o0248-23

FILE NO. 230446 AMENDED IN BOARD 12/5/2023 ORDINANCE NO. 248-23 [Planning and Subdivision Code~, Zoning Map - Housing Production] Ordinance amending the Planning Code to encourage housing production by f 1) exempting, under certain conditions, specified housing projects from the notice and review procedures of Section 311 and the Conditional Use requirement of Section 317, in areas outside of Priority Equity Geographies, which are identified in the Housing Element as areas or neighborhoods with a high density of vulnerable populations,--aR-El areas outside RH (Residential House) Distriots 'Nithin the Family Housing Opportunity Speoial Use Distriot; (2) removing the Conditional Use requirement for several types of housing projects, including housing developments on large lots in areas outside the Priority Equity Geographies Special Use District, projeots to build to the allowable height limit, projects that build additional units in lower density zoning districts, and senior housing projects that seek to obtain double density, subject to oertain exoeptions in RH Distriots in the Family Housing Opportunity Speoial Use Distriot; (3) amending rear yard, front setback, lot frontage, minimum lot size, and residential open space requirements in specified districts, subjeot to oertain exoeptions in RH Distriots in the Family Housing Opportunity Speoial Use Distriot; {4) allowing additional uses on the ground floor in residential buildings, homeless shelters, and group housing in residential districts, and administrative review of reasonable accommodations; (5) expanding the eligibility for the Housing Opportunities Mean Equity- San Francisco (HOME - SF) program and density exceptions in residential districts; (6) exempting certain affordable housing projects from certain development fees; (7) authorizing the Planning Director to approve State Density Bonus projects, subject to delegation from the Planning Commission; 8) sunsetting the Conditional Use requirements established by the Corona Heights Large Residence and the Central Neighborhoods Large Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 1 1 1 Residence Special Use Districts at the end of 2024. and thereafter limiting the size of any Dwelling Units resulting from residential development in those Special Use Districts to 3.000 square feet of Gross Floor Area; and (8~) making conforming amendments to other sections of the Planning Code; amending the Zoning Map to create the Priority Equity Geographies Special Use District; amending the Subdivision Code to update the condominium conversion requirements for projects utilizing residential density exceptions in RH Districts; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough itelics Times NcH>' Rome1qfont. 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. Environmental and Land Use 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. 230446 and is incorporated herein by reference. The Board affirms this determination. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 2 1 1 (b) On June 29, 2023, the Planning Commission, in Resolution No. 21342, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 230446, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21342, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 230446 and is incorporated herein by reference. Section 2. General Background and Findings. (a) California faces a severe crisis of housing affordability and availability, prompting the Legislature to declare, in Section 65589.5 of the Government Code, that the state has "a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of a chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives." (b) This crisis of housing affordability and availability is particularly severe in San Francisco. It is characterized by dramatic increases in rent and home sale prices over recent years. (c) According to the Planning Department's 2020 Housing Inventory, the cost of housing in San Francisco has increased dramatically since the Great Recession of 2008- 2009, with the median sale price for a two-bedroom house more than tripling from 2011 to 2021, from $493,000 to $1,580,000. This includes a 9% increase from 2019 to 2020 alone, Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 3 even in the face of the COVID-19 pandemic. The median rental price for a two-bedroom apartment saw similar although slightly smaller increases, nearly doubling from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to the pandemic. (d) These housing cost trends come after decades of underproduction of housing in the Bay Area, according to the Planning Department's 2019 Housing Affordability Strategies Report. The City's Chief Economist has estimated that approximately 5,000 new market-rate housing units per year would be required to keep housing prices in San Francisco constant with the general rate of inflation. (e) Moreover, San Francisco will be challenged to meet increased Regional Housing Needs Allocation ("RHNA") goals in this 2023-2031 Housing Element cycle, which total 82,069 units over eight years, (46,598 of which must be affordable to extremely-low, very-low, low-, and moderate-income households). more than 2.5 times the goal of the previous eight-year cycle. The importance of meeting these goals to address housing needs is self-evident. In addition, under relatively new State laws like Senate Bill 35 (2017), failure to meet the 2023- 2031 RHNA housing production goals would result in limitations on San Francisco's control and discretion over certain projects. (f) On January 31, 2023, the City adopted the 2022 Update of the Housing Element of the General Plan ("2022 Housing Element"), as required by state law. The 2022 Housing Element is San Francisco's first housing plan that is centered on racial and social equity. It articulates San Francisco's commitment to recognizing housing as a right, increasing housing affordability for low-income households and communities of color, opening small and mid-rise multifamily buildings across all neighborhoods, and connecting housing to neighborhood services like transportation, education, and economic opportunity. (g) The 2022 Housing Element includes goals, objectives, policies and implementing programs that seek to guide development patterns and the allocation of resources to San Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 4 Francisco neighborhoods. Generally, it intends to shift an increased share of the San Francisco's projected future housing growth to transit corridors and low-density residential districts within "Well-Resourced Neighborhoods" (which are areas identified by the state as neighborhoods that provide strong economic, health, and educational outcomes for its residents), while aiming to prevent the potential displacement and adverse racial and social equity impacts of zoning changes, planning processes, or public and private investments for populations and in areas that may be vulnerable to displacement, such as "Priority Equity Geographies" (identified in the Department of Public Health's Community Health Needs Assessment as Areas of Vulnerability). (h) Among other policies, the 2022 Housing Element commits the City to remove governmental constraints on housing development, maintenance and improvement, specifically in Well-Resourced Neighborhoods and in areas outside of Priority Equity Geographies, as well as to reduce costs and administrative processes for affordable housing projects, small and multifamily housing, and to simplify and standardize processes and permit procedures. Among many other obligations, the 2022 Housing Element requires that the City remove Conditional Use Authorization requirements for code compliant projects, eliminate hearing requirements, and modify standards and definitions to permit more types of housing across the City, in Well-Resourced Neighborhoods and outside of Priority Equity Geographies. This ordinance advances those goals. Section 3. The Planning Code is hereby amended by deleting Sections 121.1, 121.3, 132.2, 253, ~253.1, 253.2, and 253.3, revising Sections 102,121,121.7, 132,134, 135, 140,145.1, 202.2, 204.1, 206.3, 206.6, 207,209.1, 209.2, 209.3, 209.4, 210.3, ~ 305.1, 311, 317, 406,710, 711, 713, 714, 722, 723, 750, 754, 810, 811, and 812, and adding new Sections 121.1 and 121.3, and Section 249.97, to read as follows: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 5 SEC. 102.DEFINITIONS. * * * * Dwelling Unit. A Residential Use defined as a room or suite of two or more rooms that is de- signed for, or is occupied by, one family doing its own cooking therein and having only one kitchen. A Dwelling Unit shall also include "employee housing" when providing accommodations for six or fewer employees, as provided in State Health and Safety Code §17021.5. A housekeeping room as defined in the Housing Code shall be a Dwelling Unit for purposes of this Code. For the purposes of this Code, a Live/Work Unit, as defined in this Section, shall not be considered a Dwelling Unit. * * * * Height (of a building or structure). The vertical distance by which a building or structure rises above a certain point of measurement. See Section 260 of this Code for how height is measured. Historic Building. A Historic Building is a building or structure that meets at least one ofthe following criteria: • It is individually designated as a landmark under Article 1 O,· • It is listed as a contributor to an historic district listed in Article 1 O; • It is a Significant or Contributory Building under Article 11, with a Category I, 11, Ill or IV rating; • It has been listed or has been determined eligible for listing in the California Register of Historical Resources,· or, • It has been listed or has been determined eligible for listing in the National Register o(Historic Places. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 6 * * * * SEC. 121. MINIMUM LOT WIDTH AND AREA. * * * * (b) Subdivisions and Lot Splits. Subdivisions and lot splits shall be governed by the Subdivision Code of the City and County of San Francisco and by the Subdivision Map Act of California. In all such cases the procedures and requirements of said Code and said Act shall be followed, including the requirement for consistency with the General Plan of the City and County of San Francisco. Where the predominentpeffern o-fresidentiel dewlepment in the ifnmediete 'ilicinity exceeds the minimum stenderd for lot width or eree, or the mininium stende:rds fer both lot 1,vidth end eree, set forth below in this Section, eny ,ie:w lot creeted by fl suhdi1i1ision or lot split under the Suhdi,·ision Code shell conform to #w greeter estehlished st€lnde:rds, prm·ided thet in no cese shell the required lot ,vidth he more then 33 feet or the required lot eree he more then 4, 000 squere feet. In RH districts in the Family Housing Opportunity Special Use District, v,here the predominant pattern of residential development in the immediate vicinity exceeds the minimum standard for lot width or area, or exceeds the minimum standards for both lot width and area, set forth below in this Section 121, any new lot created by a subdivision or lot split under the Subdivision Code shall conform to the greater established standard(s), provided that in no case shall the required lot width be more than 33 feet or the required lot area be more than 4,000 square feet. * * * * (d) Minimum Lot Width. The minimum lot width shall be 20 feet. 20 feet.esfollows:as follows~ (I) In RH 1 (DJ Districts: 33 Jfcet; (2) In ell other 2:oning t1se districts: 25 feet. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 1) In RH 1 (D) Districts in the Family Housing Opportunity Special Use District (Section 249.94): 33 feet; (2) In all other RH Districts in the Family Housing Opportunity Special Use District: 25 feet; (3) In all other zoning use districts: 20 feet. (e) Minimum Lot Area. The minimum lot area shall be 1,200 sq. ft. 1,200 sq. ft. es fellows: as follm\ls: (I) In RH 1 (D) Districts: 4,000 S€Jbt€l:FC feet; (2) In €1:U otha 0ol'ling Nsc distFicts: 2,500 StJN€l:FC feet; except th€1:t #w n1inin1Nl'n !:et €l:FC€l: feF any1 !:et havil'lg its stFcctfront€1:gc cntil"cly within 125 feet of the intcFScction of two sweets th€1:t in:tcFScct €1:t €1:n €1:l'lgk o.fl'lot HJOFC th€1:n 135 degpccs sh€1:U be 1, 750 squ€l:rc feet. (1) In RH 1 (D) Districts in the Family Housing Opportunity Special Use District (Section 249.94): 4,000 square feet; (2) In all other RH Districts in the Family Housing Opportunity Special Use District: 2,500 square feet; except that the minimum lot area for any lot having its street frontage entirely within 125 feet of the intersection of two streets that intersect at an angle of not more than 135 degrees shall be 1,750 square feet. (3) In all other zoning use districts: 1,200 square feet. (f) C011dition€1:l Uses. 1"lotwithst€l:nding the f0Fcgob1g rcquiFcmcnts &jthis Section 121 €1:S to !:et width, lot €l:FC€l: €1:nd width &j!:ot.fr011tagc, in €1:ny wning Nsc distFict otha th€l:l'l €1:l'l RH 1 (D) District the City Pl€1:nl'lil1g Comn1issiol'l mtlypamit Ol'lC or moFc !:ots &jlcssa width to be ac€l:tcd, with: c€1:ch lot cent€l:ining enly €1: enc family dl ii ell il'lg €1:nd h€1:Vb'lg €1: h:Jt tlFCtl ~f net less thffl1 1, 50() Stf H€WC feet, €1:CCOFding to the f)FfJCCdbtFCS €1:l'lfl aitcFi€l: foF conditi011€1:l btSC €l]3]3F0'.1€1:l in Section 303 oftl1is Code. (f) Conditional Uses. Notwithstanding the foregoing requirements of this Section 121 as to lot v.:idth, lot area, and width of lot frontage, in any RH District in the Family Housing Mayor Breed; SupeNisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 8 Opportunity Special Use District, other than an RH 1 (D) District, the Planning Commission may permit one or more lots of lesser width to be created, 'Nith each lot containing only a one family dwelling and having a lot area of not less than 1,500 square feet, according to the procedures and criteria for conditional use approval in Section 303 of this Code. SEC. 121.1. DEVELOl'AfENT OF LARGE LOTS, NE!~HBORHOOD COAli1fERCL4L DISTRICTS. (a) Purpe-se. In order to promote, protect, tuld mttintttin tt settle ofdeve!:opment #1ttt is epproprittte to ettch district ttnd cmnptttihk with ttf#ttcent hblik!:ings, new constrblction or significttnt en!:ttrgone11t of existing hui!:dings on !:ots of the sttme size or !:ttrger thtt19 the squttre footttge stttted flq the ttthk he!:ow shttU he permitted only tts Co,qdifionttl Uses. .f)istrief ,7:,l-or#1 Bettc,lq Pttcific ,4,,,enue Polk &treet ,VG !, ,7:,/£.'.F- ! 24th &treef i,/issio1q 24th &treef ,V.oe ¥alley• Brotttiwtty• Cttstro &treet Cole ¥alley• Glen Pttr,'ff Httig,lqf &treef Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS bot &ize bil'l9its 2,500 sq. Ji. 5, 000 sq. fl. Page 9 .f.tmef"- Glement SiFeet .f.t9nef"- &tn,set !-,,.--;ing &1:F-eet .lttdeh Street bt1,1fe,side Viiklge 1\[eFiegeJ &1:F-eet GuteF Giement Street &eFt1mente Street fflFtlW:lf &1:F-e et l:inien &1:F-eet YppeF l2ilif'HeFe Street We,st PeFt€ll-Aw19ue 1¥b' J, 1VG'f. J NG J, NG'f. J Bfly11, 1ie-w f'eF#tmd ,4 w19ue lJiy.i,sedeFe &1:F-eet &eehsieF GuteF i,{i,s,sien $.tFeet l4l-lmeFe &1:F-eet 1.%k;em SiFeet Get17"y' Beule--;eFd Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS l 0, 000 'fifj. ft Page 10 ./-kty•es Gettgh hmeF -B€ttee€t Street hmeF fflF€tV€tf Street ;:lflfJ€tl'iffJWl'i beweF Httight Street beweF Pelk Street Aefissien -Bem€t!: ,3,efissien S#-eet Q.ee€t1i ,4 1, 1em,1e fh,1£:eF -B€ttee€t S#-eet Regien€t!: GemmeFei€t!: DistFiet &:m -BFHne A ,•en He &J-M£t (jppeF .J,1€1Fket S#-eet HE!:e1qei€t Street NG-& ,7Jlet ,4pp!:ie€tb!:e (IJ) Design Review Cl'itel'ill. In €tWiitien le the criteFi€t ofSectien 303(c) efthds Gede, the Gity P!:€tnning Cenunissien sh€tll censideF the extent le H1hich the fellmving aiteri€t €tFe met: (1) The m€tss €Inti farntie of the pr<JfJeseti strHctHFe €tFe ceH'lj3€ttib!:e ',t•ith the existing sc€t!:e of the tiiswict. (2) The fac€ttie of the pmpeseti stFHCtHFe is cemp€ttib!:e with design fe€ttHres ef€taj€tcent f€Jc€tdes th€tt cenwibHte te the pesitive visH€tf E[bl€tfit)' of the district Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 11 (3) Where 5, 000 or ,nore gross squ€lre feet of}•lon Residenti€ll sp€lce is proposed, th€lt the prcyectpro11ides coHimerci€ll sp€lces in €l r€l1ige ofsi:zes, including one or Hwre sp€lces ofl,000 gross S€JU€lrefeet or sm€lller, to €lccommodate €l diversity of neighborhood hNsiness types €Ind business SEC.121.1. DEVELOPMENT OF LARGE LOTS IN NEIGHBORHOOD COMMERCIAL DISTRICTS LOCATED IN THE PRIORITY EQUITY GEOGRAPHIES SPECIAL USE DISTRICT. (a) Purpose. In order to promote, protect, and maintain a scale of development that is appropriate to each district and compatible with adjacent buildings, new construction or significant enlargement of existing buildings on lots of the same size or larger than the square footage stated in the Neighborhood Commercial Districts located in the Priority Equity Geographies Special Use District established under Section 249.97 shown in the table below shall be permitted only as Conditional Uses. District North Beach (*l Polk Street (*l NC-1, NCT-1 (*l 24th Street-Mission NC-2, NCT-2 (*l NC-3, NCT-3 (*l Bayview Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Lot Size Limits 2,500 sq. ft. 5,000 sq. ft. 10,000 sq. ft. Page 12 Divisadero Street (*l Excelsior Outer Mission Street Fillmore Street (*l Folsom Street Hayes-Gough Lower Polk Street Mission Street San Bruno Avenue SoMa Upper Market Street Valencia Street (*l (*l These districts are located at least partially in the Priority Equity Geographies Special Use District established under Section 249.97. The controls in this Section 121.1 shall apply to those areas of these districts that are within the Priority Equity Geographies SUD. The controls in this Section 121.1 shall not apply to portions of any Neighborhood Commercial District that are outside the Priority Equity Geographies SUD. (bl Design Review Criteria. In addition to the criteria of Section 303(c) of this Code, the Planning Commission shall consider the extent to which the following criteria are met: (1 l The mass and facade of the proposed structure are compatible with obiective design standards.the existing scale of the district. (2) The facade of the proposed structure is compatible with design features of adjacent facades that contribute to the positive visual quality of the district. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 13 £32) Where 5.000 or more gross square feet of Non-Residential space is proposed. the project provides commercial spaces in a range of sizes. including one or more spaces of 1.000 gross square feet or smaller. to accommodate a diversity of neighborhood business types and business sizes. SEC. 121.3. DEVELOPAfENTOFL4RGELOTS, CHINATOWNAfIXED USE D!STR!CTS. b'l erder t,e premete, pretect, Bnd mBintBi1'l €l scBk o.fdevel,epnwnt which is epprepriBte t,e eBch ,Mixed Use District Bnd cempkment€lry t,e Bt/j€lcc1'lt hHUdings, l'lew censtructien er enlBrgcnw1'lt &j existing huildings en lets ktrger th€l1'l the squBre foetege st€lted in the tBhk helew shBll he permitted BS cenditienBl uses sHhject t,e the previsie1'ls set forth in Sectien 3()3. Di§#icl Lei She Limi/5 Ghil'lBffJ,Pn Gemmunity• Busil'less 5, {){){) sq. ft. Ghi1'l€lffJH'l'l Residc1'ltiBlll4eiglqherheed Gen'lH'lerciBl GhinBffJWn v:isit,er Ret€lil In Bdditien te the criteriB o.fScctien 3{)3(c), the Pktnning Gemmissien shBll censider the fol/ewing crik!riB: (1) The mBss €l1'ld facBdc of the prepesed structure Bre cempBtihk with the existing scBle of· the district. (2) The facBde of the prepesed structure is censistent with dcsignfeBtblres ojBt/jBcent facBdes th.Bt centrihute t,e tlw pesitive ·;isuBl quBlity• &jthe district. Mayor Breed; Supeivisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 14 SEC.121.3. DEVELOPMENT OF LARGE LOTS. CHINATOWN MIXED USE DISTRICTS. (a) In order to promote, protect, and maintain a scale of development which is appropriate to each Mixed Use District and complementary to adjacent buildings, new construction or enlargement of existing buildings on lots larger than the square footage stated in the table below shall be permitted as conditional uses subject to the provisions set forth in Section 303. Distri~t Lot Size Limits Chinatown Community Business 5,000 sq. ft. Chinatown Residential/Neighborhood Commercial Chinatown Visitor Retail (b) In addition to the criteria of Section 303(c), the Planning Commission shall consider the following criteria: (1) The whether the mass and facade of the proposed structure are compatible with objective design standards.the existing scale of the district. (2) The facade of the proposed structure is consistent with design features of adjacent facades that contribute to the positive visual quality of the district. SEC.121.7. RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS AND ON PEDESTRIAN-ORIENTED STREETS. * * * * (b) Controls. Merger of lots is regulated as follows: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 15 (1) RTO DistFicts. In RTO Districts, merger <>}tots creating c1 Jot greater than 5,000 square feet shall not be permitted exceJ3t according to the procedures and criteria i,q subsection (d) betO'.I>'. (1) RTO Districts. In RTO Districts within the Priority Equity Geographies Special Use District established under Section 249.97, merger of lots creating a lot greater than 5,000 square feet shall not be permitted except according to the procedures and criteria in subsection (d) below. (J4l) NCT, NC, and Mixed-Use Districts. In those NCT, NC, and Mixed Use Districts listed below, merger of lots resulting in a lot with a single street frontage greater than that stated in the table below on the specified streets or in the specified Districts is prohibited except according to the procedures and criteria in subsections (c) and (d) below. (~~) WMUO District. Merger of lots in the WMUO zoning district resulting in a lot with a street frontage between 100 and 200 feet along Townsend Street is permitted so long as a publicly-accessible through-block pedestrian alley at least 20 feet in width and generally conforming to the design standards of Section 270.2(e)(5)-(12) of this Code is provided as a result of such merger. (~) Mission Street NCT District. In the Mission Street NCT District, projects that propose lot mergers resulting in street frontages on Mission Street greater than 50 feet shall provide at least one non-residential space of no more than 2,500 square feet on the ground floor fronting Mission Street. (54§) Ocean Avenue NCT District. In the Ocean Avenue NCT District, projects that propose lot mergers resulting in street frontages greater than 50 feet are permitted to create corner lots only, and shall require a conditional use authorization. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 16 SEC. 132. FRONT SETBACK AREAS IN RTO, RH, AND RM DISTRICTS AND FOR REQUIRED SETBACKS FOR PLANNED UNIT DEVELOPMENTS. The following requirements for minimum front setback areas shall apply to every building in all RH, RTO, and RM Districts, in order to relate the setbacks provided to the existing front setbacks of adjacent buildings. Buildings in RTO Districts which have more than 75 feet of street frontage are additionally subject to the Ground Floor Residential Design Guidelines, as adopted and periodically amended by the Planning Commission. Planned Unit Developments or PUDs, as defined in Section 304, shall also provide landscaping in required setbacks in accord with Section 132(g). (a) Basic Requirement. Where one or both efthe buildings adjacent to the subject property have front setbacks along a Street or Alley, any building or addition constructed, reconstructed, or relocated on the subject property shall be set back as follows: (1) In RH Districts in the Family Housing Opportunity Special Use District (Section 249.94): the average of the t\vo adjacent front setbacks, except as provided in subsection (d) below. If only one of the adjacent buildings has a front setback, or if there is only one adjacent building, then the required setback for the subject property shall be equal to one half the front setback of such adjacent building; (2) In all other zoning use districts: no less than the depth of the adiacent building with the shortest front setback, except as provided in subsection (c). the Rwre:gc &}the two RtljRcent f-ront sethRcks. if only one &}the Rdjecent hHildings hes efront setheck, or if there is only· one edjecent hHilding, then tlw reqHired setheck fer the sH&ject preperty shell he eqHel to one helfthe front setheck ~ In any case in which the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the Street or Alley, such nearest building shall be deemed to be an Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 17 "adjacent building," but a building on a lot so separated for a greater distance shall not be deemed to be an "adjacent building." [Note to publisher: Delete diagram that f.ollm.vs this te*t]. [Note to publisher: Delete diagram that follows this text]. (b) Alter+u1tit1e Alet!ted efAt1efflgiHg. If, under the rules stated in subsection (a) abo,,ie, an averaging is required ha-ween two atljacentfront setbacks, or between one atljacent setback and another atljacent buihiing with no setback, the required setback on the subject property may ahernath1ely be a;1eraged in an irregular mamwr within the dep#1 beAFee11 the setbacks of the n~·o adjacent buildings, provided that the area &j the resulting setback shall be at leBSt equal to the product efthe width of the su&jectproperty along the Street or Alley times the setback depth required by subsections (a) and (c) of this Section 132 ,· and provided further, that all portions &j the resulting setback area on the subject property shall be directly exposed !€1:terally to the setback area &jthe atljacent building ha1;1bqg the greater setback. In any cBSe in which this alternatiw ,nethod &jawraging has been used for tlw subject property, the extent of #w front setback on the su&ject property for purposes ofsubsection (c) below relBting to subsequent de,1elop,nent on an atljacent site shall be considered to be as required by subsection (a) ab01;1e, i11 the form o-fa single line parallel to tlw Street or Alley [Note to publisher: Delete diagram that f.ollows this te*t]. [Note to publisher: Delete diagram that follows this text]. (b) Alternative Method of Averaging. If, under the rules stated in subsection (a) above, an averaging is required between two adjacent front setbacks, or between one adjacent setback and another adjacent building 1Nith no setback, the required setback on the subject property may alternatively be averaged in an irregular manner within the depth between the setbacks of the two adjacent buildings, provided that the area of the resulting setback shall be at least equal to the product of the width of the subject property along the Street or Alley times the setback depth required by subsections (a) and (c) of this Section 132; and provided further, that all portions of the resulting setback area on the subject property shall be directly Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 18 exposed laterally to the setback area of the adjacent building having the greater setback. In any case in \Nhich this alternative method of averaging has been used for the subject property, ri(1 t rr,.nt ·:>:'1b::JCk sut;ztt:! rr ,:p,:,r t,· f•.:'CiH·::<j rr,:Q)t "0,,'::ltif1(k ar,:.~j """"'WW, 'y,'l th I e:,t ,;,r c'!I ,;. ,· jYr:J i r >< t,:: &.l d I. •:ri I ·Ed Lc:;1 Ck t:·,il'.:Jli",1]1 El(1Ji;'t-:.~3ll1 t"4.iWllll•;J 1 + rr,jf!t i + ::>'Eilt.;;:d g ,,,.,.,, " the extent of the front setback on the subject property for purposes of subsection (c) belmv relating to subsequent development on an adjacent site shall be considered to be as required by subsection (a) above, in the form of a single line parallel to the Street or Alley. [Note to publisher: The diagram that follmvs is a reproduction of the diagram that appears belmv Section 132(b) in the current version of the Planning Code. (g_e) Method of Measurement. The extent of the front setback of each adjacent building shall be taken as the horizontal distance from the property line along the Street or Alley to the building wall closest to such property line, excluding all projections from such wall, all decks and garage structures and extensions, and all other obstructions. (£.d) Applicability to Special Lot Situations. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 19 (ff.e-) Maximum Requirements. The maximum required front setback in any of the cases described in this Section 132 shall be as follows: (1) In RH Districts in the Family Housing Opportunity Special Use District (Section 249.94): 15 f.eet from the property line along the Street or Alley, or 15% of the average depth of the lot from such Street or Alley, 1.vhichever results in the lesser requirement. VVhere a lot faces on a Street or Alley less than or equal to 40 f.eet in 1Nidth, the maximum required setback shall be 10 f.eot from the property line or 15% of the average depth of the lot from such Street or /\lley, whichever results in the lesser requirement. (2) In all other zoning use districts, except as othervvise provided in this Code: -M- IO feet from the property line along the Street or Alley. except in cases where more than 75% of the properties on the subject block face have a setback of 15 feet or greater. and both parcels adjacent to the parcel property have a front setback of 15 feet or greater, in which case the maximum front setback shall be 15 feet.., or 15% ofthe everagc depth e:ftlw l,otfrom such Street or Alley, whichever resuhs iH the ksser requirement. Where e l,ot faces OH e Street or AUey less then or equel to ,fO feet iH width, the maximum required setbeck shell he ten .fcetji1om the -property liHe or 15% oftlw evcrege depth o.fthe l,ot.fi·om such Street or Alky, whichever results iJq the lesser reqttiranent. ~ The required setback for lots located within the Bernal Heights Special Use District is set forth in Section 242 of this Code. * * * * SEC 132.2. SETJJACKSINTHENORTHOFAIARKETRES!DENTL4L SPECL4L USE DISTRICT. («) Gener-RI. ll'l order to meil'ltaiH the coHtinuity o.fa predon'liHeHt street wall awHg the street, sethecks afthe l:lJ3j3er portiOH ofe huilding which ehuts fl puhlic sidcwelk 1'11tl)' he required ofhuildings Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 20 foceted within the boN11deries f:rfthe 1Vorth ofA/arket Residentiel Specie! Use District, es shown on Sectionel J.,Jap 1 SUb of the Zm1ing 1\/ap, es e condition ofewrmel ofconditionel Nse Emthoriretion otherwise reqNired by Section 253 of this Code for bNilding in RC Districts which exceed 50 feet in height. (b} Pl'fJcedu,es. A setbeck reqNirement m€ly be imposed in eccordBnce with the provisions set forth bele1,v pNrsNent to the procedNres for conditionel NSC €J:Nthoriz-etim1 set forth in Section 303 of this (c} SethRck Requirement. In order to meintein the continNity of the prc;eiling streetwell elong e street or elley, e setbeck reqNirement m€ly be inff)osed es €J: condition of€lpprovel ofen BfJplicetion for conditionel Nse eNthoriretion .for e bNilding in excess of50:feet in height, es reqNired by Section 253 of this Code. If the €lfJf)licent cen denwnstrete thet the pre·;eiling streetwell height on the block on ,vhich the proposedproject is leceted, es esteblished by existing comice lines, is in excess of50:feet, then the Commission m€ly impose €t mexinrnn1 setbeck of btfJ to 20 feet €lJ3f)liceble to the portion of the bNilding which exceeds the esteblishedprc;eiling streetwell height; pro,1ided, howewr, th€lt if the ewlicent denwnstretes thet the prc;eiling streetwell height is in excess of68:feet, the ,neximNn1 setbeck reqNirenwnt which m€ly be imposed is 16 feet. If the BfJf)licent cen denwnstrete thet e bNilding withoNt e setbeck ,mNld not disrMpt the continuity of the pre veiling streetwell elong the str-eet, then the Plenning Con1n1ission m€ly grent epprm1el ofthe co11ditionel Nse eNthoriretion without imposing e setbeck reqNirement es e condition tlwreo.f SEC. 134. REAR YARDS IN R, RC, NC, M, CMUO, MUG, MUO, MUR, RED, RED- MX, SPD, UMU, and WMUG DISTRICTS; AND LOT COVERAGE REQUIREMENTS INC DISTRICTS. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 21 (c) Basic Requirements. The basic rear yard requirements shall be as follows for the districts indicated: (]) In RR RM-1, RM-2, RTO, RTO-M Zoning Districts, the basic rear yard shall be equal to 30% o(the total depth o(the lot on which the building is situated, but in no case less than 15 feet., unless otherwise provided in subsection (c)(2). (2) In RH 2 and RH 3 Districts in the family Housing Opportunity Special Use District (Section 249.94), the minimum rear yard depth shall be equal to 45% of the total depth of the lot on 1.vhich the building is situated, unless a reduction in this requirement is permitted by subsection (k) belmv or otherwise provided in Section 249.94(d). [Note to publisher: The diagram that follmvs is a reproduction of the diagram that appears below Section 134(c)(3) in the current Planning Code.] t-:if. !, l•::ti.:'1'. '{- ~~'t.l i'::'lL!f•:flR",~i!f t~ .:,y:;.~ • 1' t•:{i}i ;J:q..t.!' •;! ii,{ ~2) In all other Zoning Districts not listed in subsection (c)(l ), the rear yard shall be equal to 25% o(the total depth o(the lot on which the building is situated, but in no case less than 15 (d) Rear Yard Location Requirements. (1) RH l(D}, RH 1, ll:nd RH l(S) Districts. For buildings #zat submit a de--;elopment tlfJJJlicatim'l 01'1 or e:fier January· 15, 2Ql 9, #ze minimum rear J,'ard depth shall be equal to 3()% ofthe Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 22 kJte:l def)th of the lot on which the build-ing is situated, but in no cese less then 15 feet. Excef)tions ere permitted on Corner Lots end through lots ebuttingf)rOtJerties with buildingsfronting both streets, es described in subsection (f) beiow. For build-ings thet subniittcd e de;1eH3tJment €lf3f)licetion f)rior kJ January 15, 2019, the minimum reer yerd def)th shell be determined besed on the BJ3t)licebk !B:w on tlw date o.fsubmission. (2) RA{ 3, RA{ 4, RC 3, RC 4, NC Districts ether thnn the P-ll:cific Avenue 1\'C District, C, ,~I, AIUG, WJIIUG, AIUO, CAllIO, ,~IUR, UAW, RED, RED AfX, nntl SPD Districts. Excef)t es specified in this subsection (c), the minimum reer yerd def)th shell be equel kJ 25% &jthe tote! def)th ofthe lot on which the build-ing is situated, but in no cese less then 15:feet. (A) F'or buildings conteiliing only SRO Units in the &stem ,Veighborhoods },fixed Use Districts, the mininiuni reer yerd def)th shell be equel lo 25% of the kJtel def)th &j the lot on which the building is situated, but the required reer yerd a/SRO buildiligs not exceedilig e height of 65 feet shell be reduced in spedjic situations es described in subsection (c) befov,z. (B) To the extent the iot cm1erege requirenicnts of Section 2 49. 78 BJ3t)ly kJ e project, those requirements shell centre!, re#wr t,"1:en #w requireme1'lts a:fthis Section 13 4. (Gl) RH 1(D), RH l, RH 1(S), RM 3, R},f 4, RTO, NC-1, NCT-1, Inner Sunset, Outer Clement Street, Cole Valley, Haight Street, Lakeside Village, Sacramento Street, 24th Street-Noe Valley, Pacific Avenue, and West Portal Avenue Districts. Rear yards shall be provided at grade level and at each succeeding level or story of the building. (D2_) NC-2, NCT-2, Ocean Avenue, Inner Balboa Street, Outer Balboa Street, Castro Street, Cortland Avenue, Divisadero Street NCT, Excelsior-Outer Mission Street, Inner Clement Street, Upper Fillmore Street, Lower Haight Street, Judah Street, Noriega Street, North Beach, San Bruno Avenue, Taraval Street, Inner Taraval Street, Union Street, Valencia Street, 24th Street-Mission, Glen Park, Regional Commercial Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 23 District and Folsom Street Districts. Rear yards shall be provided at the second story, and at each succeeding story of the building, and at the First Story if it contains a Dwelling Unit. * * * * (El) RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore Street, Geary Boulevard, Hayes-Gough, Japantown, SoMa NCT, Mission Bernal, Mission Street, Polk Street, Lower Polk Street, Pacific Avenue, C, M, SPD, MUR, MUG, MUO, and UMU Districts. Rear yards shall be provided at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. In the Hayes-Gough NCT, lots fronting the east side of Octavia Boulevard between Linden and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U, and V) are not required to provide rear yards at any level of the building, provided that the project fully meets the usable open space requirement for Dwelling Units pursuant to Section 135 of this Code, the exposure requirements of Section 140, and gives adequate architectural consideration to the light and air needs of adjacent buildings given the constraints of the project site. (F.1) Upper Market Street NCT. Rear yards shall be provided at the grade level, and at each succeeding story of the building. For buildings in the Upper Market Street NCT that do not contain Residential Uses and that do not abut adjacent lots with an existing pattern of rear yards or mid-block open space, the Zoning Administrator may waive or reduce this rear yard requirement pursuant to the procedures of subsection (h). (G.:2:) RED, RED-MX and WMUG Districts. Rear yards shall be provided at the ground level for any building containing a Dwelling Unit, and at each succeeding level or story of the building. (3) RH 2, RH 3, RTO, RTO A{, RA11 €ind KM 2 Districts, €l19d the P€icif-ic Avenue l'IC District. The minimum re€lry€lrd depth sh€ll! be equ€ll te 45% @:;£the tef€ll depth &fthe kJt on which the bNilding is situ€lted, except to the extent th€lt €l reduction in this requirement is pennitted by subsection (c) Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 24 below. Rear yards shall be prmided at grade kvel a11d at each sblcceedb1g k',1el or story &jthe bblikl:ing. In RH 2, RH 3, RTO, RTO A{, R},11, and R,H 2 Districts, exceptio11s are permitted 011 Corner Lots and throbtgh lots abbltting a properly' with bblildb1gsfronting on both streets, as described in sblbsecti011 (!) below. [Note to publisher: delete diagram that follows this text] (d~) Permitted Obstructions. Only those obstructions specified in Section 136 of this Code shall be permitted in a required rear yard, and no other obstruction shall be constructed, placed, or maintained within any such yard. No motor vehicle, trailer, boat, or other vehicle shall be parked or stored within any such yard, except as specified in Section 136. (e) Red-ucH:811 efRequiFements in RH 2, RH 3, RTO, RTO Al, RA{ 1,,2 and RA{ 2 Districts. The rear y1ard reqblirement stated in sblbsection sblbsection2 (e) (3) above