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AMENDED IN COMMITTEE FILE NO. 210674 7/19/2021 ORDINANCE NO. 136-21 Planning Commission BOARD OF SUPERVISORS Page 1 [Planning Code - Code Corrections Ordinance] Ordinance amending the Planning Code to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. 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. 210674 and is incorporated herein by reference. The Board affirms this determination. (b) On February 25, 2021, the Planning Commission, in Resolution No. 20861, 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

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Page 2 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. 210674, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this Planning Code amendment will serve the public necessity, convenience, and general welfare for the reasons set forth in Resolution No. 20861.

Section 2. The Planning Code is hereby amended by revising Sections 121.1, 136, 155, 155.2, 181, 201, 202.9, 205.5, 206.5, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 249.35A, 249.49, 260, 309, 311, 317, 350, 413.5, 414.6, 424, 710, 714, 721, 722, 723, 728, 735, 745, 752, 758, 761, 764, 781.1, 803.2, 810, 811, 812, 827, 847, 996, Appendix O to Article 10, and Appendix E to Article 11, to read as follows: SEC. 121.1. DEVELOPMENT OF LARGE LOTS, NEIGHBORHOOD COMMERCIAL DISTRICTS. (a) Purpose. In order to promote, protect, and maintain a scale of development that is appropriate to each district and compatible with adjacent buildings, new construction or significant enlargement of existing buildings on lots of the same size or larger than the square footage stated in the table below shall be permitted only as Conditional Uses. District Lot Size Limits * * * * NC-1, NCT-1 5,000 sq. ft. 24th Street-Mission

24th Street-Noe

Broadway

Castro Street

Cole Valley

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Page 3 * * * *

Judah Street

Lakeside Village

* * * *

NC-2, NCT-2 10,000 sq. ft. NC-3, NCT-3

Bayview

Cortland Avenue

Divisadero Street

* * * *

Folsom Street

Geary Boulevard

Hayes-Gough

Inner Balboa Street

Inner Taraval Street

Japantown

Lower Haight Street

Lower Polk Street

Mission Bernal

Mission Street

Ocean Avenue

Outer Balboa Street

Regional Commercial District

San Bruno Avenue

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Page 4 * * * *

SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED SETBACKS, YARDS, AND USABLE OPEN SPACE. (a) The following obstructions shall be permitted, in the manner specified, as indicated by the symbol "X" in the columns at the left, within the required open areas listed herein:

(1) Projections from a building or structure extending over a Street or Alley as defined by in Section 102 of this Code. * * * * SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF- STREET PARKING, FREIGHT LOADING, AND SERVICE VEHICLE FACILITIES. Required off-street parking and freight loading facilities shall meet the following standards as to location and arrangement. Facilities which are not required but are actually provided shall also meet the following standards unless such standards are stated to be applicable solely to required facilities. In application of the standards of this Code for off- street parking and loading, reference may be made to provisions of other portions of the Municipal Code concerning off-street parking and loading facilities, and to standards of the Better Streets Plan and the Bureau of Engineering of the Department of Public Works. Final authority for the application of such standards under this Code, and for adoption of regulations and interpretations in furtherance of the stated provisions of this Code shall, however, rest with the Planning Department. * * * * (r) Protected Pedestrian-, Cycling-, and Transit-Oriented Street Frontages. In order to preserve the pedestrian character of certain districts and to minimize delays to transit service, garage entries, driveways, or other vehicular access to off-street parking or loading

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Page 5 via curb cuts on development lots shall be regulated as set forth in this subsection (r). These limitations do not apply to the creation of new publicly-accessible Streets and Alleys. Any lot whose sole feasible vehicular access is via a protected street frontage described in this subsection (r) shall be exempted from any off-street parking or loading requirement found elsewhere in this Code.

(1) Folsom Street, from Second Street to The Embarcadero, not permitted except as set forth in Section 827.

(2) Not permitted: * * * *

(RR) 4th Street from Folsom Street to Townsend Street, and

(SS MMMM) 6th Street from Folsom Street to Brannan Street.

