJxahle ,nerchandisc " includes only grocery products not subject to California Sffitc sales tax; and (3) "single retail use" shall include, except for Hotels and Motels, all Retail and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code. SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. * * * * (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections (1) Above Grade Parking Setback and (4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above. In NC-S Districts, the applicable frontage shall be the primary facade(s) that contains customer entrances to commercial spaces. * * * * (6) Transparency and Fenestration. Frontages with active uses that are not PDR must be fenestrated with transparent windows and doorways for no less than 60% of the street frontage at the ground level and allow visibility to the inside of the building. The use of dark or mirrored glass shall not count towards the required transparent area. Buildings located inside of, or within an unobstructed line of less than Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 26 300 feet of an Urban Bird Refuge, as defined in Section 139(c)(1 ), shall follow glazing requirements within Section 139(c) of this Code. In C-3 zoning districts, for tenant spaces with at least two frontages and active uses that are not PDR, frontages must be fenestrated with transparent windows and doorways for no less than 60% of the street frontage at the ground level or contain window displays of at least four feet in depth to allow visibility to the inside of the building or activate the street. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * Table 145.4 Reference for Commercial, Reference for luse Neighborhood Commercial, and Mixed Use Residential- Commercial Districts Districts * * * * N/A 890.37 Entertainment, Other NIA Flexible Workspace - N/A Grocery, General * * * * * * * * (d) Controls. (1) Active commercial uses which are permitted by the specific district in which they are located are required on the ground floor of all street frontages listed in ~§:ubsection (b) above. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 27 I (2) Active commercial uses shall comply with the standards applicable to active uses as set forth in Section 145.1 (c)(3) and shall further be consistent with any applicable design guidelines. (3) On those street frontages listed in S~ubsection (b), an individual ground floor nonresidential use may not occupy more than 75 contiguous linear feet for the first 25 feet of depth along a street-facing facade. Separate individual storefronts shall wrap large ground floor uses for the first 25 feet of depth, as illustrated in Figure 145.4. This requirement shall not apply to such street frontages within the C districts. * * * * SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC, M, AND PDR DISTRICTS. * * * * (e) Accessory Storage in C Districts. Accessory storage on the second floor and above is permitted for stock and trade relating to retail uses with street level storefronts in the same building. There shall be no limitation on the square footage of accessory storage as long as the storage supports a ground floor use in the same building. SEC. 205.1. TEMPORARY USES: SIXTY-DAY LIMIT. A temporary use may be authorized for a period not to exceed 60 days for any of the following uses: * * * * (e) Within the C-3-R District, installation ofa temporary Sign, other than a General Advertising Sign, or a temporary decorative or artistic display or installation. Such Sign or Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 28 installation shall have a maximum height of] 6 feet above the roo(line of the building to which it is affixed. SEC. 205.2. TEMPORARY USES: ONE- TO SIX-YEAR LIMIT. A temporary use may be authorized for the following uses as specified below: (a) Temporary authorization for a period not to exceed one year. {IL Temporary Wireless Telecommunications Services (WTS) Facilities, if the following requirements are met: (4.J-) The Planning Director determines that the Temporary WTS Facility shall be sited and constructed so as to: (tA-) avoid proximity to residential dwellings to the maximum extent feasible; (jj_B) comply with the provisions of Article 29 of the Police Code; (iiiG) be no taller than needed; (ivP) be physically screened to the maximum extent feasible; and (.l::'.E) be erected for no longer than reasonably required. (ll..J) Permits in excess of 90 days for Temporary WTS Facilities operated for commercial purposes shall be subject to Sections 311 and 312 of this Code, where applicable. (CJ) The Planning Department may require, where appropriate, notices along street frontages abutting the location of the Temporary WTS Facility indicating the nature of the facility and the duration of the permit. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 29 (2) Pop-Up Activations. Pop-Up Activations are temporary Non-Residential uses, including but not limited to Pop-Up Retail, Entertainment, or Arts Activity uses, permitted within either a vacant space last occupied by a Non-Residential use or a space occupied by a legally established Non-Residential use, and that is located within a C-3 zoning district or a C- 2 zoning dQ.istrict that is east ofor fronting Van Ness/South Van Ness /\venue Franklin/13th Street and north of Townsend Street or within an NC, NCT, or Mixed-Use District that is south of Market Street, north of Townsend/Division!! 3th Streets, and east of South Van Ness Avenue. Such uses may include Formula Retail uses so long as Formula Retail uses are principally permitted in the underlying zoning. * * * * SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. * * * * Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS Zoning Category § References RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Zoning Category § References Intermediate Length §§ 102,202.10 Occupancy * * * * Residential Uses Zoning Category § References Residential Density, Dwelling § 207 Units (5) Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS C-2 I C-2 I P(6) C-2 P at a density ratio not exceeding the number of dwelling units permitted in the nearest R District, with the distance to such R District measured from the midpoint of the Page 30 I I Senior Housing §§ 102, 202.2(f) Residential Density, Group § 208 Housing NON-RESIDENTIAL STANDARDS AND USES Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS front lot line or from a point directly across the street therefrom, whichever permits the greater density; provided, that the maximum density ratio shall in no case be less than one unit for each 800 square feet of lot area. NP above. @. P up to twice the number of dwelling units otherwise permitted as a principal use in the district and meeting all the requirements of§ 202.2(f)(1 ). Cup to twice the number of dwelling units otherwise permitted as a principal use in the district and meeting all requirements of§ 202.2(f)(1) except for§ 202.2(f)(1)(D)(iv), related to location. @. P at a density ratio not exceeding the maximum density permitted for group housing in the nearest R District, with the distance to such R District measured from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density; provided, that the maximum density ratio shall in no case be less than one bedroom for each 275 square feet of lot area. NP above. @. Page 31 * * * * Industrial Use Categorr. Industrial Uses* § 102 NP Agricultural and Beverage § 102 p Processing 1 Agricultural and Beverage §' 102 p Processing 2 Manu[_acturing, Light § 102 p * * * * Sales and Service Categorr. Retail Sales and Service* §§ 102, 202.2(a) p A19imel Herrpitel §--1--m G * * * * Non-Retail Sales and § 102 p Service* beheFttffH'y' §--1--m NJ}. bife &ienee §--1--m NF * * * * (6) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. P for Commercial to Residential Adaptive Reuse pro;ects pursuant to Section 210. 5. regardless o[_ building size. (7) C on the 2nd floor and above, except that a Massage Establishment located on the 2nd floor or above accessory to a Hotel, Personal Service,_ or Health Service is P. (8) In C-2 zoning districts east o[_or fronting Van Ness/South Van Ness /\venue Franklin Street/13th Street and north o[_Townsend Street, there is no density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, open space. and other Code requirements applicable to each development lot. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 32 SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS lzoning Category I§ References RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length §§102, 202.10 Occupancy * * * * Residential Uses Residential Density, Dwelling § 207 Units (7) Senior Housing §§ 102, 202.2(f) * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Commercial Use Characteristics * * * * Formula Retail §§ 102, 303.1 * * * * Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS I C-3- C-3- C- C- C- O(SD) 3-R 3-G 3-S P(8) P(8) P(8) P(8) P(8) No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each development lot. No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each development lot. G ReqHif!ed- if tkw-e/.€Jf}me19/ meets- e/./. f!e(:JHif!eH9e19fS- ef &etien § ;JQJ. J(f) fl), e*eeptfef! § JQJ.J(f)fl-HD)fi'P9, re/.€ttea le /.eeelien. p p p p f6) p Page 33 Entertainment, Arts and Recreation Use Category Entertainment, Arts and § 102 p p p p p Recreation Uses* Entertainment, Outdoor § 102 NP NP NP NP f;.p Livery Stable § 102 NP NP NP NP NP Open Recreation Area § 102 NP NP NP p p * * * * Institutional Use Category Institutional Uses* §§ 102, 202.2(e) p p p p p * * * * Residential Care Facility § 102 p p p p G-P Trade School § 102 NP NP NP p p Sales and Service Category Retail Sales and Service* §§ 102, 202.2(a) p p p p p Aninqe/. He,t;piff:l/. ~ NF NF NF b b * * * * Non-Retail Sales and § 102 p (1) p (1) p f2:f p (1) p (1) Service* {ll * * * * Design Professional § 102 p p p f2:f p p {ll I* * * * * Not listed below. (1) C required if at or below the ground floor. (2) (Reservedl IVP if/.eceted on floors one end two end does not &jfer on site services to