o0202-18

AMENDED IN COMMITTEE FILE NO. 180557 7/23/2018 ORDINANCE NO. 202-18 [Planning Code -Technical Amendments] Ordinance amending the Planning Code in order to correct errors in enacted legislation, update outdated references, clarify existing requirements, and re-enact existing text inadvertently deleted in the reorganization of Articles 2 and 7; affirming the Planning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 Ne-vv Roman font. Deletions to Codes are in strikethrough italics Times 1'le-w 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. 180557 and is incorporated herein by reference. The Board affirms this determination. (b) On March 8, 2018, the Planning Commission, in Resolution No. 20128, 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 Planning Commission BOARD OF SUPERVISORS Page 1 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. 180557, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and general welfare for the reasons set forth in Planning Commission Resolution No. 20128, and the Board adopts said reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 102, 121.2, 121.6, 121.9, 132, 142, 145.1, 145.4, 149, 151, 151.1, 155.2, 177, 186, 186.1, 187.1, 191, 201, 202.2, 204.5, 205.2, 206.2, 206.3, 206.4, 206.5, 206.6, 206.8, 207, 209.2, 209.3, 210.1, 210.3C, 211.1, 249.36, 249.45, 249.52, 249.59, 249.60, 249.62, 249.65, 249.70, 249.73, 249.74, 249.75, 249.76, 249.79, 303.1, 308.1, ~ 342.1, 401, 413.3, 415.3, 415.6, 415.7, 423.5, 604, 703, 710, 711, 712, 714, 717, 718, 722, 723, 726, 728, 732, 753, 754, 780.1, 814, 846, and 996, to read as follows: SEC. 102. DEFINITIONS. * * * * Accessory Use. A related minor Use that is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or appropriate, incidental, and subordinate to any such use, and is located on the same lot. Accessory Uses are regulated by Sections 204 through 204.5 and Sections 703(d)L end 803.2(b)ill(C), 803.3(k){J )(C), and 825(c)(I )(C) of this Code. * * * * Arts Activities. A Retail Entertainment, Arts and Recreation Use that includes performance, exhibition (except exhibition of films), rehearsal, production, post-production and some schools of any of the following: Dance, music, dramatic art, film, video, graphic art, painting, Planning Commission BOARD OF SUPERVISORS Page 2 schools of any of the following: Dance, music, dramatic art, film, video, graphic art, painting, drawing, sculpture, small-scale glassworks, ceramics, textiles, woodworking, photography, custom-made jewelry or apparel, and other visual, performance and sound arts and craft. It shall exclude accredited Schools and Post Secondary Educational Institutions. It shall include commercial arts and art-related business service uses including, but not limited to, recording and editing services, small-scale film and video developing and printing; titling; video and film libraries; special effects production; fashion and photo stylists; production, sale and rental of theatrical wardrobes; and studio property production and rental companies. Arts spaces shall include studios, workshops, archives and theaters, and other similar spaces customarily used principally for arts activities, exclusive of a Movie Theater, Amusement Game Arcade Enterprise, Adult Business Entertainment, and any other establishment where liquor is customarily served during performances. * * * * Automotive Use. A Commercial Use category that includes Automotive Repair, Ambulance Services, Automobile Sale or Rental, Automotive Service Station, Automotive Wash, Gas Station, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, Vehicle Storage Lot, and Motor Vehicle Tow Service. All Automotive Uses that have Vehicular Use Areas defined in this Section of the Code shall meet the screening requirements for vehicular use areas in Section 142. Automotive Use, Non-Retail. A subcategory of Automotive Use that includes Ambulance Services, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, and Motor Vehicle Tow Service. * * * * Design Professional. A Non-Retail Sales and Service Use that provides professional design services to the general public or to other businesses and includes architectural, landscape Planning Commission BOARD OF SUPERVISORS Page architectural, engineering, interior design, and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of Arts Activities; or (2) the services of advertising agencies or other services which are included in the definition of Professional Service or Non-Retail Professional Service, Financial Service or Medical Service. Design Professional in Neighborhood Commercial Districts is subject to the operating restrictions outlined in Section 202.2(0. * * * * Hours of Operation. A commercial Use Characteristic limiting the permitted hours during which any commercial establishment, not including automated teller machines, may be open for business. Other restrictions on the hours of operation of Movie Theaters, Adult Businesses, Nighttime Entertainment, General Entertainment, and Other Entertainment Uses, as defined in #Hs Sections 102 and 890, shall apply pursuant to provisions in Section 303(p), when such uses are permitted as Conditional Uses. A Pharmacy may qualify for the exception to operate on a 24-hour basis provided in Section 202.2(a)(2) of the Code. Industrial Use. A Use Category col'ltil'luil'lg containing the following uses: Automobile Wrecking, Automobile Assembly, Food Fiber and Beverage Processing 1 and 2, Grain Elevator, Hazardous Waste Facility, Junkyard, Livestock Processing 1 and 2, Heavy Manufacturing 1 ,2, and 3, Light Manufacturing, Metal Working, Pm~ier Pltmt, Ship Yard, Storage Yard, Volatile Materials Storage, and Truck Terminal. * * * * Notice of Special Restrictions. A document recorded with the San Francisco Recorder's Office for any unit sulrject to this Program detailing specific restrictions placed on an Assessor's lot that are typically associated with an approval action by the Planning Department, Planning Commission, Zoning Administrator, or other City agency. the sale al'ld resale or rental restrictions and Planning Commission BOARD OF SUPERVISORS Page4 any restrictions on purchaser or tenant income levels included as a Condition ofApprmal of the principal project relating to the unit. * * * * Permeable Surfaces. Permeable sSurfaces are those that allow s-tormwater to infiltrate the underlying soils. Permeable sSurfaces shall include, but not be limited to, vegetative planting beds, porous asphalt, porous concrete, single-sized aggregate, open-jointed blocks, stone, pavers, or brick that are loose-set and without mortar. Permeable sSurfaces are required to be contained so neither sediment nor the permeable surface material discharges off the site. * * * * Production, Distribution, and Repair (PDR) Use. A grouping of uses that includes, but is not limited, to all Industrial and Agricultural Uses, Ambulance Services, Animal Hospital, Automotive Service Station, Automotive Repair, Automotive Wash, Arts Activities, Business Services, Cat Boarding, Catering Service, Commercial Storage, Kennel, Motor Vehicle Tow Service, Livery Stable, Parcel Delivery Service, Public Utilities Yard, Storage Yard, Trade Office, Trade Shop, Wholesale Sales, and Wholesale Storage. * * * * Public Facility. An Institutional Use that consists of publicly or privately owned use that provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements that necessitate location within the district and is in compliance with the General Plan, including civic structures (such as museums, post offices, administrative offices of government agencies), public libraries, police stations, and transportation facilities. Such use shall not include service yards, machine shops, garages, incinerators, Utility Installations, and publicly operated parking in a garage or lot (Public Automobile Parking Garages and Public Parking Lots). * * * * Planning Commission BOARD OF SUPERVISORS Page 5 Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703(d) ~± 803.2(b)(1)(C). 803.3(b)(1)(C) and 825(c)(1)(C) depending on the zoning district in which it is located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses, pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. Within the North Beach SUD, it is also distinct from Specialty Food Manufacturing, as defined in Section 780.3(b). It shall not provide on-site beer and/or wine sales for consumption on the premises, but may provide off-site beer and/or wine sales for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine), that occupy less than 15% of the Occupied Floor Area of the establishment (including all areas devoted to the display and sale of alcoholic beverages). Such businesses shall operate with the specified conditions in Section 202.2(a)(1 ). * * * * Tobacco Paraphernalia Establishment. A Retail Sales and Service Use where more than 10% perceHt of the square footage of &Occupied .fEloor aA._rea, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. For purposes of Sections 719, l-J..fJd, RM, and 723, and 723.1 of this Code, Tobacco Paraphernalia Establishments shall mean retail uses where Tobacco Paraphernalia is sold, distributed, delivered, furnished, or marketed from one person to another. "Tobacco Paraphernalia" means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of Planning Commission BOARD OF SUPERVISORS Page tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054, et seq. "Tobacco Paraphernalia" does not include lighters, matches, cigarette holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Medical Cannabis Dispensaries, as defined in Section 3301 (f) of the San Francisco Health Code, are not Tobacco Paraphernalia Establishments. * * * * Utility and Infrastructure. A Use eCategory that includes Community Recycling Center, Internet Service Exchange, Power Plant, Public Transportation Facility, Public Utilities Yard, Wireless Telecommunications Services (WTS) Facility, and Utility Installation. * * * * SEC. 121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD COMMERCIAL AND NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS. (a) In order to protect and maintain a scale of development appropriate to each district, Non-Residential Uses of the same size or larger than the square footage stated in the table below may be permitted only as Conditional Uses. The use area shall be measured as the Gross Floor Area for each individual Non-Residential Use. District Castro Street North Beach Pacific Avenue Polk Street 24.tlI th Street-Mission 24.tlI th Street-Noe Valley Haight Street Planning Commission BOARD OF SUPERVISORS Use Size Limits 2,000 sq. ft. 2,500 sq. ft. Page 7 Inner Clement Street Inner Sunset Japantown Outer Clement Street Pel-If Street Sacramento Street Union Street Upper Fillmore Street West Portal Avenue NC-1, NCT-1 Broadway Hayes-Gough Upper Market Street Valencia Street NC-2, NCT-2 },[(;;. ;}, },[(;;.'j:. ;} Divisadero Street Folsom Street Glen Park Irving Street Judah Street Noriega Street Ocean Avenue So Ma Taraval Street NC-3, NCT-3 Excelsior Outer Mission Street Planning Commission BOARD OF SUPERVISORS 3,000 sq. ft. 4,000 sq. ft. 6,000 sq. ft. Page Fillmore Street Mission Street NC-S Regional Commercial District NG 2, NG+ 2 NG d, NG+ d QivisaElern StFeet Felsern StFeet GleA PaFk IFviAg StFeet d1:1ElaR StFeet NeFiega StFeet GeeaA AveA1:1e Se Ma TaFaval StFeet NG d, NG+ d E~rnelsieF G1:1teF MissieA StFeet FillrneFe StFeet MissieA StFeet NG-S RegieAal GernrneFeial QistFiet * * * * Planning Commission BOARD OF SUPERVISORS 10,000 sq. ft. 4,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft. Page SEC. 121.6. LARGE-SCALE RETAIL USES. * * * * (e) For purposes of this Section 121. 6: (1) "sales floor area" includes only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space,:.:- (2) "non-taxable merchandise" includes only grocery products not subject to California State sales taxi:_:- and (3) "single retail use" shall include, except for Hotels and Motels, all Retail and Service Uses listed in Section 102 and retail uses identified in Article 8 ofthis Code except for Hotels and Motels~ * * * * SEC. 121.9. SUBDIVISION OF LARGE LOTS, PDR DISTRICTS. In order to promote, protect, and maintain viable space for a wide range of light industrial uses in PDR Districts, in furtherance of Objective 4 of the Commerce and Industry Element and Policies 1.5 and 8.1 of the Bayview Hunters Point Area Plan, any proposal to subdivide, resubdivide, or perform a lot line adjustment to a parcel that is equal to or greater than 10,000 square feet, into one or more smaller parcels, shall be permitted only with eConditional uUse authorization appro'r1al. Additionally, all proposals for the subdivision, resubdivision, or lot line adjustments of parcels in PDR Districts shall be evaluated in consideration of the following criteria in order to further Objective 4 of the Commerce and Industry Element and Policies 1.5 and 8.1 of the Bayview Hunters Point Area Plan: (a) The proposed parcelization will support light industrial activities in the district. Planning Commission BOARD OF SUPERVISORS Page 1 (b) If the resulting parcelization will require demolition of a structure, the demolition of the structure complies with the Industrial Uses replacement requirement per Section 202. 