and as stated in sblbsection sblbsection2 (e) (2) (A) abw;e for SRO bblikl:ings located in the Eastern I\1-eighborhoods },fixed Use Districts not exceeding a height o/65:feet, shall be reduced in specific situations as described in thds sblbsection (e), based Npon conditions on adjace11t lots. Except.for those SRO bbdldings referenced above i11 this sblbsection (e) whose rear yard can be reduced in the circbln1sta11ces described in sblbsection (e) to a 15 foot minimbln1, binder no circblmstances shall the minimblH1 rear yard be thbls reduced to Jess than a depth eqbtal to 25% &jthe total depth a:fthe lot on which the bbtilding is sitblated, or to less than 15:feet, ·whichever is greater. (1) General Rule. In sbtch districts, the forward edge &jthe reqblired rear yard shall be redblced to a line on the sbtlrject lot, parallel to the rear lot line ofsbtch lot, which is an average between the depths &jthe rear bblilding walls ofthe two adjacent bblildings. Exceptfer SRO bblikl:ings, in a1qy cese in which a rear yard reqblirement is thbts reduced, the last 1 Ofeet of bblilding dept,",, thbts permitted on the sbth:fect lot shall be limited to a height &j30feet, l'l1easblred as prescribed ey Section 260 &}this Code, or to sbtch ksser height as nu:1y be established by Section 261 of this Code. (2) Alternalive Aleth8d ofAveraging. If, binder the rbtle stated in subsection (e)(I) above, a redblction in t,",,e reqblired rear yerd is per111itted, t,",,e redblction may alternatively· be e·;ereged Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 25 in an irregHtar manner; prmided that tlw area o:fthe resHlting redbtction shall be no more than the prodbtct r>f the width r>Jthe sbtbject lot along the line established by sbtbsection (e)(l) abo·i1e til<nes the redbtction in depth of rear yard permitted by sbtbsection (e)(l); and provided further that all portions of the open area 019 the part of the lot to which the rear yard redbtction flfJplies shall be directly exposed Jaterally to the open area behind the at:ijacent bbtilding ha1>'ing the lesser depth r>} its rear bbtilding V/all. (3) Alethed efAleesuremenl. F'or pbtrposes of this Sbtbsection (e), an "adjacent bbtilding" shall mean a bbtilding on a lot at:ijoining the sH&ject lot along a side lot line. In all cases tlw location of the rear bbtilding wall ofan at:ijacent bbtilding shall be taken as the line ofgreatest depth, of any portion of the at:ijacent bbtilding which occbtf}ies at least one halfthe 1,1,1idth between the side lot lines <:>ftlw lot on which sHch adjacent bbtilding is locaFCd, and which has a height ofat least 20 feet above gr-ade, or two Stories, whichever is less, exc!Hding all pennitFCd obstrbtctions listed for rear yards in Section 136 ofthds Code. W~ere a lot a€ljoini19g the sbtbject lot is 'i!acant, or contains no Dwelling or Group Housing strHctttre, or is locaFCd in an RH 1 (D), RH 1, RH 1 (S), RJ.13, R,\1 4, RC, RED, RED MX, ,UllG, W},1UG, A1UR, UA1U, SPD, RSD, SLR, SL!, SSO, ,VG, C, },1, or P District, sbtch at4joining lot shall, fer pbtrposes &}the cakHtations in thi8 sbtbsection (e), be considered to have a19 adjacent bbtilding 'blf)On it v.4wse rear bbtilding wall is at a depth eqHal to 75% of the total depth of the sbtbject lot. fl) Applie«hility tfJ .Speei«I Let Situ«tieN:s. f.,q the following special let sitHatiens, the general rHle staFCd in sbtbsection (e) (1) abm1e shall be €lf)plied as previded in this sHbsection (e) (4), and the reqHired rear yard shall be redbtced if conditions on the at:ijacent lot or lots so indicaFC and if all other reqHirements <:>}this Section 134 are met. [Note to publisher: delete the three diagrams that follow this text] 64) Cmwe-, Lets «Nd Lets «t Alley Inte,seetieN:s. On €1 Corner Let €IS de.fined in Section 102 o-fthi8 Code, or a lot €It the inFCrsection <:>}€1 Street and an Alley or two Alleys, the forward edge of the reqHired retlr yard shall be redHced to €1 line 019 the sbt&ject lot which is at the depth &/the rear bHilding wtlll of the one at:ijtlcent building. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 26 (B) Lets Abutting P,epe~ties with Buildings that FFBnt Bil A11et.'teF S1r-eet BF Alley. In the cese afeny lot thet ebuts elo1qg one of its side lot lines btf3019 GT: lot ,1dth GT: building thet fronts on enother Street or Alley, the lot on wl'lich it so ebuts shell be disregerded, end the forwerd edge f>j the required reer yerd shell be reduced to GT: line on the subject lot which is et the depth of the reer building weU afthe one edjecent buildingfrontbqg on the seme Street or Alley. In the cese ofeny· lot thet ebuts elong both its side lot lines btfJOn lots with buildi1qgs thet:front on enother Street or Alley, both lots on which it so ebuts sheU be disregerded, end the minimum reer yerd depth fer the subject lot shell be equel to 25% f>jthe totel depth: f>}the subject lot, or 15 feet, whichever is greeter. [Note to publisher: delete the two diagrams that follow this text] (f) Second Building on Corner Lots and Through Lots Abutting i°"8peFties with Buildings F,enting en Beth Streets in RH, RTO, RTO-M, RM-1, and RM-2 Districts. Where a lot is a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, e1qd where en edjoinbqg lot contebqs e residentiel or other lewfal structure thetfronts et the OfJfJOsite end o:fthe lot, the subject through lot may else-have two buildings eccording to such estehlishedpeffern, each fronting at one end of the lot, provided that all the other requirements of this Code are met. In such cases, the rear yard required by this Section 134 for the subject lot shall be located in the central portion of the lot, between the two buildings on such lot e1qd the depth afthe reer weU &jeech huildingfrom the Street or Alley on which it fronts sheU be estehlished by the everege (}f the depths af the reer building wells of#w Eldjecent buildings fronting o,q thet Street or Alley, or v.1wre there is only· one edjecent building, by the depth, afth,et building. In no case shall the total minimum rear yard for the subject lot be thus reduced to less than a depth equal to 30% of the total depth of the subject lot or to less than 15 feet, whichever is greater; provided, however, that the Zoning Administrator may reduce the total depth to 20% pursuant to Section 307(1) of this Code if the reduction is for the sole purpose of constructing an Accessory Dwelling Unit under Section 207(c)(4), and provided Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 27 further that the reduction/waiver is in consideration of the property owner entering into a Regulatory Agreement pursuant to Section 207(c)(4)(H) subjecting the ADU to the San Francisco Rent Stabilization and Arbitration Ordinance. For buildings fronting on a Narrow Street as defined in Section 261.1 of this Code, the additional height limits of Section 261.1 shall apply. Furthermore, in all cases in which this subsection (f) is applied, the requirements of Section 132 of this Code for front setback areas shall be applicable along both Street or Alley frontages of the subject through lot. (g) Reduction of Requirements in C-3 Districts. In C-3 Districts, an exception to the rear yard requirements of this Section 134 may be allowed, in accordance with the provisions of Section 309, provided that the building location and configuration assure adequate light and air to windows within the residential units and to the usable open space provided. * * * * (h) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 102 of this Code, or on a lot at the intersection of a Street and an Alley ofat least 25 feet in width. the required rear yard may be substituted with an open area equal to the basic rear yard requirement outlined in subsection (c) above at the same levels as the required rear yard in an interior corner of the lot. an open area between two or more buildings on the lot, or an inner court, as defined by this Code, provided that the Zoning Administrator determines that all of the criteria described below in this Section 134 are met. (]) Each horizontal dimension of the open area shall be a minimum of 15 feet. (2) The open area shall be wholly or partially contiguous to the existing midblock open space formed by the rear yards of adiacent properties. (3) The open area will provide for the access to light and air to and views fi:om adiacent properties. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 28 (4) The proposed new or expanding structure will provide for access to light and air from any existing or new residential uses on the subiect property. The provisions of this subsection (h) shall not restrict the discretion o(the Zoning Administrator from imposing such additional conditions as the Zoning Administrator deems necessary to further the purposes ofthis Section 134. (h) Aledifkalien 9f ReqHirements in 1VC Distr-icts. The reEJr yEJrd requirenwnts in 1'1/C Districts mely be modified or wEJh1ed in spec(fic situEJtions €IS described in this subsection (h). (1) General. The reEJr y'flrd requirement in li/C Districts mely be modified or WEJived by the Zoning AdH1 inistrEJtor pursuEJnt to the procedures which €Ire €lpplic€tble to vEJriEJnces, €IS set forth in Sections 306.1 throblgh 306. 5 €Ind 308.2, ({€Ill C>jtlw following criteriEJ €Ire nwt: (A) Residenti€tl Uses €Ire iT1cluded in the new or exp€111ding do1elopment and €l conip€1Y€tble €lH10u11t of usEJble open sp€tce is prmided elsewhere 011 the lot or within the development where it is more EJccessible to the residcmts &j the development; €Ind (BJ The proposed new or exp€tnding structure will not signijicEJntly impede the EJccess C>jlig,1<lt €Ind EJir to €Ind 1riewsfron1 €ltij€1Ce11tproperties; EJ11d (C) The proposed 11ew or expanding structure will not EJdversely effect the iT1terior block ope11 sp€tce forn1ed by the reEJr yEJrds &jEJdj'EJcent properties. (2) Gerner Lets and Lets at Alley lntersectiens. On €l Corner Lot €IS defined in Section 102 of this Code, or on €I lot €It the intersection of€! Street €Ind €111 Alley ofEJt leEJst 25.feet in width, the required reEJr yEJrd may be substituted with €111 open €Ire€! equEJl to 25% of the lot EJreEJ ,1,,1hich is locEJted €It the S€lHW le·;els €IS the required reEJr yEJrd in €In interior corner C>jthe lot, €In open EJreEJ between two or nwre buildings on the lot, or €In iTiner court, €IS defined by· this Code, pr-o·;ided th€tt the Z011ing AdministrEJtor determines t.1€lt €Ill of the criteri€l described below in this subsection (h)(2) €Ire met. 64) EEJch horizontEJl dinirnsion C>jthe open €Ire€! sh€tll be €l mininrnn1 ofl 5 feet. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 29 (BJ The open Bretl shflll be wholly orptlrtifllly contiguous to tlw existing midbJock Of3eH sptlce farmed by the reflr yBrds o-fBdjflcentpr0j3erties. (CJ The open tlrefl will provide for the tlccess to light tlnd Bir to tlnd vic,~·sfrom tld}tlce,it pr0j3erties. (DJ The proposed new or cxptlnding structure will provide for tlccess to light tlnd flirfrom ffny existing or new residentiBl uses on the subjectpr0j3erty. The provisions o-f this subsection (hJ (2J shBll not preclude such tldditionBl conditions flS Bre deemed necesstlry by the Zo1qing AdfninistrBtor to farther tlw purposes ef this Section 13 4. * * * * (k) Reduction of Requirements in Rl=I 2 and Rl=I 3 Districts in the Family l=lousing Opportunity Special Use District. The rear yard requirement stated in subsection (c)(2) above shall be reduced in specific situations as described in this subsection (k), based upon conditions on adjacent lots. Under no circumstances shall the minimum rear yard be thus reduced to less than a depth equal to 25% of the total depth of the lot on which the building is situated, or to less than 15 feet, whichever is greater. (1) General Rule. In Rl=I 2 and Rl=I 3 Districts in the Family l=lousing Opportunity Special Use District, the forward edge of the required rear yard shall be reduced to a line on the subject lot, parallel to the rear lot line of such lot, •.vhich is an average between the depths of the rear building walls of the t'v1vo adjacent buildings. The last 10 feet of building depth thus permitted on the subject lot shall be limited to a height of 30 feet, measured as prescribed by Section 260 of this Code, or to such lesser height as may be established by Section 261 of this Code. (2) Alternative Method of Averaging. If, under the rule stated in subsection (k)(1) above, a reduction in the required rear yard is permitted, the reduction may alternatively be averaged in an irregular manner; provided that the area of the resulting reduction shall be Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 30 no more than the product of the 1.vidth of the subject lot along the line established by subsection (k)(1) above times the reduction in depth of rear yard permitted by subsection (k)(1 ); and provided further that all portions of the open area on the part of the lot to 1.vhich the rear yard reduction applies shall be directly exposed laterally to the open area behind the adjacent building having the lesser depth of its rear building wall. (3) Method of Measurement. For purposes of this subsection (k), an "adjacent building" shall mean a building on a lot adjoining the subject lot along a side lot line. In all cases, the location of the rear building wall of an adjacent building shall be taken as the line of greatest depth of any portion of the adjacent building 1.vhich occupies at least one half the ,nidth between the side lot lines of the lot on 1.vhich such adjacent building is located, and 1.vhich has a height of at least 20 feet above grade, or two Stories, \Nhichever is less, excluding all permitted obstructions listed for rear yards in Section 136 of this Code. VVhere a lot adjoining the subject lot is vacant, or contains no D1.velling or Group Housing structure, or is located in an RH 1 (D), RH 1, RH 1 (S), RM 3, RM 4, RC, RED, RED MX, MUG, VVMUG, MUR, UMU, SPD, RSD, SLR, SU, SSO, NC, C, M, or P District, such adjoining lot shall, for purposes of the calculations in this subsection (k), be considered to have an adjacent building upon it •.vhose rear building 1.vall is at a depth equal to 75% of the total depth of the subject lot. (4) Applicability to Special Lot Situations. In the following special lot situations, the general rule stated in subsection (k)(1) above shall be applied as provided in this subsection (k)(4), and the required rear yard shall be reduced if conditions on the adjacent lot or lots so indicate and if all other requirements of this Section 134 are met. [Note to publisher: The three diagrams that follow are reproductions of the three diagrams that appear below subsection 134 (e)(4) of the current Planning Code.] Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 31 ~-}):~·'.t .t ,)~ 0-~ !';1 'i; ... ~ ;r, Q, rr :~ ..,,_ -;;a W'.cl ... ~ .. ""' e .... i ~ wt Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS ii ~ u 'i "".,, ,: IC. ::a ... --- >C :s ..... Page 32 ,p);.JJ ,~i! L'1;L1.~- 'l~l STRli!!ET QR AL.UV ~·~··"~.,4 .. ~ d•1f-•l ;<-.~!Ul't "--·"~·"'"'"'""""'""" ....... """' .... ~ ,·,rn l,-Jtfr,:a .::,-.~1,:11;11r~- ·~ :'.l!ii,"( ,,-,11 1 ,~ ·V ·!<·;)i·d (/\) Corner Lots and Lots at Alley Intersections. On a Corner Lot as defined in Section 102 of this Code, or a lot at the intersection of a Street and an Alley or t\vo Alleys, the forward edge of the required rear yard shall be reduced to a line on the subject lot v,hich is at the depth of the rear building 1,.vall of the one adjacent building. (8) Lots /\butting Properties with Buildings that front on Another Street or Alley. In the case of any lot that abuts along one of its side lot lines upon a lot with a building that fronts on another Street or Alley, the lot on which it so abuts shall be disregarded, and the forward edge of the required rear yard shall be reduced to a line on the subject lot which is at the depth of the rear building wall of the one adjacent building fronting on the same Street or Alley. In the case of any lot that abuts along both its side lot lines upon lots 1.vith buildings that front on another Street or Alley, both lots on which it so abuts shall be disregarded, and the minimum rear yard depth for the subject lot shall be equal to 25% of the Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 33 1 1 total depth of the subject lot, or 15 feet, •.vhichever is greater. [Note to publisher: The tv.10 diagrams that follmv are reproductions of the two diagrams that appear below subsection 134 (e)(4 )(B) of the current Planning Code.] 1,.,r19n u::1r ri>1G,Jir:~1 !,-'f~! ··1f Jq0,ti:,ql I l STRS::T OR AU.E!V $,IU!IH QR A.U.l!Y Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS ~f<-<!(:!Hi') iiJF;~1:,,1:'it t~)~(jl(,,J i rl:"-.11,,:,~G r1:::1f v.:,:·:J .. --·-·,.···--+---: ;~~~~:!~~\~ t;.;,,~ ~~~;~;;~:-\ ~ ! .:JI ::~jj:"}J•fli. l)UI (~fq) I ... _,_ .. J Page 34 SEC. 135. USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING, R, NC, MIXED USE, C, AND M DISTRICTS. * * * * (f) Private Usable Open Space: Additional Standards. (1) Minimum Dimensions and Minimum Area. Any space credited as private usable open space shall have a minimum horizontal dimension ef of as follows: (A) In RH Districts in the Family Housing Opportunity Special Use District (Section 249.94): six feet and a minimum area of 36 feet if located on a deck, balcony, porch, or roof, and a minimum horizontal dimension of 10 feet and a minimum area of 100 square feet if located on open ground, a terrace, or the surface of an inner or outer court, except as othenNise provided in Section 249.94(d). (B) In all other zoning use districts: three 5'-i.rfeet and a minimum area of .J.e 27 square feet if located on a deck, balcony, porch or roof, and shall have a minimum horizontal dimension of 10 feet and a minimum area of 100 square feet if located on open ground, a terrace or the surface of an inner or outer court. (2) Exposure. In order t'[o be credited as private usable open space, an area must be kept open in the following manner: (A) For decks, balconies, porches and roofs, at least 30 percent of the perimeter must be unobstructed except for necessary railings. (B) In addition, the area credited on a deck, balcony, porch or roof must either face a street, face or be within a rear yard, or face or be within some other space which at the level of the private usable open space meets the minimum dimension and area requirements for common usable open space as specified in Paragraph 135(g)(1) below. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 35 (C) Areas within inner and outer courts, as defined by this Code, must either conform to the standards of Subptlrfl:gf'tlfJh ~Subsection (f)(2)(B) £HJeW3- or ~Subsection (g)(2). be so tlrrffnged thtlt the height e:fthe wtllls midprojections €!hove the co1;wt on €It k€1St three sides (er 75 percent of the perinwter, whichc;er is gretlter} is sbtch thtlt no point on tlny sblch wtlll or projection is higher thtln one foot for etlch foot thtlt sHch point is horiro,it€llly disttlntfrom tlw OfJfJOSite side of the cktlr SfJtlCe in the coblrt, regtlrdJess of the perniitted obstruction referred to in Sbthsectio,i 135(c) €!hove. * * * * (g) Common Usable Open Space: Additional Standards. (1) Minimum Dimensions and Minimum Area. Any space credited as common usable open space shall be at least 15 feet in every horizontal dimension and shall have a minimum area of 300 square feet. (2) Use of Inner Courts. The area of an inner court, as defined by this Code, may be credited as common usable open space, if the enclosed space is not less than 20 feet in every horizontal dimension and 400 square feet in area; €Ind if(rCgtlrdkss of the permitted ohstrblctions referred to in SHhsection J 35(c) tlhm·e) the height of the V/tllls €Ind projections €lb ore the coblrt on €It le€1St three sides (or 75 percent ofthe perimeter, whichever is gretlter) is Sbtch thet ,"lo point on €IN}' s1;wh wtlll or prejection is higher th,tln one feat for etlch foot thtlt sHch point is horfao,iftlllJ,1 disttlntfro,n the OfJfJOsite side oftlw cletlr sptlce in the coHrt. Exceptions from these requirements for certain qualifying historic buildings may be permitted, subject to the requirements and procedures of Section 307(h) of this Code. * * * * SEC.140. ALL DWELLING UNITS IN ALL USE DISTRICTS TO FACE ON AN OPEN AREA. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 36 (a) Requirements for Dwelling Units. In each Dwelling Unit in any use district, the required windows (as defined by Section 504 of the San Francisco Housing Code) of at least one room that meets the 120-square-foot minimum superficial floor area requirement of Section 503 of the Housing Code shall face directly onto an open area of one of the following types: (1) A public street, public alley at least 20 feet in width, side yard at least 25 feet in width, or rear yard meeting the requirements of this Code; provided, that if such windows are on an outer court whose width is less than 25 feet, the depth of such court shall be no greater than its width; or (2) An open area (whether an inner court or a space between separate buildings on the same lot) which is unobstructed (except for fire escapes not projecting more than necessary for safety and in no case more than four feet six inches, chimneys, and those obstructions permitted in S.$ubsections 136(c)(14), (15), (16), (19), (20) and (29) of this Code) and is no less than 25 feet in every horizontal dimension for the floor at which the Dwelling Unit in question is located. In RH Districts in the Family Housing Special Use District (Section 249.94), such horizontal dimension shall increase by five feet at each subsequent floor, except as otheF\vise provided in Section 249.94(d). tmdthejloor immediately above it, with en i19creese of five feet in e)?ery· horizontal dirnension et each suhse€fblentfloor, except for SRO httildings in the &stern Neighhorhoods A{ixed Use Districts, which ere 19ot reqblired to incree8efi·re/eet in every horizontal dinw19sion blntil thefi-fihjloor (}jthe hbtilding. * * * * SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 37 (b) Definitions. * * * * (2) Active Use. An "active use" shall mean any principal, conditional, or accessory use that by its nature does not require non-transparent walls facing a public street or involves the storage of goods or vehicles. (A) Residential uses are considered active uses above the ground floor; on the ground floor, residential uses are considered active uses only if more than 50 percent of the linear residential street frontage at the ground level features walk-up dwelling units that provide direct, individual pedestrian access to a public sidewalk, and are consistent with the Ground Floor Residential Design Guidelines, as adopted and periodically amended by the Planning Commission. (B) Spaces accessory to residential uses, such as fitness rooms. e-F community rooms. laundry rooms. lobbies, mail rooms. or bike rooms, are considered active uses only if they meet the intent of this section and htn1e €lccess directly face te the public sidewalk or street. (C) Building lobbies are considered active uses, so long as they do not exceed 40 feet or 25 percent of building frontage, whichever is larger. (D) Public Uses defined in Section 102 are considered active uses except utility installations. * * * * SEC. 202.2. LOCATION AND OPERA TING CONDITIONS. * * * * (f) Residential Uses. The Residential Uses listed below shall be subject to the corresponding conditions: Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 38 (1) Senior Housing. In order to To qualify as Senior Housing, as defined in Section 102 of this Code, the following definitions shall apply and shall have the same meaning as the definitions in California Civil Code Sections 51.2, 51.3, and 51.4, as amended from time to time. These definitions shall apply as shall all of the other provisions of Civil Code Sections 51.2, 51.3, and 51.4. Any Senior Housing must also be consistent with the Fair Housing Act, 42 U.S.C. §§ 3601-3631 and the Fair Employment and Housing Act, California Government Code Sections 12900-12996. * * * * (D) Requirements. !11 order to To qualify as Senior Housing, the proposed project must meet all of the following conditions: * * * * (iv} LecR:#en. Thepmposedproject H1blst be withi11 €l % oftJ milefroH1 €l IVG 2 (SmtJY Sctlle l'kighborhood CoHunercitJl District) zoned tJretJ or higher, inclHding ntJmed }V.eighborhood CoH1H1ercitJl districts, tJnd mblst be loctJted in tJn tJretJ with tJdC€Jbl€lte tJccess to services, inclHding bblt not limited to trtJnsit, shoJ3fJi11g, tJnd medictJl facilities; (fv) Recording. The project sponsor must record a Notice of Special Restriction with the Assessor-Recorder that states all of the above restrictions and any other conditions that the Planning Commission or Department places on the property; and (vi) Covenants, Conditions, and Restrictions. If the property will be condominiumized, the project sponsor must provide the Planning Department with a copy of the Covenants, Conditions, and Restrictions ("CC&R") that will be filed with the State. * * * * SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN ALL DISTRICTS. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 39 No use shall be permitted as an accessory use to a dwelling unit in any District that involves or requires any of the following: (a) Any construction features or alterations not residential in character; (b) The use of more than one-third of the total floor area of the dwelling unit, except in the case of accessory off-street parking and loading or Neighborhood Agriculture as defined by Section 102; (c) The employment of more than two people who do trnyperson not resideH1 in the dwelling unit, excluding other thtm a domestic worker serwmt, gardener, or janitor, or other person concerned in the operetion or nqeintenence o.f the dwelling HHit except in the cese &je Cottege Food Operetion, which ellows the entp!:oynient ofone eniployee, not bwlHding efamily member or hoHsehold members ofthe Cottage F'ood Operetion; * * * * 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: (1) Except as limited in application by subsection (f): Provide 30% of units in the HOME-SF Project as HOME-SF Units, as defined herein. The HOME-SF Units shall be restricted for the Life of the Project and shall comply with all of the requirements of the Procedures Manual authorized in Section 415 except as otherwise provided herein. Twelve percent of HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 9% shall have an average affordable purchase price Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 40 set at 105% of Area Median Income; and 9% shall have an average affordable purchase price set at 130% of Area Median Income. Twelve percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 9% shall have an average affordable rent set at 80% of Area Median Income; and 9% shall have an average affordable rent set at 110% of Area Median Income. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, and MOHCD shall reduce the Area Median Income levels set forth herein in order to maintain such pricing. As providedje,, in subsection (e), the Planning Department and MOH CD shall amend the Procedures Manual to provide policies and procedures for the implementation, including monitoring and enforcement, of the HOME-SF Units; (2) Demonstrete to the s6tisfaction of the Environ,nentel Review Officer th6t the HOA{E SF Pr&ject does not: (A) ceuse 6 subst6T9ti6l etf;erse ch6nge in the signifi:c6nce e>ftJ;1q historic resource 6S defined by C6liferni6 Code ofRegul6tions, Title 14, Section 15064. 5; (B) cre6te new sh6tio,~· in 6 m6nner th6t substenti6ll)' e:ffects outdoor recre6tio1q facilities or other public 6re6s; 6nd (C) 6lter wind in 6 m6nner #mt substantielly affects pub/.ic erees; (JJ) 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 Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 41 incorporate family friendly amenities. Family friendly amenities shall include, but are not 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 328 or any other provision of this Code; (41) Does not demolish, remove or convert €tn:y- more than one residential units<; and (J-1..) 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. * * * * 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: * * * * (3) Request for Concessions and Incentives. In submitting a request for Concessions or Incentives that are not specified in Ssubsection 206.5(c)(4), an applicant for an Individually Requested Density Bonus Project must provide documentation described in subsection (d) below in its application. Provided that the Planning Commission delegates authority to review and approve applications for Individually Requested Density Bonus proiects, t~he Planning Director Comn9ission shell hoki e hearing end shall approve the Concession or Incentive requested unless #-the Director makes written findings, based on substantial evidence that: * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 42 (e) Review Procedures. Except as provided in Section 317 or where a Conditional Use Authorization is required to permit a non-residential use, an application for any Individually Requested Density Bonus proiect shall not be subiect to any other underlying entitlement approvals related to the proposed housing, such as a Conditional Use Authorization or a Large Proiect Authorization. !fan entitlement is otherwise required, A-an application for a Density Bonus, Incentive, Concession, or waiver shall be acted upon concurrently with the application for the required entitlement fflhe+,. permits rdated te the Heusing Preject. (1) Before approving an application for a Density Bonus, Incentive, Concession, or waiver, for any Individually Requested Density Bonus Project, the Planning Commission or Director shall make the following findings as applicable. * * * * (2) If the findings required by subsection (egJ..{j.l of this Section cannot be made, the Planning Commission or Director may deny an application for a Concession, Incentive, waiver or modification only if it the Director makes one of the following written findings, supported by substantial evidence: * * * * 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: * * * * (3) Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 43 Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District. (A) Pr&jects in RC Districts er v,,1ithin enc tfbtRrter efR ,nile frem Rn RC er ,VG 2 (SmRll ScRle Neighherheed CemmerciRl District) zened RreR er higher, including Ne:Hwd CeHiHwrciRl Districts, Rnd lernted bi RH RreR with RdequRte Rccess te ser-;ices including hut net limited te trRnsit, shfJj3ping Rnd medicRl facilities, shRll he principRlly permitted. (BJ Prejects in RH Rnd RA/Districts locRted mere thRn enc quRrter efR mile freHi Rn RC or NCD 2 (SmRll ScRle Neighhorheod CemmerciRl District) zened RreR er higher, including ]VRHied CemmerciRl Districts, shRll require CenditienRl Use RuthorizRtien. * * * * (8) Residential Density Exception in RH Districts. (A) Density Exception. Projects located in RH Districts that are not seeking or receiving a density bonus under the provisions of Planning Code Section:Y 206.5 or 206.6 shall receive an exception from residential density limits in the following amounts fer bf:J3 te four dwelling u11its per lot, excluding Gerner Lots, er HfJ te six dwelling units per lot in Gerner Lets, not inclusive of any Accessory Dwelling Units as permitted under this Section 207, provided that the proiect dwelling u11its mee~ the requirements set forth in this subsection (c)(S),.;_ (j) Up to four units per lot, excluding Corner Lots. (ji) Up to six units for Corner Lots (jii) Up to one Group Housing Room per 415 sq. ft. oflot area in RH-I, RH-I (D), and RH-I (S) zoning districts. (8) Eligibility of Historic Resources. To receive the density exception authorized under this subsection (c)(S), a project must demonstrate to the satisfaction of the Environmental Review Officer that it does not cause a substantial adverse change in the Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 44 significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, as may be amended from time to time. Permit fees for pre-application Historic Resource Assessments shall be waived for property owners who apply to obtain a density exception under this subsection (c)(8), if they sign an affidavit stating their intent to reside on the property for a period of three years after the issuance of the Certificate of Final Completion and Occupancy for the new dwelling units. Permit fees for Historic Resource Determinations shall not be waived. (C) Applicable Standards. Projects bttilizing the density excef)tion ofthis 8bthsection (c}(8) tmd thfltf)rm?ide flt kflSt febtr d·wef.ling btnits shflll he sbtbject to fl minimbtm Reflr Yard reqbtirement oftlw greflter &j3()% &jlot depth or 15 feet. All e#te-r building standards shall apply in accordance with the applicable zoning district as set forth in Section 209.1. (D) Unit Replacement Requirements. Projects utilizing the density exception of this subsection (c)(8) shall comply with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to produce at least as many dwelling units as the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. In the case of Group Housing, proiects utilizing this density exception shall provide at least as many bedrooms as the proiect would demolish. (E) Applicability of Rent Ordinance; Regulatory Agreements. Project sponsors of projects utilizing the density exception of this subsection (c)(8) shall enter into a regulatory agreement with the City, subjecting the new units or Group Housing rooms created pursuant to the exception to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception ("Regulatory Agreement"). At a minimum, the Regulatory Agreement shall contain Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 45 the following: (i) a statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) because, under Section 1954.52(b), the property owner has entered into and agreed to the terms of this agreement with the City in consideration of an exception from residential density limits of up to four dwelling units per lot, or up to six units per lot in Corner Lots, or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq.; (ii) a description of the exception of residential density or other direct financial contribution or form of assistance provided to the property owner; and (iii) a description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. The property owner and the Planning Director (or the Director's designee), on behalf of the City, will execute the Regulatory Agreement, which shall be reviewed and approved by the City Attorney's Office. The Regulatory Agreement shall be executed prior to the City's issuance of the First Construction Document for the project, as defined in Section 1 O?A.13.1 of the San Francisco Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded to the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest. (F) Unit Sizes. At least one of the dwelling units resulting from the density exception shall have two or more bedrooms or shall have a square footage equal to no less than 1 /3 of the floor area of the largest unit on the lot. This provision does not apply to proiects where all of the units qualify as Group Housing. (G) Eligibility. Te receiw the dc1qsity cxceptien eutheriwd under this subsectimq (c)(8), preperty mvners must demenstretc th_ef thCJ,' he1,1e awned the letfer whic,"1 they ere seeking the density cxceptien for e minimum r>fene y1eer prier te the til'lw of the submittel of their Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 46 €lf3f)lict1tien. Fer the pHrposes &jestt1blishing eligibility to recei1;1e t1 density exception t1ccording to sHbsectio11 (c) (8) (BJ, B property owner who ht1s inherited tlw sHbject lot, inciHding t1ny1 inheriftlnce in or throHgh B tf'Hst, from B blood, t1doptive, or step family reitltionship, specifict1Uyfrom eitlwr (i) B grt1ndpt1rrnt, pt1rent, sibling, child, or grt1ndchiid, or (ii) the spoHse or registered domestic pt1rtner f>j sHch reitltions, or (iii) the property owner's spoHse or registered domestic pt1rtner {et1ch t1n "Eligible Predecessor"), 1'19€1}' t1dd Bn Eligible Predecessor's dbtrt1tion <>} ownership &j tlw sHb:iect lot to the property 01vner 's dbtrt1tion &}ownership o:fthe Stll'IW lot~ (G) Eligibility. To receive the density exception authorized under this subsection (c)(8). property owners must demonstrate that they have owned the lot for which they are seeking the density exception for a minimum of one year prior to the time of the submittal of their application. For the purposes of establishing eligibility to receive a density exception according to subsection (c)(8)(B}. a property owner who has inherited the subject lot. including any inheritance in or through a trust. from a blood. adoptive. or step family relationship. specifically from either (i) a grandparent. parent. sibling. child. or grandchild. or (ii) the spouse or registered domestic partner of such relations. or (iii} the property owner's spouse or registered domestic partner (each an "Eligible Predecessor"). may add an Eligible Predecessor's duration of ownership of the subject lot to the property owner's duration of ownership of the same lot. This subsection 207(c)(8)(G) shall only apply if at the time of submittal of the application the subject lot contains two dwelling units or more. (HG.l:i) Annual Report on Housing Affordability, Racial Equity, and Language Access Goals. To help the City evaluate whether the implementation of this Section 207(c)(8) comports with the City's housing affordability, racial equity, and language access goals, each year the Planning Department, in consultation with other City departments including the Department of Building Inspection, the Rent Board, and the Office of the Assessor-Recorder, shall prepare a report addressing the characteristics and demographics Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 47 of the applicants to and participants in the program established in said section; the number of units permitted and constructed through this program; the geographic distribution, affordability, and construction costs of those units; and the number of tenants that vacated or were evicted from properties as a result of the permitting or construction of units through this program ("Affordability and Equity Report"). The Affordability and Equity Report shall be included and identified in the annual Housing Inventory Report. The Planning Department shall prepare the report utilizing applicant data that has been provided by program applicants voluntarily and anonymously, and separate from the submittal of an application for a density exception. An applicant's decision to provide or decline to provide the information requested by the Planning Department in order to prepare the report shall have no bearing on the applicant's receipt of a density exception. * * * * SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning Category § References RH-1 (D) RH-1 BUILDING STANDARDS Massing and Setbacks * * * * Front Setback in the Family Housing Opportunity Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS RH-1 (S) RH-2 RH-3 Page 48 1 1 Speeial lJse (;;)istFiet Front Setback Required. Based on avemge of adjaoent pmperties Based §§ 130, 131, 132 in all otheF on the front setback of the adjacent QroQert~ with the Zoning lJse shortest front setback or if subject property has a (;;)istFiets Legislated Setback. When front setback is based on adjacent properties, in no case shall the required setback be greater than .J.J. ..1Q feet. Rear ¥erd fl()) §§ lJ(), B4 J()% e:llef: depth, eul: ii'! 