the genertd puhUc. C required if /.eceted 019 the thirdfioor, orfioors four through six end the use is Zerger then 5, 000 gross squ&e feet in size. For uses /.eceted on the thirdfloor, in eddition to the criterie set forth in Section 303, e Conditione/. Use Authorizetion pursuent to this note shell he gi1iren o,q/y ff the Commissimi determifqes thet: the propesed use would not require modijicetion of the /.ecetion thet wouwi Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 34 negBtiwly in9pBct existil'fg BrchitecturBl, historic Bnd Besthetic:feBtblres, or o#wrwise inhibit the conversion eBck to BprincipBlly permitted use i,q the future; #w proposed use wobtld not hcne Bn BCtblBl or potentiBl Bd1?erse impBct on BcljBcent zoning districts in ·,vhich non retBil sBles Bnd seniees uses Bre not permitted; Bnd the proposed b/Se will not result in the development o.fnon retBil sBles B1qd services uses such thBt the District's prin9Bry functio1q is no longer Bn BreB fer eompBrison shopper retBiling Bnd direct consumer ser·;ices. Provided further thBt for Bny ConditionBI Use A uthorkBtion given pursuBnt to the preceding sentence, the P !Bnning Commission Blso consider the following: whether the proposed use would complement or Sbtf3J30rtprineij3Blly permitted uses in the District, Bnd whether the site Crjthe proposed use is not co1qdbicive to crny prilwipBlly permitted uses in the District hy '?irtble CrjphysicBl limitBtions, including hut not limited to the size Bnd orie19tBtion ofthefioorp!Bte Bnd the nBtblre of independent Bccess to the thirdfioor * * * * (6)-fReserved 7 C required fer FormulB RetBil on properties i,q the C 3 G District with, fronfBge on }.1arket Street, between 6th Street Bnd the intersectimq Crjl.1arket Street, 12th Street, Bnd FrBnklin Street. (7) Construction of Accessory Dwelling Units may be permitted pursuant to Sections 207(c)(4) and 207(c)(6). (8) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. P for Commercial to Residential Adaptive Reuse pro;ects pursuant to Section 210. 5, regardless of building size. SEC. 248. TRANSIT CENTER C-3-0(SD) COMMERCIAL SPECIAL USE DISTRICT. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 35 A Special Use District entitled the "Transit Center C-3-0(SD) Commercial Special Use District" is hereby established for a portion of the C-3-0(SD) district in the downtown area around the Transbay Transit Center within #w City and CoHnty of San Francisco, the boundaries of which are designated on Sectional Map SU01 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within the Special Use District: * * * * (c) Controls. All new development on lots larger than 15,000 square feet in the Special Use District shall include not less than J two gross square feet of principally or conditionally permitted commercial uses for every ..J. one gross square foot of dwellings or other housing uses. (d) Exceptions. Exceptions to the controls in ~~ubsection (c) may be granted by the Planning Commission according to the procedures in Section 309 only if the Commission makes one of the following affirmative findings: (1) That the development consists of multiple buildings on a single lot or adjacent lots that are entitled as a single development project pursuant to Section 309, and that commercial uses account for greater than 50% percent of the project's aggregate total gross floor area for all buildings and where the project sponsor demonstrates that it is infeasible or impractical to construct commercial uses on the footprint of the portion of the site dedicated to dwellings and/or other housing uses due to the size and configuration of that portion of the lot; or (2) That the footprint of the portion of the site dedicated to dwellings and/or other housing uses is less than 15,000 square feet and the lot contains existing buildings which are to be retained:-; or Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 36 (3) That the downtown commercial vacancy rate is persistently high and the proiect would fulfill its inclusionary requirement pursuant to Planning Code Section 415 through I 00% on-site or off-site units within the C-3 District. Section 5. Streamline Sign Permitting in C-3 Districts and Citywide. The Planning Code is hereby amended by revising Section 604, to read as follows: SEC. 604. PERMITS AND CONFORMITY REQUIRED. * * * * (h) Nonconforming Signs; Replacement, Alteration, Reconstruction, Relocation, Intensification, or Expansion. Unless otherwise provided in this Code or in other Codes or regulations, a lawfully existing sign which fails to conform to the provisions of this Article 6 shall be brought into conformity when the activity for which the sign has been posted ceases operation or moves to another location, when a new building is constructed, or at the end of the sign's normal life. Such sign may not, however, be replaced, altered, reconstructed, relocated, intensified,_ or expanded in area or in any dimension except in conformity with the provisions of this Code, including $~ubsection (i) below. Ordinary