7 ±UJ. (c) The uses proposed for the parcels, if any, comply with the cumulative use size limits detailed in the PDR Zoning Control Table. SEC. 132. FRONT SETBACK AREAS, IN RTO, RH1 AND RM DISTRICTS AND FOR REQUIRED SETBACKS FOR PLANNED UNIT DEVELOPMENTS. * * * * (g) Landscaping and Permeable Surfaces. The landscaping and pfermeable 1 O sSurface requirements of this &~ubsection (g) and &~ubsection (h) below shall be met by the permittee in the case of construction of a new building; the addition of a new Dwelling Unit, a garage, or additional parking; any addition to a structure that would result in an increase of 20% or more of the existing Gross Floor Area, as defined in Section 102; a Residential Merger, as defined in Section 317; or paving or repaving more than 200 square feet of the front setback. All front setback areas required by this Section 132 shall be appropriately landscaped, meet any applicable water use requirements of Administrative Code Chapter 63, and in every case not less than 20% of the required setback area shall be and remain unpaved and devoted to plant material, including the use of climate appropriate plant material as defined in Public Works Code Section 802.1. For the purposes of this Section 132, permitted obstructions as defined by Section 136(c)(6) chimneys, Section 136(c)(14) steps, and Section 136(c)(26) underground garages, shall be excluded from the front setback area used to calculate the required landscape and pfermeable sSurface area. If the required setback area is entirely taken up by one or more permitted obstructions, the Zoning Administrator may allow the installation of sidewalk landscaping that is compliant with applicable water use requirements of Chapter 63 of the Administrative Code to satisfy the Planning Commission BOARD OF SUPERVISORS Page 11 requirements of this Section 132, subject to permit approval from the Department of Public Works in accordance with Public Works Code Section 8108. (h) Permeable Surfaces. The front setback area shall be at least 50% permeable so as to increase stormwater infiltration. The pEermeable rr,$'.urface may be inclusive of the area counted towards the landscaping requirement; provided, however, that turf pavers or similar planted hardscapes shall be counted only toward the pEermeable rr,$'.urface requirement and not the landscape requirement. Permeable surfaces are defined in Section 102.33. (1) The Zoning Administrator, after consultation with the Director of Public Works, may waive the pEermeable rr,$'.urface requirement if the site does not qualify as a 1 O suitable location pursuant to Department of Public Works rules and regulations. (2) If the site receives stormwater run-off from outside the lot boundaries, the Zoning Administrator, after consultation with the General Manager of the Public Utilities Commission, may modify the pEermeable rr,$'.urface requirement to include alternative management strategies, such as bio-retention or other strategies, pursuant to Public Utilities Commission rules and regulations. (i) Planned Unit Developments. In addition to the front yard landscaping requirements in Section 132(g). Planned Unit Developments are required to install the following front yard landscape features. (1) Where ground floor setbacks are required, landscaping is also required in the setbacks per Section 132(g). All building setback areas not occupied by steps, porches or other permitted obstructions shall be pEermeable Surfaces as defined in Section 102.33. Setbacks should be designed to provide access to landscaped areas, encouraging active use by residents. * * * * Planning Commission BOARD OF SUPERVISORS Page 12 SEC. 142. SCREENING AND GREENING OF PARKING AND VEHICLE VEHICULAR USE AREAS. Off-street parking and "vehicle Vehicular uUse e4reas~ adjacent to the public right-of- way shall be screened as provided in this Section. (a) Screening of Parking and Vehicular Vehicle Use Areas less than 25 Linear Feet Adjacent to a Public Right-of-Way. (1) Every off-street parking space within a building, where not enclosed by solid building walls, shall be screened from view from all Streets and Alleys through use of garage doors or by some other means. (2) Along rear yard areas and other interior open spaces, all off-street parking spaces, driveways and maneuvering areas within buildings shall be screened from view and confined by solid building walls. (3) Off-street parking spaces in pEarking fL_ots shall meet the requirements of Section 156 and other applicable provisions of Article 1.5 of this Code. Such parking areas shall be screened from view as provided in Section 156( c) of this Code. (b) Vehicular Use Areas That Are Greater than 25 Linear Feet along the Public Right-of-Way. All lots containing +iEehicular uUse e4reas where such area has more than 25 linear feet along any public right-of-way shall provide screening in accordance with the requirements of this Section and the Ornamental Fencing definition in Section 102:-J.J. The following instances shall trigger the screening requirements for these ·vehicle Vehicular uUse e4reas: (1) Any existing +iEehicular uUse e4rea that is accessory to an existing pErincipal uUse if such use expands gGross JEloor e4rea equal to 20% percent or more of the gGrossfEloor e4rea of an existing building; Planning Commission BOARD OF SUPERVISORS Page 13 (2) Any repair rehabilitation or expansion of any existing :v.[ehicular uUse e4_rea, if such repair, rehabilitation or expansion would increase the number of existing parking spaces by either more than 20% or by more than four spaces, whichever is greater; or (3) The excavation and reconstruction of an existing :v.[ehicular uUse ff:f'e Area if such excavation and reconstruction involves the removal of 200 square feet or more of the asphalt, concrete or other surface devoted to vehicular use. This provision does not apply to the resurfacing due to emergency work to underground utilities if such work is intended to maintain safety or other public purpose beyond the control of the property owner. (c) Perimeter Screening. All :v.[ehicular uUse e4_reas that are greater than 25 linear 1 O feet adjacent to the public right-of-way shall provide a screening feature around the perimeter of the lot adjacent to the public right-of-way. Screening shall add to the visual diversity of the use and need not be an opaque barrier. This feature shall be at least one of the following: (1) OrnamentalfEencing or a solid wall that is 4 feet in height and a 5 foot deep pfermeable 9,lurface with landscaping along the perimeter of the lot that is adjacent to a public right-of-way and compliant with the applicable water use requirements of Administrative Code Chapter 63; or (2) A combination of permeable landscaping compliant with the applicable water use requirements of Administrative Code Chapter 63 and eOrnamentalfEencing where the pfermeable 9,lurface and landscaping is the equivalent area of a 5 foot deep average perimeter landscaping that has been otherwise configured to result in either: (i4.) a public space or amenity that is accessible from the public right-of-way or (iili) a natural drainage system, such as combined swales, retention basins, detention basins or rain gardens, to reduce stormwater runoff. (d) Modification of Perimeter Screening Requirements. The Zoning Administrator is authorized to modify the requirements of subsection ft1 thereby allowing alternative Planning Commission BOARD OF SUPERVISORS Page landscape treatments to partially or wholly satisfy this screening requirement provided that alternative landscape treatments such as landscaped berms, perimeter plantings, pedestrian lighting, benches and seating areas, or additional landscaping and tree plantings are provided elsewhere on the site and will be visible from the public right-of-way or are provided in the public right-of-way as regulated by Section 81 OB of the Public Works Code. The Zoning Administrator may authorize such modification only upon finding that the proposed alternative landscape treatment would: (1) Provide a visual effect that promotes and enhances the pedestrian experience through the use of quality urban design; (2) (3) Promote the reduction of stormwater runoff~ and Use climate appropriate plant materials, as defined in Public Works Code Section 802.1, that are compliant with the applicable water use requirements of Administrative Code Chapter 63. 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. * * * * (4) Ground Floor Ceiling Height. Unless otherwise established elsewhere in this Code: (A) All ground floor uses in UMU Districts shall have a minimum floor- to-floor height of 17 feet, as measured from grade. Ground floor Residential Uses shall also be designed to meet the City's Guidelines for Ground Floor Residential Design Guidelines. Planning Commission BOARD OF SUPERVISORS Page 1 (B) Ground floor Non-Residential Uses in all C-3, NCT, DTR, Chinatown Mixed Use, RSD, SLR, SLI, SPD, SSO, RED-MX, WMUG, MUG, MUR, WMUO and MUO Districts shall have a minimum floor-to-floor height of 14 feet, as measured from grade. (C) Ground floor nNon-FResidential uUses in all RC districts, C-2 districts, RED districts, and NC districts other than NCT, shall have a minimum floor-to-floor height of 14 feet, as measured from grade except in 40-foot and 50-foot height districts, where buildings shall have a minimum floor-to-floor height of 10 feet. * * * * (6) Transparency and Fenestration. Frontages with active uses that are not residential or PDR must be fenestrated with transparent windows and doorways for no less than 60% percent 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. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * Table 145.4 Reference for Commercial, Reference for Mixed Use Use Neighborhood Commercial, and Planning Commission BOARD OF SUPERVISORS Districts Page 16 Residential-Commercial Districts * * * * * * * * * * * * (e) * * * * * * * * 790.122 Take Out Food * * * * * * * * 890.140 Walk-Up Facility Modifications. Modifications to the requirements of this Section are not permitted in DTR Districts. In Neighborhood Commercial and Commercial Districts, modifications to the requirements of this Section may be granted through the Conditional Use process, as set forth in Section 303. In the Eastern Neighborhoods Mixed Use Districts, modifications to the requirements of this Section may be granted through the procedures of Section 329 for projects subject to that Section or through an Administrative Modification from the Zoning Administrator for other projects, as set forth in Section 307(g). SEC. 149. BETTER ROOFS; LIVING ROOF ALTERNATIVE. * * * * (e) Waiver. If the project sponsor demonstrates to the Zoning Administrator's satisfaction that it is physically infeasible to meet the Living Roof requirements as written for the project in question, the Zoning Administrator may, in his or her sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), grant partial relief from the requirements stated in subsection (d) where the design of the Better Roof is within 10% percent of any quantitative requirements. The requirements of CCR Title 24, Part 6, Section 110.10 for the solar zone shall remain applicable. SEC. 151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES. * * * * Planning Commission BOARD OF SUPERVISORS Page 17 (b) Minimum Parking Required. Table 151 OFF-STREET PARKING SPACES REQUIRED Use or Activity Number of Off-Street Parking Spaces Required RESIDENTIAL USES **** Senior hHousing, as defined in Section 102 None in districts other than RH-1 and RH-2. of this Code, or housing for persons with In RH-1 and RH-2 Districts, one-fifth the physical disabilities, as defined in the number of spaces specified above for the Americans with Disabilities Act. district in which the dwelling is located. Homeless Shelters None required * * * * NON-RESIDENTIAL USES * * * * Industrial Use Category * * * * Hemeless Shelters N-ene r-equir-ed * * * * Residential Care Facility None in districts other than RH-1 and RH-2. In RH-1 and RH-2 Districts, one for 10,- beds where the number of beds exceeds nine. * * * * * * * * Planning Commission BOARD OF SUPERVISORS Page 18 SEC. 151.1. SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN SPECIFIED DISTRICTS. (a) Applicability. This Section 151.1 shall apply only to NCT, RC, RCD, RTO, Mixed Use, M-1, PDR-1-D, PDR-1-G, and C-3 Districts, and to the Broadway, Excelsior Outer Mission Street, Japantown, North Beach, Polk, and Pacific Avenue Neighborhood Commercial Districts.1 * * * * Table 151.1 OFF-STREET PARKING PERMITTED AS ACCESSORY Use or Activity Number of Off-Street Car Parking Spaces or Space Devoted to Off-Street Car Parking Permitted RESIDENTIAL USES * * * * Dwelling Units in C-3 Districts * * * * P up to one car for each two Dwelling Units; C up to, 0.75 cars for each Dwelling Unit, subject to the criteria and procedures of Section 151.1 (e); NP above three cars for each four Dwelling Units. **** **** * * * * {e)f Excess Residential Parking. Any request for accessory residential parking, in excess of what is principally permitted in Table 151.1, shall be reviewed by the Planning Commission as a Conditional Use. In MUG, WMUG, MUR, MUO, RED, RED-MX, and SPD Districts, any project subject to Section 329 and that requests residential accessory parking in Planning Commission BOARD OF SUPERVISORS Page 19 excess of that which is principally permitted in Table 151.1, but which does not exceed the maximum amount stated in Table 151.1, shall be reviewed by the Planning Commission according to the procedures of Section 329. Projects that are not subject to Section 329 shall be reviewed under the procedures detailed in subsection (f) below. * * * * SEC. 155.2. BICYCLE PARKING: APPLICABILITY AND REQUIREMENTS FOR SPECIFIC USES. * * * * Table 155.2 Bicycle Parking Spaces Required Use Minimum Number of Class Minimum Number of Class 1 Spaces Required 2 Spaces Required Residential Uses * * * * Group Housing (including SRO Units and Student Housing that are Group **** **** One Class 1 space for every Minimum two spaces. Two four beds. For buildings Class 2 spaces for every 100 containing over 100 beds, 25 beds. Group Housing that is Housing; Homeless Shelters Class 1 spaces plus one also considered Student are exempt) Class 1 space for every five Housing shall provide 50% Planning Commission BOARD OF SUPERVISORS beds over 100. Group hHousing that is also considered Student Housing per Section 102.36 shall provide 50% percent more percent more spaces than would otherwise be required. Page 20 spaces than would otherwise be required. * * * * * * * * * * * * * * * * SEC. 177. LEGITIMIZATION OF CERTAIN MASSAGE ESTABLISHMENTS. (a) Intent. The purpose &}this Section 177 i-s-te established a time-limited program whereby existing Massage Establishments that have operated without required permits may seek those permits. Pursuant to its terms, this program sunsetted on December 27, 2016, 18 months after its effective date o[June 27, 2015. (b) Legitimization Program for Certain Afassage Establis!tments. A A1assage Establishment shall be considered a legal, as defined in Section 180, or a permitted Conditional Use, and shall be authorized to continue to operate without obtaining a Conditional Use authorization from the Planning Commission, as required by Sections 102 and 890. 60 o.fthis Code, if it meets all o.fthe following requirements: (1) As ofJanuary 19, 2015, it was operating in that location; (2) As &jto January 19, 2015, it obtained a business license from the City; (3) As o,fto January 19, 2015, all employees obtained a valid certification from the California },1assage Therapy Council (C4}.JTC) or a v·alidpermitfi·om the Department &j Public Health (DPH); (4) There are no open Police Department, Planning Department or DPH enforcement cases against the },1assage Establishment at the time o.fpermit approval; and (5) The A1assage Establishment applies for a permitfrom DP~ under Section 29. 