1'!e ease f~% e:P,ef:. depth er- e';er-ege e:f 1 - ,, , ,. - ,. 1 <:: f- - , edjecenl: neighhers. {f . • - .1-- . -· - -A ··- 1--- ,1, '1<::0/ -·· ,- ~· ·o ' "'-' "''-"IJJJ ., • ., ..... ~ ., .., ...... ._, ....... l ~ .feet, 1~1,"1ic,"1e,,•ef is ,greeter. ReaF ¥aFd in i::!i::! '1'lf'\ '1'lA ')A() l'lf'\0/. -~ I-'- rl--H, h ,,_ ;.., ..,,., IA i:::.01_ -~, _.._ _, _ .._,_ -~ ,.,,.----"" ;J ;J ~~. ~ ' - - 1-- V - ----........ , ' __ .. - ~ V ~ _ .. ___ ......... ~ -·- -:::,- the Family -:94 ease less than 15 feet. of adjaeent neighsoFs. If Flousing aveFaged, no less than 25% Opportunity OF 15 feet, 1.vhieheveF is Speeial lJse ,... ___ ... __ ::, ~~-- . (;;)istFiot (12) Rear Yard +A-aU ¢'iS 130 134 30% oflot depth.,_"' but in no case less than 15 feet otheF Zoning lJse (;;)istFiets * * * * Miscellaneous Large Prejeet §-+£ Ir<··--· , ,J f~ .. • -·-··,Inf-~•; •• I.~· 1, - --iv," ~=J~' y ..,_,~ V - V'Jt..,,\.,,I, ,,,,, ........ ,,6 ,,.,. Re-;iew Lmge Prnjeet J;! '),:::. ') C mquiFed fm prnjeets ovm 40 feet in height. v - ~ev.ie\oi< Lmge Prnjeet ~ If' -- - ·--,.,I,:_~---·-_ ... _ - '""~A(),: __ .._'.., h"":-h4- ·.., DLI rY - - ....... -- - r- -J ... _ -·- - __ .. ,-,;;:, . '" - - Review • .... 4,1.._ c,.,-:1 u,., , .... i-- f"'\ .... --~. ,..,;4-, c--,._;,.,1 1 1-- n·-'-~=-'- ·- ..... 1111 -~- •::, -.-.- ,__ "1 -.--·-·-· --- - _ .. ,1- ... /C'--L;"".., '),If) (),I\ "" ---L ~--LL--..,,._"" .... -- ,;..J_..J '.., C'--L=-- ,- - ,_ - -·- " --r-· - _ ... - .. -- .- - . ·- .. _ l')J1() (),1/f\ 1- -·- \ , . * * * * RESIDENTIAL STANDARDS AND USES * * * * Residential Uses Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 49 Residential §§ 102,207,249 Pup to Density, -:-94 1,...-- ,,ni+ ,- - - ,. Dv,elling Units --- 1-L -- -·· in the Family Housing Qpportunity Special Use District(12) Residential §§ 102,207 P uvto Density, one unit - Dwelling per lot-,.. Units i-R--aU or one other Zoning unit ver Use Districts 1J}_QQ (6) (11) square feet of lot area, with no more than three units eer lot. * * * * Residential § 208, 249.94 NP Density, Group Housing in the Family Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Pup to _...,,... ,,ni+ - ,_ - ,. per lot, Cup to one unit ~ 3,000 ,..,..., , ... -- - -. -·-· - ·--.L -l: . - -L --- - --- --, :.LL.. -- .. - mefe tRaR tRfee units per k#. ' Pup to one unit per lot-,..QL G up to one unit per 3,000 square feet of lot area, ,.:,,_ ·-- ... ·~ f1tfH'-e then llhFe-e ,M:+ I""' """u /'~ - ~- NP D ,_ L- D I- .L- -h.a,_ Pup to -r- ·- -r- ·- •• - "·- 1 .... : ... _ ,n:L- --- 1-L r" three units -- ,._ ,_ ·- ,..- ,_ .. , - per lot, if up to one unit per lot, Cup tAe per 1,500 L- --- _;L .. _ - - .... . second square feet of --- -1 ("\/')('\ ~- ,--- ...,;L ·- CU"\('\ lot area. square feet ,_.. .... - --- sq.ft.or of lot area. less, Cup 1.L- --- ,_;., I"'- - ,_ ..,.., -- .. ".l ('\('\('\ ,- - -,--- square l:--L-LI-L __ ... - -· area, 1.!.1ith no more than three -~ ... -__ ... ,- .. ·- r- - let,. Pup to Pup to two Pup to two units units per lot- or three units per lot, if G-up to one per lot- or G the unit per 1,500 up to one second square feet of unit per unit is 600 lot area. 1,000 sq.ft.or square feet less~. orG of lot area. up to one unit per 3,000 square feet of lot area, with no more than three units per lot. NP C, up to one C, up to laedroom for eRe e11ery 415 laedroom square feet of for every lot area. ~ Page 50 ~9l:ISiR§ SE!l:18Fe Q1313eft1:1Rity feet sf let S13ecial ldse 8fe&. QistFiet (12) Residential § 208 NP{l.Ql NP{l.Ql NP{l.Ql Gf.., up to one Gf.., up to Density, bedroom for one Group every 415 bedroom Housing i-R--aU square feet of for every etl=leF JeRiR§ lot area. ldse rnstFicts square feet of lot area. Homeless §§ 102,208 NP NP NP GP Gf_ - - Shelter * * * * (10) Projects utilizing the density exception &}Section 207(c)(8) end thetprmide et leestf-our dwelling units shell be subject to e N'linil'IU£H'l Reer Yard reqblireHtent &j30% ofl-ot depth, but in no C€tse Jess than 15.fcet. Group Housing permitted at one room per 415 sq. fi. of!ot area according to the provisions in Planning Code Section 207(c)(8). * * * * (12) Exce13tas etReF\vise 13mvided iR SectieR 249.94(d). SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning § RM-1 Category Reference s BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS RM-2 RM-3 RM-4 Page 51 Massing and Setbacks * * * * Front §§130,131, Required. Based on average of adjacent properties Based on the Setback front setback of the adjacent property with the shortest front setback or if subject property has a Legislated Setback. When front setback is based on adjacent properties, in no case shall the required setback be greater than .J.J.J..Q feet. Rear Yard §§ 130, 134 #30% of lot depth but in no case 25% of lot depth, but in no case less than 15 feet. or twert1ge of less than 15 feet. t1djt1cent neighbors. lft1-vert1ged, no less tht1n 25% o.f1-ot depth or 15 I.L-, lA;~ 1. .n"I,. .;C1 - 1, ............ ", - l'V '-'1 l'IJ b' tv- - , * * * * Miscellaneous ~ f-2-5-J C required.fhr bblil-tlings over 5 Ofeet i,q height. Project Re,;iew * * * * SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 52 Zoning Category § References BUILDING STANDARDS Massing and Setbacks * * * * Upper Fleer §§ 132. 2, 253. 2 Setbacks * * * * Miscellaneous Large Project §--2-H Re·;iew BHildings O·;er 5() Feet in Height * * * * RC-3 RC-4 [lpperfleer setbacks mtly he reqHired in the 1Verth of 1\larket Residential SUD (§ 132. 2) end the Van lV-etJ'S SUD (§ 253.2:). f;. C Additienel cenditiens tIJ3JJO' in the l'lerth e.f},{arket Residential SUD(§ 132.2) Emel: the Jlfm ,\less S~l-D (§ 253. 2:) SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS. * * * * Table 209.4 ZONING CONTROL TABLE FOR RTO DISTRICTS Zoning Category § References BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS RTO RTO-M Page 53 Massing and Setbacks * * * * Rear Yard §§ 130, 134 45% offot depth or everegc ofedjecent neighbors. If everegcd, no Jess theH 25% 30% of lot depth but in no case less than 15 feet or 15 feet, whichewr is greeter. * * * * Miscellaneous * * * * RestrictioH ofLot ,Wergers § 121. 7 A{erger of fats creetilqg Gt lot greeter theH 5, 000 squere-feet requires GoH:ditioHel tJ.t,,e euthorizetio19. * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning § References PDR-1-B Category * * * * RESIDENTIAL STANDARDS AND USES * * * * Mayor Breed; Supervisors Engardio. Dorsey, Melgar, Safai BOARD OF SUPERVISORS PDR-1-D PDR-1-G PDR-2 Page 54 Residential Uses * * * * Homeless §§ 102,208 C (19)£ C (19)£ C (19)f.. C (19)£ Shelter * * * * (19) DMriJqg fl ticcfflred shelter crisis, Hmneless Shelters thflt Sfltisfj· the pro',dsions ofCelifomifl Govenmient Code Section 8698. 4(a)( 1) shflll be P, principfllly permitted flnd nffJY be permflnent. Otherwise, Hmneless Shelter Hses flre permitted only with Conditionfll Use €luthorizeti011 €l11d 011ly if each such use (a) woblld OfJerflte for no more th€ln.four yeflrs, flnd (b} would be ow11ed or leEISed !Jy, &perated by, flnd/or t1nder the Hf€l1u:1geHwn: or day .to day control ofthe City cmd County &}San Frflncisco. JfsMch fl blse is to be loc€lted within fl building or strblctblre, the bblilding or strblCtblre Hrnst be either (a) preexisting, hflving been completed Etndpreviously eccupied by fl use other thfln Et Homeless Shelter, or (b) temporflry'. Other th€ll1 tJbtflltfjiing Homeless Shelters co11structed duri11g fl decl-€lred shelter crisis, c011strblction ofa permEtnent structure or buildi,qg to be blsed €ls fl Homeless Shelter is not permitted SEC. 249.77. CORONA HEIGHTS LARGE RESIDENCE SPECIAL USE DISTRICT. * * * * (g) The Conditional Use requirement established by subsections (d)-(f) of this Section 249.77 shall sunset on December 31, 2024. After that date, no residential development or expansion of an existing Residential Building shall be permitted in the Corona Heights Large Residence Special Use District that would result in any Dwelling Unit exceeding 3,000 square Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 55 1 1 feet of Gross Floor Area, except where the total increase of gross floor area of any existing Dwelling Unit is less than 15%. SEC. 249.92. CENTRAL NEIGHBORHOODS LARGE RESIDENCE SPECIAL USE DISTRICT. fgl General. A special use district entitled the "Central Neighborhoods Large Residence Special Use District," consisting of the area within a perimeter established by Waller Street, Steiner Street, Duboce Avenue, Sanchez Street, 16th Street, Guerrero Street, 20th Street, Valencia Street, Tiffany Avenue, 29th Street, San Jose Avenue, Mission Street, Alemany Boulevard, Tingley Street, Monterey Boulevard, Joost Avenue, Congo Street, Bosworth Street, O'Shaughnessy Boulevard, Portola Drive, Twin Peaks Boulevard, Clayton Street, Ashbury Street, Frederick Street, Buena Vista Avenue West, Haight Street, and Buena Vista Avenue East, is hereby established for the purposes set forth in subsection (b), below. The boundaries of the Central Neighborhoods Large Residence Special Use District are designated on Sectional Map Nos. ZN06, ZN07, ZN 11, and ZN 12 of the Zoning Map of the City and County of San Francisco. f!ll Purpose. To protect and enhance existing neighborhood context, encourage new infill housing at compatible densities and scale, and provide for thorough assessment of proposed large single-family residences that could adversely impact neighborhood character and affordable housing opportunities, the following controls, set forth in subsections (c)-(g), below, are imposed in the Central Neighborhoods Large Residence Special Use District. ~ Applicability. (1) Except as provided in this subsection (c), the provisions of this Section 249.92 apply to all lots in Residential, House (RH) zoning districts located within the Central Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 56 Neighborhoods Large Residence Special Use District, in those instances where a complete Development Application was submitted on or after January 1, 2022. (2) All applicable provisions of the Planning Code shall continue to apply to Residential Buildings, except as otherwise stated in this Section 249.92. (3) The provisions of this Section 249.92 shall not apply to any lot within the Corona Heights Large Residence Special Use District. ilil Maximum Size of Dwelling Units. For all lots zoned RH within the Central Neighborhoods Large Residence Special Use District, no residential development or expansion of an existing Residential Building shall be permitted that would result in any Dwelling Unit exceeding 4,000 square feet of Gross Floor Area, except where the total increase of Gross Floor Area of any existing Dwelling Unit is less than 15%. ~ Conditional Use Authorizations. For all lots zoned RH within the Central Neighborhoods Large Residence Special Use District, a Conditional Use authorization shall be required for any residential development or expansion of a Residential Building that would result in any Dwelling Unit with a Gross Floor Area exceeding the equivalent of a 1 :1.2 Floor Area Ratio, or would result in any Dwelling Unit exceeding 3,000 square feet of Gross Floor Area, except where the total increase of gross floor area of any existing Dwelling Unit is less than 15%. ill Conditional Use Findings. In addition to the criteria outlined in Planning Code Section 303(c)(1 ), in acting upon an application for Conditional Use authorization within the Central Neighborhoods Large Residence Special Use District the Planning Commission shall also consider whether facts are presented to establish, based on the record before the Commission, that the following criteria are met (1) the proposed project is contextual with the neighborhood, meets applicable Residential Design Guidelines, and seeks to retain any existing design elements; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 57 (2) the proposed project does not remove Rental Units subject to the Residential Rent Stabilization and Arbitration Ordinance; (3) the proposed project increases the number of Dwelling Units on the lot; (4) no Dwelling Unit is less than one-third the gross floor area of the largest Dwelling Unit in a Residential Building; (5) the proposed project does not negatively impact the historic integrity of the property or any existing structure on a lot that is listed in or formally eligible for listing in the California Register of Historic Resources, or has been determined to appear eligible for listing in the California Register of Historic Resources or to qualify as a "historical resource" under CEQA; and (6) the project does not negatively impact the historic integrity of any existing structure on a lot that has been adopted as a local landmark or a contributor to a local historic district under Articles 10 or 11 of this Code, or would render the property ineligible for historic designation as an individual or contributing resource. !gl Calculation of Gross Floor Area. For the purposes of this Section 249.92, the following shall apply in the calculation of total Gross Floor Area: (1) Gross Floor Area shall have the meaning set forth in Planning Code Section 102, except that floor space dedicated to accessory parking shall be included; and (2) Any increase in Gross Floor Area shall include (A) all expansions of the Residential Building for which a building permit was issued within the previous 10 years, except that expansions for which building permits were issued prior to January 1, 2022 shall not be considered, and (B) any Gross Floor Area resulting from construction performed without a validly issued permit regardless of the date of construction. (h) The Conditional Use requirement established by subsections (e)-(f} of this Section 249.92 shall sunset on December 31, 2024. After that date, for all lots zoned RH within the Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 58 Central Neighborhoods Large Residence Special Use District, no residential development or expansion of an existing Residential Building shall be permitted that would result in any Dwelling Unit exceeding 3,000 square feet of Gross Floor Area, except where the total increase of gross floor area of any existing Dwelling Unit is less than 15%. SEC. 249.97. PRIORITY EQUITY GEOGRAPHIES SPECIAL USE DISTRICT. (a) General. A Special Use District entitled the Priority Equity Geographies Special Use District (SUD) is hereby established, the boundaries of which are designated on Sectional Maps SUOl, SU02, SU07, SU08, SU09, SU 10, SU 11, SU 12, and SU 13, o(the Zoning Maps of the City and County of San Francisco. (b) Purpose. The Priority Equity Geographies SUD is comprised of areas or neighborhoods with a higher density of vulnerable populations. The 2022 Update o(the Housing Element of the General Plan (2022 Housing Element) identifies several neighborhoods in the City that qualify as Priority Equity Geographies, based on the Department of Public Health's Community Health Needs Assessment. The 2022 Housing Element encourages targeted direct investment in these areas, and identifies them as requiring improved access to well-paid iobs and business ownership; where the City needs to expand permanently affordable housing investment,· where zoning changes must be tailored to serve the specific needs o(the communities that live there; and where programs that stabilize communities and meet community needs need to be prioritized The purpose of the Priority Equity Geographies SUD is to help implement the goals and policies outlined in the 2022 Housing Element. (c) Controls. In addition to all other applicable provisions of the Planning Code, the specific controls applicable in the Priority Equity Geographies SUD are set forth in Sections 311 and 317. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 59 SEC. 253. REVIEW OF PROPOSED BU!Ll)[NGSAND STRUCTURES EXCEEDING A HEUJHT OF 40 FEET INRHDlSTR!CTS, OR AWRE THAN 50 FEET !NRA/AND RC DlSTR!CTS. (e) Notwithstflndb1g flfl,)' other prmision o.fthis CoflC te #w contrflry, in any RH, RA{, or RC District, esttlblished by the Nse district provisions afArtick 2 of this CoflC, ,vhere,,1er fl height limit of· more thfln 40 feet in fl RH District, or more thfln 50 feet in fl R},1 or RC District, is prescribed by the height flnd bNlk district in which the property· is iocfltcd, flny bNilding or strbtctbtre exceeding 40 feet in height in fl RH District, or 50 Jfcct i,1 height in fl R1\1 or RC District, shflll be permitted only Hpon BJ3Provfll by tlw Plflnning Commission flccording te the procedbtrcs fer conditionfll Nsc Bpprm>'fll in Section 303 efthis CoflC; proviflCd, however, thflt fl bbtilding over 40 feet in height in fl RM~ or RC District ,,vith nwre thfln 50 feet ofstreetfronttlge on thcfrontfe<;flde is Sbt~jcct te the conditionfll MSC reqNircnicnt. (b) Cen1n1is-sien Review e{Prepesals. (I) In rc:iewing ffny sbtch proposfll fer fl bNilding or strMctbtrc exceedi11g 40 feet in height in fl RH District, 50 feet in height in fl R1\1 or RC District, or 40 feet in fl RA{ or RC District where the streetfronttlgc &jthc bNilding is more th,fln 50 feet the Plflnning Commissim1 shflll consiflCr the exprcsscdpbtrposcs &/this Code, o.fthe RH, R},{, or RC Districts, flnd efthe height flnd bNlk districts, !iet fert.11 in Scctim1s I OJ, 209. I, 209. 2, 209. 3, flnd 251 hereof; flS well flS the critcrifl sttltcd in Section 303(c) of this Code flnd the o~jcctiws, policies fl11dprinciples of the Generfll Plfln, flnd 1nay permit fl height o.fsNch bNilding or strbtctMre Hp te bbtt not exceeding the height lin1itprcscribed by #w height flnd bNlk district in which the property is iocfltcd. (2) 1-n reviewing fl prefH'JSfll fer fl bNilding exceeding 5Qfect i,"l RJ,1 flnd RC districts, the Plflnning Con1mission n1ay rcqNire thflt the permitted buYc flnd reqNired setbflcks effl bNilding be flrrflnged te mflinttlin approprifltc scflk on flnd mtJXimiw sNnlight te nflrrow streets (rights of way 40 feet in width or nflrrmvcr) flnd flll-cys. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 60 SEC. 253. RE\/IE'."