maintenance and minor repairs shall be permitted, but such maintenance and repairs shall not include replacement, alteration, reconstruction, relocation, intensification,_ or expansion of the sign; provided, however, that alterations of a structural nature required to reinforce a part or parts of a lawfully existing sign to meet the standards of seismic loads and forces of the Building Code, to replace a damaged or weathered signboard, to ensure safe use and maintenance of that sign, to remediate hazardous materials, or any combination of the above alterations shall be considered ordinary maintenance and shall be allowed. A sign which is damaged or Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 37 destroyed by fire or other calamity shall be governed by the provisions of Sections 181(d) and 188(b) of this Code. A sign which is voluntarily destroyed or removed by its owner or which is required by law to be removed may be restored only in full conformity with the provisions of this Code, except as authorized in ~~ubsection (i) below. A general advertising sign that has been removed shall not be reinstalled, replaced, or reconstructed at the same location, and the erection, construction, and/or installation of a general advertising sign at that location to replace the previously existing sign shall be deemed to be a new sign in violation of Section 611 (a) of this Code; provided, however, that such reinstallation, replacement, or reconstruction pursuant to a permit duly issued prior to the effective date of this requirement shall not be deemed a violation of Section 611 (a) and shall be considered a lawfully existing nonconforming general advertising sign; and further provided that this prohibition shall not prevent a general advertising sign from being relocated to that location pursuant to a Relocation Agreement and conditional use authorization under Sections 611 and 303(k) of this Code and Section 2.21 of the &Ht Frencisco Administrative Code. A nonconforming Neon Sign may be physically detached from the building for any required repairs or maintenance, except that such maintenance or repairs shall not include replacement, reconstruction, relocation, intensification. or expansion of the Neon Sign. After the off-site repair or maintenance work is complete. the Neon Sign may be reinstalled at the premises in the same location where the Neon Sign was previously affixed, so long as such replacement is completed within 18 months of removal. * * * * (m) Existing Signs in the C-3 District. Existing signage in the C-3 District shall not be sub;ect to the provisions of this Section 604, provided that a change ftom general advertising to Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 38 nongeneral advertising sign copy or from nongeneral advertising to general advertising sign copy or an increase in area including, but not limited to, any extensions in the form o[writing, representation, emblem or any figure o[similar character shall in itself constitute a new sign subiect to the provisions of this Section 604. Section 6. Streamline Historic Preservation Review. The Planning Code is hereby amended by revising Sections 1005 and 1111.1, to read as follows: SEC. 1005. CONFORMITY AND PERMITS. * * * * (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10: * * * * Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 39 (9) When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6 of this Code:-; or (10) When the application is for a Qualifying Scope o{Work. as delegated by HPC to Department and periodically updated, and the site is located in C-3 zoning districts. * * * * SEC. 1111.1. DETERMINATION OF MINOR AND MAJOR AL TERA TIONS. * * * * (c) All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Section~ 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein: (1) When the application is for a permit to make improvements to provide an accessible entrance to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code; (2) When the application is for a permit to install business signs to a Significant or Contributory building or any building within a Conservation District provided that signage and transparency conform to the requirements outlined in Section 1111.6 of this Code; f»' (3) When the application is for a permit to install non-visible rooftop appurtenances to a Significant or Contributory building or any building within a Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 40 Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code=-..:. (4) When the application is for a permit to install an awning to a Significant or Contributory building or any building within a Conservation District provided that the awning conforms to the requirements outlined in Section 1111. 