o0296-18

AMENDED IN BOARD FILE NO. 180184 11/27/2018 ORDINANCE NO. 296-18 [Administrative, Planning Codes- Central South of Market Area Plan] Ordinance amending the Administrative and Planning Codes to give effect to the Central South of Market Area Plan, encompassing an area generally bounded on its western portion by Sixth Street, on its eastern portion by Second Street, on its northern portion by the border of the Downtown Plan Area (an irregular border that generally jogs along Folsom, Howard and Stevenson Streets), and on its southern portion by Townsend Street; making approval findings under the California Environmental Quality Act, including adopting a statement of overriding considerations; and making findings 1 0 of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times 1Vew Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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 Planning Code Findings. (a) On May 10, 2018, after a duly noticed public hearing, the Planning Commission certified the Final Environmental Impact Report (EIR) for the proposed Central South of Market (SoMa) Area Plan (the Project) by Motion No. 20182, finding that the Final EIR reflects the independent judgment and analysis of the City and County of San Francisco, is adequate, Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 1 accurate, and objective, and contains no significant revisions to the Draft EIR, and that the content of the report and the procedures through which the Final EIR was prepared, publicized, and reviewed comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq1 and Chapter 31 of the Administrative Code. Copies of the Planning Commission Motion and the Final EIR are on file with the Clerk of the Board in File No. 180651 and are incorporated herein by reference. (b) The Project evaluated in the Final EIR includes the proposed amendments to the Planning Code and Zoning Map as well as amendments to the General Plan, adopting the 1 0 Central SoMa Area Plan and other related amendments. The proposed Planning Code and Zoning Map amendments set forth in this ordinance are within the scope of the Project evaluated in the Final EIR. (c) At the same hearing during which the Planning Commission certified the Final EIR, the Planning Commission adopted findings under CEQA regarding the Project's environmental impacts, the disposition of mitigation measures, and project alternatives, as well as a statement of overriding considerations (CEQA Findings) and adopted a mitigation monitoring reporting program (MMRP), by Resolution No. 20183. (d) At the same hearing, the Planning Commission, in Resolution No. 20185, recommended the proposed Planning Code and Zoning Map amendments for approval and 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 1 01.1. 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. 180184, and is incorporated herein by reference. (e) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page reasons set forth in Planning Commission Resolution Nos. 20185 and 20186, and the Board incorporates such reasons herein by reference. (f) The Board of Supervisors has reviewed and considered the Final EIR and the environmental documents on file referred to herein. The Board of Supervisors has reviewed and considered the CEQA Findings, and hereby adopts them as its own and incorporates them by reference as though such findings were fully set forth in this ordinance. (g) The Board of Supervisors adopts the MMRP as a condition of this approval, and endorses those mitigation measures that are under the jurisdiction of other City Departments, and recommends for adoption those mitigation measures that are enforceable by agencies other than City agencies, all as set forth in the CEQA Findings and MMRP. (h) The Board of Supervisors finds that no substantial changes have occurred in the proposed Project that would require revisions in the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, no substantial changes have occurred with respect to the circumstances under which the proposed Project is to be undertaken that would require major revisions to the Final EIR due to the involvement of new environmental effects or a substantial increase in the severity of effects identified in the Final EIR, and no new information of substantial importance to the proposed Project has become available which indicates that (1) the Project will have significant effects not discussed in the Final EIR, (2) significant environmental effects will be substantially more severe, (3) mitigation measure or alternatives found not feasible that would reduce one or more significant effects have become feasible or (4) mitigation measures or alternatives that are considerably different from those in the Final EIR would substantially reduce one or more significant effects on the environment. Section 2. General Findings Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page (a) Findings Regarding Setback Requirement on Fourth Street. The increased development in Central SoMa is likely to cause congestion and crowding for pedestrians on the Central SoMa Plan Area's sidewalks, particularly near the intersection of the Central Subway and Caltrain, due to the increased concentration of commuters using Muni and Caltrain at that location. In most of the Plan Area, pedestrian congestion will be ameliorated by widening sidewalks to the widths identified in the Better Streets Plan, pursuant to Planning Code Section 138.1. However, the sidewalks on 4th Street between Bryant and Townsend Streets cannot be widened to the extent recommended by the Better Streets Plan because the Central Subway will run at grade in the middle of the street. Therefore, requiring the buildings on 4th Street between Bryant Street and Townsend Street be set back five feet at ground level will alleviate this impact to pedestrian congestion and crowding. (b) Findings Regarding Micro-Retail Uses in the Central SoMa Special Use District. The Plan seeks to provide small retail spaces, referred to as "micro-retail," to ensure that space is available for small, non-Formula Retail establishments, which are more likely to offer non-traditional and unique merchandise for residents and visitors. The micro-retail space requirements provide for a diversity of retail land uses, which will help preserve Central SoMa's distinct neighborhood character and help fulfill the City's Priority Policy of the General Plan that existing neighborhood-serving retail uses be preserved and enhanced and that opportunities for resident employment in and ownership of neighborhood-serving retail establishments be enhanced. In addition, the Board hereby incorporates by reference and adopts the findings set forth in Planning Code Section 303.1 (a), which further support the provision of non-Formula Retail micro-retail spaces in the Central SoMa Plan Area. (c) Findings Regarding Privately-Owned Public Open Space (POPOS). (1) Adequate open space is of vital importance to the desirability of downtown and South of Market as a place to visit, work or shop. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page4 (2) New non-residential development increases demands on the City's existing limited parks, recreational facilities, and open spaces, contributing to overcrowding of those facilities. (3) Publicly-accessible open space and recreation facilities are essential to creating and maintaining an attractive central business district and to generally create an environment appealing for workers, shoppers, and visitors. The economic sustainability and well-being of the City is dependent on the reputation of its commercial and visitor areas as pleasant and amenity-filled. Businesses choose to locate in San Francisco because of its balance of high-accessibility to other businesses and services and its livability. The skilled and creative workforce sought by businesses growing in San Francisco values spending time in an interesting and amenity-filled walkable urban environment. These spaces directly enhance the economic value of the commercial properties themselves. (4) New non-residential development increases the demand for parks, recreational facilities, and open space. These amendments provide for open space demanded as a result of new non-residential development. These amendments also provide for a reduction in open space requirements where recreational and open space amenities are provided by other means. Also, to ensure that these publicly accessible spaces mitigate the impacts described above, truly supplement the public open space system, and provide welcoming environments to all members of the public, indoor and upper-story spaces are discouraged in favor of outdoor, street-level spaces, except where a specific recreational amenity is provided that is necessarily indoors or the project location makes outdoor space undesirable (e.g., adjacent to a freeway). Further, limited amounts of food and beverage service retail are permitted in larger spaces created pursuant to this ordinance to ensure that these spaces are active and attractive to workers, visitors, and shoppers, as well as provide some revenue for the property owners. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 5 (5) To ensure that the requirements of this ordinance provide sufficient flexibility for project sponsors to address the context of their particular sites and address the impacts of their developments, project sponsors are given options to meet the requirements other than by setting aside space on their project sites. These options include (depending on zoning district) provision of off-site open space and payment of fees in lieu of providing any space. Reasonable geographic latitude is given in provision of off-site spaces. In-lieu fee amounts are set based on the reasonably comparable costs of acquiring land in the area of the development and improving the property to the same high standard of investment as would be expected in a highly-trafficked public space in a high-density urban area (i.e., significantly higher cost per square foot for more intensive amenity, hardscape, and engineering investment than relatively cheaper expansive lawns and landscape areas common in less dense more outlying neighborhoods). These in-lieu fees are based on costs identified in Downtown San Francisco Park, Recreation, and Open Space Development Impact Fee Nexus Study by Hausrath Economics from April 2012. (6) The San Francisco Infrastructure Level of Service Analysis (2014) ("LOS Analysis"), p. 22, concludes that four acres of open space are necessary for every 1,000 "Service Population Units." Each employee is equivalent to 0.19 "Service Population Units" (Hausrath Economics Group, "Phoenix Park and EDU Factors Study," A Report to City of Phoenix Planning Department, Sept. 1998, cited in San Francisco Citywide Nexus Analysis (2014) at p. 14 n. 22.) Thus, every 1,000 additional employees creates a demand for 0.76 acres of open space (4.0 acres/1 ,000 employees x 0.19 = 0.76 acres/1 ,000 workers). (7) Development under the Central SoMa Plan is expected to add 8.5 million gross square feet (gsf) of new non-residential building space, based on the Planning Department's Buildout Analysis for Central SoMa (January 25, 2018). Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 6 (8) This 8.5 million gsf would result in approximately 40,000 jobs (assuming an employment density of approximately 220 gsf per worker). ("Central SoMa Growth Allocation by TAZ- August 2016.") (9) Because, as noted above, every 1,000 additional employees creates a demand for 0.76 acres of open space, the Central SoMa Plan would create demand for an additional 30.4 acres of open space. (10) The San Francisco Citywide Nexus Analysis (2014) ("Citywide Nexus Analysis"), at p. 15, states that the cost to construct new open space is approximately $10.3 million per acre. Therefore providing 30.4 acres of new open space in Central SoMa would cost the City approximately $313 million. (11) Non-residential development projects in Central SoMa pay the Eastern Neighborhoods Infrastructure Impact Fee (Fee), of which 6% is dedicated to open space. As of 2018, the maximum Fee paid by non-residential uses was $19.81 per gsf; 6% of which is $1.19 per gsf. As such, non-residential projects in Central SoMa are expected to generate approximately $10 million towards open space, leaving an unfunded portion of nearly $300 million. (12) The Central SoMa Plan POPOS program would yield approximately four acres of open space, based on the proposed requirement of 1 gsf of POPOS for every 50 gsf of non-residential development and the expectation of 8.5 million of gsf of non-residential development. At a cost of $10.3 million per acre, these four acres of POPOS would be the equivalent of approximately $40 million of additional open space fees. (13) Therefore, expanding the POPOS requirement to the Central SoMa Plan Area is an essential part of the City's overall strategy to meet the demand for open space generated by new residents and workers. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 7 (d) Findings Regarding the Establishment of Citizens Advisory Committees to Guide Plan Implementation. Through the Eastern Neighborhoods planning process, the City established the Eastern Neighborhoods Citizens Advisory Committee (CAC) to advise on the implementation of the Eastern Neighborhoods Plans and community improvements programming within the Central Waterfront East SoMa, Western SoMa, Mission, and Showplace Square/Potrero Hill areas. However, with the addition of the Central SoMa Area Plan and its related implementation and community improvements programming, it is evident that a single CAC can no longer provide the appropriate community input necessary to serve these growing areas. The Board of Supervisors intends to revise the composition and jurisdiction of the Eastern Neighborhoods CAC, such that it is split into two CACs, one which serves the three SoMa Plan Areas (East SoMa, Central SoMa, and Western SoMa) and one which serves the southern Plan Areas (Mission, Showplace Square/Potrero Hill, and Central Waterfront). Any process of modifying existing and proposed CACs should incorporate community input. Therefore it is the Board's intent to create a process which incorporates the recommendations of neighborhood stakeholders and community members as they develop the necessary details of restructuring these bodies. [e) Findings Regarding Access to Good Jobs. While accommodating the growth of jobs is important. it is just as important that these are jobs that pay a living wage. Many of the office jobs in the technology sector and even the PDR jobs are certain to be good jobs, particularly in that they pay well relative to education. However, it is important that the City supports good jobs across all sectors, including construction workers, hotel workers, and other professions. Therefore, it is the intent of the Board of Supervisors to develop a "Good Jobs Policy" to help enable permanent jobs at good living wages with benefits within the future development. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 8 Section 3. The Administrative Code is hereby amended by revising Chapter 35, to read as follows: CHAPTER 35: RESIDENTIAL, HOTEL, AND INDUSTRIALPDR COMPATIBILITY AND PROTECTION SEC. 35.1. SHORT TITLE. This Chapter &may be referred to as the Residential and IndustrialPDR Compatibility and Protection Ordinance. SEC. 35.2. DECLARATION OF POLICY. It shall be the policy of the City and County of San Francisco ©Di_to protect its existing and future indbiStrial businessesProduction, Distribution, and Repair (P DR) Uses from potentially incompatible adjacent and nearby development provided that such indbiStrial Uses are conducted and maintained in a manner consistent IFithproper and accepted customs and standards and in accordance with all applicable federal, state, and local laws and regulations. The City and County ofSan Francisco encourages the use of best available control technologies and best management practices whenever possible to further reduce the potential for incompatibility with other uses, including residential. Furthermore, it shall be the policy of the City and Cou1qty· ofSan Francisco to support the health, safety. and welfare ofProtect the future residents of and overnight visitors to industrial!ndustrial. PDR. and mixed-use neighborhoods by providing for a notification process so that such residents and overnight visitors are made aware of some of the possible consequences of moving to or staying in an industrial or mixedttse such neighborhoods and by encouraging and, ifpossible, requiring, features in any new residential or hotel construction designed to promote the compatibility of residential and hotel and adjacent or nearby industrial PDR uses. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 9 SEC. 35.3. DEFINITIONS. For the purposes of this Chapter 35, the following definitions shall apply. (a) "Adjacent Property" means all real property inside or within 150 J+eet ofan Industrial Use Zoning District. fb}--"Eiigible IndustrialPDR Use" means any legally existing, including legally non- conforming, or future IndustrialPDR Use, conducted or maintained for i11dustrialPDR purposes,_ in a manner consistent with proper and accepted customs and standards, as established ancl followed by similar industrial:..DJJR uses i11 the same neighborhood ifsuch uses exist, and in accordance with all applicable federal, state, and local laws and regulations. "Hotel Use" is as defined in Planning Code Section 102. fc)-"IndustrialP DR Use" means any industrial use asis as defined in the Planning Code Section 102., including, but not limited to, Automotive as defined in Planning Code Section 223, Animal Services as defined in Plam?ing Code Section 224, Wholesaling, Storage, Distribution and Open Air Handling &jA1aterials and Equipment as defined in Planning Code Section 225, }Janufacturing and Processing as defined in Planning Code Section 226. Other Uses as defined il? Planning Code Section 227, and Light }Janufocturing. Wholesale Sales, Storage as defi7wd in Planning Code Section 890.54. Upon adoption o.f'the permanent Eastern ]"kighborhoods Zoning Controls. "Industrial Use" shall also include Productio11, Design, and Repair Uses ("PDR Uses'), as defined in the zoning controls, including, bttt not limited to, Publishing, Audio/Visual, Arts, Fashion, Transport, Food/&·ent, Interior Design. Construction, Equipment, 1~fotor Vehicles, and Other PDR uses. fd)-"IndustrialPDR Use Zoning District" means a zoning district designated in Planning Code Section 201 as an Industrial District, Production Distribution Repair District, or Eastern Neighborhoods Mixed Use DistrictC },1 (Heavy Commercial), A11 (Light Industrial), AI- 2 (Heavy Industrial), SPD (South Park), RSD (Residential/Ser',Jice Afixed Use), SLR (Service/Light Industrial/Residential },fixed Use), SLI (Service/Light Industrial), SSG (Ser:Jice/Secondary Office), or Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 10 A1B Cl (},fission Bay Commercial Industrial). Upon adoption o.fthe permanent Eastern 1'1eighborhoods Zoning Controls, "Industrial Use Zoning District" shall also include a zoning district within the Eastern 1'kighborhoods Plan Area in which PDR is a principally permitted use, including, but not limited to, zoning districts designated PDR Zone, Employrnent and Busi1~ess Development Zone, or Urban :Mixed Use Zone. "Property" means all real property inside a P DR Use Zoning District. fej--"Residential Use" is as defined in Planning Code Section I 02means the use ofany real property as a dwelli11g unit or units, regardless &jlthLtether it is a primary residence. (9--"Transfer" means, but is not limited to, the following: sale or lease. "Transferee" means a purchaser or lessee of all or any portion of a Property, and includes but is not limited to the purchaser or lessee's partners, assigns, successors, representatives, and heirs. "Transferee" shall not mean a guest at a Hotel or Motel. "Transferor" means an owner o[a Property who sells or leases all or any portion o[the structure to a Transferee, and includes but is not limited to the owner's partners, assigns, successors, and representatives. SEC. 35.4. PROTECTION OF !NDUSTRIALPDR USES. No Eligible IndustrialPDR Use shall be or become a public or private nuisance ifthe P DR Use operates in compliance with the Municipal Code and state and federal law, and with the terms o(its permitsdue to any changed condition i1~ Adjacent Property after the Industrial Use has been il~ operation for more than two years if it t~·as not a nuisance at the time it was established. SEC. 35.5. EXEMPTIONS AND NONAPPLICATION. (a) The provisions of Section 35.4 shall not apply whenever a nuisance results from the negligent, improper, or illegal operation of any IndustrialPDR Use. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 11 (b) This Chapter .Ji_is not intended to superc~ede or limit any other provisions of the Municipal Code with regard to the regulation and control of IndustrialPDR Uses, including, but not limited to, Article 11 of the Health and Safety Code. * * * * SEC. 35.6. NOTICE REQUIREMENTS FOR TRANSFER OF REAL PROPERTY FOR RESIDENTIAL USE. (a) Notice Requirement. The tiransferor of Adjacent Property for Residential Use or Hotel Use must provide notice to the tiransferee as follows. (1) Timing of Disclosure. For all transfers of Adjacent Property having any Residential Use or Hotel Use, the t:Iransferor shall provide the disclosure described in &~ubsection 35.6(a)(2) on a written document. This notice shall be provided for a lease prior to the tenant(s) signing athe lease,_ or for a purchase agreement for the transfer of the AdjaceJqt Property at the time required by California Civil Code Section 1102.3. (2) DisclosureContents of Disclosure Notice. The disclosure shall include a citation to this Section 35.6, a copy of this Chapter 35 as is in effect when the disclosure notice is provided, and a written statement containing substantially the following language in at least 12- point font: "DISCLOSURE OF ADJACENTNEIGHBORING INDUSTRL4LPDR USES You are purchasing or leasing property in an area that permits Production, Distribution, and Repair (P DR) Uuses, as defined in Planning Code Section 1 02that may be adjacent to an existing industrial use. IndustrialPDR Uuses may subject you to inconveniences or discomfort arising from bqdustrialtheir operations, which may include, but are not limited to: noise, odors, dust, chemicals, smoke, operation of machinery, and loading and unloading operations, which may occur throughout the day and night. One or more of these types of inconveniences may occur even if the industrialPDR Uuse is operating in conformance with existing laws and regulations Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 12 and locally accepted customs and standards for operations of such use. Ifyou live near industrial uses, youYou should be prepared to accept such inconveniences or discomfort as normal and a necessary aspect of living in a neighborhood with mixed industrialPDR and residential Uuses. A PDR Uttse shall not be considered a public or private nuisance ifit operates in compliance with the Municipal Code and state and federal law, and with the terms o(its permitsTra7~sforor shall maintain a copy ofthis disclosure in the transferor's records for not less than two years, and a copy shall be prO';ided to the City or the transferee upon request." (b) Affidavit of Disclosure. (1) Contents of Affidavit. The tiransferor shall make and sign, upon penalty of perjury, an affidavit containing the following information, with appropriate terms to be inserted in place oft he bracketed language, as specified: stating that the transferor provided the disclosure required by this Section and shall attach a copy of the notice actually provided; prmided, however, that the attachment need not also include a copy ofthe then current text o.fthis Chapter. This affidavit, 'r'v'ith the attached notice provided, shall be maintained in the transforor 's records for not less t}wn two years, and a copy shall be provided to the City or the transferee upon request. (A) the identities o[the Transferor and any entity on whose behal[the Transferor is acting,· (B) the identity o[the Transferee; (D) whether the Transfer is a sale or lease,· and (E) the following language: "I have provided to the {purchaser or lessee 7 the disclosure required by San Francisco Administrative Code Chapter 35. Attached is a true and correct copy ofthe notice provided to the [purchaser or lesseeZ. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 13 I declare under penalty o(perjury under the laws o[the State o(Cali!Ornia that the foregoing is true and correct. Executed on [date 7 in [city and state 7." (2) Affidavit Transmitted to the Planning Department. The Transferor shall transmit to the Planning Department, by any means acceptable to the Planning Department, the affidavit and a copy o[the disclosure notice provided to each Transferee,· provided however, that the attachment need not also include a copy o[the then-current text ofthis Chapter 35. This transmittal must occur within 90 days o[the transfer. Upon request o[the Transferee, the Transferor shall also provide a copy o[this affidavit, with an attached copy o[the disclosure notice referenced in the affidavit, to the Transferee. (3) Affidavits Available to the Public. Pursuant to state and local law, upon request, the Planning Department shall provide a copy o[the affidavit and attached notice to any member o[the public. (4) Covenants, Conditions, and Restrictions (or Condominium Projects. !(the · 13 Property will be subdivided into condominiums, the requirements o[this Section 35. 6(Q) shall be included as terms o[the Covenants, Conditions, and Restrictions ("CC&Rs ") that will be tiled with the State and that govern owners o[the property. Upon request, a copy o[the CC&Rs shall be provided to the Planning Department. * * * * (e) This Clwpter shall not create any pri"vate rigl1t o.faction against the City. The City shall have no dHty or liability based on any jailHre to achieve the disclosHre reqHired by this Chapter or based on the City's failHre to prosecHte.En(orcement. The Planning Department shall enforce this Section 35.6 through the application o(Planning Code Sections 176 and 176.1. SEC. 35.7. PLANNING DEPARTMENT AND COMMISSION REVIEW OF RESIDENTIAL PROJECTS. The Planning Department and Commission shall consider, among other considerationsfactors, the compatibility of uses when approving Residential Uses and Hotel Uses Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 14 in P DR Use Zoning Districts adjacent to or near existing Industrial Uses and -toshall take all reasonably available means through the City's design review and approval processes to ensure that the design of such new residential and hotel development projects is sensitive to both the existing and future Industrial? DR Uses in these Districts and the future residents and overnight visitors of the new development. Such considerationsfactors may include, among others: (a) The proposed project's consistency with the Industrial Area Design Guidelines; (b) The proposed project's overall design, acoustical treatment, and ventilation to achieve interior noise levels and ventilation compatible with residential standards; and (c) The location of non-habitable spaces or spaces such as closets, bathrooms, kitchens, and/or landscaping so that such spaces may provide a buffer between the proposed habitable residential areas and any common property line with Industrial? DR Uses. SEC. 35.8. SEVERABILITY. In the event that a court or agency of competent jurisdiction holds that a Federal or State law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this Chapter 35 or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph, or section or application thereof so that the remainder of this ordinance Chapter shall remain in effect. SEC. 35.9. NO PRIVATE RIGHT OF ACTION AGAINST CITY. This Chapter 35 shall not create any private right ofaction against the City. The City shall have no duty or liability based on any failure to achieve the disclosure required by this Chapter or based on the City's failure to enforce or prosecute pursuant to this Chapter. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 15 Section 4. The Planning Code is hereby amended by adding Sections 128.1, 132.4, 175.1, 249.78, 263.32, 263.33, 263.34, 413.7, 432,433,434 and 848; revising Sections 102, 124,134,135, 135.3, 138,140, 145.1, 145.4, 151.1, 152, 152.1, 153,155,163, 169.3, 181, 182, 201, 206.4, 207.5, 208, 211.2, 249.36, 249.40, 249.45, 260, 261.1, 263. 270, 270.2, 303.1, 304, 307,329,401,406, 411A.3, 413.10, 415.3, 415.5, 415.7, 417.5, 418.7, 419, 419.6, 423.1, 423.2, 423.3, 423.5, 426, 427, 429.2, 603, 608.1, 802.1, 802.4, 803.3, 803.4, 803.5, 803.9, 809, 813,825,840,841, 842,843, 844, 845,846, 847,890.37,890.116, and 890.124; and deleting Sections 263.11,425, 802.5, 803.8, 815,816,817, and 818, to read as follows: SEC. 102. DEFINITIONS. * * * * Floor Area, Gross. In Districts other than C-3, CMUOthe Central SoMa Special Use District and the Van Ness Special Use District, the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Where columns are outside and separated from an exterior wall (curtain wall) that encloses the building space or are otherwise so arranged that the curtain wall is clearly separate from the structural members, the exterior face of the curtain wall shall be the line of measurement, and the area of the columns themselves at each floor shall also be counted. In the C-3 and CMUOCentral SoMa Districts and the Van Ness Special Use District§,, the sum of the gross areas of the several floors of a building or buildings, measured along the glass line at windows at a height of four feet above the finished floor and along a projected straight line parallel to the overall building wall plane connecting the ends of individual windows, provided, however, that such line shall not be inward of the interior face of the wall. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 16 (a) Except as specifically excluded in this definition, "Gross Floor Area" shall include, but not be limited to, the following: * * * * (7) In districts other than the C-3 and CMUOCentral SoMa Special Use Districts, floor space in accessory buildings; and (8) In the C-3 and CMUOCentral SoMa Special Use Districts, any floor area dedicated to accessory or non-accessory parking, except for bicycle parking, required off-street loading, and accessory parking as specified in subsection (b)(?); and * * * * (b) "Gross Floor Area" shall not include the following: * * * * (4) Mechanical equipment, appurtenances, and areas necessary to the operation or maintenance of the building itself (A) if located at an intermediate story of the building and forming a complete floor level; or (B) in the C-3 and CMUOCentral SoMa Special Use_Districts, if located on a number of intermediate stories occupying less than a full floor level, provided that the mechanical equipment, appurtenances, and areas are permanently separated from occupied floor areas and in aggregate area do not exceed the area of an average floor as determined by the Zoning Administrator; * * * * (7) In C-3 and CMUO Districts, floor space dedicated to parking which does not exceed the amount principally permitted as accessory, and is located underground. * * * * (13) Ground floor area in the C-3-0, C-3-0(SD), C-3-S, C-3-S(SU), end-and C- 3-G., Districts, and CMUOin the Central SoMa Special Use_Districts devoted to building or pedestrian circulation and building service; Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 17 * * * * (16) Floor area in C-3, South o.fA1arkeUrfixed Use Districts, and Eastern Neighborhoods Mixed Use Districts devoted to child care facilities, provided that: (A) Allowable indoor space is no less than 3,000 square feet and no more than 6,000 square feet;-ttnd,:. (B) The facilities are made available rent free;-ttnd,:. (C) Adequate outdoor space is provided adjacent, or easily accessible, to the facility. Spaces such as atriums, rooftops, or public parks may be used if they meet licensing requirements for child care facilities,,:. and (D) The space is used for child care for the life of the building as long as there is a demonstrated need. No change in use shall occur without a finding by the Planning Commission that there is a lack of need for child care and that the space will be used for a facility described in S§:ubsection @117) below dealing with cultural, educational, recreational, religious, or social service facilities; (17) Floor area in C-3, South o.fA/arkeU,{ixed Use Districts, and Eastern Neighborhoods Mixed Use Districts permanently devoted to cultural, educational, recreational, religious, or social service facilities available to the general public at no cost or at a fee covering actual operating expenses, provided that such facilities are: (A) Owned and operated by a nonprofit corporation or institution; or (B) Are made available rent free for occupancy only by nonprofit corporations or institutions for such functions. Building area subject to this S§:ubsection shall be counted as Occupied Floor Area, except as provided in S§:ubsections(a) through (f) in the definition for Floor Area, Occupied, for the purpose of calculating the freight loading requirements for the project; * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 18 SEC.123. MAXIMUM FLOOR AREA RATIO. (a) The limits upon the floor area ratio of buildings, as defined by this Code, shall be as stated in this Section and Sections 124 through 128.1. The maximum floor area ratio for any building or development shall be equal to the sum of the basic floor area ratio for the district, as set forth in Section 124, plus any premiums and floor area transfers which are applicable to such building or development under Sections 125, 127"' afl€1-128., and 128.1 and as restricted by the provisions of Sections 123(c) and (d) and 124(b) and U). (b) No building or structure or part thereof shall be permitted to exceed, except as stated in Sections 172 and 188 of this Code, the floor area ratio limits herein set forth for the district in which it is located. (c) In the C-3 Districts. +!he amount ofTDR that may be transferred to a development lot, as allowed by Section 128, is limited as follows: (1) The gross floor area of a structure on a lot in the C-3-0 District may not exceed a floor area ratio of 18 to 1; (2) The gross floor area of a structure on a lot in the C-3-R, C-3-G and C-3-S Districts may not exceed a floor area ratio that is 1 Yz times the basic floor area limit for the district as provided in Section 124. This section shall not apply to the C-3-S (SU) District. (d) The gross floor area of a structure on a lot on which is or has been located a Significant or Contributory Building may not exceed the basic floor area ratio limits stated in Section 124 except as provided in Sections 128(c)(2) and 124(f). (e) C-3-0(SD) District. To exceed the basic floor area ratio limit of 6.0:1 up to a ratio of 9.0:1, TOR must be transferred to the development lot as described in Section 128. The use of TOR to exceed a floor area ratio of 9.0:1 shall not be allowed in the C-3-0(SD) district. In order to exceed a floor area ratio of 9.0:1, all projects must participate in the Transit Center Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 19 District Mello-Roos Community Facilities District as described in Section 424.8. The gross floor area of a structure on a lot in the C-3-0(SD) District shall not otherwise be limited. (f) A project subject to the TOR requirements of Section 249.78 is subject to the floor area ratio restrictions contained in that Section. SEC.124. BASIC FLOOR AREA RATIO. (a) Except as provided in S~ubsections (b), (c), (d), (e),_ and (I) of this Section 124, the basic Floor Area Ratio limits specified in the Zoning Control Table for the district in which the lot is located, or in Table 124 below, shall apply to each building or development in the districts indicated. TABLE 124 BASIC FLOOR AREA RATIO LIMITS District * * * * RW;- SPD, NC-1, NCT-1, NC-S Haight Inner Clement Inner Sunset North Beach Outer Clement Sacramento Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Basic Floor Area Ratio Limit 1.8 to 1 Page 20 24th Street-Noe Valley West Portal * * * * &bR, &bl :J:.§.fe-1 &&Q f£Hd in e 4() er- §.() J{()ef heighf distr-ief J.()tel &&Q eHd iH e ().§. er 8() J-f8et height distr-ief 4. () fe .[ &&Q end if'l e -lJ() J-f8et height distriet 4. §. tO -J * * * * * * * * U) Within the eny RSD, SPD, SLR, SLl er- SSQ District, Live/Work Units constructed above the floor area ratio limits in Section 1 02 (Floor Area Ratio, subsection (b)( 19)) of this Code shall be subject to the following conditions and standards: (1) Considering all Dwelling Units and all Live/Work Units on the lot, existing and to be constructed, there shall be no more than one Live/Work Unit and/or Dwelling Unit per 200 square feet of lot area, exeepf thef, for-pr-ejeets iH the RSD Distriet rvhieh will exeeed 4() J!Cet in heiglzt, end ther-efor-e er-e r-equired fe ebfein eenditimwl use eppr-eml, the elleweble densityJ-f8r- DVY·elling UJ'lits end Live/Wor-k Unit's shell be eswblished es perf e.fthe eenditimwl use deter-minetien; and * * * * SEC. 128.1. TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL SOMA SPECIAL USE DISTRICT. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 21 (a) Purpose. The purpose ofthis Section is to use Transterable Development Rights to facilitate the economic viability of buildings that are o[civic importance, that are not built to their full development potential, and that are within the Central SoMa Special Use District, established in Section 249. 78. (b) Definitions. "Development Lot." A lot within the Central SoMa Special Use District to which Transferable Development Rights may be transferred. The following areas are exempted from the calculation of the Development Lot area: The Development Lot shall not include any land dedicated to the City for affordable housing pursuant to Section 249.78 or land dedicated to the City for publicly-owned parks or publicly-owned recreation centers pursuant to Section 263.32 or 263.34. "Preservation Lot." A parcel ofland within the Central SoMa Special Use District on which exists (I) a Significant or Contributory Building, as designated pursuant to Article 11 ofthis Code,· or (2) a structure designated as an individual landmark or as contributory to a historic district designated pursuant to Article 10 ofthis Code. The boundaries ofthe Preservation Lot shall be the boundaries ofthe Assessor's Lot on which the building is located at the time the ordinance making the designation is adopted, unless boundaries are otherwise specified in that ordinance. "Transfer Lot." A lot within the Central SoMa Special Use District from which Transferable Development Rights may be transferred. "Transferable Development Rights (TDR)." Units o[allowable Gross Floor Area that may be transferred, pursuant to the provisions oft his Section and Article 11 o(this Code, from a Transfer Lot to increase the allowable Gross Floor Area o[a development on a Development Lot. "Unit o(TDR." One unit o[TDR is one square foot o[Gross Floor Area. (c) Applicability. TDR may be transferred from a Transfer Lot to a Development Lot, subject to the requirements set forth in this Section 128.1 and Section 249.78. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 22 (1) The maximum TDR available for transfer from a Transfer Lot consists o[the difference between the allowable Gross Floor Area on the Transfer Lot and the actual Gross Floor Area o[the development located on the Transfer Lot. For purposes ofthis Section, the allowable Gross Floor Area o[the Transfer Lot is as follows: (A) 3. 0 Floor Area Ratio for projects in height districts of 40 to 49 feet,· (B) 4.0 Floor Area Ratio for projects in height districts of50 to 59 feet; (C) 5. 0 Floor Area Ratio for projects in height districts of 60 to 69 feet,· (D) 6. 0 Floor Area Ratio tor projects in height districts of 70 to 85 feet; and (E) 7. 5 Floor Area Ratio for projects in height districts over 85 feet. (2) TDR may not be transferred [or use on any lot on which there is a Significant or Contributory building designated pursuant to Article II or any building designated pursuant to Article I 0; provided that this restriction shall not apply if the Historic Preservation Commission finds that the additional space resulting from the transfer ofTDR is essential to make economically feasible the reinforcement of a Significant or Contributory building designated pursuant to Article II to meet the standards [or seismic loads and forces o[the Building Code, in which case TDR may be transferred [or that purpose, provided that the project sponsor has satisfied all other requirements o[this Section and Article II, including but not limited to the requirements ofSections IIII through IIII. 6. (3) Notwithstanding any other provision o[this Section I28.I, development on a Development Lot is limited by the provisions o[this Code, other than those on floor area ratio, governing the approval ofprojects, including but not limited to the requirements relating to height, bulk, setback, sunlight access, and separation between towers, and any limitations imposed pursuant to Section 329 review applicable to the Development Lot. (d) Controls. The transfer ofTDR shall be allowed only under the following circumstances: (1) The Transfer Lot is a Preservation Lot or consists of a building all oft he housing units of which are Affordable Housing Units as defined in Section 401. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 23 (2) The purchaser o[the TDR is a Development Lot as defined in Section 128 and 128.1. (e) Additional Requirements. Projects transferring TDR pursuant to this Section 128.1 are subject to the requirements ofPlanning Code Section 128(e) through a2 and Section 249.78. SEC. 132.4. SETBACKS, STREETWALLARTICULATION,AND TOWER SEPARATION IN THE CENTRAL SOMA SPECIAL USE DISTRICT. (a) Purpose. The controls in this Section 13 2. 4 are intended to ensure that new buildings in the Central SoMa Special Use District contribute to the activation, safety, and dynamism o[the neighborhood, help create a strong urban room, and facilitate a substantial amount o(light and air to the neighborhood's major streets. (b) Definitions. The definitions of Section 102 shall apply, as well as the fOllowing additional definitions. "Mid-Rise Building." A building above 85 feet and up to 160 feet in Height. "Mid-Rise Portion." The portion of a Mid-Rise Building above 85 feet in Height. "Separation." The distance, measured horizontally, between the outside surfaces o[the exterior walls o[the subject buildings. "Tower." Any building taller than 160 feet in Height. "Tower Portion." The portion of a Tower above 85 feet in Height. (c) Applicability. The controls in this Section 132.4 apply within the Central SoMa Special Use District, established in Section 249.78. (d) Controls. (1) Streetwall. (A) Requirements. Buildings shall be built up to the street- or alley-facing property line up to 65 feet in Height, subject to the controls ofSection 261.1 as applicable, except as provided in subsection (B) below. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 24 (B) Permitted Streetwall Setbacks. Notwithstanding the requirements of subsection (A), any building may be recessed from the property line as follows: (i) To the extent necessary to accommodate any setback required by this Code,· (ii) For portions ofresidential buildings with walk-up dwelling units that have setbacks in accordance with the Ground Floor Residential Guidelines,· (iii) For publicly-accessible open space built pursuant to the requirements ofSection 138; or (iv) For building facade architectural articulation and modulation up to a maximum depth of a§ feet. (2) Setbacks. (A) For Mid-Rise Buildings in the CS Bulk District, as defined in Section 270(h), the following requirements apply: (i) Along all street- and alley-facing property lines, a 15-foot setback is required for the Mid-Rise Portion for at least 60 percent ofthe frontage length. This setback may be reduced for obstructions permitted by Section 13 6; (ii) Along all interior property lines, a 15-[oot setback is required [or the Mid-Rise Portion [or the entire frontage. This setback may be reduced [or obstructions permitted according to Section 13 6. (B) For Towers in the CS Bulk District, along all property lines, a 15-[oot setback is required [or the Tower Portion [or the entire frontage. This setback may be reduced [or obstructions permitted according to Section 13 6. (C) Along 4th Street between Bryant Street and Townsend Street, building facades on new development shall be set back from the street-facing property line by a minimum depth offive feet to a minimum height of25 [eet above sidewalk grade. This setback shall be designed as an Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 25 extension ofthe sidewalk, free o(columns or other obstructions, except as allowed according to Section 136, and shall generally be available to the public at all times [or pedestrian circulation. (3) Building Separation. (A) The Tower Portion o(a project shall have a horizontal separation o(at least 115 feet from the Tower Portion o(any other Tower. (B) Through the procedures o(Section 329, the Planning Commission may reduce the separation required under subsection (A) ifit finds that a Tower project meets all o(the .following criteria: {i) The Tower Portion o(the project has, at a minimum, a horizontal 1 0 separation o(at least 85 teet from the Tower Portion of any other Tower; (ii) The maximum floor area o(any floor o(the Tower Portion ofthe project is no more than 10,000 gross square teet,· (iii) The maximum height ofthe uppermost building element or mass, occupied or unoccupied, ofthe Tower has a difference o(at least 50 teet in Height from the maximum height o(the uppermost element o(any other Tower within 115 teet o(horizontal distance; and (iv) The Tower Portion oft he project is designed so as to maximize apparent distance and architectural differentiation from any other nearby Tower. (C) The Tower Portion o(a project shall have a horizontal separation o(at least 30 teet from any Mid-Rise Portion on the same development lot, except that a bridge between the Tower Portion and the Mid-Rise Portion may be permissible up to a height o[J30 teet ifthe bridge is no more than one story in height, is set back a minimum o[J5 teet from any property line, and is visually subordinate to the buildings it connects. (D) Any development containing both a Tower Portion and Mid-Rise Portion shall be designed to emphasize a visual distinction between the Tower and Mid-Rise Portions as separate structures. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 26 * * * * SEC.134. REAR YARDS, R, NC, C, SPD, M, MUG, WMUG, MUO, MUR, UMU, RED, AND RED-MX, RSD, SLR, SU AND SSO DISTRICTS. The rear yard requirements established by this Section 134 shall apply to every building in the districts listed below. To the extent that these provisions are inconsistent with any Special Use District or Residential Character District, the provisions of the Special Use District or Residential Character District shall apply. These requirements are intended to assure the protection and continuation of established mid block, landscaped open spaces, and maintenance of a scale of development appropriate to each district, consistent with the location of adjacent buildings. (a) Basic Requirements. The basic rear yard requirements shall be as follows for the districts indicated: (1) RH-1(D), RH-1, RH-1(S), RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific Avenue NC District, C, M, MUG, WMUG, MUO, CMUO. MUR, UMU, RED, RED-MX, and SPD, RSD, SLR, SU andSSO Districts. Except as specified in this subsection, +!he minimum rear yard depth shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet. !8LFor buildings containing only SRO Units in the South ojf,{arlwt Afixed Use and Eastern Neighborhoods Mixed Use Districts, the minimum rear yard depth shall be equal to 25% of the total depth of the lot on which the building is situated, but the required rear yard of SRO buildings not exceeding a height of 65 feet shall be reduced in specific situations as described in S~ubsection (c) below. (8) To the extent the lot coverage requirements of Section 249.78 apply to a project. those requirements shall controL rather than the requirements of this Section 134. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 27 (C) RC-3, RC-4, NC-3, NCT-3, Broadway, Fillmore Street NCT, Hayes- Gough NCT, Japantown, SoMa NCT, Mission Street NCT, Polk Street, Pacific Avenue, C, M, SPD, RSD, SLR, SU, SSO, 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 J3f3i' 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. * * * * (c) Reduction of Requirements in RH-2, RH-3, RTO, RTO-M, RM-1,_ and RM-2 Districts. The rear yard requirement stated in Paragraph subsection (a)(2) above and as stated in Paragraph subsection (a)(1) above for SRO buildings located in either the South ofA1arket }.4ixed Use or the Eastern Neighborhoods Mixed Use Districts not exceeding a height of 65 feet, shall be reduced in specific situations as described in this S~ubsection (c), based upon conditions on adjacent lots. Except for those SRO buildings referenced above in this paragraph whose rear yard can be reduced in the circumstances described in S~ubsection (c) to a 15-foot minimum, under no circumstances, shall the minimum rear yard be thus reduced to less than a depth equal to 25 percent of the total depth of the lot on which the building is situated, or to less than 15 feet, whichever is greater. * * * * SEC. 135. USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING, R, NC, MIXED USE, C, AND M DISTRICTS. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 28 Except as provided in Sections 134.1, 172,_ and 188 of this Code, usable open space shall be provided for each dwelling and each group housing structure in R, NC, C, Mixed Use, and M Districts according to the standards set forth in this Section 135 unless otherwise specified in specific district controls elsewhere in this Code. * * * * (d) Amount Required. Usable open space shall be provided for each building in the amounts specified herein and in Tables 135A and 8 for the district in which the building is located; provided, however, that in the Downtown Residential (DTR) Districts, open space shall be provided in the amounts specified in Section 825 of this Code. In Neighborhood Commercial Districts, the amount of usable open space to be provided shall be the amount required in the nearest Residential District, but the minimum amount of open space required shall be in no case greater than the amount set forth in Table 135A for the district in which the building is located. The distance to each Residential District shall be measured from the midpoint of the front lot line or from a point directly across the street therefrom, whichever requires less open space. * * * * (5) Eastern Neighborhoods Mixed Use Districts. (A) Minimum amount. (i) Dwelling units, excluding SRO dwelling units. The minimum amount of usable open space to be provided for use by each dwelling unit shall be as specified in Table 1358. fliLFo-rgGroup housing structures and, including SRO dwelling units;-:, t=Ihe minimum amount of usable open space provided for use by each bedroom shall be one-third the amount required for a dwelling unit as specified in Table 1358. (B) Compliance. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 29 (i) Privately-owned public open space. Usable open space requirements in these areas may be fulfilled by providing privately-owned public open space as specified in Table 1358. (ii) Towers in the CMUOCentral SoMa Special Use District. Residential developments taller than 160 feet shall provide on-site at least 36 square feet per unit or bedroom o[the open space requirement o[Table 135B. Anv additional open space required pursuant to Table 135B may be satisfied through payment o[the fee established in Section 427. (iii) Payment in case of Variance or exception. Projects granted a usable open space Variance pursuant to Section 305 or an exception through Section 329 shall pay the .fee established in Section 427 for each square foot o[useable open space not provided. * * * * TABLE 135 A MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING OUTSIDE THE EASTERN NEIGHBORHOODS MIXED USE DISTRICT District * * * * C-3, C A1, SLR, SLI, SSG, M-1 , M-2 * * * * * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Square Feet ~Q[Usable Ratio of Common Usable Open Space Required FtJr. Open Space That May Be .t.Qr_Each Dwelling Unit If All Substituted for Private Private 1.33 Page 30 (h) Publicly-Accessible Usable Open Space Standards. In DTR Districts and the Eastern Neighborhoods Mixed Use Districts, some or all of the usable open space requirements may be fulfilled by providing privately-owned public open space. Any space credited as publicly-accessible usable open space, where permitted or required by this Code, shall meet the following standards: ( 1) Types of Open Space. Open space shall be of one or more of the following types: (A) An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas; (B) An unenclosed plaza at street grade, with seating areas and landscaping and no more than 1 0 percent of the total floor area devoted to facilities for food or beverage service, exclusive of seating areas as regulated in Section 138(d)~; (C) An unenclosed pedestrian pathway which complies with the standards of Section 270.2 and which is consistent with applicable design guidelines. (D) Streetscape improvements with landscaping and pedestrian amenities that result in additional pedestrian space beyond the pre-existing sidewalk width and conform to the Better Streets Plan and any other applicable neighborhood streetscape plans pePpursuant to Section 138.1 or other related policies such as those associated with sidewalk widenings or building setbacks, other than those intended by design for the use of individual ground floor residential units; and (2) Standards of Open Space. Open space shall meet the standards described in Section 138(d)(J) through (11) ofthis Code. (3) Maintenance. Maintenance requirements for open space in these areas are subject to Section 138(h) of this Code. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 31 (4) Informational Plaque. Signage requirements for open space in these areas are subject to Section 138(i) of this Code. (5) Open Space Provider. Requirements regarding how to provide and ! maintain open space are subject to Section 138(f) of this Code. (6) Approval of Open Space Type and Features. Approval of open space in these areas is subject to requirements of Section 138(d) of this Code. * * * * SEC. 135.3. USABLE OPEN SPACE FOR USES OTHER THAN DWELLING UNITS, GROUP HOUSING AND LIVE/WORK UNITS WITHIN THE SOllTH OFAfARKET, EASTERN NEIGHBORHOODS MIXED USE, AND DTR DISTRICTS. (a) Amount of Open Space Required. All newly constructed structures, all structures to which gFfJS;Sjloor areaGross Floor Area equal to 20%percent or more of existing grossjloor arettGross Floor Area is added, and all structures in the SSO and Eastern Neighborhoods Mixed Use Districts within which floor area is converted to office use other than office use accessory to a non-office use shall provide and maintain usable open space for that part of the new, additional or converted square footage which is not subject to Sections 135.1 and 135.2 as follows: MINIMUM USABLE OPEN SPACE REQUIREMENTS FOR USES OTHER THAN DWELLING UNITS, GROUP HOUSING AND LIVE/WORK UNITS IN THE SOUTH OF AfARKET, EASTERN NEIGHBORHOODS MIXED USE, AND DTR DISTRICTS Use * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Square Feet of Useable Open Space Required Page 32 },1anufacturing and light industrial, storage I sq. ft. per 120 gross sq. ft. ofoceupiedjloor ·without distribution J+acilities, and like uses in the area &jnm~· or added square footage South 0:_,£1\/arltet 1~efixed f:Jse .[)istriets * * * * Office uses, as defined hi 890. 70, in the South &/ 1 sq. ft. per 90 sq. ft. 0:_,£oecupiedjloor area 0:_,+ .P.!arlfet 1~efixed f:Jse .[)istricts neH', eow;;erted or added square feotage * * * * * * * * (2) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, the open space requirements of this Section 135.3 may be fulfilled by providing privately-owned public open space. Such open space is subject to the following: (A) The amount of open space required pursuant to Table 135.3 may be reduced by 33%pereent if it is publicly accessible usable open space. (B) Publicly accessible usable open space is required to meet all requirements specified in Section 135(h) of this Code. (C) Up to 50%percent of the publicly accessible open space may be provided off-site, subject to Section 329 0:_,£this Code for projects to which that Section applies and Section 307(h) for other projects. Any such space shall meet the publicly accessible open space standards set forth in Section 135(h) and be provided within 800 feet of the project. The publicly accessible off-site usable open space shall be constructed, completed, and ready for use no later than the project itself, and shall receive its Certificate of Final Completion from the Department of Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary Certificate of Occupancy for the project itself. This subsection (C) Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 33 shall not apply to projects in the CMUOCentral SoMa Special Use District, and instead such projects shall comply with Section 138. (3) Central SoMa SUD. This Section 135.3 shall not apply to projects subject to the privately-owned public open space requirement pursuant to Section 138(a)(2). (~) DTR Districts. In DTR Districts, the open space requirements of this Section may be fulfilled by providing privately-owned public open space and shall be subject to the following: (A) Such open space shall meet all requirements specified in Section 135(h) of this Code. (B) Up to 50 percent of required open space may be provided off-site per the procedures of Section 309.1 if it is within the individual DTR district of the project or within 500 feet of any boundary of the individual DTR district of the project. * * * * SEC.138. PRIVATELY-OWNED PUBLIC OPEN SPACE (POPOS) REQUIREMENTS INC 3 DISTRICTS. {g)_RequirementApplicability. The fOllowing projects shall provide open space in the amount and in accordance with the standards set fOrth in this Section: (I) In C-3 Districts, any project proposing new construction o[An applicant for a permit to construct a ne-.,v a Non-Residential building or an addition of Gross Floor Area equal to 20 percent or more of an existing Non-Residential building (hereinafter "building''). Institutional uses in C-3 Districts are exempt from the requirements ofthis Section 138. in C 3 Districts shall provide open space in the amount and in accordance wit,lz the standards set forth in this Section. All determinations concerning the adequacy of the amount o.fopen space to be pro·vided and its compliance wit,lz the requirements ofthis Section shall be made in accordance with tlzeprovisions ofSection 309. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 34 (2) In the CMUOCentral SoMa Special Use District, any project proposing new construction or an addition o[50, 000 gross square feet or more o[Non-Residential use. Retail, Institutional, and PDR uses in the CMUOCentral SoMa Special Use District are exempt from the requirements o[this Section I38. (b) Amount Required. Except in the C 3 O(SD) District, oOpen space shall be provided in the amounts specified in Table I38 belawfor aU uses except (i) Residential Uses, "'rt,.hich shaU be governed by Section 135 oftl'lis Code and (ii) !nstitutimwl Uses. Table 138 Minimum Amount of Open Space Required Use District Ratio of Square Feet of Open Space to Gross Floor Area With Open Space Requirement C-3-0 1:50 C-3-R 1:100 C-3-G 1:50 C-3-S 1:50 C-3-0 (SO) 1:50 CMUOCentral 1 :50; hovvever, every square foot of the follmving amenities shall count as SoMa Special 1.33 square feet tmvards meeting the requirements of this Section: (1) Use District 13laygrounds; (~) community gardens; (3) s13ort courts; and (4) dog runs. (c) Location. The open space required by this Section may be on the same site as the buildingproject for which the permit is sought, or within 900 feet of it on either private property or, with the approval of all relevant public agencies, public property, provided that all open space required by this Section for a project within the C-3 District shall f'l17;fS-{ be located Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 35 entirely within the C-3 District. Projects within the CMUOCentral SoMa Special Use District mav provide the open space required by this Section within one-hal[mile ofthe project ifthe required open space is on publicly-owned land underneath or adjacent to the 1-80 freeway. Open space is within 900 feet of the building for which the permit is sought within the meaning of this Section if any portion of the buikiingproject is located within 900 feet of any portion of the open space. Off- site open space shall be developed and open for use prior to issuance of a first certificate of occupancy, as defined in Section 401 oft his Code, of the buildingproject whose open space requirement is being met off-site. Failure to comply with the requirements of this subsection shall be grounds for enforcement under this Code, including but not limited to the provisions of 1 0 Sections 176 and 176.1. (d) Types and Standards of Open Space. (I) C-3 Districts. In C-3 Districts, Eg_xcept as otherwise provided in $~ubsection (ef>, the project applicant may satisfy the requirements of this Section by providing one or more of the following types of open space: A plaza, an urban park, an urban garden, a view terrace, a sun terrace, a greenhouse, a small sitting area (a ~snippet~), an atrium, an indoor park, or a public sitting area in a galleria, in an arcade, in a public street or alley, or in a pedestrian mall or walkway, as more particularly defined in the table entitled "Guidelines for Open Space" in the Open Space Section of the Downtown Plan, or any amendments thereto, provided that the open space meets the following minimum standards. The open space shall: (:1-4) Be of adequate size; (-2-!.1) Be situated in such locations and provide such ingress and egress as will make the area easily accessible to the general public; (JC) Be well-designed, and where appropriate, be landscaped; (4D) Be protected from uncomfortable wind; Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 36 (-3-E.) Incorporate various features, including ample seating and, if appropriate, access to food service, which will enhance public use of the area; (fi-E) Have adequate access to sunlight if sunlight access is appropriate to the type of area; (-7G) Be well-lighted if the area is of the type requiring artificial illumination; (8fD Be open to the public at times when it is reasonable to expect substantial public use; (!J.D Be designed to enhance user safety and security; (M.j) If the open space is on private property, provide toilet facilities open to the public; and (-1-1-K) Have at least 75 percent of the total open space approved be open to the public during all daylight hours. QLCMUOCentral SoMa Special Use District. In the CMUOCentral SoMa Special Use District, a project shall satisfY the requirements listed below, as well as the approval process described in subsection (~ (A) Projects shall meet the minimum standards o[subsection (dJi.ll_ (B) Projects may provide open spaces outdoors or indoors, or may pay the in lieu fee as set forth in Section 4276 and subject to Commission review pursuant to subsection {e~) below or may pay the in-lieu fee as set forth in Section 426. except that development on sites of 40,000 square feet or more and located south of Bryant Street shall provide the required open space outdoors and may not pay an in-lieu fee. (C) All open space provided shall be at street grade up to an amount that equals 15 percent ofthe lot area. Any additional required open space may be provided above street grade. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 37 (D) All open space shall be publicly accessible, at a minimum, from 7 AM to 6PM every day. (E) All outdoor open space provided at street grade, except space provided underneath the 1-80 freeway, shall meet the [allowing requirements: (i) The open space shall be open to the sky, except [or obstructions permitted by Section 13 6 and up to 1 0% of space that may be covered by a cantilevered portion of the building if the space has a minimum height of 20 feet (ii) Any buildings on the subject property that directly abut the open space shall meet the active space requirements ofSection 145.1; and (iii) The open space shall be maximally landscaped with plantings on horizontal and vertical surfaces, subject to the appropriate design [or circulation routes and any recreational or public amenities provided. Such plantings may include. but are not limited to living walls. stormwater gardens. and drought-tolerant landscaping. (F) All indoor open spaces provided at street grade shall: (i) Have a minimum area of2.500 square feet; (ii) Have a minimum floor-to-ceiling height of20 [eet for at least 75% of the space,:_ (iii) Provide openings directly to a sidewalk or other publicly-accessible outdoor space and, weather permitting. be accessible without the need to open doors; (iv) Be situated, designed, and programmed distinctly from building lobbies or other private entrances to the building,· {QLI\11 spaces Projects shall make efforts to include at least one publicly- accessible potable water source convenient [or drinking and filling of water bottles. (H) Any food service area provided in the required open space shall occupy no more than 20% ofthe open space,· Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 38 (I) Any restaurant seating shall not take up more than 20% ofthe seating and tables provided in the required open space,· and {J) All spaces shall facilitate three-stream waste sorting and collection. (e) Approval of Open Space Type and Features. (I) In C-3 Districts, +:the type, size, location, physical access, seating and table requirements, landscaping, availability of commercial services, sunlight and wind conditions and hours of public access shall be reviewed and approved in accordance with the provisions of Section 309, and shall generally conform to the "Guidelines for Open Space" in the Open Space Section ofthe Downtown Plan, or any amendments thereto. The Commission may, by resolution, declare certain types of open space ineligible to meet the requirements o[this Section 138, either throughout C-3 Districts, or in certain defined areas, if it determines that a disproportionate number of certain types of open space, or-thftt an insufficient number of parks and plazas, is being provided in order to meet the public need for open space and recreational uses. Such resolution may exempt from its application projects whose permit applications are on file with the Planning Department. Over time, no more than 20 percent of POP OS in the space provided under this Section .J.