(TT) 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 of Directors, transit bulb-out as defined in the Better Streets Plan, or on street frontage directly adjacent to a transit boarding island as defined in the Better Streets Plan if vehicles accessing the curb cut would be required to cross over the boarding island. * * * * SEC. 155.2. BICYCLE PARKING: APPLICABILITY AND REQUIREMENTS FOR SPECIFIC USES. * * * * Table 155.2 BICYCLE PARKING SPACES REQUIRED Use Minimum Number of Class 1 Spaces Required Minimum Number of Class 2 Spaces Required

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Page 6 * * * * NON-RESIDENTIAL USES * * * * Institutional Uses Category * * * *

Religious Facility Five Class 1 spaces for facilities with a capacity of less than 500 guests; 10 Class 1 spaces for facilities with a capacity of greater than 500 guests. One Class 2 space for every 500 50 seats or for every portion of each 50 person capacity. * * * *

SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION. * * * * (c) Dwellings Nonconforming as to Density.

(1) A Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units set forth in the Zoning Control Table for the district in which the lot is located shall be classified as a nonconforming use under Section 180 of this Code, but only to the extent that such Dwelling or other housing structure exceeds the permitted density.

(2) In districts where a Dwelling Unit is a pPrincipally pPermitted use, this Section 181 shall not apply with respect to enlargements, alterations and reconstruction of the nonconforming portion of such Dwelling or other housing structure, consisting of those

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Page 7 Dwelling Units or other housing units that exceed the permitted density, so long as such enlargements, alterations, or reconstruction do not otherwise extend beyond the building envelope as it existed on January 1, 2013.

(3) No enlargements, alterations, or reconstruction shall be permitted under Ssubsection (c)(2) for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14)12) and 37(a)(14) where the tenant was served with the notice of eviction after December 10, 2013 if the notice was served within ten (10) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. Additionally, no such enlargements, alterations, or reconstruction shall be permitted for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. This Ssubsection (c)(3) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant's right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it. * * * * 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: * * * *

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Page 8 Potrero Power Station Mixed Special Use District (Also see Sec. 249.87) PPS-MU Potrero Power Station Mixed Special Use District (Defined in Sec. 249.87(g)(1)

* * * * SEC. 202.9. FLEXIBLE RETAIL USES. (a) Applicability. This Section shall apply to Flexible Retail Uses as defined in Section 102. Flexible Retail shall be permitted in neighborhood commercial districts in the following Flexible Retail Zones: * * * *

(2) Zone 2: shall comprise all of that portion of the City and County commencing at the point of the intersection of Junipero Serra Boulevard and Brotherhood Way, and proceeding northerly along the eastern edge of Junipero Serra Boulevard to Garfield Street, and proceeding easterly along Garfield Street to Grafton Avenue, and continuing easterly along Grafton Avenue to Mount Vernon Avenue, and proceeding easterly along Mount Vernon Avenue to Howth Street, and proceeding northerly along Howth Street to Geneva Avenue, and proceeding easterly along Geneva Avenue to Interstate 280, and proceeding northerly along Interstate 280 to the straight-line extension of Tingley Street, and proceeding southerly along said line to Tingley Street, and proceeding southerly along Tingley Street to Alemany Boulevard, and proceeding easterly along Alemany Boulevard to Congdon Street, and proceeding southerly along Congdon Street to Silver Avenue, and proceeding easterly along Silver Avenue to Madison Street, and proceeding southerly along Madison Street to Burrows Street, and proceeding westerly along Burrows Street to Prague Street, and proceeding southerly along Prague Street to Persia Avenue, and proceeding easterly along Persia Avenue to Mansell Street, and continuing easterly along Mansell Street to San Bruno

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Page 9 Avenue, and proceeding northerly and easterly along San Bruno Avenue along San Bruno Avenue to Ware Street, and proceeding easterly along Ware Street to Bayshore Boulevard, and proceeding northerly along Bayshore Boulevard to a straight line extension from Bayshore Boulevard to San Bruno Avenue, and proceeding northerly along San Bruno Avenue to 23rd Street, and proceeding easterly along 23rd Street to Vermont Street, and proceeding northerly along Vermont Street to 16th Street, and proceeding easterly along 16th Street to a straight-line extension from 16th Street, and proceeding easterly along said extension to the shoreline to the San Francisco Bay, and proceeding southerly along shoreline to the San Francisco/San Mateo county border, and proceeding westerly along the San Francisco/San Mateo county border to Saint Charles Avenue, and proceeding northerly along Saint Charles Avenue to Interstate 280, and proceeding northeasterly along Interstate 280 to a northerly straight-line extension to Orizaba Avenue, and proceeding northerly along said line to Alemany Boulevard, and proceeding westerly along Alemany Boulevard to Brotherhood Way, and proceeding westerly along Brotherhood Way to the point of commencement. * * * * SEC. 205.5. TEMPORARY USES: INTERIM ACTIVITIES ON DEVELOPMENT SITES. * * * * (b) Definitions. For purposes of this Section 205.5, the following definitions shall apply: * * * * “Interim Activity” means any Arts Activities Use; any Entertainment, General Use; any Use within a PDR-1-D District; and/or any Use Principally pPermitted in the subject zoning district. * * * *