25 of the Health Code 1vithin 90 days &jthe effective date &}this Section 177. (c) W~bsite Notice. As soon as possible after enactment of this Section 177, the P fanning Department andDP~shallpost notice &}this legitimization program on their websites, inviting Planning Commission BOARD OF SUPERVISORS Page 21 },fassage Establishment orvners or operators to take advantage &j this program, and describing its contents and requirements. The notice shall clearly explain ·,vhich zoning districts &jthe City permit A1assage Establishments as &fright, 1vhich ones permit them with a Conditional Use authorization, and which do notpermit them. (d) Determination tJfApplicability. Upon receiving a Afassage Establishment referral from the DPHpursuant to Section 29.28 of the Health Code, the Planning Department shall assess whether the },fassage Establishment meets the conditions set forth in this Section 177. },{assage Establishment OH'ners or operators shall submit to the Planning Department evidence supporting the findings required under Subsection (b) above. Such evidence may include, but is not necessarily limited to, the following: rental or lease agreements, building or other permits, utility records, business licenses, CAA/TC certification materials, permitsfrom DPH, or tax records. The Planning Department shall determine compliance ·with this Section in its response to the referral form receivedfrom DP~ (e) Limitation of Intensification, Expansion or Discontinuance. Enlargements, Intensifications or Discontinuances of},{assage Establishments t}iat follow the Legitimization Process authorized by this Section 177 shall be subject to the controls applicable under Sections 178, J 81, 182 a1qd 183 of this Code. (/) Compliance with Other Requirements o,{the Planning Code. Afassage Establishments that follow the Legitimization Process authorized by this Section shall comply with all applicable (g) Sunset. Unless readopted, this Section 177 shall sunset 18 months after its cffecti"ve date a/June 27, 2015. The City Attorney is hereby authorized to direct the Publisher to delete Section 177 on or after December 27, 2016. SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS. Planning Commission BOARD OF SUPERVISORS Page 22 * * * * (a) Exemption from Termination Provisions. The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in S~ubsection (b) below: (1) Any nonconforming use at any s,s.lory in an RTO, RH or RM District which is located more than one-fourth ¥r mile from the nearest Named ll'ldividual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, and which complies with the use limitations specified for the}Eirst s,s.lory and below of an NC-1 District, as set forth in Sections 710.10 through 710.95 of this Code . (2) Any nonconforming use in an RTO, RH or RM District which is located within one-fourth ¥r mile from any Named ll'ldividbtal Area Neighborhood Commercial District or ,.B_estricted uUse s~ubdistrict and which complies with the most restrictive use limitations specified for the }Eirst s,s_lory and below of: (A) an NC-1 District, as set forth in SectionB 710.10 through 710.95 of this Code; end (8) Agny Named Individbtal Area Neighborhood Commercial District within one-fourth ¥r mile of the use, as set forth in Sections 714:-1-0 through 748 and 753 through 764 729.95 of this Code; (C) Any Restricted Use Subdistrict within one-fourth ¥r mile of the use, as set forth in Sections 781 et seq. through 781. 7 of this Code. (3) In the RED Districts, any nonconforming use which is a personal service use falling within zoning category 816.31; home and business service use falling within zoning categories 816.42 through 816.47; live/work unit falling within zoning category 816.55; wholesale sales, storage or light manufacturing uses falling within zoning categories 816.64 through 816.67. Planning Commission BOARD OF SUPERVISORS Page 23 (b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions: (1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; (2) Any signs on the property shall be made to comply with the requirements of Article 6 Section 606(c) of this Code for Limited Commercial applying to nonconferming uses; * * * * SEC. 186.1. EXEMPTION OF NONCONFORMING USES IN NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * (b) Enlargements or Alteration. (1) A nonconforming use may not be significantly altered; enlarged or intensified, except upon approval of a eConditional uUse application pursuant to the provisions of Section 303 Article 3 of this Code, provided that the use not have or result in a greater height, bulk or floor area ratio, less required rear yard or open space, or less required off-street parking space or loading space than permissible under the limitations set forth in this Code for the district or districts in which such use is located. (2) A nonconforming use may expand to include public sidewalk space provided that such space is only occupied with tables and chairs as permitted by this Municipal Code. (3) No existing use or structure which fails to meet the requirements of this Code in any manner as described above in this 8§'.Ubsection (b) shall be constructed, reconstructed, enlarged, altered or relocated so as to increase the discrepancy, or to create a new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code. Planning Commission BOARD OF SUPERVISORS Page 24 (c) Changes in Use. A nonconforming use may be changed to another use or feature as described below. (1) A nonconforming use may be changed to a use listed in Article 7 of this Code as a pfrincipal uUse for the district in which the property is located, and the new use may thereafter be continued as a Principallypfermitted principal uUse. (2) A nonconforming use may be changed to a use listed in Article 7 of this Code as a Conditional Use for the district in which the use is located, only upon approval of a eConditional uUse application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted eConditional uUse, subject to the provisions of 1 O Section 178 of this Code. (3) A nonconforming use may be changed to a use which is not permitted in that Neighborhood Commercial District as described below, only upon approval of a Conditional Use application, pursuant to the provisions of Article 3 of this Code: (A) Any Bar, Limited Restaurant, or Restaurant use described in zoning categories. 41,. 43, or. 44, as defined in Sections 790.22, 790.90, and 790.91, respectively, may change to another Bar, Limited Restaurant, or Restaurant use described in zoning categories . 41 or M, even though such other use is not permitted in that Neighborhood Commercial District, unless such other use is located in an Alcohol Restricted Use Subdistrict and is prohibited by the provisions governing that Alcohol Restricted Use Subdistrict. (B) Any Business Service, Health Service, Personal Service, or Retail Professional Service use described in zoning categories .51, .52, or .53, as defined in &ctions 790.114, 790.116, and 790.108 retJpectively, may change to another such use described in zoning categories .51, .52, or .53, even though such other use is not permitted in that Neighborhood Commercial District. Planning Commission BOARD OF SUPERVISORS Page (C) Any Automotive Repair, Automotive Service Station, or Gas Station use described in zoning categories . 57, . 58, or . 59, as defined in &ctions 790.14, 790. 17, and 790. 15 respectively, may be demolished and reconstructed as the same use or may change to another such use described in zoning categories .57, .58, or .59, even though such other use is not permitted in that Neighborhood Commercial District. The new use shall still be classified as a nonconforming use. The changes in use described in this &~ubsection {£2.(3) shall include remodeling activities involving the demolition and replacement of structures that result in a change of use. * * * * (5) In the Castro Street Neighborhood Commercial District, any use in this dDistrict that exceeds the maximum Non-Residential uUse sSize limit of Section 121.2(b) may he not be changed to a new use. The only method for changing a nonconforming use identified in this &~ubsection {fl is to reduce the nonconforming use: (A) to a conforming use size; or (B) to a size specified in Subsection 121.2(a) pursuant to Conditional Use authorization. Notwithstanding the above, any use in this District that exceeds the maximum Non- Residential uUse 8Size limit of Section 121.2(b), and is a categorized in the Other General Retail Sales and Services use zoning classification, as defined in Section 102 790. 102, may change to another use category enumerated in the definition of General Retail Sales and Service &ction 790.102 as long as the use size is not increased and the Commission approves a Conditional Use application for such change. The Commission's approval of such Conditional Use application shall explicitly address the use size findings of Section 303(c). (d) Discontinuance. A nonconforming use that is discontinued for a period of three years, or otherwise abandoned or changed to another use that is listed in Article 7 of this Planning Commission BOARD OF SUPERVISORS Page Code as a Principal or Conditional Use for the district in which the use is located shall not be reestablished, except in the following instances: * * * * (2) In the Polk Street Neighborhood Commercial Districts for Tobacco Paraphernalia Establishments, as defined in &ctions 102 and 790.123 of this Code, only, the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued shall be eighteen (18) months. (3) For Formula Retail uses in any district that prohibits or requires Conditional Use authorization for Formula Retail uses, the period of non-use to be deemed discontinued is 18 months. * * * * SEC. 187.1. AUTOMOTIVE SERVICE STATIONS AND GASOLINE STATIONS AS LEGAL NONCONFORMING USES. (a) Continuation as a Nonconforming Use. Notwithstanding any other provision of this Code, an Automotive Service Station or en Automotive g_ Gas Station as defined in Section 102 of this Code, located in en a Residential district, and having legal nonconforming use status under the provisions of this Code on January 1, 1980, shall be regarded as a legal nonconforming use so long as the station continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles. (b) Enlargement and Intensification. An Automotive Service Station regarded as a legal nonconforming use under &~ubsection (a) of this Section 187.1 may enlarge or intensify its current service station operations provided the station receives cConditional uUse authorization approval for such enlargement or intensification under Section 303 of this Code. Conditional Use authorizations issued pursuant to this Section 187.1 shall not contain termination dates. Planning Commission BOARD OF SUPERVISORS Page 27 (c) Accessory Uses. Parking for car-share vehicles, as defined in Section 166, is permitted as an e4_ccessory uUse, and the addition of car-share vehicle parking shall not constitute an enlargement or intensification of the use, as defined in Subsection (b) abme. SEC. 191. AUTHORIZATION OF TEMPORARY CANNABIS SALES USES. A Grandfathered MCD, as defined in Section 190, that receives a permit to operate as a Medical Cannabis Dispensary from the Department of Public Health before January 1, 2019 shall be deemed a Temporary Cannabis Sales Use, as defined in Section 205.2. Upon expiration of the Temporary Cannabis Sales Use authorization, the land use authorization for the parcel will revert to the original authorization to operate as a Medical 1 O Cannabis Dispensary Use, unless the Planning Department or Planning Commission has issued a permanent authorization for a Cannabis Retail Use. @) This Section 191 shall expire by operation of!aw on January 1, 2020. Upon its expiration, the City Attorney shall cause this Section 191 to be removed from the Planning Code. 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: NC-1 NC-2 NC-3 NC-S * * * * Neighborhood Commercial Districts (NC) General Neighborhood Commercial Districts (Defined in Sec. 702(a)(l)) Neighborhood Commercial Cluster District (Defined in Sec. 710:-J.) Small-Scale Neighborhood Commercial District (Defined in Sec. 71 ld) Moderate-Scale Neighborhood Commercial District (Defined in Sec. 712:-J.) Neighborhood Commercial Shopping Center District (Defined in Sec. 713:-J.) Named Neighborhood Commercial Districts (Defined in Sec. 702(a)(l)) * * * * Planning Commission BOARD OF SUPERVISORS Page 28 Haight Street Neighborhood Commercial District (Defined in Sec. 719) I1lerth Eeaeh ]:,,"leighborhood Gommereial !Jistriet (f)efined in 7-2-1) Japantown Neighborhood Commercial District (Defined in Sec. 721 +4!5) North Beach Neighborhood Commercial District (Defl.ned in Sec. 7222 Polk Street Neighborhood Commercial District (Defined in Sec. 723) * * * * ,Jepantm~ 1n ]'J/eighborhood Gommereial- !Jisff'iet (f)efined in &e. 7-±J) West P orta,l ,f;;enue lkighborhood GemmereieJ Ri!itriet f-Reji:Ned ii~ &e. * * * * 7-29. l-} "NCT District" shall mean any district described fi.s.te-d in Section 702(a2(22 702.1 (!J), including any NCT-1, NCT-2, NCT-3, and any Named Neighborhood Commercial Transit District identified by street or area name; and * * * * SEC. 202.2. LOCATION AND OPERATING CONDITIONS. * * * * (e) Institutional Uses. The Institutional Uses listed below shall be subject to the corresponding conditions: (1) Medical Cannabis Dispensaries. Medical Cannabis Dispensary Uses are required to meet all of the following conditions: * * * * (E) Alcohol shall not be sold or distributed on the premises for on- or off-site consumption; and (F) Upon aeeeptenee ofa eompl-ete appl-ieation for a bcdldingpermit for a },1edieal- Gannabis !Jispensary, the Planning !Jepartment shall eause a notice to be posted on tlw proposed site and shaU cause ·written notice to be sent via US. A1ail to all owners and occupants of properties -P'v'ithin 300 feet ofthe subject lot in the same Assessor's Block and on the block face across Planning Commission BOARD OF SUPERVISORS Page 29 fi'om the subject lot as rFell as to all individuals or groups that have made a written request.for notification regarding specific medical cannabis dispensaries,· (G) All building perm it applications shall be held for a period of30 calendar daysfrom the date of the mailed notice to allow review by residents, occupants, owners of' neighborhoodproperties, and neighborhood groups,· (H) After this 30 day period, the Planning Commission shall schedule a hearing to consider whether to exercise its discretionary re-..de·w powers over the building permit application for a A1edical Cannabis Dispensary. The scheduling and the mailed notice for tiiis hearing shall be processed in accordance ·with Section 312(e) of this Code,· and {fl Any permit issued for a Medical Cannabis Dispensary shall contain the following statement in boldface type: "Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law." * * * * (g) Other Uses. The uses listed helm+· are subject to the corresponding controls: conditions: m An S.E.W. building must meet the following requirements: (4 -i) Each unit may contain only uses principally or conditionally permitted in the subject zoning district, or eOffice uUses fas defined in Sections I 02 and 890.70}; (J1 ii) Any non-accessory rB_etail uUses are subject to any per parcel size controls of the subject zoning district; (C ill) No rB_esidential uUses shall be permitted; Planning Commission BOARD OF SUPERVISORS Page (D w) Each of the units in the building must contain no more than 1,500 gross square feet each; an exception to this rule applies for larger PDR spaces on the ground floor, as described in subsection .