-Y5-C-3 Districts shall be indoor space and at least 80 percent shall be outdoor space. Once an indoor space has been approved, another such feature may not be approved until the total square footage of outdoor open space features approved under this subsectionSection exceeds 80 percent of the total square footage of all open spaces approved under this subsectionSection. {2) In the CMUOCentral SoMa Special Use District, all determinations concerning the adequacy ofthe location, amount, amenities, design, and implementation o[open space required by this Section shall be made in accordance with the provisions o[Section 329 and subsection-f.e)lili1JL Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 39 above. As part o{this determination, the Planning Commission shall consider the ability ofthe open space to meet the open space, greening, and community needs ofthe neighborhood, as follows: (A) Location. The provision of outdoor space, including off-site, should be given preference over the provision o[indoor space and/or the payment ofthe in-lieu fee. The Commission may approve the provision o[indoor space and/or the payment ofthe in-lieu fee only where the provision o{outdoor space would: OJ Be subject to substantially negative or unpleasant environmental conditions, such as noise, wind, or lack of access to direct sunlight; and/or (ii) Where provision o(the open space outdoors would substantially degrade the street wall or otherwise undermine the pedestrian experience. (B) Amenities. The type o{amenities provided shall take into consideration and complement the amenities currently and [oreseeably provided in nearby publicly-accessible open spaces and recreational facilities, both publicly and privately owned, with a preference given to provision o{amenities and types o{spaces lacking or over-utilized in the area. (C) Community Needs. The Commission shall consider the extent to which the open space serves the open space and recreational needs of the diverse inhabitants of the Central SoMa Special Use District. including but not limited to residents. youth, families, workers, and seniors. * * * * SEC. 140. ALL DWELLING UNITS IN ALL USE DISTRICTS TO FACE ON AN OPEN AREA. (a) Requirements for Dwelling Units. With the exception ajDtFelling Units in SRO buildings in the Sout,lq o.fAfarket },fixed Use Districts, iln 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 Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 40 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 Sections 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 and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor, except for SRO buildings in the Eastern Neighborhoods Mixed Use Districts, which are not required to increase five feet in every horizontal dimension until the fifth floor of the building. * * * * SEC. 145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. . (a) Purpose. The purpose of this Section is to preserve, enhance, and promote attractive, clearly defined street frontages that are pedestrian-oriented and fine-grained, and w-hiehthat are appropriate and compatible with the buildings and uses in Neighborhood Commercial Districts, Commercial Districts, Residential-Commercial Districts, and Mixed Use Districts. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 41 (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections (1) Above Grade Parking Setback and (4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above. In NC-S Districts, the applicable frontage shall be the primary facade(s) whiehthat contain~ customer entrances to commercial spaces. * * * * (4) Ground Floor Ceiling Height. Unless otherwise established elsewhere in this Code: (A) All ground floor uses in UMU Districts shall have a minimum floor-to- floor height of 17 feet, as measured from grade. Ground floor Residential Uses shall also be designed to meet the City's Ground Floor Residential Design Guidelines. (B) Ground floor Non-Residential Uses in all C-3, NCT, DTR, Chinatown Mixed Use, RSD, SLR, SLL SPD, SSG;-RED-MX, WMUG, MUG, MUR, WMUO,_ CMUO and MUO Districts shall have a minimum floor-to-floor height of 14 feet, as measured from grade. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. (a) Purpose. To support active, pedestrian-oriented commercial uses on important commercial streets. (b) Applicability. The requirements of this Section apply to the following street frontages. * * * * (7) Fourth Street, between Folsom Bry•ant and Townsend Streets in the SLI and CMUOCentral SoMa Special Use Districts; * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 42 (28) Any street frontage that is in the Polk Street Neighborhood Commercial District; tmd; (29) Pacific Avenue, between Van Ness Avenue and Jones Street, on lots where the last known ground floor use was a commercial or retail use:-..:_ (30) Folsom Street, between 4th and 6th Streets in the CMUO and MUGCentral SoMa Special Use Districts..:_ (31) Second Street, on the west side, between Dow Place and Townsend Street in the CMUOCentral SoMa Special Use District,· (32) Third Street, between Folsom Street and Townsend Street in the CMUOCentral 1 0 SoMa Special Use District and C-3-0 Districts..:_ (33) Brannan Street, between Third Street and Fourth Street, in the CMUOCentral SoMa Special Use District,· and (34) Townsend Street, on the north side, between Second Street and Fourth Street. * * * * (d) Controls. * * * * (4) In the Central SoMa SUD. a project whose street frontage is subject to this Section 145.4 may locate a Privately-Owned Public Open Spaces (POPOS) along such street frontage, provided that the ground floor portion of the building facing the POP OS is lined with active commercial uses. SEC.151.1. SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN SPECIFIED DISTRICTS. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Table 151.1 Page 43 OFF-STREET PARKING PERMITTED AS ACCESSORY Use or Activity Number of Off-Street Car Parking Spaces or Space Devoted to Off-Street Car Parking Permitted RESIDENTIAL USES ~~ ~ * * * * Dwelling Units and SRO Units in SY,--SALI, P up to one car for each four Dwelling or SSff,MUG outside o[_the Central SoMa SUD, SRO Units; C up to 0.75 cars for each WMUG, MUR, MUO, WMUO, SPD Districts, Dwelling Unit, subject to the criteria and except as specified below conditions and procedures of Section 151.1 (e) or (f); NP above 0.75 cars for each Dwelling or SRO Unit. Dwelling Units in SY,--SALI, SSff,MUG P up to one car for each four Dwelling Units; outside o[_the Central SoMa SUD, WMUG, C up to one car for each Dwelling Unit, MUR, MUO, WMUO, and SPD Districts with subject to the criteria and conditions and at least two bedrooms and at least 1,000 procedures of Section 151.1 (e) or (f); NP square feet of Occupied Floor Area above one car for each Dwelling Unit. * * * * Dwelling Units in MUG District within the Pup to one car (or each twefour Dwelling Central SoMa SUD and the CMUO Districts Units,· NPC above 0.25G and up to 0.5 cars (or each Dwelling Unit. * * * * NON-RESIDENTIAL USES IN DISTRICTS OTHER THAN C-3 * * * * Entertainment, ArtsL and Recreation Uses Category Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 44 Arts Activities, except theaters and P up to one for each 2,000 square feet of auditoriums Occupied Floor Area. In South &j},farket A1ixed Use Districts, participation in transportation programs may be required per -ectton )_ -)_ . )_ --. s . 1;).1 1(j) * * * * Sales and Services Category * * * * All retail in the Eastern Neighborhoods P up to one for each 1 ,500 square feet of Mixed Use Districts where any portion of the Gross Floor Area. parcel is within the CMUOCentral SoMa ·Special Use District or is less than 1/4 mile from Market, Mission, 3rd Streets and 4th Street north of Berry Street, except grocery stores of over 20,000 gross square feet. * * * * Office uses in DTR, ssg,SPD, MUG, P up to 7% of the Occupied Floor Area of WMUG, MUR, WMUO, and MUO Districts such uses and subject to the pricing conditions of Section 155(g); NP above. Office uses in the CMUOCentral SoMa Special Pup to one car per 3,500 square feet of Use District Occupied Floor Area. * * * * * * * * (f) Small Residential Projects in MUG, WMUG, MUR, MUO, CMUO, WMUO, RED, RED-MX and SPD Districts. Any project that is not subject to the requirements of Section Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 45 329 and that requests residential accessory parking in excess of what is principally permitted in Table 151.1 shall be reviewed by the Zoning Administrator subject to Section 307(i). The Zoning Administrator may grant parking in excess of what is principally permitted in Table 151.1, not to exceed the maximum amount stated in Table 151.1, only if the Zoning Administrator determines that: * * * * SEC. 152. SCHEDULE OF REQUIRED OFF-STREET FREIGHT LOADING SPACES IN DISTRICTS OTHER THAN C-3, AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, OR SOUTH OFA1ARKETA1IXED USE DISTRICTS. In districts other than C-3, and Eastern Neighborhoods Mixed Use Districts, and the South ofl~1arket :Mixed Use Districts, off-street freight loading spaces shall be provided in the minimum quantities specified in the following table, except as otherwise provided in Section 152.2 and Section 161 of this Code. The measurement of Occupied Floor Area shall be as defined in this Code, except that nonaccessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted. Table 152 OFF-STREET FREIGHT LOADING SPACES REQUIRED (OUTSIDE C-3,AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, AIVD SOUTH OFA1ARKETA1IXED USE DISTRICTS) * * * * SEC. 152.1. REQUIRED OFF-STREET FREIGHT LOADING AND SERVICE VEHICLE SPACES IN C-3,AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, AND SOUTH OFA1ARifETA1IXED USE DISTRICTS. In C-3, and Eastern Neighborhoods Mixed Use Districts, and South oj}Jarket}.1ixed Use Districts, off-street freight loading spaces shall be provided in the minimum quantities specified Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 46 in the following Table 152.1, except as otherwise provided in Sections 153(a)(6), 161, and as stated below in this Section 152.1. Notwithstanding the requirements of this Section, including Table 152.1, no building in the C-3-0(SD) district shall be required to provide more than six off-street freight loading or service vehicle spaces in total. The measurement of Occupied Floor Area shall be as defined in this Code, except that non-accessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted. For projects in the Eastern Neighborhoods Mixed Use Districts that are subject to Section 329, the Planning Commission may waive these requirements pel"pursuant to the procedures of Section 329 if it finds that the design of the project, particularly ground floor frontages, would be improved and that such loading could be sufficiently accommodated on adjacent Streets and Alleys. For projects in the Eastern Neighborhoods Mixed Use Districts that are not subject to Section 329, the Zoning Administrator may administratively waive these requirements pursuant to Section 307(h) and the criteria identified above which apply to projects subject to Section 329. Table 152.1 OFF-STREET FREIGHT LOADING SPACES REQUIRED (IN C-3,-AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, AND SOUTH O..VAfARKETAfiXED USE DISTRICTS) Use or Activity * * * * Wholesaling, manufacturing, and all other uses primarily Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Gross Floor Area of Structure or Use (sq. ft.) 0- 10,000 10,001 - 50,000 Number of Off-Street Freight Loading Spaces Required Page 47 engaged in handling goods, Over 50,000 0.21 spaces per 10,000 sq. and Live/Work Units within ft. of Occupied Floor Area (to existing buildings, within closest whole number Eastern Neighborhoods pe¥pursuant to Section 153) Mixed Use Districts;-tmd Soutl1 o.f},/arket A!ixed Use -/:)i-striefs * * * * * * * * SEC.153. RULES FOR CALCULATION OF REQUIRED SPACES. (a) In the calculation of off-street parking, freight loading spaces, and bicycle parking spaces required under Sections 151, 152, 152.1, 155.2, 155.3 and 155.4 of this Code, the following rules shall apply: * * * * (6) In C-3, MUG, MUR, MUO, CMUO, and UMU, and South ofA!arket-f)i-striets, substitution of two service vehicle spaces for each required off-street freight loading space may be made, provided that a minimum of 50 percent of the required number of spaces are provided for freight loading. Where the 50 percent allowable substitution results in a fraction, the fraction shall be disregarded. * * * * SEC. 154. DIMENSIONS FOR OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE SPACES. (a) Parking Spaces. Required parking spaces may be either independently accessible or space-efficient as described in 154(a)(4) and 154(a)(5), except as required elsewhere in Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 48 the Building Code for spaces specifically designated for persons with physical disabilities. Space-efficient parking is encouraged. (1) Each independently accessible off-street parking space shall have a minimum area of 144 square feet (8 feet by 18 feet) for a standard space and 112.5 square feet for a compact space (7 .5 feet by 15 feet), except for the types of parking spaces authorized by Paragraph (a)(4) below and spaces specifically designated for persons with physical disabilities, the requirements for which are set forth in the Building Code. Every required space shall be of usable shape. The area of any such space shall be exclusive of driveways, aisles and maneuvering areas. The parking space requirements for the Bernal Heights Special Use District are set forth in Section 242. (2) Any ratio of standard spaces to compact spaces may be permitted, so long as compact car spaces are specifically marked and identified as a compact space. Special provisions relating to the Bernal Heights Special Use District are set forth in Section 242. (3) Off-street parking spaces in DTR, C-3, RTO, NCT, Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts shall have no minimum area or dimension requirements, except as required elsewhere in the Building Code for spaces specifically designated for persons with physical disabilities. For all uses in all Districts for which there is no minimum off-street parking requirement, per Section 151.1, refer to 151.1 (c) for rules regarding calculation of parking spaces. (4) Parking spaces in mechanical parking structures that allow a vehicle to be accessed without having to move another vehicle under its own power shall be deemed to be independently accessible. Parking spaces that are accessed by a valet attendant and are subject to such conditions as may be imposed by the Zoning Administrator to insure the availability of attendant service at the time the vehicle may reasonably be needed or desired by the user for whom the space is required, shall be deemed to be independently accessible. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 49 Any conditions imposed by the Zoning Administrator pursuant to this Section shall be recorded as a Notice of Special Restriction. (5) Space-efficient parking is parking in which vehicles are stored and accessed by valet, mechanical stackers or lifts, certain tandem spaces, or other space- efficient means. Tandem spaces shall only count towards satisfying the parking requirement if no more than one car needs to be moved to access the desired parking space. Space- efficient parking is encouraged, and may be used to satisfy minimum-parking requirements so long as the project sponsor can demonstrate that all required parking can be accommodated by the means chosen. (6) Ground floor ingress and egress to any off-street parking spaces provided for a structure or use, and all spaces to be designated as preferential carpool or van pool parking, and their associated driveways, aisles and maneuvering areas, shall maintain a minimum vertical clearance of seven feet. (b) Freight Loading and Service Vehicle Spaces. Every required off-street freight loading space shall have a minimum length of 35 feet, a minimum width of 12 feet, and a minimum vertical clearance including entry and exit of 14 feet, except as provided below. (1) Minimum dimensions specified herein shall be exclusive of platform, driveways and maneuvering areas except that minimum vertical clearance must be maintained to accommodate variable truck height due to driveway grade. (2) The first such space required for any structure or use shall have a minimum width of 10 feet, a minimum length of 25 feet, and a minimum vertical clearance, including entry and exit, of 12 feet. (3) Each substituted service vehicle space provided under Section 153(a)(6) of this Code shall have a minimum width of eight feet, a minimum length of 20 feet, and a minimum vertical clearance of seven feet. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 50 SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF-STREET PARKING, FREIGHT LOADING1 AND SERVICE VEHICLE FACILITIES. Required off-street parking and freight loading facilities shall meet the following standards as to location and arrangement In addition, facilities which are not required but are actually provided shall meet the following standards unless such standards are stated to be applicable solely to required facilities. In application of the standards of this Code for off-street parking and loading, reference may be made to provisions of other portions of the Municipal Code concerning off-street parking and loading facilities, and to standards of the Better Streets Plan and the Bureau of Engineering of the Department of Public Works. Final authority for the application of such standards under this Code, and for adoption of regulations and interpretations in furtherance of the stated provisions of this Code shall, however, rest with the Planning Department. * * * * (d) Enclosure of Off-Street Loading and Service Vehicle Spaces Required. All off- street freight loading and service vehicle spaces in the C-3, DTR, MUO, CMUO, WMUO, MUG, WMUG, and MUR, and South oj}Jarket },{ixed Use Districts shall be completely enclosed,_ and access from a public Street or Alley shall be provided by means of a private service driveway, which that is totally contained within the structure. Such a private service driveway shall include adequate space to maneuver trucks and service vehicles into and out of all provided spaces, and shall be designed so as to facilitate access to the subject property while minimizing interference with street and sidewalk circulation. Any such private service driveway shall be of adequate width to accommodate drive-in movement from the adjacent curb or inside traffic lane but shall in no case exceed 30 feet. Notwithstanding the foregoing, if an adjacent Street or Alley is determined by the Zoning Administrator to be primarily used for Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 51 building service, up to four off-street freight or loading spaces may be allowed to be individually accessible directly from such a Street or Alley, pursuant to the provisions of Section 309 in a C-3 District, the prm:isions &}Section 307(g) in a South o.fA1arket }.4ixed Use District, the provisions of Section 309.1 in a DTR District, the provisions of Section 329 for projects subject to Section 329 in a MUO, CMUO. WMUO, MUG, WMUG, or MUR District, or by administrative decision of the Zoning Administrator for projects that are not subject to Section 329 in a MUO, CMUO, WMUO, MUG, WMUG, or MUR District. * * * * (g) Parking Pricing Requirements. In order to discourage long-term commuter parking, any off-street parking spaces provided for a structure or use other than Residential or Hotel in a C-3, DTR, S&fJ,SPD, MUG, WMUG, MUR, CMUO, WMUO, or MUO District, whether classified as an accessory or Conditional Use, whichthat are otherwise available for use for long-term parking by downtown workers shall maintain a rate or fee structure for their use such that the rate charge for four hours of parking duration is no more than four times the rate charge for the first hour, and the rate charge for eight or more hours of parking duration is no less than 10 times the rate charge for the first hour. Additionally, no discounted parking rate shall be permitted for weekly, monthly or similar time-specific periods. * * * * (r) Protected Pedestrian-, Cycling-, and Transit-Oriented Street Frontages. In order to preserve the pedestrian character of certain downtown and neighborhood commercial districts and to minimize delays to transit service, garage entries, driveways or other vehicular access to off-street parking or loading (except for the creation of new publicly-accessible Streets and Alleys) shall be regulated on development lots as follows on the following Street frontages: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 52 (1) Folsom Street, from Essex Street to the Embarcadero, not permitted except as set forth in Section 827. (2) Not permitted: * * * * (N) 3rd Street, in the UMU districts for 100 feet north and south of Mariposa and 1 00 feet north and south of 20th Streets, and 4th Street between Bryant and Tmtmsend in the SLI and A1UO District, * * * * * * * * (Y) 2nd Street from Market to Folsom Townsend Streets, (CC) Buchanan Street from Post Street to Sutter Street-,_ (DO) Grant Avenue between Columbus Avenue and Filbert Street, (EE) Green Street between Grant Avenue and Columbus/Stockton, (FF) All Alleys within the North Beach NCO and the Telegraph Hill-North Beach Residential SUD,,_ (GG) Howard Street from 5th Street to 13th Street, (HH) Folsom Street from 2nd Street to 13th Street, (11) Brannan Street from 2nd Street to 6th Street, (JJ) Townsend Street from 2nd Street to 6th Street, except as set forth ffipermitted pursuant to Section 329(e)(3)(8}249.78(e)(3),_ (KK) 3rd Street from Folsom Street to Townsend Street, (LL) 4th Street from Folsom Street to Townsend Street, and (MM) 6th Street from Folsom Street to Brannan Street. (3) Not permitted except with a Conditional Use authorization, except that in the C-3-0(SD) and the CMUOCentral SoMa Special Use Distric~. the Planning Commission may Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 53 grant such permission as an exception pursuant to Section~ 309 or 329 in lieu of a Conditional Use authorization where the amount of parking proposed does not exceed the amounts permitted as accessory according to Section 151.1. * * * * (I) 1st, Fremont and Beale Streets from Market to Folsom Street, end (J) The eastern (water) side of The Embarcadero between Townsend and Taylor Streets:-,_ * * * * (K) Harrison Street from 2nd Street to 6th Street, (L) Bryant Street from 2nd Street to 6th Street, and (M) 5th Street from Howard Street to Townsend Street. (u) Driveway and Loading Operations Plan (DLOP) in the Central SoMa Special Use District. {J) Purpose. The purpose o(a Driveway and Loadingaftfl Operations Plan (DLOP) is to reduce potential conflicts between driveway and loading operations, including passenger and freight loading activities, and vedestrians, bicycles, and vehicles, to maximize reliance o(on-site loading spaces to accommodate new loading demand. and to ensure that off-site loading activity is considered in the design of new buildings,_ (2) Applicability. Development projects o(more than 100,000 net new gross square feet in the Central SoMa Special Use District. (3) Requirement. Applicable projects shall prepare a DLOP [or review and approval by the Planning Department and the SFMTA, in consultation with the San Francisco Municipal Transportation Agency. The DLOP shall be written in accordance with any guidelines issued by the Planning Department. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 54 SEC. 163. TRANSPORTATION MANAGEMENT PROGRAMS AND TRANSPORTATION BROKERAGE SERVICES IN COMMERCIAL AND MIXED USE DISTRICTS. (a) Purpose. This Section 163 is intended to assure ensure that adequate services are undertaken to minimize the transportation impacts of added office employment and residential development in the downtown and South of Market area, in a manner consistent with the objectives and policies of the General Plan, by facilitating the effective use of transit, encouraging ridesharing, and employing other practical means to reduce commute travel by single-occupant vehicles. (b) Applicability. The requirements of this Section apply to any project meeting one of the following conditions: * * * * (4) In the case of the SSQ., WMUO, CMUOCentral SoMa Special Use District,_ or MUO District, where the occupied square feet of new, converted or added floor area for office use equals at least 25,000 square feet. * * * * SEC.169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM. Sections 169 through 169.6 (hereafter referred to collectively as "Section 169") set forth the requirements of the Transportation Demand Management Program (TOM Program). * * * * SEC. 169.3. APPLICABILITY. * * * * (e) Operative Date. (1) Except as described in subsection-(4}fl~) below. Development Projects with a Development Application filed or an Environmental Application deemed complete on or before Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 55 September 4, 2016 shall be subject to 50% of the applicable target, as defined in the Planning Commission's Standards. (2) Except as described in subsection-f41~ below, Development Projects with no Development Application filed or an Environmental Application deemed complete on or before September 4, 2016, but that file a Development Application on or after September 5, 2016, and before January 1, 2018, shall be subject to 75% of such target. Ql_Development Projects with a Development Application filed on or after January 1, 2018 shall be subject to 1 00% of such target. (4) Development Projects within the Central SoMa Special Use District that fall within Central SoMa Fee Tier A, B, or C. as defined in Section 423.2, shall be subject to the following requirements: (i) projects that have filed a Development Application or submitted an Environmental Application deemed complete on or before September 4, 2016 shall be subject to 75% of such target. (ii) projects that filed a Development Application or submitted an Environmental Application deemed complete after September 4, 2016 shall be subject to 100% of such target. (4) Development Projects within the Central SoMa Special Use District that have a Central SoMa DevelopmentFee Tier of/\, B, or C, as defined in Section 423.2, regardless of the datae filed of any Development Application or Environmental Application, shall be subject to 100% of such target. * * * * SEC. 175.1. EFFECTIVE DATE OF THE CENTRAL SOMA ZONING CONTROLS. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 56 (a) Intent. It is the intent oft his Section 17 5.1 to provide for an orderly transition from prior zoning and planning requirements to the requirements under the Central SoMa Controls, without impairing the validity o[prior actions by the City or frustrating completion of actions authorized prior to the effective date o[those Controls. {h) Definitions. The following definitions shall apply to this Section 17 5.1: (1) "Central SoMa Controls" shall mean all Ordinances adopted in fitrtherance ofthe Central SoMa Area Plan, including but not limited to Ordinance Nos. 282-18 & 283-18 , and associated amendments to the Planning Code, Zoning Map, and Administrative Code. (2) "Development Application" is defined in Planning Code Section 401. (3) "Project Approval" shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues. (4) "Code Conforming Project" shall mean a development project for which all required Development Applications could have received Project Approval under the Planning Code immediately prior to the effective date ofthe Central SoMa Controls. (c) Applicability. A Code ConfOrming Project within the Central SoMa Special Use District may elect to be exempt from the Central SoMa Controls and instead be subject to those controls in place immediately prior to the effective date o[the Central SoMa Controls, i[at least one Development Application for such project was filed before February 15, 2018 and the project receives its first Project Approval by December 31, 2019. SEC.181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION. The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction: * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page (f) Nighttime Entertainment Uses in Certain Mixed-Use Districts. A nighttime entertainment use within the RSD,-MUG, or MUR, or SLR Districts may be enlarged, intensified, extended,_ or expanded, including the expansion to an adjacent lot or lots, provided that: (1) the enlargement, intensification, extension, or expansion is approved as a conditional use pursuant to Sections 303 and 316 of this Code; (2) the use as a whole meets the parking and signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code whiehthat would apply if the use were a permitted one; and (3) the provisions of Section 803.5(b) of this Code are satisfied. * * * * SEC. 182. NONCONFORMING USES: CHANGES OF USE. The following provisions shall apply to nonconforming uses with respect to changes of use: (a) A nonconforming use shall not be changed or modified so as to increase the degree of nonconformity under the use limitations of this Code, with respect to the type of use or its intensity except as provided in Section 181 for Nighttime Entertainment uses within the RSD,-MUG, or MUR, or SLR Districts. The degree of nonconformity shall be deemed to be increased if the new or modified use is less widely permitted by the use districts of the City than the nonconforming use existing immediately prior thereto. For purposes of this Section, intensification of a Formula Retail use as defined in Section 178(c) is determined to be a change or modification that increases the degree of nonconformity of the use. (b) Except as limited in this S~ubsection, a nonconforming use may be reduced in size, extent or intensity, or changed to a use that is more widely permitted by the use districts of the City than the existing use, subject to the other applicable provisions of this Code. Except as otherwise provided herein, the new use shall still be classified as a nonconforming use. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 58 (3) A nonconforming ttse in any South of1\farket Afixed Use District may not be changed to an Office, Retail, Bar, Restaurant, Nighttime Entertainment, Adult Entertainment, Hotel, }dote!, inn, hostel, or 1\fovie Theater use in any district where such use is otherwise not permitted or conditional, except as provided in Subsection (f) below. * * * * (f) Once a nonconforming use has been changed to a principal or cConditional ttUse permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former nonconforming status, except that within any South oj}.farket Afixed Use District, any area occupied by a nonconforming Office use that is changed to an arts, home and/or business senice use falling within the definition of an Arts Activity in Sectim~ 102 or zoning categories 816. 42 through 816. 4 7 or a wholesale, storage, or light manufocturing use falling within zoning categories 816.64 through 816.67 shall be allowed to return to its former nonconforming Office use. Upon restoration of a previous nonconforming use as permitted above, any modification, enlargement, extension, or change of use, from circumstances that last lawfully existed prior to the change from office use, shall be subject to the provisions of this Article, and the restored nonconforming use shall be considered to have existed continuously since its original establishment, prior to the change to Office use, for purposes of this Article. * * * * SEC. 201. CLASSES OF USE DISTRICTS. In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts: * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 59 .[?&f) Residential &f'rJiee f)istf'iet (f)efined- in &e . 8!.~ &bR: &r...,ieelbight -!ntlusff'iellResidentittl: f)istf'iet (f)efined- in &e. 81 6-) Sid &Ft'ieelbight -1-ntlusff'ittl f)istf'iet (f)efinetl in &e. 8!. 7) $$f) &F'~ieel&eemittFy' ()jfiee f)isff'iet (f)eji1~etl in &e. 818} * * * * &stem Neighborhoods Afixed Use Districts ~4lso see Sec. 80J.4) CMUO Central SoMa Mixed Use- Ofljce District (Defined in Sec. 8482 SPD South Park District (Defined in Sec. 814) * * * * * * * * In addition to the classes of use districts in the above table, the following terms shall apply: "R District" shall mean any RH-1 (D), RH-1, RH-1 (S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RTO, RTO-M, RC-1, RC-2, RC-3 or RC-4 District; "M District" shall mean any M-1 or M-2 District; "PDR District" shall mean any PDR-1-B, PDR-1-D, PDR-1-G or PDR-2 District; "RH District" shall mean any RH-1 (D), RH-1, RH-1 (S), RH-2, or RH-3 District; "RM District" shall mean any RM-1, RM-2, RM-3, or RM-4 District; "RTO District" shall mean any RTO or RTO-M District; "C-3 District" shall mean any C-3-0, C-3-R, C-3-G, or C-3-S District. For the purposes of Section 128 and Article 11 of this Code, the term "C-3 District" shall also include the South of Market Extended Preservation District designated on Section Map SU03 of the Zoning Map; Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 60 "NCT District" shall mean any district listed in Section 702.1 (b), including any NCT-1, NCT-2, NCT-3, and any Neighborhood Commercial Transit District identified by street or area name; and "Mixed Use District" shall mean all Chinatown Mixed use, Soutlz of~Harket A!ixed Use, Eastern Neighborhood Mixed use, and Downtown Residential Districts. * * * * SEC. 206.4. THE 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM. (a) Purpose and Findings. This Section 206.J.:£ describes the 100 Percent Affordable Housing Bonus Program, or "1 00 Percent Affordable Housing Program". In addition to the purposes described in Section 206.1, the purpose of the 100 Percent Affordable Housing Program is to facilitate the construction and development of projects in which all of the residential units are affordable to Low and Very-Low Income Households. Projects pursuing a development bonus under this 100 Percent Affordable Program would exceed the City's shared Proposition K housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households. * * * * (b) Applicability. A 100 Percent Affordable Housing Bonus Project under this Section 206.J:t shall be a Housing Project that: * * * * (3) is not seeking and receiving a density or development bonus under the provisions of California Government Code Sections 65915 et seq., Planning Code Sections 207, 124(f), 304, 80J:-8-or any other state or local program that provides development bonuses; * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 61 SEC. 207 .5. DENSITY OF DWELLING UNITS IN MIXED USE DISTRICTS. (a) The dwelling unit density in the Chinatown Mixed Use District shall be at a density ratio not exceeding the amount set forth in the specific district tables in Article 8. (b) Except as indicated in Paragraph (c) belmF, the dwelling unit density in tlw South of },1arket :Mixed Use Districts shall be as specified in the specific district tables in Article 8. (c) There shall be no density limit for single room occupancy (SRO) units in any South o.f },{arket A1ixed Use District. ft#-There shall be no density limit for any residential use, as defined by Section 890.88 in any DTR district. (e£) There shall be no density limits for any residential use, as defined by Section 890.88, in the Eastern Neighborhoods Mixed Use Districts. * * * * SEC. 208. DENSITY LIMITATIONS FOR GROUP HOUSING OR HOMELESS SHELTERS. Except for Single Room Occupancy Units in the South ofA1arket A1ixed Use Districts, tihe density limitations for Group Housing or Homeless Shelters, as described in Sections 1 02, 790.88(b) and (c) and 890.88(b) and (c) of this Code, shall be as follows: (a) For Group Housing, the maximum number of Bedrooms on each Lot shall be as specified in the Zoning Control Table for the District in which the Lot is located, except that in RTO, RTO-M, RCD, UMU, MUG, WMUG, MUR, MUO, CMUO, WMUO, RED, RED-MX, SPD, DTR, and all NCT Districts the density of Group Housing shall not be limited by lot area, and except that for Lots in NC Districts, the group housing density shall not exceed the number of Bedrooms permitted in the nearest R District provided that the maximum density not be less than the amount permitted by the ratio specified for the NC District in which the lot is located. For Homeless Shelters, the maximum number of beds on each lot shall be regulated Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 62 fJffFpursuant to the requirements of the Standards of Care for City Shelters contained in Administrative Code, Chapter 20, Article XIII, in addition to the applicable requirements of the Building Code and Fire Code. * * * * SEC. 211.2. CONDITIONAL USES, P DISTRICTS. The following uses shall require Conditional Use authorization from the Planning Commission, as provided in Section 303 of this Code, unless otherwise permitted under Section 211.1 of this Code: * * * * (b) For P Districts located within the right-of-way of any State or federal highway: (1) Parking lot or garage uses when: (A) adjacent to any Eastern Neighborhoods Mixed Use Districts, or the South of}.1arket },1ixed Use District, or (B) within the Market and Octavia Plan Area. * * * * SEC. 249.36. LIFE SCIENCE AND MEDICAL SPECIAL USE DISTRICT. (a) Purpose. The Life Science and Medical Special Use District is intended to support uses that benefit from proximity to the University of California, San Francisco (UCSF) campus at Mission Bay. These uses include medical office and life science (biotechnology) uses. (b) Geography. The boundaries of the Life Science and Medical Special Use District are shown on Sectional Map No. 8SU of the Zoning Map. Generally, the area borders Mariposa St. on the north, 23rd St. on the south, 1-280 to the west, and 3rd St. to the east. Within this area, the Dogpatch Historic District is generally excluded. (c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, except as otherwise provided in this Section: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 63 (1) Medical Services. Medical services, including medical offices and clinics, as defined in Section 890.114, are a principally permitted use and are exempted from use size limitations, PDR replacement requirements (Sec. 230), and vertical (floor-by-floor) zoning controls (Sec. 803.9(hj)). For the purposes of this Section, a medical service use may be affiliated with a hospital or medical center as defined in 890.44. (2) Life Science Offices. Office uses that contain Life Science facilities, as defined in Section 890.53, are a principally permitted use and are exempted from use size limitations, PDR replacement requirements (Sec. 230), and vertical (floor-by-floor) zoning controls (Sec. 219.1 and 803.9(hj)). (3) Life Science Laboratories. Laboratories that engage in life science research and development, as defined in Section 890.52, are a principally permitted use and are exempted from use size limitation, PDR replacement requirements (Sec. 230), and vertical (floor-by-floor) zoning controls (Sec. 219.1 and 803.9(hj)). * * * * SEC. 249.40. POTRERO CENTER MIXED-USE SPECIAL USE DISTRICT. (a) Purpose. The Potrero Center Mixed-Use Special Use District is intended to facilitate the continued operation of the shopping center located at 2300 16th Street, which is characterized by large formula retail sales and services, while providing an appropriate regulatory scheme for a potential phased mixed-use redevelopment of the shopping center in the future. (b) Geography. The boundaries of the Potrero Center Mixed-Use Special Use District shall consist of Assessor's Block 3930A, Lot 002 as designated on the Zoning Map of the City and County of San Francisco and generally bound by Bryant Street to the west, 16th Street to the south, Potrero Avenue to the east, and Assessor's Blocks 3931A, 3921A and 3922A to the north. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 64 (c) Controls. All provisions of the Planning Code shall continue to apply, except for the following: (1) Floor Area Ratio. The maximum floor area ratio (FAR) set forth in Section 124 shall not apply to Retail Sales and Services uses or to Gym uses. The maximum FAR for Retail Sales and Service uses and Gym uses shall not exceed 3.0: 1. (2) Use Size Limitations for Retail Sales and Services and Gyms. The use size limitations and ratio requirements applicable to Retail Sales and Service uses and Gym uses of Sections 121.6(a), 803.9(ig), 843.45 and 843.51 shall not apply. Retail Sales and Service uses and Gym uses are principally permitted, and the replacement of one such use or tenant by another such use or tenant in an existing store or gym, regardless of its size, is permitted. Newly constructed space for Retail Sales and Service uses or Gym uses larger than 25,000 gross square feet per use or the expansion of an existing Retail Sales and Services use or Gym use by more than 25,000 new gross square feet per use shall require conditional use authorization pursuant to the provisions of Section 303. * * * * SEC. 249.45. VISITACION VALLEY/SCHLAGE LOCK SPECIAL USE DISTRICT. A Special Use District entitled the "Visitacion Valley/Schlage Lock Special Use District" is hereby established for a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map SU10 of the Zoning Maps of the City and County of San Francisco, and which includes properties generally fronting Bayshore Boulevard between Tunnel Avenue in the north and the San Francisco/San Mateo County line in the south, and properties fronting Leland Avenue between Bayshore Boulevard and Cora Street. The following provisions shall apply within the Special Use District: * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 65 (e) Controls in Zone 1. Development in Zone 1 of the Special Use District shall be regulated by the controls contained in this Section 249.45(e) and the Design for Development. Where not explicitly superseded by definitions and controls established in this Section 249.45(e) or the Design for Development, the definitions and controls in this Planning Code shall apply except where those controls conflict with the Development Agreement. The following shall apply only in Zone 1 of the Special Use District: * * * * (2) Use Requirements. * * * * (C) Prohibited Uses. The following uses shall be prohibited within this Special Use District: (i) Auto repair services; (ii) Office, except in existing buildings or as an accessory use to other permitted uses. The floor controls set forth in Section 803.9(hj) for the MUG zoning designation shall not apply to office use in the Old Office Building or to the existing building located on Assessor's Block and Lot No. 51 00-007; * * * * SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT. (a) Purpose. In order to implement the goals, objectives, and policies o(the Central SoMa Plan (Ordinance No. 2 8 0 -18 , on file with the Clerk o(the Board o(Supervisors in File No. 180185), the Central SoMa Special Use District (SUD) is hereby established. (Q) Geography. The SUD is within the South o(Market (SoMa) neighborhood, and its boundaries generally run (rom 2nd Street to the east to 6th Street to the west, and (rom Townsend Street to the south to an irregular border that generally (allows Folsom, Howard, and Stevenson Streets to the north, as more specifically shown on Sectional Maps 1 SU and 8SU o(the Zoning Map. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 66 (c) Land Use Controls. (1) Active Uses. The controls o[Section 145.1 and 145.4 shall apply, except as specified below: (A) Active uses, as defined in Section 145.1, are required along any outdoor publicly-accessible open space,· (B) An office use, as defined in Section 890. 70, is not an "active use" on the ground floor; (C) POPOS, as defined in Section 138, is an "active use" on the ground floor,· {QLHotels and Production, Distribution, and Repair uses, both as defined in Section I 02, shall be considered "Active commercial uses, "as defined in Section 145.4(c). (E) Active uses shall be required within the first 10 feet of building depth if any of the following conditions apply: (i) The use is a Micro-Retail use located on a Narrow Street as defined in Section 261.1(b)(1): or (ii) The use is along a Narrow Street provided there is a doorway provided every 25 feet along the street frontage. at minimum. foE) Notwithstanding the PDR exemption found in Section 145.l(c)(6), PDR uses shall meet the following transparency and fenestration requirements contained in that Section.: (i) Building facades greater than 50 linear feet shall be required to be fenestrated with transparent windows and doorways for no less than 30% of the street frontage at the around level and allow visibility into the building. The use of dark or mirrored glass shall not count towards the required transparent area. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 67 (2) Nighttime Entertainment. Nighttime Entertainment uses are principally permitted, regardless o[the underlying zoning district, in the area bounded by 4th Street, 6th Street, Bryant Street, and Townsend Street. (3) Hotels. Hotels in the CMUO DistrictCentral SoMa SUD shall not beare not subject to the land use ratio requirements o[Section 803. 9(g). (4) Retail. (A) Formula Retail. Formula Retail Uses, as defined in Section 303.1, that are also Bar, Restaurant or Limited Restaurant Uses, as defined in Section 1 02, shall not be permitted. ~Micro-Retail. "Micro-Retail" shall mean a Retail Use, other than a Formula Retail Use, measuring no less than 100 gross square feet and no greater than I, 000 gross square feet. (Ai) Applicability. Micro-Retail controls shall apply to new non- residential development projects on lots o[20, 000 square feet or more. _(Bii) Controls. fija. Amount. Applicable development projects are required to have at least one Micro-Retail unit for every 20,000 square feet o[lot area, rounded to the nearest unit. ftifb. Location and Design. All Micro-Retail units shall be on the ground floor, independently and directly accessed from a public right-ofway or publicly-accessible open space, and designed to be accessed and operated independently from other spaces or uses on the subject property. fhltc. Type. Formula Retail uses, as defined in Section 303.1, are not permitted as Micro-Retail. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 68 (5) PDR and Community Building Space Requirements. (A) For purposes of this subsection. "Community Building Space" shall mean space provided for a Social Service, Institutional Community, Grocery Store, Community Facility, or Public Facility Use or for a Legacy Business. (§Lin addition to the requirements ofSection 202.8, the follm.ving shall apply te-any newly constructed project that contains at least 50,000 gross square feet of office shall provide one of the following: (/\) The project shall provide a(!Lfln amount of-P-Q.R space for PDR Uses or Community Building Space, or a combination thereof, that is the greater o[the fOllowing: (tta. the square fOotage ofPDR space required by the controls of Section 202.8, or (Htb. on-site dedication ofspace fOr PDR Uses or Community Building Space, or a combination thereof, that is equivalent to 40 percent o[the lot area, in which case (or purposes ofthis S-section 249.78(b)(5), the following areas are exempted from the calculation of the lot area: land dedicated to a building whose housing units consist entirely of Affordable Housing Units as defined in Section 401 ~publicly accessible open space and mid-block alleys that are fully open to the sky except (or obstructions permitted pursuant to Section 136 or under a cantilevered portion of the building for up to 10% of space pursuant to Section 138(d)(2): any portion of the lot or lots containing a building dedicated primarily to residential use: and ground floor space dedicated to a Cehild Ceare Facility are exempted from calculation of the lot area. For purposes of this subsection, "on-site" means anywhere on the subject project lot or lots. {Bj-fill In the alternative, the project sponsor may provide either of the follmuing: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 69 · Establishment off-site, through new construction, addition, or change o(use, o(a minimum o(150 percent o(gross square feet ofthe on-site PDR requirement for PDR Uses or for Community Building Space. Such off-site PGRspace shall be located within the area bounded by Market Street. the EmbarcaderoSecond Street. King Street, Division Street, and South Van Ness Avenue; or .CiiV Preservation of existing P DR uses off-site, at a minimum o(200 percent o(the on-site requirement, for the life o[the project that is subject to the requirements o[this subsection (6) or for 55 years, •.vhichever is less. This off-site PDR shall be located on one or more lots in the area bounded by Market Street, the EmbarcaderoSecond Street. King Street, Division Street, and South Van Ness Avenue. The P DR space preserved off-site shall not include any space already required to be preserved pursuant to this Section or Section 202. 8. (C) The PDR and Community Building Space requirements o{this subsection may be reduced by 25 percent [or any project subject to any contract or agreement meeting the requirements o(Cali[ornia Civil Code Section 1954.28(d), including but not limited to a development agreement approved by the City under California Government Code Section 65864 et seq. if: pursuant to the terms o(such agreement, the required replacement space is rented, leased, or sold at 50 percent below market rate [or P DR space {or a period of not less than 55 years or the li[e o(the project, whichever is less. Such restrictions on the rent, lease, or sale price shall be recorded on the subject property as a Notice o(Special Restrictions. (D) Any project that meets the requirements o[this Section 249.78subsection 249.78(c)(5) and the PDR replacement requirements o(Section 202.8 shall not be subject to the Conditional Use Authorization required by Section 202.8. (E) Any development application submitted to the Planning Department for a project that is subject to the PDR and Community Building Space requirements of this Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 70 Section 249.78 or the PDR replacement requirements of Section 202.8 shall include the following materials: (i) Documentation demonstrating that the applicant has provided written notification to all existing PDR tenants that the applicant intends to develop the property pursuant to this Section 249.78. (ii) Documentation demonstrating that the applicant has provided all existing PDR tenants with information regarding the Central SoMa PDR Relocation Fund described in the Central SoMa Implementation Program Document. and PDR Sector Assistance for Displaced Businesses available from the Office of Economic and Workforce Development (OEWD) or its successor agency. (6) Use on Large Development Sites. (A) Applicability. South o[Harrison Street on sites larger than 40,000 square feet that entail new construction or an addition of] 00, 000 square (eet or more. (B) Requirement. At least two-thirds o[the Gross Floor Area o[all building area below 160 (eet in height shall be non-residential. (7) Single Room Occupancy. Single Room Occupancy units that are Dwelling Units are Not Permitted in the Central SoMa SUD except in buildings that consist of 100% affordable units. For the purposes of this subsection (7). "affordable units" shall mean units rented. leased or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco ("Lower Income Households"). as determined by Title 25 of the California Code of Regulations Sections 6928 and 6932 and implemented by the Mayor's Office of Housing and Community Development. (8) Group Housing. Group Housing uses are Not Permitted in the Central SoMa SUD except Group Housing uses that are also defined as Student Housing. Senior Housing. or Residential Care Facility, are designated for persons with disabilities. are Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 71 designated for Transition Age Youth as defined by the Mayor's Office of Housing & Community Development, or are contained in buildings that consist of 100% affordable units. For the purooses of this subsection (8). "affordable units" shall mean units rented, leased or sold at rates or prices affordable to a household whose income is no greater than 80% of the median income for households in San Francisco ("Lower Income Households"), as determined by Title 25 of the California Code of Regulations Sections 6928 and 6932 and implemented by the Mayor's Office of Housing and Community Development. (d) Urban Design and Density Controls. (1) Prevailing Building Height and Density. In order to ensure adequate provision of infrastructure and services in an area transitioning from industrial uses to more intensive residential and commercial uses through adoption of the Central SoMa Plan, Prevailing Building Height and Density Limits are herein established. (A) Applicability. The controls of this subsection (d)(1) shall apply to any project that is subject to Section 434(b). (B) Controls. Notwithstanding the height limit indicated on the Zoning Map and the Floor Area Ratio controls of subsection (3) below, the following height and Floor Area Ratio controls shall apply: (i) For all projects on lots where the Zoning Map indicates a height limit of 85 feet or greater, the height of the project shall be limited to 85 feet in height and the project lot or lots shall be limited to a maximum Floor Area Ratio of 4.0:1. (ii) For projects on lots where the Zoning Map indicates a height limit of less than 85 feet the project lot or lots shall be limited a maximum Floor Area Ratio of 3.0:1. (C) Height and Density Bonus for Participation in CFD. A project may exceed the Prevailing Building Height and Density Limits of subsection (B) up to the Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 72 maximum height and density otherwise permitted in this Code and the Zoning Map in cases where the project sponsor elects to develop a project subject to Section 434. {-1-~) Design o(Buildings. New construction shall comply with the "Central SoMa Guide to Urban Design" as adopted and periodically amended by the Planning Commission. (2~) Floor Area Ratio. There shall be no maximum Floor Area Ratio limit for lots within the CMUO, MUR, MUG, and WMUO Districts in this SUD. @4) Living and Solar Roofs and Living Wallsand Rene'.vable Energy:. (A) Definitions. For the purpose ofthis subsection, all terms shall be as defined in Sections 102 and 149. (B) Applicability. Any development that meets all ofthe following criteria: (i) The development lot is 5, 000 square feet or larger; and (ii) The building constitutes a Large Development Project or Small Development Project under the Stormwater Management Ordinance (Public Works Code Sees. 147- 147.6); and (iii) The building height is 160 feet or less. (C) Requirements. (i) Notwithstanding the requirements o[Section 149, at least fifty percent o[the roo[ area shall be covered by one or more Living Roofs. (ii) Residential projects subject to this subsection (d)~ shall comply with Green Building Code Section 4.201.2, which sets forth requirements for solar photovoltaic systems and/or solar thermal systems. (iii) Non-residential projects shall comply with Green Building Code Section 5.201.1.2, which sets forth requirements for solar photovoltaic systems and/or solar thermal systems. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 73 (iv) /\11 projects shall commit, as a condition of approval, to sourcing electricity from 100% greenhouse gas free sources. {jv) The Living Roof shall be considered in determining compliance with the Stormwater Management Ordinance. (v) The P fanning Department, after consulting with the Public Utilities Commission and the Department ofthe Environment, shall adopt rules and regulations to implement this subsection 249.78@li~~) and shall coordinate with those departments to ensure compliance with the Stormwater Management Ordinance. (vi) /\11 projects shall commit, as a condition of approval, to sourcing electricity from 100% greenhouse gas free sources. D£jtl Proiects that consist of multiple buildings may choose to locate the required elements in this subsection 249.78(gl(~)(i)-(v) on any rooftops within the subject project including on buildings that are not subject to these requirements, provided the equivalent amount of square footage is provided elsewhere on the project site!. (vii) In addition, P.project sponsors are encouraged to incorporate vertical living walls on building facades, composed of climate-appropriate. native/non-invasive plantings on vertical surfaces into projects. Such plantings may include green and/or living walls, stormwater gardens, and drought tolerant landscaping.:. (D) Waiver. ![the project sponsor demonstrates to the ZoningAdministrator's satisfaction that it is physically infeasible to meet the Living Roo[requirements as written [or the project in question, the Zoning Administrator may, in his or her sole discretion and pursuant to the procedures set [orth in Planning Code Section 307{b), reduce the requirements stated in subsection (C) fi'om fifty percent to thirty-three percent. {45) Renewable Electricity. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 74 (A) Definitions. For the purpose of this subsection, "greenhouse-gas free" shall mean energy resources qualifying as renewable pursuant to California Public Resources Code Chapter 8.6, Section 257 41 (a) and from hydroelectric facilities of 30 megawatts or greater. (B) Applicability. This subsection shall apply to any newly constructed commercial or residential building or major renovation to an existing building, as defined by San Francisco Green Building Code Section 202. (C) Requirements. (i) All projects shall commit, as a condition of approval, to fulfilling all on-site electricity demands through any combination of on-site generation of 100% greenhouse gas-free electricity and purchase of electricity from 100% greenhouse gas-free sources for a period of not less than 25 years from issuance of entitlement. (ii) The Planning Department, after consulting with the Public Utilities Commission, Department of Building Inspection, and the Department of the Environment, shall adopt rules and regulations to implement this subsection. f5§1J,ot Coverage. For residential uses, the rear vard requirements ofSection 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all residential levels, except that on levels in which all residential units face onto a public right-of way, 100 percent lot coverage may occur. The unbuilt portion ofthe lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c) ofthis Code. Where there is a pattern ofmid-block open space for adjacent buildings, the unbuilt area ofthe new project shall be designed to adjoin that mid-block open space. {!a67) Lot Merger Restrictions. (A) Applicability. Lots that meet both ofthe [allowing criteria shall be subject to the lot merger restrictions o[this Section: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 75 (i) Lots containing one or more buildings with CalifOrnia Historic Resources Status Code 1, 2, 3, 4, 5, or 6L, as identified in a survey adopted by the Historic Preservation Commission; and (ii) Lots with any single street frontage under 200 feet in length. (B) Control. Any lot to which this subsection is applicable shall not merge with an adjacent lot in such a way that any existing street frontage of under 200 [eet is increased to 200 [eet in length or longer. (C) Exemptions. (i) The street frontages oflots abutting the north side of Perry Street and the street frontages along Harrison Street on Block 3763 in lots 099 and 1 00 are exempt from this control. (ii) On blocks ofless than 200 [eet in length between streets or alleys, an applicable lot may merge with an adjacent non-applicable lot ifthe non-applicable lot is a corner lot. .(@+§) Open Space. A project whose housing units consist entirely of Affordable Housing Units, as defined in Section 401, shall provide at least 36 square feet o[usable Open Space, as set fOrth in Section 135, per unit unless the project is located directly adjacent to a publicly-owned park in which case such project shall not be required to provide usable Open Space. __c+g9) Wind. (A) Applicability. This subsection shall apply to new buildings above 85 [eet in Height and additions to existing buildings that result in a building above 85 [eet in Height. (B) Definitions. "ComfOrt Level" means ground-level equivalent wind speeds o[l1 miles per hour in areas o[substantial pedestrian use and seven miles per hour in public seating areas between 7:00a.m. and 6:00p.m. when occurring (Or more than 15 percent ofthe time year round. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 76 "Equivalent Wind Speed" means an hourly mean wind speed adjusted to incorporate the effects ofgustiness or turbulence on pedestrians. "Nine-Hour Hazard Criterion" means a ground-level equivalent wind speed of26 miles per hour for more than nine hours per year per test location. "One-Hour Hazard Criterion" means a ground-level equivalent wind speed of26 miles per hour for more than one hour per year per test location. "Substantial Increase" means an increase in wind speeds ofmore than six miles per hour for more than 15 percent o[the time year round. (C) Controls (or Wind Comfort. 1 0 (i) Projects may not result in wind speeds that exceed the Comfort Level at any location. (ii) Projects may not cause a Substantial Increase in wind speed at any location where the existing or resulting wind speed exceeds the Comfort Level. (iii) Pursuant to Section 329, the Planning Commission may grant an exception to the standards ofsubsections (i) and (ii) above as applied to a project i[it finds that the project meets the (allowing criteria: (aa) It has undertaken all feasible measures to reduce wind speeds through such means as building sculpting and appurtenances, permanent wind baffling measures, and landscaping,· and (bb) Reducing wind speeds further would substantially detract from the building design or unduly restrict the square footage o[the project. (D) Controls for Hazardous Winds. 0) Projects shall not result in net new locations with an exceedance of the One-Hour Hazard Criterion, except as allowed by the Planning Commission based on criteria described in subsection (ii) below. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 77 (ii) Pursuant to Section 329, the Planning Commission may grant an exception to the standard o[subsection (i) above as applied to a proposed project i[it finds that the proposed project meets all of the fOllowing criteria: (aa) The project with mitigationswind reduction measures does not result in net new locations with an exceedance o[the Nine-Hour Hazard Criterion,· (bb) The project has undertaken all feasible measures to reduce hazardous wind speeds, such as building sculpting and appurtenances, permanent wind bafjling measures, and landscaping; and (cc) Meeting the requirements o[subsection (i) would detract 1 0 :from the building design or unduly restrict the square fOotage o[the project. (iii) No exception shall be granted and no building or addition shall be permitted [or any project that causes net new locations with an exceedance in the Nine-Hour Hazard Criterion. (E) Guidelines. Procedures and methodologies [or implementing this subsection shall be issued by the Department. .@91QLGrounde.DR Floor Heights. PDR space provided at the ground floor that is subject to the requirements o[Section 202.8 or 249. 78(c)(5) shall have a minimum floor-to-floor height o[l7 feet, as measured from grade. !94911) Dwelling Unit Exposure. The requirements of Section 140 shall apply. except that 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 on an open area as follows: (A) For units constructed above 85 feet in height, the required windows shall face directly on an open area that is no less than 15 feet by 15 feet: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 78 (B) 10% of units constructed at or below 85 feet may face directly onto an open area that is no less than 15 feet by 15 feet: and (C) Where required windows are built on an open area. pursuant to 140(a)(2). the requirements to increase the horizontal dimension at each subsequent floor do not apply. (e) Community Development Controls. (1) Affordable Housing Funds. Affordable Housing Fees (or projects within the Central SoMa Special Use District shall be deposited in the Central SoMa Affordable Housing Fund and shall be expended within a limited geographic area, as specified in Administrative Code Section 10.100-46. (2) Land Dedication. (A) Residential projects in this SUD may opt to fulfill the Inclusionary Housing requirement ofSection 415 through the Land Dedication alternative contained in Section 419. 6. (B) Non-Residential projects in this Special Use District may opt to fulfill their Jobs-Housing Linkage Fee requirement ofSection 413 through the Land Dedication alternative contained in Section 413. 