·' OF PROPOSED BUILDINGS AND STRUCTURES EXCEEDING A HEIGHT OF 40 FEET IN RH DISTRICTS. (a) Notwithstanding any other provision of this Code to the contrary, in any RH District established by the use district provisions of Article 2 of this Code, i.Nherever a height limit of more than 40 feet is prescribed by the height and bulk district in which the property is located, any building or structure exceeding 40 feet in height shall be permitted only upon approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. (b) Commission Revie•.v of Proposals. (1) In reviei..ving any such proposal for a building or structure exceeding 40 feet in height in a RH District the Planning Commission shall consider the expressed purposes of this Code, of the RH Districts, and of the height and bulk districts, set forth in Sections 101, 209.1, 209.2, 209.3, and 251 hereof, as ·.vell as the criteria stated in Section 303(c) of this Code and the objectives, policies and principles of the General Plan, and may permit a height of such building or structure up to but not exceeding the height limit prescribed by the height and bulk district in 1.vhich the property is located. SEC. 253. RE\/IE\".' OF PROPOSED BUILDINGS AND STRUCTURES EXCEEDING A HEIGHT OF 40 FEET IN RH DISTRICTS IN THE FAMILY HOUSING OPPORTUNITY SPECIAL USE DISTRICT. (a) Notvi.'ithstanding any other provision of this Code to the contrary, in any RH District in the Family Housing Opportunity Special Use District (Section 249.94), established by the use district provisions of Article 2 of this Code, wherever a height limit of more than 4 0 feet is prescribed by the height and bulk district in which the property is located, any building or structure exceeding 40 feet in height shall be permitted only upon approval by the Planning Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 61 Commission according to the procedures for conditional use approval in Section 303 of this Code. (b) Commission Reviei.v of Proposals. In reviewing any such proposal for a building or structure exceeding 40 feet in height in a RH District in the Family Housing Opportunity Special Use District, the Planning Commission shall consider the expressed purposes of this Code, of the RH Districts, and of the height and bulk districts, set forth in Sections 101, 209.1, 209.2, 209.3, and 251 hereof, as 'Nell as the criteria stated in Section 303(0) of this Code and the objectives, policies, and principles of the General Plan, and may permit a height of such building or structure up to but not exceeding the height limit prescribed by the height and bulk district in i.vhich the property is located. SEC. 253.1. REV!EWOFPROP-OSED BU!LDINGSAND STRUCTURES IN THE BROAD Us4 YNEI~JJORHOOD COArfAIERCL4L DISTRICT. (a) In the 65 A 1 Height and BHlk District, as designated on Sectional A1ap HT 01 of the Zoning Af&p, any new or expanding bbliltling or strblctblre exceeding 40:feet in height shall be permitted as a Conditio1qal Use 01qly Hpon tlf)f)roval by the Planning Commission. The height r>}tlw bblilding or strbtctblre so €lJ3J3r~wed by the Planning Coniniission shall not exceed 65:feet. (b) In t1bi·t-horizbqg t1ny sbtch prOfJosal for El bbliltling or strblctblre exceeding 40 feet in height, the City Planning Commission shallfind, in t1ddition to tlw criteria r>}Scction 303(c), tht1t the propost1l is cmqsistent with the expressedpbtrposes r>Jt-his Code, of the Brot1tb.vtJy ]Veighhorhood Commercial District, and of the height t1nd bbtlk districts, set forth bi Sections 101, 714, t1nd 251 &}this Code, and that the fellEwing criteria are Hwt: (1) The height r>}the new or expt1nding dci1elOfJHWnt will be compt1tiblc with the indi·i1idbtt1l neighhorhood cht1racter t1nd t-he height t1nd sCtllc o.f the t1djt1cent bbtildings. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 62 1 1 (2) The height €1Hd bulk &jthe Hew er exp€lnding develefH'lwnt wiU be designed te €Jlfow m€Jximum sun €Jccess te ne€Jrbyp€lrks, pl€1Z€JS, m1d n1Gefer pedestri€JH eerridors. (3) The €Jrchitectur€Jl €Ind cuf.turnl ch€Jr€Jcter €Jnd:fe€Jtures e>f existing b1;dldb1gs sh€Jll be preser1i0ed €Ind eHh€JHced. The Histeric Presen€JtieH CemmissieH er its stejfsh€Jll review €JHY prepesed €Jlter€JtieH e>fhisteric reseurces €Jl'ld must detern1il1e th€Jt such €Jlter€Jtiens eemply with the Secret€Jry1 of Interior's St€1nd€lrds for the Tre€JtmeHt ofHisteric Properties before the City €lJ3Proves €JHy1J3ern1its to €liter such buildil1gs. Fer purpeses ofthis sectieH, "histeric reseurces" sh€Jll iHclude Article 10 L€1Hdrn€Jrks €Jl'ld bitildiHgs loc€Jted within Artide 10 Histeric Districts, buildings €1Hd districts identified in surveys €ldopted by the City, buildiHgs listed or peteHti€Jlly eligible for iHdividu€Jl listing en tlw ,\T€JtieH€Jl or C€lliferni€J Registers, €1Hd buildings loc€Jted 1vithiH listed er potenti€Jlly eligible lVation€Jl Register or C€lliferni€J Register histeric districts. The Pl€1HHing Dep€lrtrneHt sh€1ll €Ilse ceHsult m€Jteri€Jls €J'?€Jil€1ble through the C€1lifemi€J Historic€Jl Reseurces Inferm€Jtien Syste,n (CHRIS) €J11d br,,ieHtory te determiHe eligibility. SEC. 253.2. REVIEW OF PROPOSED BU!LDINGSAND STRUCnTRES L7V THE Js4N NESS SPECL4L USE DISTRICT. (a) Sethee!iS. In the Vim Ness Speci€Jl Use District, €JS design€Jted on Sectient1l J.{ap 2SU of the ZoHiHg A{ap, €Iii)' new eeHstruction exceediHg 50 feet iH height or €Jny €literation th€Jt would c€Juse €J structure to exceed 50 .feet in height sh€Jll be permitted eHly1 €JS t1 eeHdition€Jl use upo11 €lfJJ3rovt1l by the Pl€1m1ing Con1n1issien t1ccerdiHg te SectieH 303 of this Cede. When €Jcting OH t1ny coHditieH€Jl use €lf3fJlict1tieH pursut1Ht to this Section, the City Plt1HHing CemmissioH mey inqpose #w f-olle·wing requirements iH t1dditien te t11iyi ethers dee,1ned €lfJfJ1"6fJ-rit1te: (]) On Vim Nes-sA1,•enue. The Pl€lnHing Conm1ission mey require ti seth€lck fJ:fup te 20 feet t1t t1 height fJj50 feet er €lbm·e for t1ll erpertiens fJjt1 buil-ding ifit detern1iHes tht1t this requiremeHt Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 63 is l'Wcesstlr)' in erder to mBintBin the centinuity afthe prevBiling street wtlll height estBblished by the existing buildings Bleng Van ]Vess A-..·enue within twe bkJcks afthe prepesed buikiing (2) On Pine, Stter-Rmente, Chly, Was.'tingtm1 llnd Cllllf(Jrnill Streets. The Pkmning Cemmissien may re€Juire €l seth€lck of 'blfJ te 15 feet fer Bil er €l pertien a}El buikiing en Bny let €lbutting Pine, S€lcrGmwnto, Cf.tty, C€lliferni€l €Inti Washington Streets which fot is foc€lted within the Van lV-ess SpeciBl Use District in erder to preserve the existing 1i1iew cerriders. (3) On NHFrlJW Streets llndAlleys. The Pkmning Cemmissien n1ay· re€Juirc thElt the permitted butk €Inti re€Juired sethBcks a/El buitding be Brr€l11gcd to nrninttlin afJf)rfJj3ri€ltc sc€lk en €Ind l'l1€lXimice sunlight to nBrrew streets (rights ~f way 40 feet in width er ntlrrewer) €Ind Blfoys. SEC. 253.3. REV!EWOFPROPOSED BU!LDINGSAND STRUCTURESABOVE26 FEET NOT EXCEEDING 40 FEET IN THE NC S/LAKESHORE PLAZA SPECL4L USE DISTRICT. (a) IN the 26 40 XHeight €Inti Bulk District, €ls designBtcti en Scctie11€ll A1ap HT13 afthe Zcmb1g A{ap, Bny new er exp€l11ding buikiing er structure exceeding 26:feet in height slwll be permitted €IS €l CenditienBl Use enly upen afJf)revBl by the PlB1ming Cemmission. The height ofBn)' budding er structure se afJf)revcd by the Phmning Cen1missien shBU net exceed 40:feet (b) I,1 €luthericing Bny such prepes€ll for €l budding er structure exceeding 26 feet b1 height, the Pf.€l1111b1g Cmnmissien shBlljind th€lt, in €ldditien to the critcri€l ofSectien 303(c), the prfJJ3es€ll is censistent with the expressedpurpeses of this Cede, the IVG S District, the LBkeshere PftfEtl: SpeciBl Use District, €Inti the height €Inti bulk districts €lS set forth respectively in Sectiens l 01, 713, 780 Bnd 251 of this Cede. SEC. 305.1. REQUESTS FOR REASONABLE MODIFICATION - RESIDENTIAL USES. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 64 * * * * (d) Request fer Administrative Review Ret1se1u1hle Al8difkt1tie11 Ne Het1r-b1g. In-en cjffJrt to To expedite the processing and resolution of reasonable modification requests, any request under Section 305.1 thet is consistent ·with the criterie in this section may receive administrative review and approval and. Re€fblests for Hiodt.ficetions thet meet the re€Jblirements for edHiinistretiw reviev; does not require public notice under Section 306 of this Code. (1) Pt1r-king, Where Ne P!tysict1l Structure Is PFepesed. O;ie perking SfJ€1:Ce Hu1y he considered for en edministretiw reesonehie rnodt.ficetion pro--;ided t."1:et the perking SfJ€1:Ce is ,wcessery to echieve the eccommotietion end thetprotJerty does not etreedy iliclblde e perking SfJ€1:Ce. Exccf)tions m&y he consideredfrom reer yerd e,id t."1:e front setheck reGJblirements if necessery' to eccoHrnwde:te #w fJ€1:rking SfJ€1:Ce. /19: revie~t1ing en edministretive reesonehie modt.ficetion re€Jblestfor perking, the Zoning Administretor is eblthorized to el-/.ow the perking SfJ€1:Ce for blfJ tofh1e yeers, et the end of which period t."1:e &fJfJlicent m&y renew the temf)orery blse for edditionelfi,;;e yeer periods. (2) Acces-s Rt1n1ps. One or more eccess remfJs, defined in Building Code Section 111 4A m&y he considered J~r e,i edministretive reeso,iehle Hwdificetion provided t.'1:et t.'1:e eccess remfJ is designed e,id constrblcted to meet the eccessihility provisions in either t.'1:e Celifomie Bbtilding Code or the Celifernie Historicel Building Code end is eesily remo·,rehle ·when the re:mp(s) ere no longer needed fer the re€Jblested modt.ficetion. (3) Elew118rs. One eievetor, wit.'1 dimensions defined in Building Code Section 112 4A, HWY he considered for en ed,ninistretiw reesonehle modt.ficetion provided t.'1:et t.'1:e elevetor strblctblre is not ·;;isihlefrom the public right &jw&y e,id is set heck e minimblm &fl O feetfrom the prOfJerty line, end that the eleve:tor is necessary' to access l''esidenf.ial uses &}the building and t-o echiere the €1:CCOH9HWde:tion re€fuested. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 65 (1) AdditienR:l Hllbitll:ble Spnee. Additianel hehitehle space may he censidered for en edniinistretiw reclSm1ehle madificetian pravided that the edditianel hehiteble SJ3clCe daes nat resuU in the edditia11 afe 11ew dwellin:g u11it ar require exJ3ensian heyand th.e perniitted huildbig envelepe. (e) All Ot.'u, Requests ftJF Ret1Sennble Al8difientien Ztming Administfflte, Rel>'iew nnd (1) Stllndnm VRFinnee il)peeedu,e With Hen?ing. Requests fer reesaneble nwdificetions that do 11ot fell within suhsection (d) shell he considered by the Zanbig Admbiistretar, who will make the final decision through the existing variance process described in Scctia,1 305. (2) Public NtJtiee ~f n Request fe, Rensennble AltJdijientien. l'lotice fer reesaneble modifications thetf-ell with subsection (e)(l) ere su&ject ta the natice requirements ofScction 333 af th.is Code. lfthe request for reesonehle modification is pert afe lerger RJ3J3!:icetian, then the naticing can be co111bined (~) Determination. (1) Zoning Administrator Authority. The Zoning Administrator is authorized to consider and act on requests for reasonable modification, i.Nhether under Subsection (d) or Subsection (e). The Zoning Administrator may conditionally approve or deny a request. In considering requests for reasonable modification under this Section 305.1, the Zoning Administrator shall consider the factors in gsubsection (~)(2). (2) Criteria for Modification. When reviewing a request for reasonable modification, the Zoning Administrator shall consider whether: (A) the requested modification is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws; (B) the requested modification will directly enable the individual to access the individual's residence; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 66 (C) the requested modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy a dwelling; (D) there are alternatives to the requested modification that would provide an equivalent level of benefit; (E) the requested modification will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined under federal and state fair housing laws. (F) the requested modification will, under the specific facts of the case, result in a fundamental alteration in the nature of the Planning Code or General Plan, as "fundamental alteration" is defined under federal and state fair housing laws. (G) the requested modification will, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others. (3) Residential Design Guideline Review. If the proposed project is in a zoning district that requires residential design guideline review, the Department shall complete the design review and make appropriate recommendations, while also accommodating the reasonable modification. Approvals are subject to compliance with all other applicable zoning or building regulations. (4) Historic Resource Review. If the proposed project would affect a building that is listed in or eligible for listing in a local, state, or federal historic resource register, then the modifications, either through the administrative reasonable modification process or the standard reasonable modification variance procedure, will be reviewed by the Planning Department's Historic Preservation Technical Specialists to ensure conformance with the Secretary of the Interior Standards for the Rehabilitation of Historic Properties. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 67 (5) Written Decision. Upon issuing a written decision either granting or denying the requested modification in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2. (g) Fees. The Department may charge time and materials costs incurred if required to recover the Department's costs for providing services. The fee for a reasonable modification request is the fee for a variance set forth in Section 352(b) of this Code. If an applicant can demonstrate financial hardship, the Department may waive or reduce the fee pursuant to Section 3500} 352(e)(2) of this Code. SEC. 311. PERMIT REVIEW PROCEDURES. (a) Purpose. The purpose of this Section 311 is to establish procedures for reviewing building permit applications 1,.vithin the Priority Equity Geographies SUD (Section 249.97) and RH Districts in the Family Housing Opportunity Special Use District (Section 249.94)Jo determine compatibility of the proposal with the neighborhood and for providing notice to property owners and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. (b) Applicability. ill Within the Priority Equity Geographies SUD and RH Districts in the Family Housing Opportunity Special Use DistrictExcept es i.wi:ic€lted in this suhsecti<m (b), all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for €l ch€lnge of use; est€lhlishment of€l M:icro Wireless Tekcommtmic€ltions Scr,·ices Facility; est€lhlishment ofe FormuH:1 Reteil Use; demolition, new construction, or alteration of buildings;=- Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 68 trnd #w rcmowxl oft1n t1uthorizcd or unt1uthorizcd rcsidcntit1l unit, shall be subject to the notification and review procedures required by this Section 311. In t1ddition, with_ the exception e;f Grt1ndfathcrcd A1CDs conwrting to C€lnnt1bis Rctt1il use pursut1nt to Section 190(a), t1ll building perm it epplict1tions tht1t would cstt1hlish Ct11mt1his Rct€lil or Afedict1l C€lnnt1his Dispc11st1ry uses, rcgt1rdless of z011ing district, sht1ll he subject to the notif-ict1tion t1nd rc·;icv,z procedures required hy this Section 311. ll/otwithstt1nding the foregoing or €111)' o#wr rcquircnicnt of this Section 311, t1 cht1ngc f>jusc to t1 Child C€lrc Ft1cilit), t1s defined in Section 102, sht1ll not he subject to the re.dew requirements e;f this Section J..J..1-:. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. 1Votwithst€lnding the foregoing or t1ny other rcq1,drcmcnt f>}this Section 311, ti cht1ngc f>jusc to t1 principally permitted use in t1n IVG or lVCT District, or in t1 limited con1mcrcit1l use or t1 liniitcd comer con1mcrcit1l use, €IS defined in Sections 186 t1nd 231, rc8pccttvcly, sht1ll not he subject to the review or notice requirements &}this Section 311. l¥otwithst€lnding the foregoing or t1ny other requirement ofthis Section 311, h1,dldingpcrn1it eppliC€1tions to cht1ngc t1ny existing Automotive Use to tm Electric Vehicle Cht1rging Loct1ti011 sht1ll not he subject to the review or notif-ict1tion requirements ofthis Section 311. (I) Cll€lngc of Use. Subject to the forcgoingpr01i1isions ofsuhscction (/:J), fer the purposes of this Section 311, ti cht1ngc f>}usc is defined €IS fallows: (A) Rcsidentit1l, IV.C, t1nd l'>/CT Districts. For t1ll Rcsidc11tit1l, NC, t1nd l'·ICT Districts, ti cht1ngc f>jusc is defined €IS ti cht1ngc to, or the t1ddition of; t1ny o.fthc followilig !€Ind uses t1s defined in Section 102 of this Code: Adult Busilicss, Bt1r, Cmmt1his Rctt1il, Gcl'lcrt1l Entcrtt1inmcnt, Grobtp Housing, Limited Rcst€lurt111t, Liquor Store, },lesst1gc EstEtblishmcnt, },fedical CaNnahis Dispensary, 1Vighttimc Entcrt€liHl'l1CJ1t, Outdoor Activity Arct1, Post Secondary· Educt1tional Institution, Pri;1t1tc Community Ft1cility, Public Community Ft1cility, Rc!:igious Institution, Rcsidc11tit1l Ct1rc Ft1cility, Rcstt1urt111t, School, Toht1cco Par€l]9hcmt1lia Estt1hlishnwnt, Trnde School, t1nd Wireless Mayor Breed; SupeNisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 69 Tekconunblnic€ltions Fecility. A chenge &jblsefrom e Resteur€lnt to €l Liniitcd Resteblrent sh€lll not be !>wbject to t,lqe provisions &}this Section 311. Any eccessory message blse in t,lqe Oceen Avenble l1/-eighborhood Commerciel Trensit District sh€lll be Sblbject to the provisions &}this Section 311. A chengc o.f blse to e principelly permitted blse in en ,VG or ,VCT District, or in e liniitcd c01nmerciel blse or e liniitcd corner conunerciel blse, es defined in Secti011s 186 €lnd 231, respecth,ie/y, shell 11ot be sblbject to the provisions &jt.'1is Section 311. (i) Exception. 1"/-etwithstending sblbsection 311 (h)(l)(A), bi the geogrBphic ere€ls identified in sblbsection 311 (h)(l)(A)(ii), bblildingperniit BPJ3licetions.fer e chenge o.f blse to the .following b/Ses shell be exccptcdfroni the provisions o.fsblbsecti011s 311 (d) €lnd 311 (e): B€lr, General Entert€li11nwnt, Liniited Rest€lblrant, Liqblor Store, A/assage Establishment, ll/ighttinw Entert€linnwnt, 0bltdoor Acti>.1ity Are€l, Privete Com111blnity F'acility, Pblblic Community Fecility, Restaurent, €lnd Tebecco P€lrBphern€lli€l Est€lblishment. (ii) Subsecti011311 (h)(l)(A)(i) sh€lll BPJ3ly1 to l'leighborhood Comnwrci€ll Districts €l11d Liniited Conrnwrci€ll Uses in t.'1e following gcogrBphic €lre€ls: Are€l 1: sh€lll coniprise ell 0:f th€lt portion of the City· €lnd County· comme11cing €lt t.'1e point of the intersection of the shoreline &jt.'1e P€lcific Ocee11 €lnd €l str€light line extension &}Lincoln Way, endproceeding e€lsterly· elong Lincoln Way to 17th Awnue, €lndproceeding southerly· €llo11g 17th Awnue to JudB:h Street, €l11dproceeding westerly· €llong Judeh Street to 19th A·,,ienue, €lndproceeding southerly· el01qg 19th A·,,ienue to Slo€lt Boukv€lrd, end proceeding Hiesterly· €llong Slo€lt Boblkv€lrd, €lnd following €l str€light line extension &jSlo€lt Bouleverd to the shoreliJie of the P€lcific Occ€ln €lndproceeding northerly· €llong S€lid line to t.'1e point &}commencement. Are€l 2: sh€lll coniprise €lll o:fth€ltportion ofthe City· €lnd County· comnw11cing €lt the point o:ft.'1e i11tersection &JJ.1mipero Scrr€l Bouk 1?