(glill(E) below (E. +') An S.E.W. building may contain units larger than 1,500 square feet on the ground floor as long as each such unit contains a principal PDR uUse. For the purposes o.fthis Section, a PDR use is defined in Section 102 of this Code. Such PDR units may be independently accessible from the street. (E w) After the issuance of any certificate of occupancy or completion for the building, any merger, subdivision, expansion, or other change in gGross.fEloor e4_rea of 1 O any unit shall be permitted only as long as the provisions of this subsection~ (D) and (E)L above, are met. (£ -B) S.E.W. units may be established only in new buildings or in buildings for which a first certificate of occupancy or completion was issued after January 19, 2009. (JG) Where permitted, S.E.W. Buildings are exempt from the controls in Section 202. 7 Sec. 230 limiting demolition of industrial buildings. (1. D) S. E.W. projects shall provide a PDR Business Plan in accordance with the requirements of Section 210.3C of this Code. (2 E) In considering the approval of a S.E.W. project, the Planning Commission should consider the likely viability of the new PDR space that the development creates, as influenced by such facts as the content of the project sponsor's PDR Business Plan and whether the project sponsor has the commitments of established PDR tenants and/or a demonstrated relationship with organizations established in the PDR community. * * * * (i) Non-Retail Sales and Service Use; Design Professional. In order to preserve and enhance active commercial frontage in the City's Neighborhood Commercial Districts, a Design Planning Commission BOARD OF SUPERVISORS Page 31 Professional use located on the First Story or below within any Neighborhood Commercial or Neighborhood Commercial Transit District must provide its services to the general public. SEC. 204.5. PARKING AND LOADING AS ACCESSORY USES. In order to be classified as an ed_ccessory uUse, off-street parking and loading shall meet all of the following conditions: (a) Location. Such parking or loading facilities shall be located on the same lot as the structure or use served by them. (For provisions concerning required parking on a separate lot as a pfrincipal or Conditional Use, see Sections 156, 159, 160,_ and 161 of this Code.) (b) Parking Accessory to Dwellings. Unless rented on a monthly basis to serve a Dwelling Unit pursuant to Section 204.5(b)(1), below, accessory parking facilities for any dDwelling in any R District shall be limited, further, to storage of private passenger automobiles, private automobile trailers, boats, bicycle parking and car-share vehicles as permitted by Section 150 and trucks of a rated capacity not exceeding three-quarters of a ton. Notwithstanding any provision of this Code to the contrary, the following shall be permitted as an ed_ccessory uUse: Lease of lawfully existing off-street residential parking spaces by the property owner or manager, for a term of no less than one month, is permitted as follows: (1 A) for use by any resident of a Dwelling Unit located on a different lot within 1,250 feet of such parking space..:_ or (£ E) for use by any resident of a Dwelling Unit located on a different lot within the City and County of San Francisco so long as no more than five spaces are rented to those who live beyond 1,250 feet of such parking space. (c) Parking Exceeding Accessory Amounts. Accessory parking facilities shall include only those facilities that do not exceed the amounts permitted by Section 151 (c) or Planning Commission BOARD OF SUPERVISORS Page 32 Table 151.1. Off-street parking facilities that exceed the accessory amounts shall be classified as a separate use, and may be principally or conditionally permitted as indicated in the Zoning Control Table for the district in which such facilities are located. SEC. 205.2. TEMPORARY USES: ONE- OR TWO-YEAR LIMIT. A temporary use may be authorized for a period not to exceed two years for any of the following uses: * * * * (e) Temporary Cannabis Retail Use for a period of up to one year, as provided by Section 191, to be authorized no earlier than January 1, 2018 and to expire on January 1, 2019. This is the only type o(Temporary Use allowed for the sale of cannabis or cannabis products. SEC. 206.2. DEFINITIONS. * * * * "Restricted Affordable Unit" means a dDwelling uUnit within a Housing Project which will be Affordable to Very Low, Lower or Moderate Income Households, as defined in this Section 206.2 for a minimum of 55 years. Restricted Affordable Units shall meet all of the requirements of Government Code 65915, except that Restricted Affordable Units that are ownership units shall not be restricted using an equity sharing agreement...:.: * * * * SEC. 206.3. HOUSING OPPORTUNITIES MEAN EQUITY - SAN FRANCISCO PROGRAM. * * * * (c) HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section 206.3, a HOME-SF Project must meet all of the following requirements: * * * * Planning Commission BOARD OF SUPERVISORS Page (3) All HOME-SF units shall be no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017. In addition, notwithstanding any other provision of this Code, HOME-SF projects shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units, including at least 10% three bedroom units, or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the HOME-SF Project are provided in units with more than one bedroom. Larger units should be distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Units with two or three bedrooms are encouraged to incorporate family friendly amenities. Family friendly amenities shall include, but are not 1 O limited to, bathtubs, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children. HOME-SF Projects are not eligible to modify this requirement under Planning Code Section 303(t) 328 or any other provision of this Code; * * * * (5) Includes at the ground floor level active uses, as defined in Section 145.1, at the same square footages as any neighborhood commercial uses demolished or removed, unless the Planning Commission has granted an exception under Section 328 303( t)(2)(G). * * * * SEC. 206.4. THE 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM. (a) Purpose and Findings. This Section ~ 206.4 describes the 100 Percent Affordable Housing Bonus Program, or "100 Percent Affordable Housing Program". In addition to the purposes described in Section 206.1, the purpose of the 100 Percent Affordable Housing Program is to facilitate the construction and development of projects in which all of the residential units are affordable to Low and Very-Low Income Households. Projects pursuing a development bonus under this 100 Percent Affordable Program would exceed the City's shared Proposition K housing goals that 50% of new housing constructed or Planning Commission BOARD OF SUPERVISORS Page rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households. (b) Applicability. A 100 Percent Affordable Housing Bonus Project under this Section ~ 206. 4 shall be a Housing Project that: (1) contains three or more Residential Units, as defined in Section 102, not including any additional units permitted though this Section~ 206.4 through a density bonus; * * * * SEC. 206.5. STATE RESIDENTIAL DENSITY BONUS PROGRAM: ANALYZED. * * * * (b) Applicability. (1) A Housing Project that meets all of the requirements of this subsection (b )( 1) or is a Senior Housing Project meeting the criteria of (b )(2) shall be an Analyzed State Density Bonus Project or an "Analyzed Project" for purposes of Section~ 206_et seq. A Housing Project that does not meet all of the requirements of this subsection (b), but seeks a density bonus under State law may apply for a density bonus under Section 206.6 as an Individually Requested State Density Bonus Project. To qualify for the Analyzed State Density Bonus Program a Housing Project must meet all of the following: * * * * (C) for projects located in Neighborhood Commercial Districts is not seeking to merge lots that result in more than 125 linear feet in lot frontage on any one street; * * * * SEC. 206.6. STATE DENSITY BONUS PROGRAM: INDIVIDUALLY REQUESTED. * * * * (c) Development Bonuses. Any Individually Requested Density Bonus Project shall, at the project sponsor's request, receive any or all of the following: Planning Commission BOARD OF SUPERVISORS Page 35 (1) Density Bonus. Individually Requested Projects that provide On-site lnclusionary Housing Units or Restricted Affordable Units shall receive a density bonus as described in Table 206.6A as follows: * * * * (H) Certain other types of development activities are specifically eligible for a development bonuses pursuant to State law, including land donation under Government Code Section 65915(g), condominium conversions under Government Code Section 65915.5 and qualifying mobile home parks under Government Code Section 65915(b)(1)(C). Such projects shall be considered Individually Requested State Density Bonus Projects. * * * * SEC. 206.8. AFFORDABLE HOUSING BONUS PROGRAM EVALUATION. * * * * (d) Program Evaluation and Update. (1) Purpose and Contents. Every five years, beginning five years from March 22, 2015, the Department shall prepare a Program Evaluation and Update. The Program Evaluation and Update shall include an analysis of the Bonus Programs' effectiveness as it relates to City policy goals including, but not limited to Proposition K (November 2014) and the Housing Element. The Program Evaluation and Update shall include a review of all of the following: * * * * (E) Review of the process for considering projects under the Bonus Program, including a review of Section 328, the appeal process, Section 303-(lj and other relevant process considerations. * * * * Planning Commission BOARD OF SUPERVISORS Page 36 SEC. 207. DWELLING UNIT DENSITY LIMITS. * * * * (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances: * * * * (6) Accessory Dwelling Units in Existing Single-Family Homes. * * * * (B) Lots Zoned for Single-Family or Multifamily Use and Containing an Existing Single-Family Home; Controls on Construction. An Accessory 1 O Dwelling Unit located in a residential zoning district and constructed pursuant to this subsection (c)(6) shall meet all of the following: (i) The ADU will strictly meet the requirements set forth in this subsection (c)(6)@G) without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G. * * * * (C) Permit Application Review and Approval. Except as authorized by subsections (c)(6)(B)(v) and (vi), the Department shall approve an application for a permit to construct an Accessory Dwelling Unit within 120 days from receipt of the complete application, without modification or disapproval, if the proposed construction fully complies with the requirements set forth in subsection (c)(6)@ G). * * * * SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Planning Commission BOARD OF SUPERVISORS Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Page 37 Residential Density, Dwelling Units (7) * * * * Retail Sales and Service Uses* Hotel A1obile F'ood Facility Mortuary * * * * § 207 * * * * § 102 § 102 §--14± § 102 3 units per lot or .Yyp to one unit .t urn per per square feet square of lot area. feet of unit per square feet of lot area. lot area. 3 units per lot or YHP to one unit per 200 square feet of lot area. (8) * * * * **** **** **** NP NP NP NP c (4) c (4) c (4) c (4) c (5) c (5) c (5) c (5) SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Z'loning I § · ~ RC-3 RC'-4 ! • Catego!"Y References , * * * * Planning Commission BOARD OF SUPERVISORS Page Residential Density, Dwelling Units (7) * * * * Residential Density, Group Housing * * * * § 207 * * * * § 208 * * * * 3 units per lot or .Yyp to one unit per 400 square feet of lot area. * * * * f_ .YMP to one bedroom for every 140 square feet of lot area. (9) * * * * NON-RESIDENTIAL STANDARDS AND USES 3 units per lot or .Yl{p to one unit per 200 square feet of lot area. No density limits in the Van Ness SUD (§ 243). (8) * * * * f_ .YMP to one bedroom for every 70 square feet of lot area. (9) * * * * ~ ~ ----- - ~~- ~~--~ 40:,_ ~-~~- "".'. -- ,,__ - - ~::~ - ~ -~~~~~ -::: - -"""'~~ ~ D~evelopment Stanaarras_ --- -~--= ~~ -~- _ > _ -~- ~ - ~ ~ ~ _ - ~ ~-- -~ __ - -~~ ~ _ ~--22C-~~C-22ci£?=.iL2b~~~o:/"~- ~ - _ _ - ~- - ~- ~~_:;:;- ~,,,....=,.".';-~~-~- _ - ~ ~ _ - _ -- _ - - _ _ ~ --- -- Floor Area 4.8 to 1. Other FAR controls apply Ratio §§102,123,124 3.6 to 1 in the Van Ness SUD; §.J--# 243(c)(I) * * * * * * * * * * * * * * * * SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. These districts serve several functions. They provide convenience goods and services to Residential areas of the City, both in outlying sections and in closer-in, more densely built communities. In addition, some C-2 Districts provide comparison shopping goods and services on a general or specialized basis to a Citywide or a regional market area, complementing the main area for such types of trade in downtown San Francisco. The extent of these districts varies from smaller clusters of stores to larger concentrated areas, including both shopping centers and strip developments along major thoroughfares, and in each case Planning Commission BOARD OF SUPERVISORS Page 39 the character and intensity of commercial development are intended to be consistent with the character of other uses in the adjacent areas. As in C 1 Districts, tihe emphasis in C-2 Districts is upon compatible retail uses, but the district also allows a wider variety of goods and services is included to suit the longer-term needs of customers and a greater latitude is given for the provision of automobile-oriented uses. Table210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS Entertainment and Recreation Uses* Entertainment, Outdoor * * * * § 102 p * * * * * * * * SEC. 210.3C. ALLOWANCE FOR USES TO SUPPORT THE DEVELOPMENT OF NEW PDR SPACE IN THE PDR-1-D AND PDR-1-G DISTRICTS. * * * * (c) Controls. The Planning Commission may permit, per the procedures described below in S~ubsection (d), non-PDR uses on the subject lot pursuant to the following provisions: (1) At least 1-IJ one-third of the total Gross Floor Area developed on the parcel shall contain PDR Uses, as defined in Section 102. Planning Commission BOARD OF SUPERVISORS Page 40 (2) For purposes of this S~ubsection fjJ_, every square foot of Small Enterprise Workspace, as defined in &ction 102, shall count as 0.5 square feet of PDR space and 0.5 square feet of non-PDR space as specified in S~ubsection fjJ_(3) below. (3) The non-PDR space may contain one or a combination of the following uses: (A) Office Uses, as defined in &ction 102; (B) Institutional Uses, as defined in &ction 102, except for Hospitals; and/or (4) (C) Gym Yy_se, as defined in Section 102. Uses other than those listed in S~ubsections fjJ_(2) and fjJ_(3) above, such as ,.Retail, are subject to the controls of the underlying district. (5) No ,.Residential uUses are permitted, even as part of an Institutional Use Institutions as defined under &ction 890.50, except as allowed as Accessory Uses pursuant to Section 204.4. * * * * * * * * (8) Accessory parking for uUses listed in subsection fjJ_(2) above may be permitted up to one space per each 1,500 square feet of eOccupiedfEloor a4_rea, and all such parking shall be subject to the pricing requirements of Section 155(g). * * * * (d) Referral to OEWD. Upon receiving an application for a project under this Section 210.3C, the Planning Department shall inform the Director of the Office of Economic and Workforce Development (OEWD) or successor agency, so that OEWD may inform the project sponsor of existing programs and requirements relevant to PDR businesses, including any existing economic incentive and hiring programs. Planning Commission BOARD OF SUPERVISORS Page 41 (e) Approvals. * * * * (2) A Notice of Special Restriction ("NSR") shall be recorded on the title of any property receiving approval under this Section 210.3C ~.Such NSR shall: * * * * (B) State that the proportion of gGross fEloor ed,rea on the site dedicated to PDR uses shall never be less than m one-third of the total gGross JEloor ed,rea on the parcel, including any future building or use alterations or expansions; * * * * SEC. 211.1. PRINCIPAL USES PERMITTED, P DISTRICTS. The following uses are principally permitted in all P Districts when found to be in conformity with the General Plan: * * * * (c) Accessory nonpublic uses, which in P Districts may or may not be related to the p£.rincipal uUse, provided that they meet the following standards: (1) If the accessory nonpublic use is located on a lot with an OS Height and Bulk designation per Section 290 of this Code, it shall occupy a de minimis amount of space so that it does not detract from the lot's principal or exclusive purpose as open space. In no case may accessory nonpublic uses occupy more than one-third m of the total lot area occupied by the principle Principal uUse; * * * * SEC. 249.36. LIFE SCIENCE AND MEDICAL SPECIAL USE DISTRICT. * * * * (c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, except as otherwise provided in this Section 249.36: Planning Commission BOARD OF SUPERVISORS Page 42 (1) Medical Services. Medical services, including medical offices and clinics, as defined in Section 890.114, are a p£.rincipally p£.ermitted uUse and are exempted from use size limitations, PDR replacement requirements (Sec. 202. 7 :2-JO), and vertical (floor-by-floor) zoning controls (Sec. 803.9(h)). For the purposes of this Section, a medical service use may be affiliated with a hospital or medical center as defined in 890.44. (2) Life Science Offices. Office uses that contain Life Science facilities, as defined in Section 890.53, are a p£.rincipally pf_ermitted uUse and are exempted from use size limitations, PDR replacement requirements (Sec. 202. 7 :2-JO), and vertical (floor-by-floor) zoning controls (Sec. 210.3C ti-9-:-1- and 803.9(h)). (3) Life Science Laboratories. Laboratories that engage in life science research and development, as defined in Section 890.52, are a p£.rincipally pf_ermitted uUse and are exempted from use size limitation~, PDR replacement requirements (Sec. 202. 7 :2-JO), and vertical (floor-by-floor) zoning controls (Sec. 210.3C ti-9-:-1- and 803.9(h)). SEC. 249.45. VISITACION VALLEY/SCHLAGE LOCK SPECIAL USE DISTRICT. * * * * (e) Controls in Zone 1. Development in Zone 1 of the Special Use District shall be regulated by the controls contained in this Section 249.45(e) and the Design for Development. Where not explicitly superseded by definitions and controls established in this Section 249.45(e) or the Design for Development, the definitions and controls in this Planning Code shall apply except where those controls conflict with the Development Agreement. The following shall apply only in Zone 1 of the Special Use District: * * * * (2) Use Requirements. * * * * Planning Commission BOARD OF SUPERVISORS Page 43 (B) Formula Retail Uses. Formula FE_etail uses as defined in Section 303.1 ~'except those uses set forth in subsection 249.45(e)(2)(C) below, shall be principally permitted subject to the following requirements: * * * * (6) Building Standards. (A) Vertical Control for Office. Vertical floor controls for office set forth in Section 803.9 shall not apply in existing buildings on the site. (B) Height. Height of a building or structure shall be defined, measured, and regulated as provided for in Sections 102-:-1-2- and 260 where applicable, and as 1 O below in the following scenarios: (i) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, the measurement point shall be taken at the back of sidewalk level on such a street. The plane determined by the vertical distance at such point may be considered the height limit at the opposite (lower) end of the lot, provided the change in grade does not enable an additional story of development at the downhill property line. This takes precedence over Section 260(a){J){B) J02.12(b). (ii) Where the change in grade does enable an additional floor of development, height must be measured from the opposite (lower) end of the lot, as specified in Section 102.12(c). (iii) Where there is conflict with Section 102-:-1-2- or Section 260 the Code, the requirements of this Special Use District shall apply. * * * * SEC. 249.52. TREASURE ISLANDNERBA BUENA ISLAND SPECIAL USE DISTRICT. * * * * Planning Commission BOARD OF SUPERVISORS Page 44 (e) Development Controls. Development and uses of property within this Special Use District shall be regulated by the controls contained herein and in the Design for Development, provided, however, that if there is any inconsistency between this Special Use District and the Design for Development, this Special Use District shall control. * * * * (2) Uses. The uses listed in Figure 3 are permitted in this Special Use District as indicated by the following symbols in the respective column for each district: (i) P - permitted as a pE_rincipal ttUse in this zoning designation; (ii) IC - subject to approval as an Island Conditional Use pursuant to the procedures set forth in subsection (h) below; (iii) blank 1 O - not permitted in this zoning designation. Figure 3: Treasure Island and Verba Buena Island Permitted Uses Land Use * * * * TI- R TI- MU TI- OS Zone TI- PCI Retail Sales and Services **** 32. Retail, Restaurants, Kiosks, Pushcarts, and other uses* **** **** **** **** p p P=Permitted Use; IC= Island Conditional Use Permit Required; * and/or t = See Comments *Uses accessory to and supportive of recreation and open space uses, consistent with the Open Space Area standards and guidelines set forth in Chapter ±1- YI of the Treasure Island/Y erba Buena Island Design for Development document **** **** **** **** **** **** * * * * Parking **** **** **** **** **** **** Planning Commission BOARD OF SUPERVISORS Page 45 tLimited to the storage of private passenger automobiles belonging to Treasure Island residents, 55. visitors, and workers, and meeting the siting and Community p p IC design requirements, car-share requirements, and garagest otherwise complying with the provisions of Chapter U Y6 of the Treasure Island/Yerba Buena Island Design for Development document 56. tOff-street parking, either surface or structured, that is Accessory accessory to a permitted or special use, subject to the p p p requirements of Chapter U Y6 of the Design for Parking Development document, in terms of location and Facilitiest quantity **** **** **** **** **** **** * * * * Civic, Public, Open Space, and Public Service Uses **** **** **** **** **** **** 69. Open tFor support of open space program on -tireasure Island and Y erba Buena Island, and compliant to the space p IC standards and guidelines for each specific open space Maintenance Facilityt area listed in Chapter ++ YI of the Design for Development document 70. *See Open Space Chapter++ YI of Design for Playground P* p p p Development document for programming and size standards 71. Public *See Open Space Chapter++ YI of Design for Parks P* p p p Development document for programming and size standards **** **** **** **** **** **** 77. Wireless Telecom- tSee Building Design Chapter~ Y5 of the Design for munications p p p p Services Development document for placement standards Facilityt **** **** **** **** **** **** * * * * Planning Commission BOARD OF SUPERVISORS Page 46 (g) Review and Approval of Vertical Development. * * * * (4) Schematic Design Document Applications under Planning Commission Jurisdiction. * * * * (E) Public Hearing for Large Projects. Prior to decision by the Director of Planning Director pursuant to Subsection (g)(4)(C) above, each project subject to the below criteria shall be presented at a regularly scheduled hearing of the Planning Commission. Such hearing shall be calendared within 30 days after the application is 1 O complete or deemed complete. If a public hearing is required under subsection (g)(4)(D) and this S~ubsection (g)(4)(E), the Planning Commission shall jointly calendar and hear both items, to take action on the Major Modification and to provide comment only on the project design. The Director of Planning shall consider all comments from the public and the Planning Commission in making his or her decision to approve, conditionally approve, or disapprove the project design. Criteria necessitating public hearing are as follows: (i) The project includes the construction of a new building greater than 70 feet in height, or includes a vertical addition to an existing building resulting in a total building height greater than 70 feet; or (ii) The project involves a net addition or new construction of more than 25,000 gross square feet of commercial space. * * * * SEC. 249.59. CALLE 24 SPECIAL USE DISTRICT. * * * * (d) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within the Calle 24 Special Use District: Planning Commission BOARD OF SUPERVISORS Page 47 * * * * (2) Conditional Use Authorization. The following, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303: * * * * (C) A. First Story Health },1edical Service Yy_se as defined in Section 790. I I 4. * * * * SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT. * * * * (d) Good Neighbor Policies. The operating conditions established in Section 202.2 of this Code shall apply to all liquor establishments in this SUD in order to maintain the safety and cleanliness of the premises and vicinity. In addition, all new, relocated, or expanded liquor establishments, and any liquor establishment with a license referred for review to the Planning Department by the State of California Department of Alcohol Beverage Control, shall comply with the requirements set forth below. Liquor establishment shall have the meaning set forth in subsection (c) above. * * * * (2) No more than 33% percent of the square footage of the windows and clear doors of the liquor establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner than ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the Planning Commission BOARD OF SUPERVISORS Page 48 premises. Street facing facades shall maintain at least 50~clear and visually- permeable glazing. For any use authorized pursuant to a Conditional Use authorization after the effective date of Ordinance No. 143-14 repeated violations of the Good Neighbor Policies set forth in this &subsection @, of the operating conditions set forth in Section 202.2 :mB of this Code, or of any conditions associated with a Condition of Approval shall require a hearing at the Planning Commission to consider revocation of the Conditional Use authorization. * * * * SEC. 249.62. THIRD STREET ALCOHOL RESTRICTED USE DISTRICT. * * * * (c) Definitions. "Liquor establishment" shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license. "Off-sale liquor establishment" shall mean any Liquor Store use as establishment that is defined in Section 102 790.55 of this Code. "Prohibited liquor establishment" shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Third Street Alcohol RUD and licensed by the State of California for the retail sale of alcoholic beverages for on- or off-site consumption, so long as otherwise lawful. * * * * SEC. 249.65. BAYSHORE BOULEVARD HOME IMPROVEMENT SPECIAL USE DISTRICT. * * * * Planning Commission BOARD OF SUPERVISORS Page 49 (c) Controls. The following controls shall apply in the Bayshore Boulevard Home Improvement Special Use District: * * * * (5) The provisions set forth in Section 202. 