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Page 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: * * * *

(2) Density Bonus. Analyzed Projects that provide On-site Inclusionary Housing Units or Restricted Affordable Units that meet all of the requirements of for an Inclusionary Housing Unit shall receive a density bonus as described in Table 206.5A as follows: * * * * SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.

* * * * Table 209.1. ZONING CONTROL TABLE FOR RH DISTRICTS Zoning Category § References RH-1(D) RH-1 RH-1(S) RH-2 RH-3 * * * *

RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length Occupancy §§102, 202.10 P(9) P(9) P(9) P(9) P(9)

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Page 11 * * * * * * * * (9) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS.

* * * * Table 209.2. ZONING CONTROL TABLE FOR RM DISTRICTS Zoning Category § References RM-1 RM-2 RM-3 RM-4 * * * *

RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length Occupancy §§102, 202.10 P(10) P(10) P(10) P(10) * * * * * * * * (10) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS.

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* * * * Table 209.3. ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category § References RC-3 RC-4 * * * * RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length Occupancy §§102, 202.10 P(11) P(11) * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Institutional Use Category * * * * Philanthropic Admin Services § 102 NP NP * * * * * * * * (11) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. * * * * SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS.

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Page 13 * * * * Table 209.4. ZONING CONTROL TABLE FOR RTO DISTRICTS

Zoning Category § References RTO RTO-M * * * * RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length Occupancy §§102, 202.10 P(10) P(10) * * * * * * * * (10) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. 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 * * * * Use Characteristics

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Page 14 Intermediate Length Occupancy §§102, 202.10 P(6) * * * * * * * * (6) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.

* * * *

Table 210.2. ZONING CONTROL TABLE FOR C-3 DISTRICTS Zoning Category § References C-3-O C-3-O(SD) C-3-R C-3-G C-3-S * * * * RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length Occupancy §§102, 202.10 P(8) P(8) P(8) P(8) P(8) * * * * NON-RESIDENTIAL STANDARDS AND USES

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Page 15 * * * * Automotive Uses Category * * * * Parking Lot, Private §§102, 142 ,156 NP (9) NP (9) NP (9) NP (9) NP (9) Parking Lot, Public §§102, 142 ,156 NP (9) NP (9) NP (9) NP (9) NP (9) * * * * * * * * (8) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or more Dwelling Units. (9) Pursuant to Section 156(f), temporary parking lots may be approved as Conditional Uses, except in the C-3-O(SD) District, pursuant to the provisions of Section 303 for a period not to exceed five years from the date of approval. No new parking lots may be approved in the C-3-O(SD) District, however Conditional Use approval for a two-year extension of existing parking lots in the C-3-O(SD) District may be approved pursuant to Section 156(f) provided that they meet the requirements of subsection 156(h). * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3. ZONING CONTROL TABLE FOR PDR DISTRICTS

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Page 16 Zoning Category § References PDR-1-B PDR-1-D PDR-1-G PDR-2 * * * *

NON-RESIDENTIAL STANDARDS AND USES * * * * Institutional Uses Category * * * * Philanthropic Admin Service § 102 NP NP NP NP * * * * * * * *

SEC. 210.4. M DISTRICTS: INDUSTRIAL. * * * * Table 210.4 ZONING CONTROL TABLE FOR M DISTRICTS * * * * Zoning Category § References M-1 M-2 * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * *

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Page 17 Residential Parking Requirements §§ 151. None required. P up to one space for every two units. C up to three spaces for every four units. NP above. * * * * SEC. 249.35A. FULTON STREET GROCERY STORE SPECIAL USE DISTRICT. * * * * (e) Effectiveness of Controls in this Special Use District. The controls of this Section 249.35A shall apply only to a Grocery Store that the Planning Commission approves pursuant to the requirements of this Section 249.35A within 5 years of the effective date of the ordinance in Board File No. 190839 amending this Section.

