o0159-23

AMENDED IN COMMITTEE FILE NO. 230732 7/17/2023 ORDINANCE NO. 159-23 [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, off. street freight loading, curb cuts for vehicular access, 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 1 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 and portions of the C-2 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 administrati'le oertifioates of appropriateness, and minor permits to alter for awnings,--aRd Qualifying Soopes of \".'ork, 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. 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 swike!hreNgh ife1ics Times ;vew RemenffJnI Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial f:ont. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 2 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. 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. 230732 and is incorporated herein by reference. The Board affirms this determination. (b) On July 13, 2023, the Planning Commission, in Resolution No. 21352, 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. 230732, 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. 21352, 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. 230732. (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. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 3 (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 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page4 from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to the pandemic. (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. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 5 (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 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 6 Downtown housing, (3) activating Downtown and enacting zoning controls that draw people Downtown, and (4) maximizing flexibility for uses and economic activity in the 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: Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 7 SEC. 102. DEFINITIONS. * * * * City. The City and County of San Francisco. Commercial to Residential Adaptive Reuse. Commercial to Residential Adaptive Reuse shall mean to change the use of an existing Gross Floor Area from a non-residential 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, G, 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, Safai, Dorsey BOARD OF SUPERVISORS Page 8 * * * * (2) RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific Avenue NC District, G,-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, f;, 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 135 .. 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 o[the lot shall be open to the sky except for those obstructions Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 9 permitted in yards pursuant to subsections (I) through (23) of Section 136(c). Where the adiacent properties have an existing rear yard, the unbuilt area of the new proiect 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 ofthis bfH:i.e., and (ii) in accordance with Section 210. 5, usable open space shall not be required for Commercial to Residential Adaptive Reuse proiects. * * * * 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 * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Ratio of Common Usable Open Space That May Be Substituted for Private I Page 10 I C-3, M-1, M-2 36Ql 1.33fil 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 Dwelline Unit. (I) (I) In accordance with Section 210. 5, usable oeen seace shall not be required for Commercial to Residential Adal]_(ive Reuse eroiects. * * * * 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 aeelv to Commercial to Residential Adal]_(ive Reuse woiects. * * * * SEC. 152. SCHEDULE OF REQUIRED OFF-STREET FREIGHT LOADING SPACES IN DISTRICTS OTHER THAN C-3 AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. In districts other than C-3 and Eastern Neighborhoods Mixed Use Districts, off- street freight loading spaces shall be provided in the minimum quantities specified in the Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 11 following table, except as otherwise provided in Section 152.2 and Section 161 of this Code. The measurement of Occupied Floor Area shall be as defined in this Code, except that non;;;accessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted. In accordance with Section 210.5, this Section 152 shall not apply to Commercial to Residential Adaptive Reuse projects. * * * * SEC.152.1. REQUIRED OFF-STREET FREIGHT LOADING AND SERVICE VEHICLE SPACES IN C-3 AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. In C-3 and Eastern Neighborhoods Mixed Use Districts, off-street freight loading spaces shall be provided in the minimum quantities specified in the following Table 152.1, except as otherwise provided in Sections 153(a)(6), 161, and as stated below in this Section 152.1. Notwithstanding the requirements of this Section, including Table 152.1, no building in the C-3-0(SD) district shall be required to provide more than six off-street freight loading or service vehicle spaces in total. The measurement of Occupied Floor Area shall be as defined in this Code, except that non-accessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted. In accordance with Section 210.5, this Section 152.1 shall not apply to Commercial to Residential Adaptive Reuse projects. * * * * 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 12 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 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. * * * * <7} Commercial to Residential Adaptive Reuse projects pursuant to Section 210.5. Pre-existing garage entries, driveways, or other vehicular access to off-street parking and loading via curb cuts for Commercial to Residential Adaptive Reuse projects are not subject to Section 155(r). Creation of new or Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 13 expanded garage entries. driveways, or other vehicular access to off-street parking and loading via curb cuts shall be subject to Section 155(r}. SEC.155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS. * * * * (g) Commercial to Residential Adaptive Reuse projects. In accordance with Section 210. 