7 ~of this Code, which relate to demolition of industrial buildings in PDR districts, shall not apply. (6) flt The requirements for street trees set forth in Section 428 of this Code shall apply. Formula retail uses as defined in Section 303.1 of this Code that are 10,000 square feet or larger shall be subject to the Redevelopment Agency's Bayview Hunters Point "Employment and Contracting Policy." * * * * SEC. 249.70. CENTRAL SUBWAY TUNNEL BORING MACHINE EXTRACTION SITE SPECIAL USE DISTRICT. * * * * (b) Controls. All otherwise applicable provisions of the Planning Code shall apply to this Special Use District, except as specifically provided in this Section 249.70: * * * * (8) Height and Bulk. The height and bulk applicable to this Special Use District shall be 55-X, provided, however, that in no case shall the height of any new structure exceed the height of the existing Pagoda Palace structure. For purposes of measurement of height in this District, the height of a projecting business sign shall be exempt, provided that such sign is the reconstruction or rehabilitation of an existing projecting movie theater blade sign as provided in Section subsection (k)(9) herein. Prior to demolition of the existing structure, the owner or owners authorized agent shall prepare and submit to the Planning Department a detailed survey, including elevations and sections, which accurately dimension the height of the existing theater building, including the heights of all rooftop features. Planning Commission BOARD OF SUPERVISORS Page 50 * * * * SEC. 249.73. JEWISH HOME OF SAN FRANCISCO SPECIAL USE DISTRICT. A Special Use District entitled the Jewish Home of San Francisco Special Use District ("District"), the boundaries of which are shown on Special Use District Map SUI I {}J-1- of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set out below. * * * * (b) Controls. Applicable provisions of the Planning Code shall apply except as otherwise provided in this Section 249.73. In the event of a conflict between other provisions 1 O of the Planning Code and this District, this Section 249.73 shall control. (1) Accessory Uses. In this District, exceptions from otherwise applicable requirements of the Planning Code may be appropriate to further the goals set forth in this Section 249.73. Accessory uses within this District shall be governed by Planning Code Section 703(d) 703.2(b)(l)(C). Outpatient services, acute care psychiatric hospital uses, and all other uses listed in Section 249.73(a)(2) shall be permitted as e4_ccessory uUses and may be made available to non-resident seniors. * * * * SEC. 249.74. FIFTH AND MISSION SPECIAL USE DISTRICT. * * * * (d) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section and the Design for Development. In the event of a conflict between other provisions of the Planning Code, the Design for Development, or this District, the provisions of this District shall control. * * * * Planning Commission BOARD OF SUPERVISORS Page 51 (2) Additional Conditional Uses. In addition to the Ceonditional Uuse requirements of the C-3-S district, the following uses shall require Ceonditional Uuse authorization: (A) Those uses identified in Planning Code Section 249.40A(c)(1)(A)(i) through (iv) and 249.40A(c)(1)(A)(vi) through (x), but excepting Restaurant uses as defined in Planning Code Section 790.91; and (B) Formula Retail uses, consistent with the requirements of Planning Code Section 303.1. * * * * SEC. 249.75. SUNNYDALE HOPE SF SPECIAL USE DISTRICT. * * * * (c) Development Controls. The controls contained in the Design Standards and Guidelines shall regulate development in the Sunnydale HOPE SF Special Use District, except for those controls specifically enumerated in this Section 249.75. Where not explicitly superseded by definitions established in the Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 of the Planning Code shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement. The Planning Commission may amend the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or any party to the Development Agreement, to the extent that such amendments are consistent with this Special Use District, the General Plan, and the Development Agreement. The Zoning Administrator may approve minor amendments to the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized Planning Commission BOARD OF SUPERVISORS Page 52 agent), or any party to the Development Agreement. For the purposes of this subsection (c), "minor amendments" shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the Design Standards and Guidelines and are consistent with the intent of the Design Standards and Guidelines, this Special Use District, the General Plan, and the Development Agreement. * * * * (2) Uses. (A) Permitted Uses. In addition to the uses permitted in the RM-1 district, those uses that are principally or conditionally permitted in a Small-Scale 1 O Neighborhood Commercial District (NC-2) use district shall be permitted in this Special Use District to the same extent as in a NC-2 district; provided, however, that lL.iquor sStores and mMedical eCannabis dDispensaries shall not be permitted in this Special Use District and that Conditional Use size thresholds for Non-Residential Uses in an NC-2 District pursuant to Planning Code Section 711.21 shall not apply to Institutional and Health Service A1edical y_t!ses, Large Institutions, Small Institutions, Public Uses. Public Facility t!y_ses shall be principally permitted. (B) Ground Floor Uses. Notwithstanding anything in this Section 249.75 to the contrary, "active uses" as defined in Section 145.1 (b)(2) or Health Service uses }.1edical Services as defined in Section 790.114 shall be required at the ground floor frontages along the west side of Hahn Street between Sunnydale Avenue and Center Street, as identified in the Development Agreement, and the south side of Sunnydale Avenue between Hahn Street and A Street, as identified in the Development Agreement; provided, however, that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units. * * * * Planning Commission BOARD OF SUPERVISORS Page SEC. 249.76. POTRERO HOPE SF SPECIAL USE DISTRICT. * * * * (c) Development Controls. The controls contained in the Design Standards and Guidelines shall regulate development in the Potrero HOPE SF Special Use District, except for those controls specifically enumerated in this Section 249.76. Where not explicitly superseded by definitions established in the Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 of the Planning Code shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement. The Planning Commission may 1 O amend the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or by any Party to the Development Agreement, to the extent that such amendments are consistent with this Special Use District, the General Plan, and the Development Agreement. The Zoning Administrator may approve minor amendments to the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or by any Party to the Development Agreement. For the purposes of this subsection ( c), "minor amendments" shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the Design Standards and Guidelines and are consistent with the intent of the Design Standards and Guidelines, this Special Use District, the General Plan, and the Development Agreement. (2) Uses. (A) Permitted Uses. In addition to the uses permitted in the RM-2 district, those uses that are principally or conditionally permitted in a Small-Scale Neighborhood Commercial District (NC-2) use district shall be permitted in this Special Use Planning Commission BOARD OF SUPERVISORS Page 54 District to the same extent as in a NC-2 district; provided, however, that l[,_iquor sStores and mMedical eCannabis dDispensaries shall not be permitted in this Special Use District and that Conditional Use size thresholds for Non-Residential Uses in an NC-2 District pursuant to Planning Code Section 711.21 shall not apply to Institutional and Health Service },1edical .ffy_ses, Large Institutions, Small Institutions, Public Uses. Public Facility .ffy_ses shall be principally permitted. (B) Ground Floor Uses. Notwithstanding anything in this Section 249.76 to the contrary, "active uses" as defined in Section 145.1(b)(2) or Health Service uses M-edical Services as defined in Section 790.114 shall be required at the ground floor frontages on 24th Street between Arkansas Street and Missouri Street; provided, however, 1 O that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units. * * * * (e) Project Review and Approval. * * * * (4) Approvals and Public Hearings. * * * * (C) Notice of Hearings. The Department shall provide notice of hearings required by subsections (A) and (B) above as follows: (i) mail notice to the project applicant, property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing w; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing. * * * * Planning Commission BOARD OF SUPERVISORS Page 55 , (10) Interim Uses. An interim use may be authorized by the Planning Director, pursuant to the Design Review procedures outlined in subcction subsection (e)(3) of this Special Use District for a period not to exceed 5 years, if the Director finds that such use: (A) will not impede orderly development within the Special Use District; (B) is consistent with intent Special Use District and Development Agreement; and (C) would not pose a nuisance to surrounding residential uses. In addition to those uses set forth in Section 205, such interim uses may include, but are not limited to: farmers' markets; arts or concert uses; and rental or sales offices incidental to new development. Temporary or semi-temporary structures may be permitted under this subsection (10) for resident-serving community facilities such as wellness 1 O centers, or other improvements intended to facilitate phased development of the Project. An authorization granted pursuant to this subsection (10) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only if the Planning Director approves the action after receiving a new application. SEC. 249.79 PIER 70 SPECIAL USE DISTRICT. * * * * (g) Uses. * * * * (5) * * * * Ground Floor Frontages. (D) Retail and Service Frontages. To embed a broader set of active uses elsewhere on the site, including community facilities and personal services, Retail and Service Frontages shall occur along the northern and southern waterfront edge, as well as along the 200-foot portion of Parcel C1 facing Orton Plaza and on key gateways into the site from Illinois Street and corners adjacent to the Maryland Street corridor between 21st and 22nd Streets, as shown in Figure 1. Specified frontage zones shall be limited to the Priority Planning Commission BOARD OF SUPERVISORS Page 56 Retail uses listed in subsection 249.79(g)(5)(A) plus the following additional uses (each, a "Priority Service Use") for a minimum of 50% of the shaded Retail and Services frontage zone identified in Figure 1: (i) Health Services; (ii) Financial Services; (iii) Retail Professional Services; (iv) Institutional Use; and (v) Non-Retail Sales and Service Use; (vii) For Parcel C1 only, small Offices up to 5,000 square feet; (viii) For Parcel C1 only, ground floor residential may qualify as a permitted active use to meet this requirement if the building is 100% percent affordable housing. SEC. 303.1. FORMULA RETAIL USES. (c) "Retail Sales or Service Activity or Retail Sales or Service Establishment." For the purposes of this Section 303.1, a retail sales or service activity or retail sales or service establishment shall include the following uses whether functioning as a pfrincipal or ed_ccessory uUse, as defined in Articles 1, 2, 7, and 8 of this Code: * * * * - Service, Personal §§ 102'- :-890.116 * * * * (f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the following zoning districts: (1) Hayes-Gough Neighborhood Commercial Transit District; (2) North Beach Neighborhood Commercial District; (3) Chinatown Visitor Retail District; Planning Commission BOARD OF SUPERVISORS Page 57 (4) Upper Fillmore District does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as defined in Sections 790.90 and 790.91; (5) Broadway Neighborhood Commercial District does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as d~fined in Sccti01qs 790.90 and 790.91; (6) Mission Street Formula Retail Restaurant Subdistrict does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as defined in Sections 790. 90 and 790. 9 J; (7) Geary Boulevard Formula Retail Pet Supply Store and Formula Retail 1 O Eating and Drinking Subdistrict does not permit Formula Retail uses that are also either a Retail Pet Supply Store or an Eating and Drinking use as set forth in Section 781.4; (8) Taraval Street Restaurant Subdistrict does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as defined in Sections 790.90 and 790.91; (9) Chinatown Mixed Use Districts do not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as defined in Sections 790.90 and 790.91. * * * * U) Change of Use. Changes of Formula Retail establishments are generally described below, except that a change of a Formula Retail use that is also a nonconforming use pursuant to Section 182 is prohibited. In all other instances, changes of Formula Retail establishments from one use category to another, including a change from one use to another within the sub-categories of uses set forth in the definition of Retail Sales and Services in Section 102 and in Section 890.102 for Mixed Use Districts, require a new Conditional Use authorization as a new Formula Retail use. Changes of Formula Retail owner or operator within the same use category that are determined to be an enlargement or intensification of use pursuant to subsection 178(c) are required to obtain Conditional Use authorization and Planning Commission BOARD OF SUPERVISORS Page shall meet the Commission's adopted Performance-Based Design Guidelines for Formula Retail. In cases determined not to be an enlargement or intensification of use, the Performance-Based Design Guidelines for Formula Retail may be applied and approved administratively by the Planning Department, unless the applicant requests a Conditional Use hearing at the Planning Commission. The applicant shall also pay an administrative fee to compensate Planning Department and City staff for its time reviewing the project under this subsection U), as set forth in Section 360 of this Code. SEC. 308.1. APPEALS: AMENDMENTS TO THE PLANNING CODE AND CONDITIONAL USES. (a) Right of Appeal. The action of the Planning Commission, in disapproving in whole or in part an amendment to the Planning Code initiated by application as described in Section 302 and Sections 306 through 306.5, or in approving or disapproving in whole or in part an application for Conditional Use authorization as described in Sections 303 and 304 and Sections 306 through 306.5 of this Code, shall be subject to appeal to the Board of Supervisors in accordance with this Section. An action of the Commission so appealed from shall not become effective unless and until approved by the Board of Supervisors in accordance with this Section. * * * * SEC. 312. PERMIT REVIE'.''.' PROCEDURES FOR ALL NC AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS AND FOR CANNABIS RETAIL AND MEDICAL CANNABIS DISPENSARY USES IN ALL NON RESIDENTIAL ZONING DISTRICTS. * * * * (c) Changes of Use. Planning Commission BOARD OF SUPERVISORS Page 59 (1) NC Districts. In NC Districts, all building permit applications for a change of use to, or the establishment of, the follovving uses shall be subject to the provisions of subsection 312(d) except as stated belmv: * * * * Child Care Facility * * * * Hmvever, a change of use from a Restaurant to a Limited Restaurant shall not be subject to the provisions of subsection 312(d). In addition, any accessory massage use in the Ocean /\venue Neighborhood Commercial Transit District shall be subject to the provisions of subsection 312(d). * * * * SEC. 342.1. DEFINITIONS. As used in these Sections 342 to 342.10, "Medical Use" shall mean a use as defined in Sections 790.114, 790. 