SEC. 249.49. TELEGRAPH HILL – NORTH BEACH RESIDENTIAL SPECIAL USE DISTRICT. * * * * (c) Controls.

(1) Number of Off-Street Residential Parking Spaces. Up to 0.5 parking spaces for each Dwelling Unit, subject to the controls and procedures of Section 249.49(c) and Sections 155(r) and 155(t). Not Permitted above this amount. three cars for each four dwelling units is a Permitted use; up to one car for each dwelling unit requires a Conditional use, subject to the criteria and procedures of Section 151.1(f); above one car for each dwelling unit is Not Permitted.

(2) Installation of a Parking Garage. Installation of a garage in an existing or proposed residential building of two or more units requires a mandatory discretionary review hearing by the Planning Commission. In order to approve the installation of any garage in these districts, the Commission shall find that: (1) the proposed garage

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Page 18 opening/addition of off-street parking will not cause the elimination or reduction of ground- story retail or commercial space; (2) the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit; (3) the building has not had two or more evictions within the past 10 years, with each eviction associated with a separate unit(s), (4) the garage would not front on an Alley pursuant to Section 155(r)(2) of this Code or on a public right-of-way narrower than 41 feet, and (5) the proposed garage opening/or addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code. Prior to issuance of any required notification under Section 311 or 312 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the Department shall independently verify, and the Department shall determine whether the project complies with (4) and (5) above. If the project sponsor does not provide such signed affidavit, or the garage would front on an Alley or public right-of-way narrower than 41 feet, the Department shall disapprove the application and no Planning Commission hearing shall be required.

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

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Page 19 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. * * * *

(N) (O) In the Van Ness & Market Residential Special Use District and only in the block/lot districts 85-X // 120/365-R-2, additional building volume used to enclose or screen from view the features listed in subsections (b)(1)(A) and (b)(1)(B) 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 10 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 that is enclosed or otherwise not open to the sky. The features described in subsection (b)(1)(B) shall not be limited to 16 feet for buildings taller than 200 feet but shall be limited by the permissible height of any additional rooftop volume allowed by this subsection (N) (O). * * * *

SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS.

* * * * (a) Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below:

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(1) Exceptions to the setback, streetwall, tower separation, and rear yard requirements as permitted in Sections 132.1 and 134(d);

(2) Exceptions to the ground-level wind current requirements as permitted in Section 148;

(3) Exceptions to the sunlight to public sidewalk requirement as permitted in Section 146;

(4) Exceptions to the limitation on curb cuts for parking access as permitted in Section 155(r);

(5) Exceptions to the limitations on above-grade residential accessory parking as permitted in Section 155(s);

(6) Exceptions to the freight loading and service vehicle space requirements as permitted in Section 161(fe); * * * *

(19) Exceptions to the required minimum dwelling unit mix in Section 207.6 for projects within the Van Ness & Market Residential Special Use District. In considering such exceptions, the Planning Commission shall consider the following criteria:

(A) whether the project demonstrates a need or mission to serve unique populations; or

(B) whether the project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill the requirements of Section 207.6 or subsection 309(a)(19)(i)(A). * * * *

SEC. 311. PERMIT REVIEW PROCEDURES. * * * *

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Page 21 (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, 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) Change of Use. For purposes of this Section 311, a change of use is defined as follows:

(A) Residential, NC, and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions

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Page 22 of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. * * * *

(ii) Subsection 311(b)(1)(A)(i) shall apply to Neighborhood Commercial Districts and Limited Commercial Uses in the following geographic areas: * * * * SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION. * * * * (g) Conditional Use Criteria. * * * *

(2) Residential Merger. The Planning Commission shall consider the following criteria in the review of applications to merge Residential Units or Unauthorized Units:

(A) whether removal of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed have been owner occupied;

(B) whether removal of the unit(s) and the merger with another is intended for owner occupancy;

(C) whether removal of the unit(s) will remove an affordable housing unit as defined in Section 401 of this Code or housing subject to the Residential Rent Stabilization and Arbitration Ordinance;