5, the requirements of this Section 155.1 shall not apply to any Commercial to Residential Adaptive Reuse proiects. 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 projects. 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: Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 14 (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. (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. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 15 Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS Zoning Category § References RESIDENTIAL STANDARDS AND USES Development Standards * * * * * * * * Usable Open Space for Dwelling Units and Group §§ 135,136 Housing * * * * Rear Yard Setback §§ 130, 134 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS C-2 Same as for the R District establishing the dwelling unit density ratio for the property. Group Housing requirement is per bedroom and 1 /3 the amount required fjJr a Dwelling Unit. See exceptions fjJr 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 only_ lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal &et fj:om a propertv line lfrontimz a street or allev. uv to 100% lot coverage may_ occur. The unbuilt 1vortion of the lot shall be oven to the skv except fjJr those obstructions vermitted in vards uursuant to subsections O 2 through C2 3 2 o[_ Section l 36Cc2. Where the adtacent properties have an existing rear y_ard, the unbuilt area o[.the new protect shall be designed to adtoin that rear y_ard. See exceptions fjJr Commercial to Residential Adaptive Reuse protects in Section 210. 5. 25% of the totel depth let depth, hut in mJ eese less the1'1 !. 5 r, ,, r. nN, ·• ,,~· JVVI,, J..,. 11\./ VI.J'I, ,._,,,...,. .)' .._,..,. w.,_., ·c, ~ dwelling unit end eeeh succeeding ~ Page 16 * * * * SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS lzoning Category ~§References IRES/DENT/AL STANDARDS AND USES I Development Standards * * * * l::J.stth/.e Qpe1'l Spaee {Per Dwelling Unit} §§ 135, 136 Usable Open Space fjJr Dwelling Units and Group Housing * * * * Rear Yard Setback §§ 130, 134 Mayor Breed; Supervisors Peskin, Safai, Dorsey 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 fjJr a Dwelling Unit. See exceptions fjJr 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 onlY.. lobbies and circulation areas and on levels in which all residential uses, including circulation areas, are within 40 horizontal {§et -{):om a propertv line frontinz a street or allev uv to 100% lot coverage maY.. occur. The unbuilt nortion of the lot shall be oven to the skv excer..t fjJr those obstructions vermitted in vards vursuant to subsections Cn through {_23J o[Section I 36CcJ. Where the adtacent properties have an existing rear Y._ard, the unbuilt area o[the new protect shall be Page 17 designed to adf oin that rear r..ard. See exceetions {j]r Commercial to Residential Adae.tive Reuse e.ro[ects in Section 210. 5. 25% efthe totel dcf)th let def)th, hut- in mi ee&e le&& the19 !. 5 1'. , .,._ , __ ~-· .... , - J'"''""'" J,._,. -~ ~ J -~ • ... b - dwelling unit- end eeeh &ueeeediflg ~ Exceptions are permitted by § 309. * * * * SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM. (a) Purpose and Findings. This Section 210. 5 describes the Commercial to Residential Ada"{2.tive Reuse Program. The e.urpose of the Program is to facilitate the adae.tive reuse of non- residential buildings to sue.e.ort the Ci{)! 's housing needs br.. allowing {j]r conversion ofthose buildings to residential use. (b) Commercial to Residential Adaptive Reuse Proiects. A Commercial to Residential Ada"{2.tive Reuse e.ro[ect is a e.rofect that includes a change of use of anr.. existing Gross Floor Area from a non-residential use to a residential use as those uses are defined in Section 102. (c) Eligibility. To be eligible {j]r the Commercial to Residential Adae.tive Reuse Program, a e.ro[ect 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 ae.e.roval under Section 206. 5 or 206. 6; and (3) not expand an existing building's enveloe.e in a manner where the addition to the building envelope ree.resents more than 3™% of the existing building's Gross Floor Area,· provided that if a project would exceed this limit, the portions of the building additions in Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 18 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. aAd (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 of the Planning Code and this Section 210.5, this Section shall prevail,· provided that this Section does not alter, amend, or modify Section 249.93 (Group Housing Special Use District). For Commercial to Residential Adaptive Reuse pro;ects, the following zoning controls shall be waived or modified, as described: (]) Lot Coverage. Lot coverage requirements per Section 134 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 o(Section 140 may be satisfied by either of the following: {fil 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 155.2 shall not apply. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 19 (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)(l) 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. (9} Transportation Demand Management (TDM} Plan Requirements. The Transportation Demand Management Plan requirements in Section 169 shall not apply. (1 O} 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. (11} Off-Street Freight Loading and Service Vehicle Spaces. The requirements of Sections 152 and 152.1 for Off-Street Freight Loading and Service Vehicle Spaces shall not apply. (12} Protected Pedestrian. Cycling. and Transit-Oriented Street Frontages. Pre-existing garage entries, driveways, or other vehicular access to off- street parking and loading via curb cuts for Commercial to Residential Adaptive Reuse projects are not subject to Section 155fr}. Creation of new or expanded garage entries, driveways, or other vehicular access to off-street parking and loading via curb cuts shall be subject to Section 155(r}. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 20 (e) Review of Projects in the C-3 District. !fa pro;ect 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 i[a pro;ect 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 J.J.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, 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 J.J.0% of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 21 Any such sum of .JJO% heretofore described may be increased to J,10% 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 .J..() 16 feet of such features where the height limit is 65 feet or less, and the top .J-6 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 roo[line instead o[the height limit. (B) Elevator, stair and mechanical penthouses, fire towers, skylights,_ and dormer windows. This exemption shall be limited to the top .J..() l_Q_feet of such features where the height limit is 65 feet or less, and the top .J-6 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 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. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 22 (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 roofline 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 same proposed structure or alteration in connection with a project authorization application pursuant to Section 322. * * * * ( d) Netiee 9( Pl'fJp6sed Appl'fJwtl fa,. Pl'fJieets t!u1t de n6t r-equire Public Hearing. Iftm 8:ffliC8:tieH decs net ;i•cquil'C 8: Pl8:Hning Cenunissien hcttri,"lg pursu8:nt te Subscctien 3{)9(c)(1) hcfow, the 8:pplic8:tieH er building er site permit 1118:)' he reviewed 8:Hd 8:ppr-eved 8:d111iHiStr8:tivcly. At the determiH8:tieH e{thc PktHHilig Directer, 8:fflic8:tieHs for especi8:l{)1 sigHi{ic8:nt scepcs e{werk .'918:)>' he suh;ect te the Heti{ic8:tien requiremcHts e{SectieH 333 e{this Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 23 1 1 Cede. l!El request for Pf.tt1•uqing Cmmnissien re.dew is mElde pursuElnt te subsectien 3()9((), #w qpplicEltien will be subiect te the neti(kEltien €Ind heElring preced'btres e(th:is Sectien. If,w request for Cen1missim1 review is mElde, the Zening Atbninistr€lter m€l}' e:epreve the preiect 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 prefect weul£1, resuh in El net €ldditien efnwre th€ln 5(), ()()() StfUElre feet &jgressfleer ElreEl efsp€lce, er (Bf 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 (Jl..f;.) The project would require an exception as provided in Subsection 309(a); provided that the hearing requirements o(this Section 309 shall not apply to Commercial to Residential Adaptive Reuse proiects seeking exceptions or modifications pursuant to Section 210. 5 (d). * * * * (I} Phmning Cemmis-sien Re~iew U-pen Requesl. (1) Requests. Within 1 () days after ,wtice &}the prepesed Zoning AdH1inistrElter Bfr19re 1r€ll h€18 been given, €1Sprevided in subsectien (d), Elnypersen mey request in writing thElt the P fanning Cemnzissien bnpese additienal medijicatiens en the prefect €lS pre,•ided in subsectie11 (/:;) er censider the BfJf)licEltien for cempliElnce with the epen sp€lce Elnd streetsrnpe requirenients efthe Pl€lm1i1ig Cede. The written request shElll stElte v.,•hy €ldditienEll medificEltiens sheul£1, be impesed netwit.t,,stElnding its cempliElnce wit,t,, the requirements e_ft,t,,is Cede €Ind shElll Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 24 identifj,· the policies or of:?jectires that wobf:ki be promofed by· the imposition of cenditiens, or shall stflfe why the epen space and streetsct1pe reqHirenients have not been cemplied ·with. (2) Cemmissien Censideffl:Hen. The Planning Conunission shall censider at a pHblic hearing each writfen reqHest for additienal modificatimis and for consideration t>}the epen space and streetsctlf)e reqHirenwnts t>fthe Plan,iilig Cede compliance and mt1y, by majority rofe, direct that a hearing be condbf:cfed to consider sbf:ch modifications or cempliance, which hearing H1tl}' be co,idbf:cfed at the sanie nieeting that the writk!11 reqHest is considered and decided. ,\Totice t>fsbf:ch hearing shall be providedpHrsbf:ant to the reqHirenie,its t>}Sectien 333 e:f this Cede, prerided that niailed notice shall also be prwi1ided to any person who has reqbf:ested Sbf:ch notice, mid to any person who has sbf:bmitk!d a reqbf:est for additional reqHirernents. In deferminilig whether to cendbf:ct sbf:ch a hearing, the Planning Coniniission shall deferrnine whether, based upon a re1i1iew t>fthe pmject, reasonable groHnds existjbf:stifj,·ing a pHblic