44, 890.114, or 890.44, of this Code or a Hospital or Health Service use as defined in Section 102 of this Code, excluding any housing operated by a medical provider or any massage use. SEC. 401. DEFINITIONS. In addition to the specific definitions set forth in Section 102 ofthis Code and elsewhere in this Article, the following definitions shall govern interpretation of this Article: * * * * "Board" or "Board ofSupervisors. "As defined in Section 102. * * * * "Change of Use." A change of gGrossjEloor a<l_rea from one category of use to another category of use listed in the use table for the zoning district of the subject lot. "Child care facility. "As defined in Section 102. Planning Commission BOARD OF SUPERVISORS Page 60 * * * * "City" or "San Francisco." As defined in Section 102. "Commission" or "Planning Commission." As defined in Section 102. * * * * "Community facilities. "As defined in Section 102. "Condition(s) of approval. "As defined in Section 102. * * * * "DBI" As defined in Section I 02. * * * * "Department" or "Planning Department." As defined in Section 102. "Designated affordable housing zones." For the purposes of implementing the Eastern Neighborhoods Public Benefits Fund, shall mean the Mission Street NCT defined in Section 754 -H--6 and those Mixed Use Residential Districts defined in Section 841 that are located within the boundaries of either the East SoMa or Western SoMa Plan Areas. * * * * "Development impact fee." As defined in Section 102. * * * * "Director. "As defined in Section 102. * * * * "DP W "As defined in Section 102. * * * * "Hotel" or "Hotel Nse. "Space within a strNctNre or portion thereo.fintendcd or primarily sNitable for or accessory to the operation ofa Hotel uses as defined in Code Section I 02, regardless o.fthe zoning district that the use is located in. * * * * Planning Commission BOARD OF SUPERVISORS Page 61 "Housing project." Any development which includes fl FB.esidential uUse as defined in Planning Gede Section 102 ofthis Code, including but not limited to Dwellings, Group Housing, Single Room Occupancy Units, independent living units, and other forms of development which are intended to provide long-term housing to individuals and households. "Housing project" shall not include that portion of a development that qualifies as an Institutional Use under the Planning Code. "Housing project" for purposes of the lnclusionary Housing Program shall also include the development of.ZL_ive/wWork units as defined by Section 102.13 ofthis Code. Housing project for purposes of the lnclusionary Housing Program shall mean all phases or elements of a multi-phase or multiple lot residential development. * * * * "In Kind Agreement. "As defined in Section 102. * * * * "In lieu fee. "As defined in Section 102. * * * * "Licensed Child Care Facility. "As defined in Section 102. * * * * "Live/workpr&ject. "A housing project containing more than one live/work unit. "Livehrnrk unit" shall be as defined in Section 102.13 of this Code. "Long term housing. "As defined in Section 102. * * * * "Management, Information and Professional Services (MIPS)." An economic activity category under the TIDF that includes, but is not limited to, eOffice uUse~; medical &jjices and clinics, Health Service uses, as defined in Section 890.114 &}this Code; b~usiness sServices uses, as defined in Section 890.111 &}this Code; Integrated PDR, as defined in Section 890. 49 of this Code, and Small Enterprise Workspaces, as defined in Section 227(t) &}this Code. Planning Commission BOARD OF SUPERVISORS Page 62 * * * * "Medical and Health Services." An economic activity category under the TIDF that includes, but is not limited to, Hospital use and Social Service and Philanthropic Facility uses those non residential uses defined in Sections 209. 3(a) and 217(a) of this Code; and social and charitable services, as defined in Sections 209. 3(d) and 217(d) r>fthis Code. * * * * 111'/\/et addition. "As defined in Section 102. * * * * "}!on residential use. "As defined in Section 102. "1'!otice o.fSpecial Restrictions. "As defined in Section 102. "Office use. "As defined in Section 102. * * * * "Owner Occupied." A qualified-income owner lives in the affordable unit as his or her principle principal residence and resides in the unit for a minimum period of time set forth in the Procedures Manual. "PDR use. "As defined in Section 102. * * * * "Replacement of use." The total amount of gGross JEloor aA,rea, as defined in Section 102:-9 of this Code, to be demolished and reconstructed by a development project. * * * * "Residential use. "As d€7fined in Section 102. "Retail/entertainment." An economic activity category under the TIDF that includes, but is not limited to, a rB.etail uUse, except those Retail Uses which are also PDR Uses; an entertainment use as defined in this section; and mMassage eEstablishments, as defined in Section 102. * * * * Planning Commission BOARD OF SUPERVISORS Page 63 "Small Enterprise Workspace use." As defined in Section 102. * * * * "Student Housing. "As defined in Section 102. * * * * "Use. "As defined in Section 102. * * * * SEC. 413.3. APPLICATION. (a) With the exception of uses listed below in subsection (b), Section~ 413.1 et seq. shall apply to any development project: (1) +that increases by 25,000 or more gross square feet the total amount of any combination of the following uses; entertainment, hotel, Integrated PDR, office, research and development, retail, and/or Small Enterprise Workspace, and (2) Wwhose environmental evaluation application for the development project was filed on or after January 1, 1999. (b) Section~ 413.1et seq. shall not apply to: * * * * (8) Any of the following free-standing uses. For purposes of this Ssubsection {f21@J_, the term "free-standing" shall mean an independent building or structure used exclusively by a single use and any a4_ccessory uUses, and that is not part of a larger development project on the same environmental evaluation application. (A) any free-standing Pharmacy retffll: use, encompassed in the definition of "pharmacy" as proscribed in Section 790. 48(b) of this Code and which does not exceed more than 50,000 square feet of retail or other space; or Planning Commission BOARD OF SUPERVISORS Page 64 (B) any free-standing General Grocery p-e{;fflf use encompassed in the definition of "general grocery" proscribed in Section 790.102(a) of this Code, and which does not exceed more than 75,000 square feet of retail or other space; or (C) any mixed-use space consisting of rB.esidential space and pfharmacy retail space not exceeding 50,000 square feet, or gGeneral gGrocery retail space not exceeding 75,000 square feet. SEC. 415.3. APPLICATION. * * * * (f) Section 415.1et seq., the lnclusionary Housing Program, shall not apply to: * * * * (5) A Student Housing project that meets all of the following criteria: * * * * (D) The owner of the real property and each Post-Secondary Educational Institution or Institutions shall agree to submit annual documentation to MOHCD and the Planning Department, along with the annual monitoring fee, on or before December 31 of each year, which addresses the following: * * * * (iii) The owner of the real property records a Notice of Special Restrictions (NSR) against fee title to the real property on which the Student Housing is located that states the following: * * * * f. The Student Housing project may be inspected by any duly authorized City employee City employee to determine its status as a Student Housing project and its compliance with the requirements of this Code at any time upon at least 24 hours' prior notice to the owner of the real property or to the master lessee. Planning Commission BOARD OF SUPERVISORS Page 65 SEC. 415.6. ON-SITE AFFORDABLE HOUSING ALTERNATIVE. If a project sponsor elects to provide on-site units pursuant to Section 415.5(g), the development project shall meet the following requirements: (a) Number of Units. The number of units constructed on-site shall be as follows: * * * * (4) Notwithstanding the foregoing, Area Median Income limits for Rental Units and Owned Units, the maximum affordable rents or sales price shall be no higher than 20% below median market rents or sales prices for the neighborhood within which the project is located, which shall be defined in accordance with the American Community Survey Neighborhood Profile Boundaries Map. MOHCD shall adjust the allowable rents and sales prices, and the eligible households for such units, accordingly, and such potential readjustment shall be a condition of approval upon project entitlement. The City shall review the updated data on neighborhood rents and sales prices on an annual basis. * * * * SEC. 415.7. OFF-SITE AFFORDABLE HOUSING ALTERNATIVE. If the project sponsor is eligible and elects pursuant to Section 415.5(g) to provide off- site units to satisfy the requirements of Section~ 415.1 et seq., the project sponsor shall notify the Planning Department and the Mayor's Office of Housing and Community Development ("MOHCD") of its intent as early as possible. The Planning Department and MOHCD shall provide an evaluation of the project's compliance with this Section 415.7 prior to approval by the Planning Commission or Planning Department. The development project shall meet the following requirements: * * * * (g) Notwithstanding the provisions of Section 415.7(f) above, a project may use California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% Planning Commission BOARD OF SUPERVISORS Page 66 credits under the Tax Credit Allocation Committee (TCAC) to help fund its obligations under this ordinance as long as the project provides -8-% at least 60% of the off-site affgrdable units as affordable at:}(.)-% 55% of area median income fer &jf-site housing and the balance of the off-site affordable units using these funds at affordability rates that comply with the requirements o[TCAC. CDLAC. and this Section 415. The income table to be used for such projects when the units are priced at:}(.)-% 55% of area median income is the income table used by MOH CD for the lnclusionary Housing Program, not that used by TCAC or CDLAC. Except as provided in this subsection {gl, all units provided under this Section 415. 7 must meet all of the requirements of this ordinance the InclusionaryAffordable Housing Program and the Procedures Manual for off- site housing. * * * * SEC. 423.5. THE EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FUND. * * * * (c) Funds shall be allocated to accounts by improvement type as described below: * * * * (2) Funds collected in Designated Affordable Housing Zones (Mission NCT and MUR Use Districts within the boundaries of either the East SoMa or Western SoMa Area Plans (as defined in Section 401)), shall be allocated to accounts by improvement type as described in Table 423.5A. For funds allocated to affordable housing, MOHCD shall expend the funds as follows: * * * * SEC. 604. PERMITS AND CONFORMITY REQUIRED. (a) Approval of Application. An application for a permit for a sign that conforms to the provisions of this Code shall be approved by the Planning Department without modification or disapproval by the Planning Department or the Planning Commission, Planning Commission BOARD OF SUPERVISORS Page pursuant to the authority vested in them by Section 26 of the Business and Tax Regulations Code or any other provision of said Municipal Code; provided, however, that applications pertaining to (tt 1) signs subject to the regulations set forth in Article 10 of the Planning Code, Preservation of Historical, Architectural and Aesthetic Landmarks, Article 11, Preservation of Buildings and Districts of Architectural, Historical and Aesthetic Importance in the C-3 Districts and Historic Signs and Vintage Signs as defined in Sections 602.9 and 608.14 may be disapproved pursuant to the relevant provisions thereof, and (/J £) preservation, restoration, rehabilitation, or reconstruction of Historic Movie Theater Projecting Signs or Historic Movie Theater Marquees as set forth in Section 188(e) may be modified or disapproved subject to applicable 1 O sections of the General Plan, this Code, relevant design guidelines, Department or Commission policy, or the Secretary of the Interior Standards for the Treatment of Historic Properties. No sign, other than those signs exempted by Section 603 of this Code, shall be erected, placed, replaced, reconstructed or relocated on any property, intensified in illumination or other aspect, or expanded in area or in any dimension except in conformity with Article 6 of this Code. No such erection, placement, replacement, reconstruction, relocation, intensification, or expansion shall be undertaken without a permit having been duly issued therefor, except as specifically provided otherwise in this Section 604. * * * * (i) Business Signs. When the activity for which a business sign has been posted has ceased operation for more than 90 days, all signs pertaining to that business activity shall be removed after that time. A lawfully existing business that is relocating to a new location within 300 feet of its existing location within the North Beach Neighborhood Commercial District described in Sections 702.1 ttnd 722-:± of this Code may move to the new location within said North Beach Neighborhood Commercial District one existing business sign together with its associated sign structure, whether or not the sign is nonconforming in its new location; Planning Commission BOARD OF SUPERVISORS Page 68 provided, however, that the sign is not intensified or expanded in area or in any dimension except in conformity with the provisions of this Code. With the approval of the Zoning Administrator, however, the sign structure may be modified to the extent mandated by the Building Code. In no event may a painted sign or a sign with flashing, blinking, fluctuating or other animated light be relocated unless in conformity with current code requirements applicable to its new location. In addition, the provisions of Articles 10 and 11 of this Code shall apply to the relocation of any sign to a location regulated by the provisions of said Articles. * * * * SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS. * * * * (b) Uses in Enclosed Buildings. All permitted uses shall be conducted within an enclosed building in Neighborhood Commercial Districts, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: uses which, when located outside of a building, qualify as an Outdoor Activity Area or Open Air Sales, accessory off-street parking and loading, and other uses listed below which function primarily as open-air uses, or which may be appropriate if located on an open lot, outside a building, or within a partially enclosed building, subject to other limitations of this Article 7 and other sections of this Code. ~ Wireless Telecommunications Services Facility * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling~ Yn#9 in Rand NC All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Any uUse that does not qualify as an Accessory Use shall be classified as a Principal or Planning Commission BOARD OF SUPERVISORS Page 69 Conditional Use unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE Retail Sales and Service Uses* § 102 P(2)Ql NP NP * * * * * * * * *Not listed below (3) [Note deleted.} TARAVAL STREET RESTAURANT SUBDISTRICT. Applicable onlv for the Taraval Street NC-I District between 40th and 41st Avenues and between 45th and 47th Avenues as mapped on Sectional Maps 5 SU and 6 SU Restaurants and Limited Restaurants are C,· Formula Retail Restaurants and Limited Restaurants are NP. * * * * SEC. 711. NC-2-SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 Planning Commission BOARD OF SUPERVISORS Page 70 ZONING CONTROL TABLE Retail Sales and Service Uses* § 102 p p NP * * * * * * * * * * * * * * * * * * * * Cannabis Retail §§ 102, 202,1.