(D) if removal of the unit(s) removes an affordable housing unit as defined in Section 401 of this Code or units subject to the Residential Rent Stabilization and Arbitration Ordinance, whether replacement housing will be provided which is equal or greater

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Page 23 in size, number of bedrooms, affordability, and suitability to households with children to the units being removed;

(E) how recently the unit being removed was occupied by a tenant or tenants;

(F) whether the number of bedrooms provided in the merged unit will be equal to or greater than the number of bedrooms in the separate units;

(G) whether removal of the unit(s) is necessary to correct design or functional deficiencies that cannot be corrected through interior alterations;

(H) the appraised value of the least expensive Residential Unit proposed for merger only when the merger does not involve an Unauthorized Unit.

The Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(1214) and 37.9(a)(14) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within 10 years prior to filing the application for merger. Additionally, the Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing the application for merger. This Ssubsection (g)(2)(H) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant's right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.

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Page 24 * * * * SEC. 350. FEES.

* * * * (h) Document Retrieval. The fee for files stored on-site shall be the actal actual costs for printing the file(s). The fee for files stored of-site shall be the actual costs for retrieval, printing, and return of files, as specified in a retrieval schedule prepared by the Director of Planning, or the Director's designee. * * * * SEC. 413.5. COMPLIANCE BY PAYMENT OF IN-LIEU FEE. * * * * (d) Office Fees for Small Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition up to 49,999 gross square feet of Office Use shall be paid as follows: * * * *

(3) For aAny project that has submitted a complete Development Application after January 1, 2021, shall pay $62.64 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. * * * * SEC. 414.6. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE AN ON-SITE CHILD-CARE FACILITY AT ONE OF THE PROJECTS. The sponsor of a development project subject to Section 414.1et seq. in conjunction with the sponsors of one or more other development projects subject to Section 414.1et seq. located within ½ one-half mile of one another may elect to provide a single child-care facility on

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Page 25 the premises of one of their development projects for the life of the project to meet the requirements of Section 414.1et seq. The sponsors shall, prior to no later than six months after the issuance of the first final certificate of occupancy by DBI for any one of the development projects complying with this part, provide proof to the Department that: * * * *

(D) A written agreement binding each of the participating project sponsors guaranteeing that the child-care facility will be provided for the life of the development project in which it is located, or for as long as there is a demonstrated demand, as determined under Section 414.12, has been executed and recorded in the chain of title of each participating building. The property owner must submit a copy of the agreement to the Planning Department upon finalization to demonstrate compliance with this Section.

SEC. 424. VAN NESS AND& MARKET AFFORDABLE HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM. * * * *

SEC. 710. NC-1 – NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE Zoning Category § References. Controls * * * * RESIDENTIAL STANDARDS AND USES

Planning Commission BOARD OF SUPERVISORS

Page 26 Development Standards * * * * * * * * * Dwelling Unit Mix §§ 207.6, 207.7 Not Generally Required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms. * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT.

* * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * Not listed below (1) BROADWAY OFF-STREET PARKING RESIDENTIAL Boundaries: Broadway NCD. Controls: Installing 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:

Planning Commission BOARD OF SUPERVISORS

Page 27 (a) 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. (b) 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; (c) the building has not had two or more “no-fault” evictions, as defined in 37.9 (a)(7)-(1213) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years; (d) the garage would not front on a public right-of-way narrower than 41 feet; and (e) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. * * * *

(6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD).

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the Broadway Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). * * * * (8) NP for buildings with three or fewer Dwelling Units. C for buildings with 10 or more Dwelling Units. SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * *

Planning Commission BOARD OF SUPERVISORS

Page 28 Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Dwelling Unit Mix § 207.7 Generally Required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms. * * * * * * * * * * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * Not listed below

(1) NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t)) Boundaries: North Beach NCD, North-Beach Telegraph Hill SUD

Planning Commission BOARD OF SUPERVISORS

Page 29 Controls: * * * * (b) Prior to issuance of any required notification under Section 311 or 312 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (i) (ii) and (iii) above, which the Department shall independently verify, and the Department shall determine whether the project complies with (iv) and (v) above. If the project sponsor does not provide such affidavit or the Department determines that the garage would violate subsection (iv) above, the Department shall disapprove the application and no Planning Commission hearing shall be required. * * * *