€lrd €lnd Brotherhood W~y, €lnd proceeding nort.'1erly· €llong the eesteni edge ofJHnipero Scrr€l Boulcverd te G€lrjield Street, €lnd proceeding e€lsterly· €llong G€lrjield Street to Grtt.feon Avenue, €lnd co11tinuing e€lsterly· elong Grf!fkm Mayor Breed; SupeNisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 70 Avenue te ,Haunt Vemcm Avenue, end13receedi1ig eesterly eleng }hmnt Veme,i A..,•enue te Hewth Street, e1qd13receedi1ig nertherly eleng Hewth Street te Geneve Avenue, endpreceeding eesterly eleng Geneve Avenue te lnterstete 280, endpreceeding nertherly eleng lnterstete 280 te the streight line extensien ef'Tingley Street, endpreceeding seutherly eleng seid line te Tingley Street, endpreceeding seutherly ele,qg Tilqgley Street te Aleme1qy Beu/e>,mrd, endpreceeding et1:sterly eleng Alemt1:l'l)' Beulever-d te Ce,igtien Street, endpreceeding seutherly eleng Cengdcm Street te Silwr Arenue, e1id preceeding eesterly eleng Silver Awnue te },1adisen Street, endpreceedil'lg seutherly ele1qg A{edise1i Street te Burrmvs Street, endpreceeding westerly eleng Burrm1,1s Street te Pregue Street, end preceeding seutherly eleng Pregue Street te Persie Avenue, midpreceeding ,,.,1esterly eleng Persit1 Avenue te Athens Street, endpreceedilig seutherly eleng Athens Street te Geneve A 1,,ienue, e1qtf: preceeding etISterly t1:leng Geneve Arenue te the inter~ectien efGene1.;e Awnue t1:nd Ctlrter Street, end preceeding westerly eleng the seuthet1:stem beund€lry1 o:fCensus Trect 0263. 02, Bleck 3005 te the Sen Frencisce/Sen },1atee ceunty herder, endpreceeding westerly t1:leng the Soo Fre,wisce/SGl:n Afatee ceunty herder te St1i1it Chtlrles A venue, e1id13receeding nertherly t1:leng Seint Cher/es A venue te lntersttf:te 280, t1:nd13receeding nerthet1:sterly ele1ig lnterstt1:te 280 te t1 nertherly streight line extensien te Ori0ebe Arenue, t1:nd13receeding 1<1ertherly eleng seid line te Alemt1:l'ly Beuleverd, endpreceeding westerly eleng Alemt1:ny Beule..,•t1:r-d te Bretherheed W~y, tll'ldpreceeding westerly· ele;qg Bretherheed Way te the peint ef cemnwl'lcement. (iii) Exceptie,i /or the Ocet1:n Awnue Neighberheed Cemmerciel Trensit District. Netwithstt1:ndi1qg subsectien 311 (8)(1)64), building permit BfJfJliCtitiens in the Oceen Awnue Neighberhood Cemmerciel Trensit District /er t1 chenge of use te the /ellewing uses shell be excepted fr-om the JHe..,·isions efsubsections 311 (d) t1:nd 311 (e): Genertil Enterttf:inment, Limited Resttf:blrtJHt, ,\Tighttime Entertt1:inment, Outdoor Activity Aret1, Privete Cemmunity Fecility, Public Conununity Fecility, Restt1:urtI1<1t, end Tebecco Ptlrtiphemt1:lie Estt1:blishment. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 71 (BJ Eastern lVeighhorhood }.fixed Use Districts. In ell Eestem Neighhorhood ,\fixed Use Districts e change &j use shell he defined es e change in, or edditio1q of; e new le1qd use cetegery A "Jemd use category·" shell mean #lose cetegories used to organize tlw indi)·iduel 1£,,nd uses that eppeer in #w use teaks, inunedietely preceding e greup &j indtviduel 1£,,nd uses, including hut net limited to the /ollowi,qg: Residential Use; Institutional Use; Retail &ks end Service Use; Assemhly, Recreation, Arts endEnterteinment Use; Office Use; Live/W-0rk Units Use; ,Weter Vehicle Services Use; Vchick Perking Use; Industrial Use; Henw end Business Service Use; or Other Use. <2} Within the Family Housing Opportunity Special Use District lo RH zoning districts within the Family Housing Opportunity SUD, projects that do not meet the eligibility criteria in subsection (c) of Section 249.94 are subject to the controls in subsection (b)(3). (3) In all Other Projects in Residential, NC, NCI. and Eastern Neighborhoods Mixed Use Districts. All building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts that propose any of the following shall be subject to the notification and review procedures required by this Section 311. (A) Any vertical alteration, unless at least one new unit is being added. (8) Any alteration to a single-family house that increases the building's Gross Square Feet to more than 3000 sq. ft, or a 25% increase of the existing Gross Square Feet, whichever is greater. (C) Any demolition or new construction that does not result in the addition of at least one new unit. (~) Alterations. For the purposes of this Section 311, an alteration shall be defined as an increase to the exterior dimensions of a building except those features listed in Section 136(c)(1) through Section 136(e)(24) end 136(c)(26), regardless of whether the feature is located in a required setback. In addition, en eheretien in RH, RM:; e1qd RTO Districts shell also Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 include the reme'.it1l ofnwre tht1n 75% oft1 residentit1l building's existing intcrier ,Ft1llfr€11'ning er the renw'Pt1l ofn1ere tht1n 75% of the t1ret1 ofthe existingfrt1n1iT1g. (3) ,\1icro Wireless Tclecemmunict1tions Ser.rices Ftwilities. BuildiT1gpermit epplict1tions for the estt1blishnwnt oft1 l,1icre Wireless Tcl-ccemmunict1tiens Services Facility, other tht111 ti Ten1pert1ry Wireless Tclecemmunict1tions Services Fecility, sht1ll be subject tfJ tlw revic-w precedures required by this Scctien. Pursut1nt tfJ Sectien 205. 2, epplict1tiens fer Tempert1ry· Wireless Telecon1munict1tiens Ft1cilities te be eperntcd for cemnwrcit1l purpeses fer nwre tht1n 90 dttys sht1ll t1lso be subject te the re·.riew precedures required by this Scctien. * * * * SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION. * * * * (c) Applicability; Exemptions. (1) Within the Priority Equity Geographies Special Use District (Section 249.97) and RH Districts in the Family Housing Opportunity Special Use District (Section 249.94)._ Agny application for a permit that would result in the Removal of one or more Residential Unit or Unauthorized Units is required to obtain Conditional Use authorization. (2) Outside the Priority Equity Geographies Special Use District and RH Districts in the Family Housing Opportunity Special Use District any application for a permit that would result in the Removal of one or more Residential Units or Unauthorized Units is required to obtain Conditional Use authorization unless it meets all the following criteria: 'A The units to be demolished are not tenant occu ied and are without a histor ofevictions under Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within tb..e_last afule. years. and have not been vacated within the past five years pursuant to a Buyout Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9(E)(h),· (B) No more than t\vo units that are required to be replaced per subsection (E:) of this Section 317 would be removed or demolished that are:-;- (i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower- or very low-income within the past five years; or (ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past five years; or (iii) rented by lower- or very low-income households within the past five years; (C) The building proposed for demolition is not an Historic Building as defined in Section 102, and further provided that if the building proposed for demolition was built a.f:tef before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102; For the purposes of this subsection (c)(2)(C), an "Historic Building" shall also include any building located in an historic district listed in Article 10 any building that is a contributor to a district that is listed in or determined eligible for listing in the California Register of Historical Resources or the National Register of Historic Places; (D) The proposed proiect is adding at least one more unit than would be demolished,·-aRfJ. (E) The proposed proiect complies with the requirements of Section 66300(d) of the California Government Code. as may be amended from time to time, including but not limited to Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 74 requirements to replace all protected units, and to offer existing occupants of any protected units that are lower income households relocation benefits and a right offirst refusal for a comparable unit, as those terms are defined therein-:~ (F) The project sponsor certifies under penalty of perjury that any units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within last five years, and have not been vacated within the past five years pursuant to a Buyout Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9E(h); and (G) The project sponsor has conducted one pre application meeting prior to or within 20 days of filing a development application. Following submission of a development application, t+he Planning Department shall not determine accept a development application to be complete without confirmation that the project sponsor has held at least one pre application meeting conforming to the requirements of this subsection (c)(2)(G) and any additional procedures the Planning Department may establish. The project sponsor shall provide mailed notice of the pre application meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C), as well as posted notice as set forth in Planning Code Section 333(e)(1 ). district, the project's resulting units will meet the unit configuration requirements of Section 24 9.94 (c)(4 ). zonin within the Family Housing Opportunity Special Use District (Section 249.94), the requirements of Section 249.94 shall control. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 ~31-) For Unauthorized Units, this Conditional Use authorization will not be required for Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized under any applicable provision of this Code. The application for a replacement building or alteration permit shall also be subject to Conditional Use requirements. ~4-J) The Conditional Use requirement of &subsubsection~ (c)(1) and (c)(2) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after March 1, 2016, and (B) any permit issued for Removal of an Unauthorized Unit prior to March 1, 2016 that has been suspended by the City or in which the applicant's rights have not vested. (§aJ) The Removal of a Residential Unit that has received approval from the Planning Department through administrative approval or the Planning Commission through a Discretionary Review or Conditional Use authorization prior to the effective date of the Conditional Use requirement of S~ubsection~ (c)(1) or (c)(2) is not required to apply for an additional approval under this Section 317. Sbtbsectien (e)(l). (Ze4) Exemptions for Unauthorized Dwelling Units. The Removal of an Unauthorized Unit does not require a Conditional Use authorization pursuant to S~ubsection~ (c)(1) or (c)(2) if the Department of Building Inspection has determined that there is no path for legalization under Section 106A.3.1.3 of the Building Code. (§+J.) Exemptions for Single-Family Residential Buildings. The Demolition of a Single-Family Residential Building that meets the requirements of Ssubsubsection (d)(3) below may be approved by the Department without requiring a Conditional Use authorization pursuant to in subsection (c)(J) or (c)(2). ffiU) Exception for Certain Permits Filed Before February 11, 2020. An application to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1(D) District that is demonstrably not affordable or financially accessible housing, meaning housing Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 that has a value greater than 80% than the combined land and structure values of single- family homes in San Francisco as determined by a credible appraisal made within six months of the application to demolish, is exempt from the Conditional Use authorization requirement of S~ubsection~ (c)(1) or (c)(2), provided that a complete Development Application was submitted prior to February 11, 2020. * * * * SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * (b) Waiver or Reduction, Based on Housing Affordability. (1) An affordable housing unit shall receive a waiver from the Rincon Hill Community Infrastructure Impact Fee, the Market and Octavia Community Improvements Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee, the Transportation Sustainability Fee, the Residential Child Care Impact Fee,. the Central South of Market Infrastructure Impact Fee, and the Central South of Market Community Facilities Fee if the efferdt1hle housing unit: (A) the affordable housing unit is affordable to a household earning up to 120% €lt or below 80% of the Area Median Income (as published by HUD), including units that qualify as replacement Section 8 units under the HOPE SF program; (B) the affordable housing unit will maintain its affordability for a term o{no less than 55 years, as evidenced by a restrictive covenant recorded on the property's title,· Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 7 (C) the Pro;ect sSponsor demonstrates to the Planning Department staff that a governmental agency will be enforcing the term of affordability and reviewing performance and service plans as necessary, and (D) all construction workers employed in the construction of the development that includes the affordable housing unit are paid at least the general prevailing rate ofper diem wages for the type of work and geographic location of the development. as determined by the Director of Industrial Relations pursuant to Sections 177 3 and 177 3. 9 ofthe Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate under the terms and conditions of Labor Code Section 1777.5. (BJ is subsidized, AKJHCD, the San Frtmcisco Housing Authority, the Departnw,it &jHonielessness and &ttYfJOrtiw Housing, and/or the Office &jCommunitJ,· Investment and I,efrastructure or any future successor egency to t.71:ose listed herein; and (C) is subsidized in a manner which mainl€lins its efferdability.for a term no less than 55 years, whet.71:er it is a renl€ll or ownership opportunity. Project sponsors must demonstrate to t.71:e Pl€lnning Def)€lrtment stRf[t.11€lt a gmemmental agency ,Fill be enforcing t.71:e term &jefferdabilitJ,· and reviewing perfernumce end ser1i1ice plans es necessery. * * * * (5) This waiver clause shall not be applied to units built as part of a developer's efforts to meet the requirements of the lnclusionary Affordable Housing Program, Sections 415 or 419 of this Code or any units that trigger a Density Bonus under Cal~fomia Govenunent Code Sections 65915 65918. * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 78 Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE NC-1 Zoning Category § References Controls BUILDING STANDARDS * * * * Miscellaneous Lot Size (Per §§ 102, 121.1 P Np to 4, 999 square feet,· C 5, 000 square feet and Development) §§ 102,121.1 tthtwe Lot Size (Per P(2} Develogment) * * * * * * * * (2) [Note deleted.] C for 5,000 square feet and above if located within the Priority Equity Geograghies Sgecial Use District established under Section 249.97. * * * * SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE Zoning Category § References BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS NC-2 Controls Page 7 * * * * Miscellaneous Lot Size (Per §§ 102, 121.1 P bt:fJ to 9, 999 S€fbl€lre feet; C 10, 000 SEJ:bl€lre feet €ll9ti Develepnient) §§ 102, 121.1 tthtWe Lot Size (Per P(2) Development) * * * * * * * * (2) [Note deleted.] C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. * * * * SEC. 713. NC-S-NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE Zoning § References Category BUILDING STANDARDS Massing and Setbacks Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS NC-S Controls Page 80 Height §§ 102, 105, 106, 250- Varies, but generally 40-X. and Bulk 252, 253.3, 260, 261.1, 270, 271. See Lekeshore Pf60e SUD requires C for Limits. also Height and Bulk District Maps buikldngs eb01;1e 26 Jfcet (1). See Height and Bulk Map Sheets HT02-05, HT07, and HT10-13 for more information. Height sculpting required on Alleys per§ 261.1. * * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning § References Category BUILDING STANDARDS Massing and Setbacks Height and §§ 102, 105, 106, 250- Bulk Limits. 252,253.1, 260,261.1, 270,271. See also Height and Bulk District Maps Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Broadway NCD Controls 40-X and 65-A. In 65 A Districts, P /;/fJ to 40:fe., C 40 to 65 feet See Height and Bulk Map Sheet HT01 for more Page 81 information. Height sculpting required on Alleys per § 261.1. * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE North Beach NCD Zoning Category § References Controls BUILDING STANDARDS * * * * Miscellaneous Lot Size (Per Development) §§ 102, 121.1 Pup to 2,499 square feet; C 2,500 square feet and aboveilfil * * * * (15) P where existing use is any Automotive Use. (16) C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 8L ZONING CONTROL TABLE Polk Street NCD Zoning Category § References Controls BUILDING STANDARDS * * * * Miscellaneous Lot Size (Per §§ 102,121.1 Pup to 2,499 square feet; C 2,500 square feet Development) aREI aeoi..ie,(jl) * * * * (11) P where existing use is any Automotive Use. (12) C for 2,500 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. SEC. 750. NCT-1- NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. * * * * Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE Zoning Category § References BUILDING STANDARDS * * * * Miscellaneous Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS NCT-1 Controls Page 83 1 1 Lot Size (Per Development) §§ 102, 121.1 Pup to 4,999 square feet; C 5,000 square feet and above !1ll * * * * (11) P where existing use is any Automotive Use. (12) C for 5,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT Zoning Category BUILDING STANDARDS Massing and Setbacks ZONING CONTROL TABLE Mission Street NCT § References Controls Height and §§ 102, 105, 106, 250- Bulk Limits. 252,253.4, 260, 261.1, 270, 271. See also Height and Bulk District Maps Varies. See Height and Bulk Map Sheet HT07 for more information. BMildings abevc 65 feet reqMif'e C. Height sculpting Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS required on Alleys per§ 261.1. Page 84 * * * * SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Chinatown Community Business District Zoning Category § References Controls BUILDING STANDARDS * * * * Miscellaneous Lot Size (Per § 121.3 P blf3 to 5, 000 Stj .. fi.; C 5, 001 Stj. fi. & €180'?6 (]) DevdopHwHt) §121.3 P up to 5,000 sq. ft.; C 5,001 sq. ft. & above (1) Lot Size (Per Development) * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * Table 811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE Chinatown Visitor Retail District Zoning Category § References Controls BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 85 * * * * Miscellaneous Lot Size (Per DeveHJf)11Wnt) § 121.3 P up to 5, 000 sq. ji.; C 5, 001 sq. ft. & e/Jme Lot Size (Per Development) § 121.3 P uo to 5 000 so. ft: C 5 001 so. ft. & above * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Chinatown Residential Neighborhood Commercial District Zoning § References Controls Category BUILDING STANDARDS * * * * Miscellaneous Lot Siz:e (Per § 121.3 Pup to 5,000 sq. ft.; C 5,001 sq. ft. & e/Jove De 1.