hearing in order to cmisider the pr&posed additional modifications and the epen SJ3ElCe and streetsct1pe reqHirements ofthe Planning Code compliance. (3) Centmis-sien Actien. {{the Plannilig Commission defermines to condbf:ct a hearing to cmisider the impositien &/additional nwtEfications or the OJ3en space and streetsct1pe reqHirernents compliance, it HU:l}, after Sbf:ch hearing and afier rnakiTig tlPfJrepriatefindings, tlPf)rove, dist1wro·i1e, or t1ppro·i1e sbf:bject to conditions the bbf:ilding or site permit or project abf:thorization t1Pf)lication. {{the Planning Comniission deferrnines not to condbf:ct a hearing, the Zoning Administr-€ltor shall tlJ3prove the tlPf)licatiol'l sbf:bject to any conditions imposed by the Director of Pla,ming to which the tl-J3plicant has consented (f:+) 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 25 subject to those conditions, and if the applicant refuses to so agree, the Planning Commission may disapprove the application. (/}) 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 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 greater t.",,an 50,000 gross square feet, for all projects proposing construction of a new building greater than 120 .gs feet in height or greater a vertical addition to an existing building Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 26 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 S~ubsection (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; (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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 27 1 1 Gross Floor Area and must face the street occupy space within the first 25 feet of the storefront * * * * SEC. 121.6. LARGE-SCALE RETAIL USES. fe) 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 Stthrrection 121. 6 shall apply to the establishment of a new use and the expansion of an existing use.--(b) JVotwithsltmding eny other provisie,q of th:is Code, csteelishmcnt crfe singk rcteil use in excess of 90, 000 gross squerc feet within e C 3 ZoniJqg District shell require co1qditionel use eutlwriwtion pbtr~uent to Section 303 unless such use elrcedy• is prohieitcd. This Suescction shell 61fJPly only fo the csteelishmcnt afe nc1,1>' use (c) lV-otwithstending eny other pro1i?ision of this Code, csteelishmcnt afe 8inglc rcteil use in excess afl 20,000 gross squerc:fect is prohieited in eny zoning district other then e C 3 Zoning District. This Suescction shell €lfJply to the csteelishnwnt afe new use end the expansion &fen existing HSC. (d) Notwithstanding eny other pro 1.'ision of this Code, csteelishmcnt afe singk rcteil use in excess &fl 20,000 gross squercfect i,q e C 3 Zoning District shell he prohieited ifit v,•ould sell groceries; contein more then 20,000 Stockkceping Units (SKUs); end devote nwrc then five percent (5%) &jifs tote! selcsfloor erce to the selc &jnon texeelc nwrche1qdisc. This &escction shell €lJJJJly only to the csteelishmcnt &je new u.sc. (e) For purposes of this Section, +1+2+-1.-,.6'""':---1(""+l-+)-"~se~.1+1c'*s-+flf+el+,0H"r-+effr~ce-"-,.i,l't,ffr-;,/l+,/ur,ldf",es-o,ffn.-0,• interior euilding 8pecc devoted to the selc &jmcrchendisc, e,qd docs 1qot include rcstreoms, &fji:cc 8pecc, storegc 8pecc, eutonqoeilc service erces, or open eir gerden S€llcs 8pecc; (2) "non texeelc mcrchendisc " includes enly greccry' products not subject te Celifornie Stetc selcs Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 28 t€1:x; €1:nd (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 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% o(the street frontage at the ground level or contain window displays o(at least four feet in depth to allow visibility to the inside o(the building or activate the street. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 29 SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * Table 145.4 Reference for Commercial, Reference for Neighborhood Commercial, and Mixed Use Use Residential- Commercial Districts Districts * * * * N/A 890.37 Entertainment, Other NIA Flexible Workse_ace 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 S§:ubsection (b) above. (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 ape_ly to such street frontages within the C districts. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 30 1 1 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 installation shall have a maximum height of] 6 feet above the roofiine 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. {ll_ Temporary Wireless Telecommunications Services (WTS) Facilities, if the following requirements are met: (A.+) The Planning Director determines that the Temporary WTS Facility shall be sited and constructed so as to: Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 31 (iA) avoid proximity to residential dwellings to the maximum extent feasible; (liB) comply with the provisions of Article 29 of the Police Code; (iiiG) be no taller than needed; (ivD) be physically screened to the maximum extent feasible; and (~E) be erected for no longer than reasonably required. (!J.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. (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 dGistrict that is east ofor fronting Van Ness/South Van Ness Avenue 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/13th 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. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 32 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) Senior Housing §§ 102, 202.2(f) Mayor Breed; Supervisors Peskin, Safai, Dorsey 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 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. @. Page 33 I I Residential Density, Group § 208 Housing NON-RESIDENTIAL STANDARDS AND USES * * * * Industrial Use Category_ Industrial Uses* § 102 Agricultural and Beverage § 102 Processing 1 Agricultural and Beverage § 102 Processing 2 Manufg,cturing,_ Light § 102 * * * * Sales and Service CategorJ!.. Retail Sales and Service* §§ 102, 202.2(a) 2419iHU:if HfHipil8f * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS §-1.()2. 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. @_ NP p p p - p G Page 34 Non-Retail Sales and § 102 p Service* feeef"-fllfJFy' f-+()2: N.J2 bife &ieNee f-+()2: N.J2 * * * * (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 of 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 ofor fronting Van Ness/South Van Ness Avenue Franklin Street/13th Street and north of 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. SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS Zoning Category § References RESIDENTIAL STANDARDS AND USES * * * * Use Characteristics Intermediate Length §§102, 202.10 Occupancy * * * * I Residential Uses Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS ~C- O(SD) 3-R 3-G P(8) P(8) P(8) P(8) C- 3-S P(8) Page 35 No density limit. Density is Residential Density, Dwelling regulated by the permitted height Units (7) § 207 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, Senior Housing §§ 102, 202.2(f) exposure, and open space of each development lot. G ReqHiFed if de--;eiepmeflf meef.s al:t FeqHiremet'lf.s e-f &et:ifm § JQJ.J(f)(l-}, e=1ceep(feF § JQJ. J(f) fl-} ff)) fi',9, Fet€ft:ed le l:eeat:ifm. * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Commercial Use Characteristics * * * * Formula Retail §§ 102, 303.1 p p p p {ef p * * * * Entertainment, Arts and Recreation Use Category Entertainment, Arts and § 102 Recreation Uses* Entertainment, Outdoor § 102. Livery Stable § 102 Open Recreation Area § 102 * * * * Institutional Use Category Institutional Uses* §§ 102, 202.2(e) * * * * Residential Care Facility § 102 Trade School § 102 Sales and Service Category Retail Sales and Service* §§ 102, 202.2(a) Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS p NP NP NP p p NP p p p p p NP NP NP GP NP NP NP NP NP NP p p p p p p p p p G-f.. NP NP p p p p p p Page 36 Anime/. HtH;piftli f--1-m NF NP- NF G G * * * * Non-Retail Sales and § 102 p (1) p (1) p fij p (1) p (1) Service* ill * * * * Design Professional § 102 p p p fij p p ill I* * * * * Not listed below. (1) C required if at or below the ground floor. (2) (Reserved! NP if/.oceted on floors one end two end does not effer on site senices to the gerwre/. public. C required if /.oceted on the third}l:oor, or}l:oors four through six end the use is ierger then 5, 000 gross squere feet in size. F'or uses loceted on the third.fl-oar, in eddition to the criterie set forth in Sectio11 303, e Co11ditio11ei Use Authorizetion pursuent to this note she/./. be gi,ien only ifthe Commission determines thet: the proposed use wou/.d not require ,nodijicetion efthe /.ocetion thet would negeth•ely impect existing erchitecture/., historic end eesthetic feetures, or otherwise inhibit the conversion beck to e prb1cipelly pern1it-ted use in the future; the proposed use wou/.d not hew e:n ectuei or potentie/. edverse impect on edjecent zoning districts in which non reftlil se/.es end senices uses ere not permitted; end the proposed use will not result in t,lw de'.1elopn1ent efnon reftlil seks end services uses such thet the District's primer:,,· fbtnction is no /.anger en eree fer comperison shopper reftlilbig end direct consumer sen<ices. Provided further thet for eny Cm1ditione/. Use Authorizetion given pursuent to the preceding sentence, the Pmnning Commission eiso consider the fe/./.o 1,1,1ing: whet.lwr the proposed use would comp/.ement or SbtfJfJOrt prb1cipeUy permitted uses in the District, end whether the site <>}the proposed use is not conditeive to e1qyprincijJeUy permitted uses in the District by 'P'irtue ofphysicel /.imitetions, Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 37 irwh;1ding hblt not lin1ited to the si:ze and orientation e.fthefloorpftlte and the natblre af iniiepemient access to the thirdfloor * * * * (6)-f.Reserved 1 C reqbliredfor Forn1blftl Rettlil on properties in the C 3 G District with frontage 011 A1arket Street, between 6th Street and the intersection efA,Jarket Street, 12th Street, and Fr-tmklin 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 proiects pursuant to Section 210.5, regardless ofbuildingsize. SEC. 248. TRANSIT CENTER C-3-0(SD) COMMERCIAL SPECIAL USE DISTRICT. 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 the City and Coblnty qfSan 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 20,000 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. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 38 (d) Exceptions. Exceptions to the controls in S~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 (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 offsite 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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 39 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 Siubsection (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 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 Siubsection (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 Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 40 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 &m Fr€mcisco 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 ofthe 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 Zoning District and portions of the C-2 Zoning District Existing signage in the C-3 zoning dQ.istrict or a C-2 zoning district that is east of or fronting Franklin Street/13th Street and north of Townsend Street shall not be subiect to the provisions ofthis Section 604 or a more restrictive provision in a special sign district in Section 608 et seq., provided that a change from general advertising to 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 of writing, representation, emblem or any figure of similar character shall in itself constitute a new sign subiect to the provisions of this Section 604. Consistent with Section 608, this provision shall control over any conflicting, more restrictive provision in a special sign district. 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. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 41 (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: * * * * (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-:-;-Gf (10) VVhen the application is for a Qualifying Scope of \Nork, as delegated by HPC to Department and periodically updated, and the site is located in C a zoning districts~ * * * * SEC.1111.1. DETERMINATION OF MINOR AND MAJOR ALTERATIONS. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 42 (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; fH'- (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 Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code,.; or (4) When the application is for a permit to install 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;,er. (5) VVhen the application is for a Qualifying Scope of V\tork, 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: Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 43 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, i(a project sponsor chooses to pay the in-lieu fee described in Section 138(i)(4), a fee 0($1.410 shall be required for each square foot o{usable open space not provided. The amount ofthis fee shall equal the fee payable under this subsection (b) and shall be adjusted in accordance with Section 409. This fee shall be paid into the Downtown Park Fund, as described in Section 412 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 Downtown. (d) C-3-R District. In the C-3-R Districts. if a project sponsor chooses to pay the in-lieu fee described in Section 138(;)(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) Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 44 and shall be ad;usted 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 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. 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 lllA.1 Purpose and intent. The purpose o[this Section 11 lA (consisting ofSections 11 lA.1. 11 lA.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 promote the safe, flexible use o[the existing structures, as part o[the City's strategy for economic recovery. Key to the furtherance of this purpose is the ability o[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 of the California Health and Safety Code. Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 45 ' ; ' l lllA.2 Scope. This Section I I IA may apply to proiects that meet the definition and applicable requirements for Commercial to Residential Adaptive Reuse proiects 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 proiect elects to use the standards established in the California Historical Building Code, that proiect shall not be permitted to use the alternative building standards of this Section I I IA. 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. 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 I I IA. The Building Official and Fire Code Official shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, information sheets, Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 46 administrative bulletins, training manuals. and educational materials to assist in the implementation o(this alternative building standards manual and this Section I I IA. 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 § Urban Mixed Use District References Controls * * * * Retail Sales and Services * * * * 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. 3781, Lot 003, and the size controls in Section 843. 45 shall not apply. * * * * Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 47 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\01691136.docx Mayor Breed; Supervisors Peskin, Safai, Dorsey BOARD OF SUPERVISORS Page 48 ' ' City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230732 Date Passed: July 25, 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, off-street freight loading, curb cuts for vehicular access, 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 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 and portions of the C-2 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 minor permits to alter for awnings, 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 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 12, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED July 17, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 17, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT City and County of San Francisco Page I Printed at 8:48 am on 7/26/23 July 18, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton July 25, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 230732 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 7/25/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 8:48 am on 7/26/23