(8) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) SECTION 249.35

Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, the North Beach Neighborhood Commercial District. Controls: Fringe Financial Services are NP within any FFSRUD and its 1/4 mile buffer pursuant to Section 249.35. Outside any FFSRUD and its 1/4 mile buffer, Fringe Financial Services are P subject to the restrictions set forth in Section 249.35(c)(3). * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Zoning Category § References. Controls

Planning Commission BOARD OF SUPERVISORS

Page 30 * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Dwelling Unit Mix §§ 207.6, 207.7 Generally Required for creation of five or more Dwelling Units. No less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. * * * * * * * * * NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Use Size §§ 102, 121.2 P up to 1,999 square feet; C 2,000 to 3,999 square feet; NP 4,000 square feet and above (2) * * * * * * * * *

Controls by Story 1st 2nd 3rd+ * * * Entertainment, Arts and Recreation Use Category

Planning Commission BOARD OF SUPERVISORS

Page 31 * * * * * * * * * * * * Movie Theater §§ 102, 202.4 (2) P (2) NP (2) * * *

* * *

* Not listed below. (1) Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements of Section 788(d).

(2) [Note deleted] USE SIZE EXEMPTION: Per Planning Code Section 121.2(b), Use Size shall generally not exceed 4,000 square feet except that a Movie Theater as defined in Section 102 may exceed 4,000 square feet.

* * * * SEC. 728. 24TH STREET – NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * *

Table 728. 24TH STREET-NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Dwelling Unit Mix § 207.6 § 207.7 Not RequiredGenerally Required for creation of 10 or more Dwelling

Planning Commission BOARD OF SUPERVISORS

Page 32 Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms. * * * * * * * * * SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE

Zoning Category § References Controls * * * * Non-Residential Uses and Standards * * * * Non-Residential Uses Controls by Story

1st 2nd 3rd+ Institutional Use Category * * * * Medical Cannabis Dispensary** §§ 102, 202.2(e) DR DR NP SEC. 745. INNER TARAVAL STREET COMMERCIAL DISTRICT.

* * * * Table 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * NON-RESIDENTIAL STANDARDS AND USES § References Controls by Story

Planning Commission BOARD OF SUPERVISORS

Page 33

1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * * * * * * * * * * * * * * * * * Restaurant §§ 102, 202.2(a) P(1) NP NP Restaurant, Limited §§ 102, 202.2(a) P(1) NP NP * * * * * * * * * * * * * * * * * * * *

(1) TARAVAL STREET RESTAURANT SUBDISTRICT: Applicable for the Inner Taraval Street NCD between 12th and 19th Avenues as mapped on Sectional Maps 5 SU and 6 SU. Restaurants, Limited-Restaurants are C; Formula Retail Restaurants and Limited- Restaurants are NP. SEC. 752. NCT-3 – MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE

Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * *

Planning Commission BOARD OF SUPERVISORS

Page 34 Dwelling Unit Mix § 207.6 § 207.7 Generally Required for creation of five or more Dwelling Units. 40% of Dwelling Units shall contain at least two Bbedrooms.; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. * * * * * * * * *

SEC. 758. REGIONAL COMMERCIAL DISTRICT.

* * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * NON-RESIDENTIAL STANDARDS AND USES § References Controls by Story

1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * * * * * * * * * * * * * * * * * Service, Non-Retail Professional §102 P P NP * * * * SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT.

Planning Commission BOARD OF SUPERVISORS

Page 35 * * * *

Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE

Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Dwelling Unit Mix § 207.6 § 207.7 Generally Required for creation of five or more Dwelling Units. 40% of Dwelling Units shall contain at least two Bbedrooms. ; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. * * * * * * * * * SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE

Zoning Category §References Controls * * * * RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * * Dwelling Unit Mix § 207.6 § 207.7 Generally Required for creation of five or

Planning Commission BOARD OF SUPERVISORS

Page 36 more Dwelling Units. 40% of Dwelling Units shall contain at least two Bbedrooms. ; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. * * * * * * * * *