•eleJHNe19t) § 121.3 Pup to 5,000 sg. ft.; C 5,001 sg. ft. & above Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 86 Lot Size (Per Development) * * * * Section 4. Amendment to Specific Zoning Control Tables. Zoning Controls Tables 714, 715, 716, 717, 718, 719, 724, 725, 727, 728, 729, 730, 742, and 756 are hereby amended identically to the amendment of Zoning Control Table 710 in Section 3 of this ordinance, to remove the zoning control under Miscellaneous, Lot Size (Per Development) as follows: * * * * ZONING CONTROL TABLE Zoning Category § References BUILDING STANDARDS * * * * Miscellaneous Let Si0e (Per De'lel-epl'nent) §§ 102, 121.1 * * * * Controls P up te 4,999 StJbtfl:refeet; C 5, 000 Sfj1ifl:Pe feet fl:'l'lfl fl:8e'i!e Section 5. Amendment to Specific Zoning Control Tables. Zoning Controls Tables 712, 720, 721, 731, 732, 733, 734, 735, 736, +J+, 738, 739, 740, -74-1, 743, +44; 745, ~ 752, 753, 754, 755,+a+, and 758, 759, 760, +e4, 762, and 764 are hereby amended Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 87 identically to the amendment of Zoning Control Table 711 in Section 3 of this ordinance, to remove the zoning control under Miscellaneous, Lot Size (Per Development), as follows: * * * * ZONING CONTROL TABLE Zoning Category § References Controls BUILDING STANDARDS * * * * Miscellaneous Lot Size (Per Dewtopment) J§ 102, 121.1 P 1iJ3 to 9,999 squere feet; C 10,000 squerefeet end ehtwe * * * * Section 6. Amendment to Specific Zoning Control Tables. Zoning Controls Tables 712, 751, 752, 759, 760, and 762 are hereby amended identically to the amendment of Zoning Control Table 711 in Section 3 of this ordinance, to amend the zoning control under Miscellaneous, Lot Size (Per Development} to identify "P" as the zoning control and include the note ("C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97."), as shown below, provided that the note shall be numbered as appropriate for each table, as follows: ZONING CONTROL TABLE Zoning Category § References Controls BUILDING STANDARDS Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 88 * * * * Miscellaneous Lot Size (Per §§ 102, 121.1 P(1) Development) * * * * (1) C for 10,000 square feet and above if located within the Priority Equity Geographies Special Use District established under Section 249.97. Zoning Control Table Note# Section ze. Pursuant to Sections 106 and 302(c) of the Planning Code, Sheets SU01, SU02, SU07, SUOS, SU09, SU10, SU11, SU12SU13 of the Zoning Map of the City and County of San Francisco are hereby amended, as follows: Description of Property Special Use District Hereby Approved Area 1 of the SUD is comprised of the Priority Equity Geographies Special Use following boundaries: Starting at the District southwestern corner of the City and County Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 89 of San Francisco heading north along the Pacific Ocean to Sloat Blvd.; Sloat Blvd. to Skyline Blvd.; Skyline Blvd. to Lake Merced Blvd.; Lake Merced Blvd. to Middlefield DrRa.; Middlefield DrRG. to Eucalyptus Dr.; Eucalyptus Dr. to 19th Ave.; 19th Ave. south until the intersection of Cardenas Ave and Cambon Dr., then flowing Cambon Dr. south to Felix Ave.; following a straight line from Felix Ave. to 19th Ave. and then following a line north to Junipero Serra Blvd.; Junipero Serra Blvd to Holloway Ave.; Holloway Ave. to Ashton Ave.; Ashton Ave. to Lake View Ave.; Lake View Ave. to Capitola Ave.; Capitola Ave. to Grafton Ave.; Grafton Ave. to Mt. Vernon Ave.; Mt. Vernon Ave. to Howth St.; Howth St. to Ocean Ave.; Ocean Ave. to Alemany Blvd.; the northern most portion of Alemany Blvd. until Industrial St.; Industrial St. to Oakdale Ave.; Oakdale Ave. to Phelps St.; Phelps St. to Jerrold Ave.; Jerrold Ave. to 3rd St.; 3rd St. to Evans Ave.; Evans Ave. to Newhall St.; Newhall St. to Fairfax Ave.; Fairfax Ave. to Keith St.; Keith St. to Evans Ave.; Evan Ave. to Jennings Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 9C St.; following Jennings St. in a north easterly direction to its end and then a straight line to the shoreline; following the shoreline south until Arelious Walker Dr.; Arelious Walker Dr. to Gilman Ave.; Gilman Ave. to Bill Walsh Way; Bill Walsh Way to Ingerson Ave.; Ingerson Ave. to Hawes St.; Hawes St. to Jamestown Ave.; Jamestown Ave. to 3rd. St.; 3rd St. to Bayshore Blvd.; Bayshore Blvd. to southernmost boundary of the City and County of San Francisco. The above area shall exclude the following area: Starting at the intersection of Harvard St. and Burrow St. heading east to Cambridge St.; Cambridge St. to Felton St.; Felton St. to Hamilton St.; Hamilton St. to Woolsey St.; Woolsey St. to Goettingen St.; Goettingen St. to Mansell St.; Mansell St. to Brussels St.; Brussels St. to Ward St.; Ward St. to Ankeny St.; Ankeny St. to Hamilton St.; Hamilton St. to Mansell St.; Mansell St. to University St.; University St. to Wayland St.; Wayland St. to Yale St.; Yale St. to McLaren Park; a straight line from Yale St. to Cambridge St.; Cambridge St. to Wayland Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 91 St.; Wayland St. to Oxford St.; Oxford St. to Bacon St.; Bacon St. to Harvard St.; Harvard St. to Burrows St. Area 2 of the SUD is comprised of the following boundaries: Starting on Cesar Chavez St. at the intersection of Valencia Street, heading eastward to Harrison St.; Harrison St. to 23rd St.; 23rd St. to Highv.:ay 101; f-ollowing Highway 101 south to Cesar Chaves St.; Cesar Chavez St. to Vermont St.; Vermont St. to 26th St.; 26th St. to Connecticut St.; Connecticut St. to 25th St.; 25th St. to Highway 280; following Highway 280 north to 20th St.; 20th St. to Arkansas St.; Arkansas St. to 22nd St.; 22nd St to the western side of Highway 101; following the western side of Highway 101 north to 17th St.; 17th St. to Vermont St.; Vermont St. to Division St.; Division St. to Townsend St.; Townsend St. to 6th St.; 6th St. to Brannan St.; Brannan St. to 5th St.; 5th St. to Townsend St.; Townsend St. to 3rd St.; 3rd St. to Howard St.; Howard St. to 4th St.; 4th St. to Market St.; Market St. to Drumm St.; Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 9~ Drumm St. to Sacramento St.; Sacramento St. to Battery St.; Battery St. to Pacific Aves.t.; Pacific Aves.t. to Sansome St.; Sansome St. to Vallejo St.; Vallejo St. to Kearny St.; Kearny St. to Filbert St.; Filbert St. to Columbus Ave.; Columbus Ave. to Mason St.; Mason St. to Washington St.; Washington St. to Powell St.; Powell St. to California St.; California St. to Stockton St.; Stockton St. to Bush St.; Bush St. to Van Ness Ave.; Van Ness Ave. to O'Farrell St/Starr King Way; Starr King Way to Geary Blvd.; Geary Blvd. to Laguna St.; Laguna St. to Bush St.; Bush St. to Webster St.; Webster St. to Post St.; Post St. Filmore St.; Filmore St. to Geary Blvd.; Geary Blvd. to St Joseph's Ave.; St. Joseph's Ave. to Turk Blvd.; Turk Blvd. to Scott St.; Scott St. to McAllister St.; McAllister St. to Steiner St.; Steiner St. to Fulton St.; Fulton St. to Gough St.; Gough St. to McAllister St.; Mc Allister St. to Van Ness Ave.; Van Ness Ave. to Market St.; Market St. to Dolores St.; Dolores St. to 17th St.; 17th St. to Valencia St.; Valencia St. to Cesar Chavez St. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 92 Area 3 of the SUD is comprised of the following boundaries: Starting on Chestnut St. at the intersection of Columbus Ave, heading eastward to the Embarcadero; The Embarcadero to Taylor St.; Taylor St. to Jefferson St.; Jefferson St. to Leavenworth St.; Leavenworth St. to North Point St.; North Point St. to Columbus Aves.t.; Columbus Aves.t. to Chestnut St. Section 8-7. Article 9 of the Subdivision Code is hereby amended by amending Section 1396.6, to read as follows: SEC.1396.6. CONDOMINIUM CONVERSION ASSOCIATED WITH PROJECTS THAT UTILIZE THE RESIDENTIAL DENSITY EXCEPTION IN RH DISTRICTS TO CONSTRUCT NEW DWELLING UNITS PURSUANT TO PLANNING CODE SECTION 207(C)(8). (a) Findings. The findings of Planning Code Section 415.1 concerning the City's inclusionary affordable housing program are incorporated herein by reference and support the basis for charging the fee set forth herein as it relates to the conversion of dwelling units into condominiums. (b) Definition. "Existing Dwelling Unit" shall refer tomean the dwelling unit in existence on a lot at the time of the submittal of an application to construct a new dwelling unit pursuant to Planning Code Section 207(c)(8). Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 94 (c) Notwithstanding Section 1396.4 of this Code and Ordinance No. 117-13, a subdivider of a one-;;;unit building that has obtained a permit to build one or more new dwelling units by utilizing the exception to residential density in RH districts set forth in Planning Code Section 207(c)(8), which results in two or more dwelling units, and that has signed an affidavit stating the subdivider's intent to reside in one of those resulting dwelling units, or in the Existing Dwelling Unit, for a period of three years after the approval of the Certificate of Final Completion and Occupancy for the new dwelling units, shall (1) be exempt from the annual lottery provisions of Section 1396 of this Code with respect to the dwelling units built as part of the Project Units and (2) be eligible to submit a condominium conversion application for the Existing Dwelling Unit and/or include the Existing Dwelling Unit in a condominium map application for the project approved pursuant to Planning Code Section 207(c)(8). Notwithstanding the foregoing sentence, no property or applicant subject to any of the prohibitions on conversions set forth in Section 1396.2, in particular of this Code. including but not limited to a property with the eviction(s) set forth in Section 1396.2(b), shall be eligible for condominium conversion under this Section 1396.6. Eligible buildings as set forth in this subsection (c) may exercise their option to participate in this program according to the following requirements: (1) The applicant(s) for the subject building seeking to convert dwelling units to condominiums or subdivide dwelling units into condominiums under this subsection shall pay the fee specified in Section 1315 of this Code. (2) In addition to all other provisions of this Section 1396.6. the applicant(s) shall comply with all of the following: (A) The requirements of Subdivision Code Article 9, Sections 1381, 1382. 1383, 1386, 1387. 1388, 1389, 1390, 1391(a) and (b). 1392, 1393, 1394, and 1395. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 9 (B) The applicant(s) must certify under penalty of perjury that within the 60 months preceding the date of the subject application, no tenant resided at the property. (C) The applicant(s) must certify under penalty of perjury that to the extent any tenant vacated their unit after March 31, 2013, and before recordation of the final parcel or subdivision map, such tenant did so voluntarily or if an eviction or eviction notice occurred it was not pursuant to Administrative Code Sections 37.9(a)(8)-(12) and 37.9(a)(14);;; ilfil. If an eviction has taken place under Sections 37.Q(a)(11) or 37.Q(a)(14), then the applicant(s) shall certify The applicant must also certify under penalty of perjury that to the extent any tenant vacated their unit after March 31, 2013, and before recordation of the final parcel or subdivision map, such tenant did not vacate the unit pursuant to a Buyout Agreement, pursuant to the requirements of Administrative Code Section 37.9E, as it may be amended from time to time. regardless of whether the Buyout Agreement was filed and registered with the Rent Board pursuant to Administrative Code Section 37.9E(h}. If a temporary eviction occurred under Sections 37.9(a}(11} or 37.9(a}(14}, then the applicant(s} shall certify under penalty of perjury that the original tenant reoccupied the unit after the temporary eviction. (3) If the Department finds that a violation of this Section 1396.6 occurred prior to recordation of the final map or final parcel map, the Department shall disapprove the application or subject map. If the Department finds that a violation of this Section occurred after recordation of the final map or parcel map, the Department shall take such enforcement actions as are available and within its authority to address the violation. (4) This Section 1396.6 shall not prohibit a subdivider who has lawfully exercised the subdivider's rights under Administrative Code Section 37.9(a)(13) from submitting a condominium conversion application under this Section 1396.6. (d) Decisions and Hearing on the Application. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 96 (1) The applicant shall obtain a final and effective tentative map or tentative parcel map approval for the condominium subdivision or parcel map within one year of paying the fee specified in subsection (e) of this Section1396.6. The Director of the Department of Public Works or the Director's designee is authorized to waive the time limits set forth in this subsection (d)(1) as it applies to a particular building due to extenuating or unique circumstances. Such waiver may be granted only after a public hearing and in no case shall the time limit extend beyond two years after submission of the application. (2) No less than 20 days prior to the Department's proposed decision on a tentative map or tentative parcel map, the Department shall publish the addresses of buildings being considered for approval and post such information on its website. post notice that such decision is pending at the affected buildings. and provide written notice of such pending decision to the applicant. all tenants of such buildings. and any member of the public who interested party who has requested such notice. During this time, any interested party may file a written objection to an application and submit information to the Department contesting the eligibility of a building. In addition, the Department may elect to hold a public hearing on said tentative map or tentative parcel map to consider the information presented by the public, other City department, or an applicant. If the Department elects to hold such a hearing it shall post notice of such hearing. including posting notice at the subject building. and provide written notice to the applicant, all tenants of such building, any member of the public who submitted information to the Department, and any interested party who has requested such notice. In the event that an objection to the conversion application is filed in accordance with this subsection (d)(2), and based upon all the facts available to the Department, the Department shall approve, conditionally approve, or disapprove an application and state the reasons in support of that decision. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 97 (3) Any map application subject to a Departmental public hearing on the subdivision or a subdivision appeal shall receive a six-month extension on fial.fe-the time limit set forth in subsection (d)(1) of this Section 1396.6extended for another six months. (e) Should the subdivision application be denied or be rejected as untimely in accordance with the dates specified in subsection (d)(1) of this Section 1396.6, or should the tentative subdivision map or tentative parcel map be disapproved, the City shall refund the entirety of the application fee. (f) Conversion of buildings pursuant to this Section 1396.6 shall have no effect on the terms and conditions applicable to such buildings under Section 1341 A, 1385A, or 1396 of this Code. Section ~37. 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 1 OW. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 1140. Clarification of existin law. The amendments to Plannin Code Sectio 305.1 (g) in Section 3 of this ordinance do not constitute a change in, but are declaratory of, Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 98 existing law with regard to the Planning Department's authorization to collect fees for time and materials spent reviewing application materials. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Andrea Ruiz-Esquide ANDREA RUIZ-ESQUIDE Deputy City Attorney n :\legana\as202312300309\01721814.docx Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Safai BOARD OF SUPERVISORS Page 99 City Hall City and County of San Francisco Tails l Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance File Number: 230446 Date Passed: December 12, 2023 Ordinance amending the Planning Code to encourage housing production by (1) exempting, under certain conditions, specified housing projects from the notice and review procedures of Section 311 and the Conditional Use requirement of Section 317, in areas outside of Priority Equity Geographies, which are identified in the Housing Element as areas or neighborhoods with a high density of vulnerable populations; 2) removing the Conditional Use requirement for several types of housing projects, including housing developments on large lots in areas outside the Priority Equity Geographies Special Use District, projects that build additional units in lower density zoning districts, and senior housing projects that seek to obtain double density; 3) amending rear yard, front setback, lot frontage, minimum lot size, and residential open space requirements in specified districts; 4) allowing additional uses on the ground floor in residential buildings, homeless shelters, and group housing in residential districts, and administrative review of reasonable accommodations; 5) expanding the eligibility for the Housing Opportunities Mean Equity - San Francisco (HOME - SF) program and density exceptions in residential districts; 6) exempting certain affordable housing projects from certain development fees; 7) authorizing the Planning Director to approve State Density Bonus projects, subject to delegation from the Planning Commission; 8) sunsetting the Conditional Use requirements established by the Corona Heights Large Residence and the Central Neighborhoods Large Residence Special Use Districts at the end of 2024, and thereafter limiting the size of any Dwelling Units resulting from residential development in those Special Use Districts to 3,000 square feet of Gross Floor Area; and 9) making conforming amendments to other sections of the Planning Code; amending the Zoning Map to create the Priority Equity Geographies Special Use District; amending the Subdivision Code to update the condominium conversion requirements for projects utilizing residential density exceptions in RH Districts; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. September 18, 2023 Land Use and Transportation Committee - CONTINUED October 02, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE October 02, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE October 02, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED October 16, 2023 Land Use and Transportation Committee - CONTINUED October 30, 2023 Land Use and Transportation Committee - DUPLICATED October 30, 2023 Land Use and Transportation Committee - CONTINUED November 27, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE City and County of San Francisco Page I Printed at JO: 19 am on 12/13/23 November 27, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 27, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED November 27, 2023 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED AS A COMMITTEE REPORT November 28, 2023 Board of Supervisors - CONTINUED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton December 05, 2023 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton December 05, 2023 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 9 - Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani and Walton Noes: 2 - Chan and Peskin December 12, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 9 - Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani and Walton Noes: 2 - Chan and Peskin File No. 230446 London N. Breed Mayor City and County of S11n Frtmcisco P11ge2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/12/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed 11t 10: 19 am on 12/13/23