(a) c c NP * * * * * * * * * * * * * * * * * * * * * * (6) FRINGE FINANCIAL SPECIAL USE DISTRICT: The FFSUD and its * nYl 0 ---111rirvTov mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District,:_ the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District; the Divisadero Street Alcohol Restricted Use District; the North Market Residential Special Use District and the Assessor's Blocks and Lots fronting on both sides of Mission Street from Silver Avenue to the Daly City borders as set forth in Special Use District Maps SU11 and SU12; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Within the FFSRUD and its* one-quarter mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the FFSRUD and its one-quarter mile buffer, fringe financial services are P subject to the restrictions set forth in subsection 249.35(c)(3). * * * * SEC. 712. NC-3-MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Planning Commission BOARD OF SUPERVISORS Page 71 Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE * * * * * Not listed below (1) Additional 5 feet for NG-± NC-3 parcels zoned 40' or 50' with an Active Use on the ground floor within the following areas: Geary from Masonic Avenue to 28th Avenue, except for parcels on the north side of Geary Boulevard between Palm Avenue and Parker Avenue, see § 263.20. * * * * (6) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD): The FFSRUD FFSUD and its * one-quarter mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District,:._the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Restricted Use District: the Divisadero Street Neighborhood Commercial District; the North of Market Residential Special Use District and the Assessor's Blocks and Lots fronting on both sides of Mission Street from Silver Avenue to the Daly City borders as set forth in Special Use District Maps SU11 and SU12; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Within the FFSRUD and its * one-quarter mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the FFSRUD and its * one-quarter mile buffer, fringe financial services are P subject to the restrictions set forth in subsection 249.35(c)(3). * * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * *Not listed below Planning Commission BOARD OF SUPERVISORS Page 72 * * * * (5) BROADWAY LIQUOR LICENSES FOR RESTAURANTS Boundaries: Applicable to the Broadway Neighborhood Commercial District. Controls: A Restaurant Use may only add ABC license types 47, 49 or 75 as a Conditional Use on the ground level if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the restaurant is operating as a Bona Fide Eating Place, as defined in Section 790.142 I 02 of this Code. Should a restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation. * * * * SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * *Not listed below * * * * (4) Outdoor Activity Areas are permitted as a Principally Permitted Y Use if they existed prior to 1985. * * * * SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. The Upper Fillmore Street Neighborhood Commercial District is situated in the south- central portion of Pacific Heights. It runs north-south along Fillmore Street from Jackson to Bush and extends west one block along California and Pine Streets. This medium-scaled, multi-purpose commercial district provides convenience goods to its immediate neighborhood as well as comparison shopping goods and services on a specialized basis to a wider trade area. Commercial businesses are active during both day and evening and include a number of bars, restaurants, specialty groceries, and specialty clothing stores. Planning Commission BOARD OF SUPERVISORS Page 73 The Upper Fillmore District controls are designed to protect the existing building scale and promote new mixed-use development which is in character with adjacent buildings. Building standards regulate large lot and use development and protect rear yards above the ground story and at residential levels. Most commercial uses are permitted at the first two stories of new buildings. Special controls are designed to preserve the existing equilibrium of neighborhood-serving convenience and specialty commercial uses. In order to maintain convenience stores and protect adjacent livability, additional bars (unless part of ajitll service restaurant) and formula retail establishments are prohibited, other eating and drinking establishments andselfservice specialtyfoods require cConditional uUse authorization and 1 O ground-story entertainment and financial service uses are limited. In order to promote continuous retail frontage, drive-up and most automobile uses are prohibited. * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Residential Conversion Residential Demolition and Merger Planning Commission BOARD OF SUPERVISORS § 317, 780.3(c)(4) 317780.3(c)(4), §§ 317, 780.3(c)(4) c NP NP c NP NP Page Retail Sales and Service Uses* §§ 102, 202.2(a), 202.3 P(10) * * * * NP * * * * * * * * * * * * * * * * * * * * Trade Shop § 102, 790.124 p c NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * * * * * * * * * Zoning Category § References Controls -[\JQ[\J:.RESIDEl\JTIAC-STAl\JDARDS-AND-oSEs----- ---------------------- --------------- -- - ~~""-~ - ~~g_~ ~ ~ ~~~~'.@'~~~~~~~~47'"""''f?""S~~=~~~ •. 7"''!%"'~::'.''""~""~~~-- ~--::::~-~~~-=o::~'--- ITI>eveloprnernt Stamdaras - __ - ~~-- - _ ~- __ : - - - -_ _ - ___ : -- - ~ - _ "' - - "' -~~ ~ - ~ - ~ - ~ ~ ~ ~ ~ - - J - - * * * * Use Size * * * * Planning Commission BOARD OF SUPERVISORS * * * * §§102, 121.2 * * * * * * * * P up to 1,999 square feet; C 2,000 to 3,999 square feet,· NP 4, 000 and above * * * * Page * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Off-Street Parking Requirements * * * * * * * * §§ 145.1, 150, 151, 153 - 156, 159- 161, 166, 204.5 * * * * Planning Commission BOARD OF SUPERVISORS * * * * No car parking required. Bike parking required per §155.2. If car parking is provided, car share spaces are required when a project has 50 units or more per §166. * * * * Page ~I***_* ----~I***_* ----~l***_* __ ~~I' * * * * Zoning Category § References I Controls SEC. 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT * * * * * * * * Off-Street Parking Requirements * * * * * * * * * * * * A minimum of one car parking space for every Dwelling Unit required. §§ 145.1, 150, 151 , 153 _ Certai~ except.ions per~itted per§ 156 159 _ 161 166 204.5 161. Bike parkm~ re~uired. per§ ' ' ' 155.2. Jfcar parking zs provided, car share spaces are required when a project has 5 0 units or more per § 166. * * * * * * * * * * * * SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Planning Commission BOARD OF SUPERVISORS Page 77 Residential § 102 p p p **** **** **** **** **** SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * Maritime Use § 102 * * * * * * * * * * * * SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Planning Commission BOARD OF SUPERVISORS Controls by Story Page 78 1st 2nd 3rd+ * * * * Entertainment, Arts1 and Recreation Use Category Entertainment, Arts1 and §102 NP NP NP Recreation Uses* Arts 14efi'.Jifies §#)± -P-f4f p. p. Amusement Game Arcade §102 c NP NP Arts Activities §102 P(4) p p * * * * * * * * * * * * * * * * * * * * * * * * SEC. 780.1. LAKESHORE PLAZA SPECIAL USE DISTRICT. In order to preserve the mix and variety of goods and services provided to the Lakeshore Acres, Crestlake, and Merced Manor neighborhood residents yet provide reasonable commercial expansion and intensification which would not disrupt the single-family residential character of the surrounding neighborhoods, there shall be a Lakeshore Plaza Special Use District, generally located on the NC-S-zoned block bounded by Sloat Boulevard, Everglade Drive, Ocean Avenue, and Clearfield Drive, as designated on Sectional Map 13SU of the Zoning Map. The following provisions shall apply within such special use district: * * * * (b) Controls. The controls for the NC-S District, as set forth in Section 713 of this Code, shally apply to the Lakeshore Plaza Special Use District, except as provided below: Zoning Category No. * * * * Planning Commission BOARD OF SUPERVISORS Controls * * * * Page 79 I &mill self serviee :Pestebff'ttNts Limited- .44 Restaurants are permitted as eConditional uUses at the first and second stories. * * * * * * * * elfserviee speeialtyfood Restaurants i-s are .69A permitted as e eConditional uUSe§. at the first and second stories. * * * * * * * * * * * * SEC. 814. SPD-SOUTH PARK DISTRICT. * * * * SPD -- SOUTH PARK DISTRICT ZONING CONTROL TABLE No. Zoning Category § References South Park District Controls * * * * * * * * * * * * * * * * Off-Street Parking, Non- §§ 150, 151.1, 153-156, 166, None required. Limits 814.11 set forth in Section Residential 204.5L 303 151.1 * * * * * * * * * * * * * * * * * * * * Retail Sales and Services * * * * * * * * * * * * * * * * 814.34 l--§. Cannabis Retail §§ 202.2(a), 890.125 Cup to 5,000 sf per lot * * * * * * * * * * * * * * * * SEC. 846. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. * * * * Table 846 SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. !Zoning Category! § References I SALi District Controls BUILDING AND SITING STANDARDS * * * * I* * * * I* * * * I* * * * Planning Commission BOARD OF SUPERVISORS Page 80 Other Uses * * * * * * * * * * * * * * * * 846.97b Neighborhood §102~ p Agriculture Large-Scale 846.97c Urban §102~ NP Agriculture * * * * * * * * * * * * * * * * SEC. 996. DEFINITIONS OF TERMS USED IN ARTICLE 9. (a) Terms Defined Elsewhere in the Planning Code. The definition of terms contained in Sections 102and102.1 102.27, 790 and 790.2 790.116 shall apply to those terms as used in Article 9, except to the extent expressly modified in Article 9. (b) Definition of Terms Used only in Article 9. This subsection@ 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 ilive/wWork uUn#, as defined in Section 102-:-1-2, in which the nNon:rB.esidential uUse or uUses are limited to uUses in this district which are pErincipall.l: pEermitted uUses, -in or are eConditional uUses and approved as eConditional uUses. (4) Mid-block Lane. A mid-block lane is an a411ey as defined in Section 102;-J. which meets the design and location standards established in the Mission Bay Plan. * * * * (11) Story. A sStory is as defined in Section 102:-±.J except that parking which is depressed one-half level below grade shall not be considered to constitute a story. Planning Commission BOARD OF SUPERVISORS Page 81 (12) Public Transportation Facility. "Public Transportation Facility" shall mean: (iA.) all rail transportation facilities, including without limitation, passenger terminal facilities, freight facilities, rail rights-of-way, railroad easements, main line corridors, drill tracks, spur tracks, and other railroad, communication, and transportation facilities ancillary thereto, whether publicly or privately owned, operated, or licensed by, among others, Southern Pacific Transportation Company, the Department of Transportation of the State of California, the Peninsula Corridor Study Joint Powers Board, and any successors and assigns (collectively, the "Operators"), which lawfully exist as of the Effective Date of Ordinance No. 63-91 (this ordinance), as well as future modifications which may be required by law or are otherwise deemed necessary or desirable by the owner/operator due to a change in rail transportation use, technology, or method of operation, provided that any new buildings or substantial additions to existing buildings accessory to such future rail transportation facilities uses shall not be included within the meaning of this term; and (#ll) all Municipal Railway facilities, when in conformity with the General ]/Jaster Plan. APPENDIX I TO ARTICLE 10 - SOUTH END HISTORIC DISTRICT * * * * SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS. The procedures, requirements, controls and standards in Sections 1006 through 1006.8 of Article 10 of the Qty Planning Code shall apply to all applications for Certificates of Appropriateness in the South End Historic District. In addition,_ the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls,_ and standards affording stricter protection to landmarks, landmark sites,_ and the Historic District shall prevail. * * * * Planning Commission BOARD OF SUPERVISORS Page 82 (d) Alterations. It is recognized that certain alterations to the exteriors of buildings within the Historic District may be necessary in order to accommodate adaptive reuse of, and to provide sufficient light and air in, such buildings. Substantial alterations to pfrincipalfE acades, as defined in Planning Code Section 102-:-2-J, should be discouraged. Substantial alterations to non-principal facades, not originally intended to be viewed from the street, may be appropriate, provided such alterations maintain the character of the historic district. * * * * Section 3. Amendment to All Zoning Control Tables in Article 7 of the Planning Code. 1 O The following correction shall be made to all the Article 7 Zoning Control Tables: In the Building Standards category, Miscellaneous subcategory, the"§ 602.7" reference for General Advertising Signs shall be revised to read "§602." These Zoning Control Tables include Tables 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, and 764. However, in the event that an Article 7 Zoning Control Table covered by this Section 3 is not identified in the preceding sentence, this Section 3 remains applicable to said Zoning Control Table. Section 4. 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 5. Scope of Ordinance. Except as stated in Section 3 of this ordinance, in enacting this ordinance, the Board of Supervisors intends to amend only those words, Planning Commission BOARD OF SUPERVISORS Page 83 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 ERRERA, City Attorney By: ITH A. BOYAJIAN e5}puty City Attorney n:\legana\as2018\1800366\01290874.docx Planning Commission BOARD OF SUPERVISORS Page 84 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180557 Date Passed: July 31, 2018 Ordinance amending the Planning Code in order to correct errors in enacted legislation, update outdated references, clarify existing requirements, and re-enact existing text inadvertently deleted in the reorganization of Articles 2 and 7; 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. July 23, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 23, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 24, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 9 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani and Yee Excused: 2 - Fewer and Tang July 31, 2018 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No. 180557 London N. Breed Mayor City a11d Cou11ty of San Francisco I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/31/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12: 16 pm 011 811118