SEC. 781.1. TARAVAL STREET RESTAURANT SUBDISTRICT. (a) Purpose. In order to preserve the mix and variety of goods and services provided to the Sunset and Parkside neighborhoods and City residents, prevent further proliferation of restaurant uses and prevent further aggravation of parking and traffic congestion in this district, there shall be a Taraval Street Restaurant Subdistrict, generally applicable for the NC-1-zoned portion of Taraval Street located between 40th and 41st Avenues and between 45th and 47th Avenues, and for the NC-2-zoned portion of Inner Taraval Street Neighborhood Commercial District located between 12th and 36th 19th Avenues, as designated on Sectional Maps SU05 and SU06 of the Zoning Map. * * * * 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

Planning Commission BOARD OF SUPERVISORS

Page 37 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:

(A) 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;

(B) 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;

(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 (1213) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years, and

(D) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. * * * * SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * * Not listed below * * * * (2) 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 Commission shall find that:

Planning Commission BOARD OF SUPERVISORS

Page 38 (a) 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; (b) 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; (c) the building has not had two or more “no-fault” evictions, as defined in Section 39.7(a)(7) through (9) and (11) through (1213) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years; and (d) 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 (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above. * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * * Not listed below * * * * (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:

Planning Commission BOARD OF SUPERVISORS

Page 39 (a) 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; (b) 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; (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 (1213) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years; and (d) 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 (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above. SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.

* * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * Not listed below

Planning Commission BOARD OF SUPERVISORS

Page 40 (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: (a) 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; (b) 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; (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 (1213) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past ten years; and (d) 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 (a), (b), and (c) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above. * * * * SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH-DTR). * * * *

Planning Commission BOARD OF SUPERVISORS

Page 41 Table 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Rincon Hill Downtown Residential Mixed Use District Zoning Controls * * * * Non-Residential Standards and Uses * * * * * * * * * * * * .30b Residential Care Facility § 102 P * * * * * * * * * * * * * * * * SEC. 847. RED-MX – RESIDENTIAL ENCLAVE-MIXED DISTRICT. * * * * Table 847 RED-MX – RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Residential Enclave-Mixed Controls * * * * USES Residential Use * * * * * * * * * * * * 847.23b Homeless Shelters §§ 102, 890.88(d) C

Planning Commission BOARD OF SUPERVISORS

Page 42 844.23b * * *

SPECIFIC PROVISIONS FOR RESIDENTIAL ENCLAVE-MIXED DISTRICTS Article Code Section Other Code Section Zoning Controls § 847.03 § 207 (c)(4) ACCESSORY DWELLING UNITS Boundaries: Within the boundaries of the Residential Enclave-Mixed Districts. Controls: An "Accessory Dwelling Unit," as defined in Section 102 and meeting the requirements of Section 207(c)(4) is permitted to be constructed within an existing building in areas that allow residential use or within an existing and authorized auxiliary structure on the same lot. SEC. 996. DEFINITIONS OF TERMS USED IN ARTICLE 9. * * * * (b) Definition of Terms Used only in Article 9. This subsection (b) provides definitions for certain terms which are used in this Article 9 and not elsewhere in this Code, as follows. * * * *

(3) Live/Work Unit (Any Permitted Work Activity). Live/work unit (any permitted work activity) means a Live/Work Use, as defined in Section 102, in which the Non- Residential Use or Uses are limited to Uses in this district which are Principally Permitted Uses or are Conditional Uses and approved as Conditional Uses.

Planning Commission BOARD OF SUPERVISORS

Page 43 * * * * APPENDIX O TO ARTICLE 10 - CLYDE AND CROOKS WAREHOUSE DISTRICT * * * *

SEC. 9. ADDITIONAL PROVISIONS FOR ALTERATIONS AND NEW CONSTRUCTION. * * * * (e) Signs. * * * *

(2) Secondary Signs. One per establishment per street frontage. A secondary sign is intended to be viewed close-up and consists of: (A) lettering on a door or window that contains only the name and nature of the establishment, hours of operation and other pertinent information; or (b) (B) a projecting sign not exceeding two square feet in area used in conjunction with a principal flush sign. (fd) Nothing in this legislation shall be construed to regulate paint colors within the District. APPENDIX E TO ARTICLE 11 KEARNY-MARKET-MASON-SUTTER CONSERVATION DISTRICT * * * * SEC. 3. LOCATION AND BOUNDARIES. The location and boundaries of the Kearny-Market-Mason-Sutter Conservation District shall be as designated on the Kearny-Market-Mason-Sutter Conservation District Map, as amended, the which is on file with the Clerk of the Board of Supervisors in File No. 180726, which Map is hereby incorporated herein as though fully set forth and a facsimile of which is reproduced herein below.