6 of this Code; or (5) When the application is for a Qualifying Scope of Work, as delegated by HPC to the Department, as periodically updated. Section 7. Provide Alternatives to On-Site Open Space in Certain C-3 Districts. The Planning Code is hereby amended by revising Section 426, to read as follows: SEC. 426. PAYMENT FOR REQUIRED NON-RESIDENTIAL OPEN SPACE NOT PROVIDED IN THE EASTERN NEIGHBORHOODS MIXED USE AND C-3-0(SD} DISTRICTS. * * * * (b) C-3-0(SD} District. In the C-3-0(SD) District, if a project sponsor chooses to pay the in-lieu fee described in Section 1380)(4), a fee of $1,410 shall be required for each square foot of usable open space not provided. This fee shall be adjusted in accordance with Section 409. This fee shall be paid into the Transit Center District Open Space Fund, as described in Sections 424.6 et seq. of this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop,_ or otherwise do business in the Transit Center District. (c) C-3-0 District, C-3-S District, and C-3-G District. In the C-3-0, C-3-S, and C-3-G Districts, ifa proiect sponsor chooses to pay the in-lieu fee described in Section 138(i)(4), a fee Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 41 of$1,410 shall be required for each square foot of usable open space not provided. The amount of this fee shall equal the fee payable under this subsection (b) and shall be adiusted in accordance with Section 409. This fee shall be paid into the Downtown Park Fund, as described in Section 412 ofthis Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business Downtown. (d) C-3-R District. In the C-3-R Districts, i(a proiect sponsor chooses to pay the in-lieu fee described in Section 1380)(4), a fee shall be required for each square foot of usable open space not provided. The amount of this fee shall equal the fee payable under this subsection (b) and shall be adiusted in accordance with Section 409. This fee shall be paid into the Union Square Park, Recreation, and Open Space Fee, as described in Sections 434 o(this Article 4. Said fee shall be used for the purpose of acquiring, designing, and improving public open space, recreational facilities, and other open space resources, which are expected to be used solely or in substantial part by persons who live, work, shop, or otherwise do business Downtown. Section 8. Facilitate Residential Adaptive Reuse in the Building Code. Chapter 1A of the 2022 San Francisco Building Code is hereby amended by adding Section 111A, to read as follows: SECTION 11 JA -ADAPTIVE REUSE JJJA.J Purpose and intent. The purpose ofthis Section 11 lA (consisting ofSections l llA. l, l llA. 2, and 11 lA. 3) is to amend, expand, establish, and clarify alternative building standards for the conversion of existing non-residential buildings to accommodate new residential uses and still provide reasonable safety to the building occupants, as a means to Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 42 promote the safe, flexible use of the existing structures, as part of the City's strategy for economic recovery. Key to the furtherance of this purpose is the ability of the Building Official and Fire Code Official to effectively use their authority to grant code modifications or authorizations for alternative materials, design and methods of construction, and equipment to address practical difficulties involved in complying with the strict provisions of the code or consider alternative design or methods not specifically prescribed in the code. For example, the Building Official and Fire Code Official are authorized to consider alternative building standards consistent with Sections 17951 and 19957 ofthe California Health and Safety Code. JJJA.2 Scope. This Section I I IA may apply to pro;ects that meet the definition and applicable requirements for Commercial to Residential Adaptive Reuse pro;ects pursuant to Planning Code Section 210.5. Nothing in this Section I I IA shall preclude the use ofthe California Historical Building Code for the conversion ofa building that the Planning Department has determined to be a qualified historic building or that may otherwise be eligible to use the California Historical Building Code. If a pro;ect elects to use the standards established in the California Historical Building Code, that pro;ect shall not be permitted to use the alternative building standards of this Section 111 A. 11 JA.3 Compliance requirements. Generally, the San Francisco Building Code, which adopts and amends the most recent edition of the California Building Standards Code, applies to new construction or a change of use or occupancy. For the conversion of existing non- residential buildings to accommodate new residential uses, however, alternative building standards described in an alternative building standards manual (described below) may apply. Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 43 The Building Official and Fire Code Official shall prepare, maintain. and update, as necessary and appropriate, an alternative building standards manual. which shall provide the building standards applicable to Commercial to Residential Adaptive Reuse proiects as defined in Planning Code Section 210.5. This alternative building standards manual shall include technical information and implementation parameters, standards for determining technical infeasibility, and alternative standards i(technical infeasibility is present, as well as other rules, requirements and procedures as the City deems necessary, for implementing the intent of this Section 1 J JA. The Building Official and Fire Code Official shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, information sheets, administrative bulletins, training manuals, and educational materials to assist in the implementation of this alternative building standards manual and this Section 11 lA. Section 9. Principally Permitting Formula Retail on a Portion of Showplace Square Area. The Planning Code is hereby amended by revising Section 843, to read as follows: SEC. 843. UMU - URBAN MIXED USE DISTRICT. * * * * Table 843 UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Retail Sales and Services * * * * Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS § Urban Mixed Use District References Controls Page 44 843.46 Formula Retail §§ 303.1, C. If approved, subject to 843.45 size controls in Section 843.45. m * * * * * * * * (3) Pon Assessor's Parcel Block No. 3 781, Lot 003, and the size controls in Section 843. 45 shall not apply. * * * * Section 10. 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 11. 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: Austin M. Yang AUSTIN M. YANG Deputy City Attorney n:\legana\as2023\2300216\01683207.docx Mayor Breed; Supervisors Peskin, Mandelman, Stefani BOARD OF SUPERVISORS Page 45 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230371 Date Passed: June 27, 2023 Ordinance amending the Planning Code to 1) facilitate residential uses Downtown by authorizing the conversion of non-residential uses to residential use in C (Commercial) zoning districts, and exempting such projects from requirements for rear yard, open space, streetscape improvements, dwelling unit exposure, bike parking, transportation demand management, dwelling unit mix, and Intermediate Length Occupancy controls, permitting live work units in such projects, streamlining administrative approvals for projects in the C-3 zoning district, and modifying the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses; 2) economically revitalize Downtown by adding Flexible Workspace as a defined use, authorizing large scale retail uses in the C-3 zoning district, allowing window displays in the C-3 zoning district, allowing Flexible Workspace as an active ground floor commercial use along certain street frontages in C-3 zoning districts, allowing accessory storage in any C zoning district, allowing the temporary installation for 60 days of certain signs in the C-3-R district, allowing temporary non-residential uses in vacant spaces for up to one year, including formula retail, reducing density limits for Residential Dwelling Units and Senior Housing in the C-2 zoning districts east of or fronting Franklin Street/13th Street and north of Townsend Street, principally permitting Laboratory, Life Science, Agricultural and Beverage Processing, and Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing, Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools in the C-3 zoning district, allowing formula retail as a ground floor use on Market Street, principally permitting office and design professional uses on the second floor and higher in the C-3-R zoning district, and requiring consideration of office vacancy in consideration of granting exceptions in the Transit Center Commercial Special Use District; 3) streamline sign permitting citywide and in the C-3 districts by allowing for the repair and rehabilitation of certain neon signs, and exempting existing business signs in the C-3 zoning district from certain zoning controls; 4) streamline Historic Preservation review of administrative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission; 5) increase threshold for large projects subject to commercial to residential ratios in the C-3-0 district, and provide alternatives to on-site open space in certain C-3 districts by allowing for payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive reuse by amending the Building Code to add standards for adaptive reuse of non-residential buildings; and 7) principally permit formula retail and waive size limitations for such uses on a portion of Showplace Square Area (555-9th Street, Assessor's Parcel Block No. 3781, Lot No. 003); 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. June 05, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 05, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED June 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE June 12, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT City and County of San Francisco Page I Printed at 9:40 am 011 6/28123 June 12, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED June 13, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton June 27, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 230371 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/27/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 9:40 am 011 6/28/23