Planning Commission BOARD OF SUPERVISORS

Page 44 Section 3. Identical Amendments to Planning Code Zoning Control Tables. The following Zoning Control Tables in Article 7 of the Planning Code are amended in the same way as the Section 710 Zoning Control Table in Section 2 of this ordinance by (a) amending the Dwelling Unit Mix zoning category to delete § 207.6 from the Reference section and (b) amending the Control section to read “Generally Required for creation of 10 or more Dwelling Units. No less than 25% of the total number of proposed Dwelling Units shall contain at least two Bedrooms, and no less than 10% of the total number of proposed Dwelling Units shall contain at least three Bedrooms.”: Tables 711 through 722, 724, 725, 727, and 729 through 745.

Section 4. Identical Amendments to Planning Code Zoning Control Tables. The following Zoning Control Tables in Article 7 of the Planning Code are amended in the same way as the Section 714 Zoning Control Table in Section 2 of this ordinance by adding the language from Note 8 “NP for buildings with three or fewer Dwelling Units” in the respective Table Note: Table 760 – Note 4 Tables 720, 721, 729, 730, and 753 – Note 5 Tables 717, 724, 725, 731, 732, 733, 734, 755, 756, and 763 - Note 6 Tables 715, 716, 718, 726, 728, 751, and 762 – Note 7 Tables 713, 714, 723, 754, and 759 – Note 8 Tables 719 and 750 – Note 9 Table 757 – Note 10 Tables 710 and 712 – Note 11 Table 711 – Note 12 Table 722 – Note 13

Planning Commission BOARD OF SUPERVISORS

Page 45

Section 5. Identical Amendments to Planning Code Zoning Control Tables. The following Zoning Control Tables in Article 7 of the Planning Code are amended in the same way as the Section 714 Zoning Control Table in Section 2 of this ordinance by adding “1/4” before “mile buffer” in the respective Fringe Financial Service Restricted Use District Note: Tables 720, 752, 754, and 760 – Note 2 Tables 717, 724, and 730 – Note 3 Tables 723, 725, 726, and 763– Note 4 Tables 715, 716, 719, 728, 762, and 764 – Note 5 Table 759 – Note 6

Section 6. Identical Amendments to Planning Code Zoning Control Tables. The following Zoning Control Tables in Article 7 of the Planning Code are amended in the same way as the Section 723 Zoning Control Table in Section 2 of this ordinance by (a) amending the Dwelling Unit Mix zoning category to delete § 207.7 from the Reference section and (b) amending the Control section to read “Generally Required for creation of five or more Dwelling Units. No less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms; or no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms.”: Table 726, and Tables 750 through 764.

Section 7. Identical Amendments to Planning Code Zoning Control Tables. The following Zoning Control Tables in Article 7 of the Planning Code are amended in the same way as the Section 735 Zoning Control Table in Section 2 of this ordinance by deleting the double asterisk after “Medical Cannabis”: Tables 736, 737, 738, 739, 740, 741, 743, 744, 745., and 755.

Planning Commission BOARD OF SUPERVISORS

Page 46

Section 8. 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 9. Scope of Ordinance. With the exception of the amendments prescribed in Sections 3, 4, 5, 6, and 7 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 amendment deletions in accordance with the “Note” that appears under the official title of the ordinance.

APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney

By: /s/ ANDREA RUIZ-ESQUIDE

ANDREA RUIZ-ESQUIDE

Deputy City Attorney

n:\legana\as2021\2100038\01544425.docx Tails City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance Ordinance amending the Planning Code to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. File Number: July 27, 2021 Date Passed: 210674 July 19, 2021 Land Use and Transportation Committee - DUPLICATED July 19, 2021 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 19, 2021 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 20, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton July 27, 2021 Board of Supervisors - FINALLY PASSED Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 City and County of San Francisco Printed at 10:32 am on 7/28/21 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/27/2021 by the Board of Supervisors of the City and County of San Francisco. File No. 210674 Clerk of the Board Angela Calvillo

Date Approved

London N. Breed Mayor Page 2 City and County of San Francisco Printed at 10:32 am on 7/28/21 8/4/21