7. (3) TDR Requirements (or Large Development Sites. (A) Applicability. This control applies to projects that: (i) Are located in Central SoMa DevelopmentFee Tier C, as defined in Section 423.2: (ii) Contain new construction, or addition, of50,000 non-residential gross square teet or greater; and (iii) Have a Floor Area Ratio of3: 1 or greater. (B) Requirement. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 79 (i) A project subject to this subsection (4~) will be considered a "Development Lot, " pursuant to Section 128.1; (ii) To exceed a Floor Area Ratio o[3:1, a Development Lot shall acquire one Unit o[TDR tram a Transfer Lot, as defined in Sections 128 and 128.1, per square foot of development up to a Floor Area Ratio of 4.25:1. Above 4.25:1, the acquisition o[additional TDR is not required. (4) Onsite Childcare Facilities. Prior to issuance of a building or site permit for a development project subject to the requirements of Section 414.4. the sponsor of an Office or Hotel project on a Key Site. as defined in Section 329(e). shall elect its choice of the options described in subsection (A). (B) and (E) of Section 414.4(c)(1) to fulfill any requirements imposed .Qursuant to Section 414.4 as a condition of approval. The Planning Commission shall review the project for compliance with Section 414.4. In addition. the following process shall apply:, and shall notify the Department of its choice, except that (A) The Commission may grant an exception to the provisions of Section 414.5(A), 414.6(A), or414.9(A) if it finds that one or all of the following apply: (i) The space is being provided to the proposed child-care provider at a below-market rate rent and/or at a significantly reduced cost. (ii) The proposed child-care provider provides services consistent with the goals and expenditures of the Child Care Capital Fund in Section 414.14. which may include activities including, but not limited to, providing care affordable to households of low and moderate income, or providing care that fulfills unmet needs for child care by age group and/or neighborhood, as determined through a needs assessment conducted by the Director of the Office of Early Care & Education, or its successor. (8) hf the Commission determines that none of theese options described in subsection (A), (8), and (E) of Section 414.4(c)(1) is feasible, the sponsor may elect any of Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 80 the other options in subsection 414.4(c)(1). Feasibility may be determined by, among other things, the sufficiency of the existing supply of child care facilities in the Central SoMa SUD, the inability to provide suitable space that would meet childcare licensing requirements, a determination by the Commission that the site is not a suitable location for child care provision, and financial feasibility. (f) Effect of litigation. In the event that any person or entity files a lawsuit in any court challenging any new development requirement imposed as part of the Central SoMa Plan that generates revenue to fund the Central SoMa Public Benefits Program, then upon the service of such lawsuit upon the City and County of San Francisco, the City will not approve any application or grant any entitlement for development of any non-residential use in the Central SoMa SUD that could not be approved but for the adoption of this ordinance and that has not yet received a first construction document unless and until 12 months have passed or legislation is enacted to address the challenged development requirement whichever is sooner. Unless and until12 months have passed or legislation is enacted to address the challenged development requirement whichever is sooner, the City shall deny any complete permit application on or before the date the Permit Streamlining Act requires approval or disapproval of the project, based on the uncertainty of the validity of the challenged development requirement. (g) Non~Severabilitv. If any new development requirement imposed as part of the Central SoMa Plan that generates revenue to fund the Public Benefits Program contained in the Central SoMa Implementation Program; or any subsection, sentence, clause, phrase, or word thereof; becomes unenforceable as a result of a final decision of a court of competent jurisdiction, the City will not approve any application or grant any entitlement for any non- residential development in the Central SoMa SUD that has not yet received a first construction document. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 81 SEC. 260. HEIGHT LIMITS: MEASUREMENT. * * * * (b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this subsection (b) shall be exempt from the height limits established by this Code, in an amount up to but not exceeding that which is specified. (1) The following features shall be exempt; provided the limitations indicated for each are observed; provided further that the sum of the horizontal areas of all features listed in this subsection (b)( 1) shall not exceed 20 percent of the horizontal area of the roof above which they are situated, or, in C-3 Districts, and in the Rincon Hill Downtown Residential District, where the top of the building has been separated into a number of stepped elements to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and provided further that in any R, RC-3, or RC-4 District the sum of the horizontal areas of all such features located within the first 10 feet of depth of the building, as measured from the front wall of the building, shall not exceed 20 percent of the horizontal area of the roof in such first 10 feet of depth. As an alternative, the sum of the horizontal areas of all features listed in this subsection (b)(1) may be equal to but not exceed 20 percent of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property. Any such sum of 20 percent heretofore described may be increased to 30 percent by unroofed screening designed either to obscure the features listed under (A) and (B) below or to provide a more balanced and graceful silhouette for the top of the building or structure. * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 82 (E) In any C-3 District_a-00 the CMUO District, and any MUR or MUG District within the Central SoMa Special Use District. enclosed space related to the recreational use of the roof, not to exceed 16 feet in height. (F) Rooftop enclosures and screening for features listed in subsections (b)(1 )(A) and (B) above that add additional building volume in any C-3 District except as otherwise allowed in the S-2 Bulk district according to subsection (M) below, or the Eastern Neighborhoods Mixed Use Districts, or South (}j}..larket Alixed Use District. The rooftop enclosure or screen creating the added volume: (i) shall not be subject to the percentage coverage limitations otherwise applicable to this Section 260(b) but shall meet the requirements of Section 141; (ii) shall not exceed 20 feet in height, measured as provided in subsection (a) above; (iii) may have a volume, measured in cubic feet, not to exceed three-fourths of the horizontal area of all upper tower roof areas multiplied by the maximum permitted height of the enclosure or screen; (iv) shall not be permitted within the setbacks required by Sections 132.1, 132.2, and 132.3; (v) shall not be permitted within any setback required to meet the sun access plane requirements of Section 146; and (vi) shall not be permitted within any setback required by Section 261.1. * * * * (L) {Reserved.} In the Central SoMa Special Use District, additional building volume used to enclose or screen from view the features listed in subsections (b) (I ){A) and (b) (I ){B) above. The roo[top form created by the added volume shall not be subject to the percentage coverage Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 83 limitations otherwise applicable to the building, but shall meet the requirements o[Section 141 .· shall not exceed 10 percent o[the total height o[anv building taller than 200 feet,· shall have a horizontal area not more than 100 percent o[the total area oft he highest occupied floor,· and shall contain no space for human occupancy. The features described in subsection (b) (I )(B) shall not be limited to 16 .feet for buildings taller than 200 feet, but shall be limited by the permissible height o[any additional rooftop volume allowed by this subsection (L). * * * * (2) The following features shall be exempt, without regard to their horizontal area, provided the limitations indicated for each are observed: * * * * (0) Additional building height, up to a height o.ffive J!f!et above tlw otherr~·ise applicable height limit, where the btppermostjloor ofthe building is to be occupied solei)' by live/;Fork units located vr~ithin a South ofA!arket District. (:Pf-Enclosed recreational facilities up to a height of 10 feet above the otherwise applicable height limit when located within a 65-U Height and Bulk District and either an MUO or SSG District, and only then when authorized by the Planning Commission as a Conditional Use pursuant to Section 303 of this Code, provided that the project is designed in such a way as to reduce the apparent mass of the structure above a base 50::foot building height. (f!ID Historic Signs and Vintage Signs permitted pursuant to Article 6 of this Code. (:R:Q) In the Eastern Neighborhoods Mixed Use Districts, enclosed utility sheds of not more than 100 square feet, exclusively for the storage of landscaping and gardening equipment for adjacent rooftop landscaping, with a maximum height of 8 feet above the otherwise applicable height limit. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 84 (SB.) Hospitals, as defined in this Code, that are legal non-complying structures with regard to height, may add additional mechanical equipment so long as the new mechanical equipment 1) is not higher than the highest point of the existing rooftop enclosure, excluding antennas; 2) has minimal visual impact and maximum architectural integration; 3) is necessary for the function of the building; and 4) no other feasible alternatives exist. Any existing rooftop equipment that is out of service or otherwise abandoned fi'H;{;Sfshall be removed prior to installation of new rooftop equipment. * * * * SEC. 261.1. ADDITIONAL HEIGHT LIMITS FOR NARROW STREETS AND ALLEYS IN, RTO, NC, NCT, AND EASTERN NEIGHBORHOODS MIXED USE, Al·ID SOUTH OF ltlARKETAIIXED USE DISTRICTS. (a) Purpose. The intimate character of narrow streets (rights-of-way 40 feet in width or narrower) and alleys is an important and unique component of the City and certain neighborhoods in particular. The scale of these streets should be preserved to ensure they do not become overshadowed or overcrowded. Heights along alleys and narrow streets are hereby limited to provide ample sunlight and air, as follows: (b) Definitions. (1) "Narrow Street" shall be defined as a public right of way less than or equal to 40 feet in width, or any mid-block passage or alley that is less than 40 feet in width created under the requirements of Section 270.2. (2) "Subject Frontage" shall mean any building frontage in an RTO, NC, NCT or Eastern Neighborhood Mixed Use District that abuts a Narrow Street and that is more than 60 feet from an intersection with a street wider than 40 feet. (3) "East-West Narrow Streets" shall mean all Narrow Streets, except those created pursuant to Section 270.2, that are oriented at 45 degrees or less from a true east- Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 85 west orientation or are otherwise named herein: Elm, Redwood, Ash, Birch, Ivy, Linden, Hickory, Lily, Rose, Laussat, Germania, Clinton Park, Brosnan, Hidalgo, and Alert Streets. (4) "North-South Narrow Streets" shall mean all Narrow Streets, except those created pursuant to Section 270.2, that are oriented at 45 degrees or less from a true north-south orientation. (c) Applicability. The controls in this Section shall apply in all RTO, NC, NCT, and Eastern Neighborhoods Mixed Use, and Soutlz ofAlarket ~\fixed Use Districts. Notwithstanding the foregoing, in the CS Bulk District these controls shall only apply on certain frontages as described in Section 270(h). (d) Controls. (1) General Requirement. Except as described below, all&~ubject.fErontages shall have upper stories set back at least 10 feet at the property line above a height equivalent to 1.25 times the width of the abutting nNarrow &~reet. (2) Southern Side of East-West Narrow Streets and, within the Central SoMa Special Use District, all North-South Narrow Streets. All&~ubject.fErontages on the southerly side of an East-West Narrow Street and, within the Central SoMa Special Use District, all Subject Frontages on a North-South Narrow Street shall have upper stories which are set back at the property line such that they avoid penetration of a sun access plane defined by an angle of 45 degrees extending from the most directly opposite northerly property line (as illustrated in Figure 261.1A.) No part or feature of a building, including but not limited to any feature listed in Sections 260(b), may penetrate the required setback plane. (3) Northern Side o(all Narrow Streets with the Central SoMa Special Use District. Subject Frontages in a 65- or 85- foot Height district are required to meet Apparent Mass Reduction requirements, as defined in Section 270(h), as follows: (A) All Subject Frontages in a 65-foot Height district are required to have an Apparent Mass Reduction offiftypercent, as measured utilizing a Base Height o[35 feet. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 86 (B) All Subject Frontages in a 85-[oot Height district are required to have an Apparent Mass Reduction o[seventy percent, as measured utilizing a Base Height o[35 feet. (J1) Mid-block Passages. Subject.fErontages abutting a mid-block passage provided pe-Fpursuant to the requirements of Section 270.2 shall have upper story setbacks as follows: * * * * SEC. 263. HEIGHT LIMITS: SPECIAL EXCEPTIONS. In the height and bulk districts indicated in the following Sections, buildings and structures exceeding the prescribed height limits may be approved by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code unless otherwise specified herein; provided, hovvever, that such~ exceptions granted_may be permitted only in the areas specified and only to the extent stated in each Section. SEC. 263.11. SPECL4L HEI~HTEXCEPTHJNS: SOUTH OFAIARKETRSD 40 X 185 B HEI~HTDISTRICT. (a) General. In the 40 X/85 B Height and Bulk District, as designated on Sectional Afap No. Ff+()-J c z z · ~ 1. d · z • z h d, · c z & z c ~ 1. r?.&D D · · z • z ... OJ ftleonmg 11> ap,ocate vr'zftlzn tltcoun arzes OJ ft1:e 4'mftl OJ lY ar,wt ...zstrzct, 11ezgt1:t exceptions above the 40 ·foot ease height to a maximum of85 feet may he approved in accordance with the Conditional Use procedures and criteria provided in Sections 303 OJ~' this Code, and the criteria and conditions set forth helmv. (b) Reductien ~JShadews en Certain Public, Publicly Accessible, er Publicly Financed er Subsidized Private Open Space. (1) Ner~· buildings or additions subject to this Section shall he shaped to reduce substantial shado-w impacts onpuhlicplazas, parks or other nearhypuhlicly accessihle or publicly Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 87 financedprivate open spaces. The criteria set forth in Section 14 7 of this Code shall be used to assess the shado-w impacts ofnev,· building developme11t over 40 foet in height. (2) To the extent that height above 40 feet on lots 14, 16, 18, 19, 20, 20A, 21, 22, 24, 25, 26, 28, 29, 30, 31, 3 4, 91 and 92 ofAssessor's Block 3733 and on lots 14, 15, 17, 18, 19, 23, 24, 26, 27, 28, 32, 33, 36 and 95 ofAssessor's Block 3752 would create adverse impact on light and air to adjacent residential uses and/or sunlight access to residential open spaces, such additional height shall not be permitted. (c) Reduction af Ground Level Wind Currents. 1'/e'i>v buildings or additions subject to this Section shall be shaped, or other 1vind bcifjling measures shall be adopted, so that the development will not cause ground level wind currents to exceed, more than 1 Opercent o.fthe time year round, betH·een 7:00a.m. a11d 6:00p.m., the cornfort level afll m.p.h. equivalent v,·indspeed in areas o.fsubstantial pedestrian use and seven m.p.h. equivalent vdnd speed in public seating areas. Wllen pre existing ambient v,;ind speeds exceed tlw cornfort level, the building or addition shall be designed to reduce the ambient rvind speeds to meet the requirements. !fit is shown tlzat a building or addition cannot be shaped or wind bajjling measures cannot be adopted to meet the foregoing requirements 'I>Vithout creating an unattractive a11d ungainly building form and v.·ithout unduly restricting the development potential afthe building site in questi011, a11dlor it is concluded that, because afthe limited amount by ~~·hich the comfort level is exceeded, the limited location in which the cmnfort level is exceeded, the lirnited time during vvhich the conifOrt level is exceeded, or the addition is insubstantial, a11 exception may be granted as part ofthe conditional use process, allowing the building or addition to add to the amount oftime that the comfort level is exceeded by the least practical amount. l"lo exception shall be allowed and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level o.f26 miles per hour for a single hour oftlw year. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 88 For the purposes of this Section, the term "equivalent 'rl'ind speed" shall mean an hourly mean wind speed adjusted to incorporate the cfficts o_fgustiness or turbulence on pedestrians. (d) Construction ofLivelWork Units Above the 40 Foot Base Height Limit. Lrve/work units may be relied upon to qualifY for a height exception under this Section only if: (1) Each non residential use H'ithin each individual live/work unit is limited to an actfvity'permitted lFitltin the district or conditional-within the district and specifically approved as a conditional use; (2) Each live/work unit is sufficiently insulated for noise attenuati011 betH'een units to insure that noise shall not exceed the acceptable decibel levels established for residential use as specified in the San Francisco }loise Control Ordinance; and (3) The project satisfies the open space, parldng andfreight loading pro-visions o.fthis Code ·without administrative exceptions. (e) Affordability. In determining whether to allow a heigltt exception under this Section the Planning Commission shall, in addition to the criteria set forth in Section 303(c) afthis Code, consider the extent to which tlw praject seeking the exception will include residential and live/rFork units affordable to low income and moderate income households. The City' Pla1mi11g Commission may impose conditions on the apprmal ofadditional heightpur~Hant to this Subsection to assure housing affordability' and the enforceability' and enforcement o.fhousing affordability and Hse provisions, which may include, bHt need not be limited to, a reqHireme11t that a minimHm statedpercentage o.ftlw total number o.fHnits apprmedpursHant to this Section remain affordable to households whose incomes are not greater than a statedpercentage afa defined median income for a period afnot less tltan a stated nHmber ofyears. (1) The property' mmer shall sHbmit an annual report to the City', along with a fee whose amoHnt shall be determinedperiodically by the City' Planning Commission, to cover costs o __ f'the enforcement of#tc affordability' ofdesignated Hnits. The fee shall not exceed tlw amoHnt o.fthose costs. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 89 The report shall state rents, annual household income, number o.fadults and children living in each desig~wted unit, and such other information as the City· may require. * * * * SEC. 263.32. SPECIAL HEIGHT EXCEPTIONS: PERMITTED BUILDING HEIGHTS IN THE CENTRAL SOMA SPECIAL USE DISTRICT. (a) Purpose. The provision of affordable housing, public open space, and recreational amenities are encouraged in the Central SoMa Special Use District to achieve the policy objectives of the Central SoMa Plan. To facilitate the creation o[these amenities, additional height may be allowed, as long as it does not result in a net increase in development potential for the primary project as set fOrth in subsection (c), below. (b) Applicability. This Section shall apply to any project that: (I) Provides housing units consisting entirely of on-site or off-site Affordable Housing Units as defined in Section 401; (2) Dedicates land pursuant to Sec. 249.78(e) for housing consisting entirely of Affordable Housing Units as defined in Section 401, which land the CityMOHCD deems suitable for such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria: or .Q) Provides land [or publicly-owned parks or publicly-owned recreational amenities, which land the GftyDirector of Planning or their designee deems suitable [or such use, taking into consideration size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria. (c) Controls. An additional 25 [eet ofheight above the otherwise applicable height limit is permitted [or applicablea development projects subject to this Section 263.32 without requiring Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 90 conditional use authorization by the Planning Commission subject_ only if it meets the following conditions: (1) The project provides housing units consisting entirely of on-site or off-site Affordable Housing Units pursuant to subsection 263.32(b)(1): or (2) The project provides land for housing. publicly-owned parks. or publicly- owned recreational amenities pursuant to subsections 263.32(b)(2) or (3). The development capacity oft he primary project receiving a special height exception pursuant to this subsection 263.32(c)(2) shall not be increased due to the provision of the additional height as compared to greater than the development capacity achievable without the special height exception. (2) For purposes of this section, the development capacity of the primary project shall be calculated as the Gross Floor /\rea of development proposed on the site, less: (/\) /\ny Gross Floor /\rea constructed in the project providing housing units consisting entirely of Affordable Housing Units, as defined in Section 401; (B) /\ny Gross Floor /\rea of potential development of land dedicated to the City for affordable housing pursuant to Section 249.78(e)(2), as determined by the Planning Department; (C) /\ny Gross Floor /\rea of potential development of land dedicated to the City for publicly ovmed parks or publicly owned recreation centers, as determined by the Planning Department; and (D) /\ny Gross Floor /\rea constructed as a publicly ovvned recreation center. (2) The additional height shall not cause any new or substantially increased significant impacts that cannot be mitigated to less than significant levels related to wind and shadow that would not have occurred without the additional height, as determined by the Environmental Review Officer. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 91 (3) A project using a special height exception pursuant to this Section 263.32 shall be subject to Sections 132.4 and 270(h). based on the otherwise applicable Height limit for the lot. (~) A project utilizing using a special height exemption exception pursuant to this Section 263.32 may add 25 [eet above the otherwise applicable Height limit for purposes ofcalculating its Apparent Mass Reduction pursuant to Section 270(h). SEC. 263.33. SPECIAL HEIGHT EXCEPTIONS: VASSAR AND HARRISON STREETS. (a) Purpose. To facilitate the provision o(increased affordable housing and a large hotel proximate to the Moscone Convention Center. {Q) Applicability. Assessor's Block No. 3763, Lots 078, 079, 080, 080A, 081, 099, 100, 101, and 105. (c) Controls. (1) The applicable lots shall have a base HReight limit of130 [eet, except as specified below. (2) For development on Assessor's Block No. 3763, Lot 105, if a project sponsor elects one of the following options, the Height limit shall be 200 feet: (A) development of the site for a hotel use, or (8) development of the site for a residential or combined residential and hotel use, with election of the On-Site Affordable Housing Alternative, or with the voluntary provision of 110% or more of the requirement set forth in Section 415.5 for the subject lottRe Height limit shall be 200 feet for a project that includes a hotel and/or residential uses, provided that a residential projectQ{not less tlwn 400 guest rooms. {3) For development on Assessor's Block No. 3763, Lots 078, 079, 080, 080A, 081, 099, 100, and 1 OJ, if the project sponsor elects to provide 110% or more of the requirement set forth Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 92 in Section 415. the Height limit shall be 350 feet for a project that includes affordable housing in an amount that is equal to or greater than 110% of the requirement set forth in Section 415,_ (4) Conditional use authorization by the Planning Commission shall not be required for use of this special height exception. SEC. 263.34. SPECIAL HEIGHT AND SETBACK EXCEPTIONS: FOURTH AND HARRISON STREETS (a) Purpose. To facilitate the provision ofaffordable housing or other public benefits. (b) Applicability. Assessor's Block No. 3762, Lots 106, 108, 109, 112, 116, and 117. 1 0 (c) Controls. (1) Lots 108, 109, 117, and portions ofLot 116 shall have a base height limit of85 feet, as shown on Height and Bulk District Map HT01 o[the Zoning Map ofthe City and County ofSan Francisco. (2) Lots 106, 113 and portions of Lots 112 and 116 shall have a base height limit of 130 feet, as shown on Height and Bulk District Map HT01 o[the Zoning Map o[the City and County of San Francisco. .Ql_ The Height limit shall be 160 feet fFor a project that dedicates land for the provision ofatfordable housing, pursuant to Section 419.5(a)(2)(A) and (C) through (J) -:249. 78(e)(2) for housing consisting entirely of affordable housing units as defined in Section 401: (A) The height limit shall be 160 feet and (B) NotvJithstanding Sections 145.1(c)(4) and 249.78(d)(10), non residential and PDR uses on the ground floor shall have a minimum floor to floor height of 14 feet, measured from the ground floor slab; and Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 93 !§G) Notwithstanding Sections 145.1 (c)(4) and 249.78(d)(1 0). non- residential and PDR uses on the ground floor shall have a minimum floor-to-floor height of 14 feet. measured from the ground floor slab: and (C) Notwithstanding the Apparent Mass Reduction controls in Section 270(h)(2). on Lots 106. 108. 109. 112. 116. and 117, the following Apparent Mass Reduction controls shall apply: (i) on the building frontage on Harrison Street. the Apparent Mass Reduction requirement is 50%; and (ii) on the building frontage on Fourth Street, there is no Apparent Mass Reduction Requirement. (4) Conditional use authorization by the Planning Commission shall not be required for use of this special heightthe exceptions in this Section 263.34. SEC. 270. BULK LIMITS: MEASUREMENT. (a) The limits upon the bulk of buildings and structures shall be as stated in this Section and in Sections 271 and 272. The terms "height," "plan dimensions," "length" and "diagonal dimensions" shall be as defined in this Code. In each height and bulk district, the maximum plan dimensions shall be as specified in the following table, at all horizontal cross- sections above the height indicated. District Symbol on Zoning Map Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS TABLE 270 BULK LIMITS Height Above Which Maximum Plan Dimensions (in feet) Maximum Length Diagonal Dimensions Apply (in Dimension feet) Page 94 * * * * CS I This table not applicable. But see Section 270(h). * * * * (h) CS Bulk District. In the CS Bulk District, the bulk limits contained in this subsection 270(h) shall apply. (1) Definitions. For purposes oft his subsection, the definitions o[Section I 02 and the following definitions apply unless otherwise specified in this Section: Apparent Mass Reduction. The percentage o[the Skyplane that does not include the Projected Building Mass from the subject lot. For purposes of calculating Apparent Mass Reduction, any portion ofthe Projected Building Mass that projects above the Height limit shall be added to the projection within the Skyplane. Base Height. The lowest Height from which the Skyplane is measured. Lower Tower. The lower two-thirds o(the Tower Portion o[a Tower, rounded to the nearest floor. Major Street. 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, Mission Street, Howard Street, Folsom Street, Harrison Street, Bryant Street, Brannan Street, and Townsend Street. Mid-Block Passage. Any passage created pursuant to Section 270.2. Narrow Street. A right-of-way with a width of 40 teet or less and more than 60 teet from an intersection with a street wider than 40 feet. Projected Building Mass. The portion oft he subject building that projects into the Skyplane as viewed from the most directly opposite property line. This volume includes all parts and features of a building, including but not limited to any feature listed in Section 260(!:). Skyplane. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 95 (i) A plane along each street-facing property line ofthe subject lot extending: (aa) Vertically from the Base Height up to the Height limit for the subject lot,· and (bb) Horizontally [or the length ofthe street-facing property line. (ii) The figure below illustrates how a skyplane is to be measured: f·:~·:c:.·.:->;h;, .. '<::;: •j,, ..... Tower. Any building taller than 160 feet in Height. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 96 Tower Portion. The portion o(a Tower above 85 feet in Height. Upper Tower. The upper one-third ofthe Tower Portion o(a Tower, rounded to the nearest floor. (2) Apparent Mass Reduction. Projects in the CS Bulk District are subject to the Apparent Mass Reduction controls o(Table 270(h), as well as the setback requirements o(Section 132.4. Table 270(h) Apparent Mass Reduction Building Side o(the Street Height Base Frontage Major Street Southeast and southwest Major Street Southeast and southwest Major Street Northeast and northwest Major Street Northeast and northwest Major Street All Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS District Height* 130 feet 85 feet 160 feet 85 feet 130 feet 85 feet 160 feet 85 feet Above 160 feet 85 feet Apparent Mass Reduction 67% 80% 50% 70% None [or the Tower Portion, as defined in Section 132.4. 80% [or the remainder o[the building. using a Height limit o[160 Page 97 Narrow Street Southeast and southwest Narrow Street Northeast and northwest Narrow Street All Mid- Block All Passage PerrY. Street Northwest Stillman Street Southeast Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS 160 feet and less 135 feet and 160 feet Above 160 feet All All All feet for purposes ofthis calculation. 35 feet The controls o(Section 261.1 (d1(21 shall applY..** 35 feet 85% 35 feet None for the Tower Portion, as defined in Section 132.4. 85% (or the remainder ofthe building, using a Height limit of] 60 feet (or purposes o(this calculation. None The controls o(Section 261.1(d1(31 shall applJ!.. ** % The controls o(Section fee.tNone 261.1(d101 shall applJ!.. ** 35 feet Between 2nd and 3rd Streets: the controls of Section 261.1 shall apply. Between 3rd and 4th Streets: the controls of Section 261.1 shall not apply, and for the first 60 Page 98 Other Street All All Width o[the abutting street feet from an intersection, 0% apparent mass reduction is required: elsewhere, 85% apparent mass reduction is required. Same as the Apparent Mass Reduction for projects along Major Streets in the same height district and on the same side o[_the street. *For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78(c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the Base Height. **For projects that are required to provide PDR pursuant to Sections 202.8 and 249.78(c)(5), if such PDR is provided on the ground floor or above, add 3 vertical feet to the height where upper storv setback is required pursuant to Section 261.1. (3) Bulk Controls (or Buildings Towers. (A) Maximum Floor Area (or the Tower Portion. (i) For residential and hotel uses, the maximum Gross Floor Area o(any floor is 12, 000 gross square (eet. (ii) For all other uses, the maximum Gross Floor Area o(any floor is 17,000 gross square feet and the average Gross Floor Area for all floors in the Tower Portion shall not exceed 15, 000 gross square (eet. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 99 (B) Maximum Plan Dimensions (or the Tower Portion. (i) The maximum length shall be 150 feet. (ii) The maximum diagonal shall be 190 feet. (iii) For buildings with a Height o[250 feet or more, the average Gross Floor Area o[the Upper Tower shall not exceed 85 percent ofthe average Gross Floor Area ofthe Lower Tower, and the average diagonal o[the Upper Tower shall not exceed 92.5 percent o[the average diagonal o[the Lower Tower. (4) Exceptions. Except as specifically described in this subsection (h) and in Section 329(e), no exceptions to the controls in the CS Bulk District shall be permitted. The procedures [or granting special exceptions to bulk limits described in Section 272 shall not apply. * * * * SEC. 270.2. SPECIAL BULK AND OPEN SPACE REQUIREMENT: MID-BLOCK ALLEYS IN LARGE LOT DEVELOPMENT IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, SOUTH OF MARKET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT, REGIONAL COMMERCIAL DISTRICT, SOUTH OFAIARKETAIIXED USE DISTRICT, C-3 DISTRICT, AND DTR DISTRICT. * * * * (c) Applicability. This Section 270.2 applies to all new construction on parcels that have one or more street or alley frontages of over 200 linear feet on a block face longer than 400 feet between intersections, and are in the C-3 Districts, if located south of Market Street, or in the South o.fi,/arket },fixed Use Districts, South of Market Neighborhood Commercial Transit District, Folsom Street Neighborhood Commercial Transit District, Regional Commercial District, Eastern Neighborhoods Mixed Use Districts, or DTR Districts, except for parcels in the RH DTR District, which are subject to Section 827. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 100 * * * * SEC. 303.1. FORMULA RETAIL USES. * * * * (b) Definition. A Formula Retail use is hereby defined as a type of retail sales or service activity or retail sales or service establishment that has eleven or more other retail sales establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the eleven establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a servicemark. * * * * (e) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for a Formula Retail use in the following zoning districts unless explicitly exempted: * * * * (12) The C-3-G District with frontage on Market Street, between 6th Street and the intersection of Market Street, 12th Street and Franklin Street:-.· and {13) The Central SoMa Mixed Use OfficeSpecial Use District as defined in Section 848, except for those uses not permitted pursuant to subsection (0 below. (f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the following zoning districts: * * * * (9) Chinatown Mixed Use Districts do not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses as defined in Sections 790.90 and 790.91:-.· and Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 101 (I 0) Central SoMa Mixed Use OfficeSpecial Use District does not permit Formula Retail Uses that are also Bar, Restaurant, or Limited Restaurant Uses as defined in Section I 02. * * * * SEC. 304. PLANNED UNIT DEVELOPMENTS. In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, or the DTR Districts, or the Sout'1 o}Afarket 1\fixed Use Districts, the Planning Commission may authorize as conditional uses, in accordance with the provisions of Section 303, Planned Unit Developments subject to the further requirements and procedures of this Section. After review of any proposed development, the Planning Commission may authorize such development as submitted or may modify, alter, adjust or amend the plan before authorization, and in authorizing it may prescribe other conditions as provided in Section 303(d). The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this Code only to the extent specified in the authorization. * * * * SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR. In addition to those specified in Sections 302 through 306 of this Code, the Zoning Administrator shall have the following powers and duties in administration and enforcement of this Code. The duties described in this Section shall be performed under the general supervision of the Director of Planning, who shall be kept informed of the actions of the Zoning Administrator. * * * * (g) Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts and the South ofAlar-ket Alixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 102 modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2. (h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section. (1) Applicability. * * * * (E) Better Roofs; Living Roof Alternative. For projects subject to Section 149 and 249. 78(d)(3), the Zoning Administrator may waive portions of the applicable requirements as provided in Section 149(e) and 249. 78(d)(3)(D), respectively. * * * * SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (a) Purpose. The purpose of this Section is to ensure that all large projects proposed in the Eastern Neighborhoods Mixed Use Districts are reviewed by the Planning Commission, in an effort to achieve the objectives and policies of the General Plan, the applicable Design Guidelines, and the purposes of this Code. (b) Applicability. This Section applies to all projects in the Eastern Neighborhoods Mixed Use Districts, except projects in the Western SoMa Special Use District, that are subject to Section 823(c)(.J-JJJ), that meet at least one of the following criteria: ( 1) Outside the Central SoMa Special Use District. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 103 {4L The project includes the construction of a new building greater than 75 feet in height (excluding any exceptions permitted fJf*pursuant to Section 260(b)), or includes a vertical addition to an existing building with a height of 75 feet or less resulting in a total building height greater than 75 feet; or (.JJ1) The project involves a net addition or new construction of more than 25,000 gross square feet. (2) Within the Central SoMa Special Use District. (A) The project includes the construction of a new building greater than 85 feet in height (excluding any exceptions permitted pursuant to Section 260(QLJ, or includes a vertical addition to an existing building with a height o(85 feet or less resulting in a total building height greater than 85 feet,· or (B) The project involves a net addition or new construction o(more than 50,000 gross square feet. * * * * (d) Exceptions. As a component of the review process under this Section 329, projects may seek specific exceptions to the provisions of this Code as provided for below: * * * * (4) Exception from satisfaction of loading requirements of Section 152.1 as specified therein. In the Central SoMa SUD, the Commission may consider the project's Driveway and Loading Operations Plan (DLOP) pursuant to Section 155(u) in making its determination. * * * * (12) Where not specified elsewhere in this &~ubsection (d), modification of exceptions to other Code requirements wfl.ieR that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 104 property is located, except that such exceptions shall not be permitted for projects in the Central SoMa Special Use District. (13) For development located within the Central SoMa SUD: (A) Exception to the building separation requirements pursuant to Section 132.4(d)(3)(8). (B) Exception to the freight loading requirements, pursuant to Sections 152.1,154,and155. (C) Exception to Dwelling Unit Exposure requirements pursuant to Sections 140 and 249.78(d)(9111 (D) Exception to the Controls for Wind Comfort pursuant to Section 249.78(d)(+~ (E) Exception to the lot coverage limits of Section 249.78(d)(46) for conversions of existing non-residential structures to residential use. (e) Exceptions (or Key Sites in Central SoMa. (I) Purpose. The Central SoMa Plan Area contains a number oflarge, underutilized development sites. By providing greater flexibility in the development ofthese sites, the City has an opportunity to achieve key objectives ofthe Central SoMa Plan and to locate important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa. (2) Applicability. The controls discussed below apply to the (allowing lots, as identified in the Key Site Guidelines adopted by the Central SoMa Area Plan (Ordinance No. 2 9 6 -18 , on file with the Clerk o(the Board o(Supervisors in File No. 180184): (A) The southwest corner o(the intersection o(5th Street and Howard Street, consisting o(Block 3732, Lots 003, 004, 005, 099, 100, 145A, 146, and 149, as well as any other parcels included as part ofthe same development application (or one o(these lots,· Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 1 (B) The southeast corner o[the intersection of 4th Street and Harrison Street, consisting ofBlock 3762, Lots 106, 108, 109, 112, 116, and 117,· (C) The southwest corner o[the intersection of2nd Street and Harrison Street, consisting ofBlock 3763, Lots 001, 078, 079, 080, 080A, 081, 099, 100, 1 OJ, 105, 112, and 113. (D) The northeast corner o(the intersection of 4th Street and Brannan Street, consisting ofBlock 3776, Lot 025,· (E) The northeast corner o[the intersection of5th Street and Brannan Street, consisting o[Block 3777, Lots 045, 050, 051, and 052; {F) The southern halfofthe block north ofBrannan Street between 5th Street and 6th Street, consisting ofBlock 3778, Lots OOJB, 002B, 004, 005, 047, and 048,· (G) The southeast corner ofthe intersection of 5th and Brannan Streets, consisting ofBlock 3786, Lots 036 and 037; and (H) The northeast corner o[the intersection of 4th and Townsend Streets, consisting o[Block 3787, Lots 026, 028, 050, 161, 162, 163, and 164. (3) Controls. Pursuant to this Section 329(e) and the Key Site Guidelines adopted as part o[the Central SoMa Area Plan, the Planning Commission may grant exceptions to the provisions o[this Code as set forth in subsection (d) above and may also grant the exceptions listed below .for projects that provide qualified amenities in excess of what is required by the Code. (A) Qualified Amenities. Qualified additional amenities that may be provided by these Key Sites include: atfgrdable housing beyond what is required under Section 415 et seq.; land dedication pursuant to Section 413.7 by non-residential projects for construction of affordable housing in partial or full satisfaction of the Jobs-Housing linkage Fee. or in excess of that required to satisfv the Jobs-Housing linkage Fee. provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.7pursuant to Section 413.7; land dedication pursuant to Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 106 Section 413.7 by residential projects for construction of affordable housing in partial or full satisfaction of the Alternatives to the lnclusionarv Housing Fee. or in excess of that required to satisfy the Alternatives to the lnclusionary Housing FeeComponent, pursuant to Section 419.@5, to the extent permitted by state law, provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.7 ,; _ _p DR at a greater amount and/or lower rent than is otherwise required under Sections 202.8 or 249. 78(c){5); public parks, recreation centers, or plazas; and improved pedestrian networks. (B) Exceptions. Upon consideration o[qualified amenities in excess of what is required by the Code, the Planning Commission may grant one or more exceptions to the following requirements: the streetwall and setback controls established in Section 132. 4,· the building separation controls in Section 132.4, including but not limited to the controls in subsection 132.4(d)(3)(B); protected street frontages in Section 155(r); the setback requirements in Section 261.1 ,· bulk controls established in Section 270(h); and the lot merger restrictions established in Section 249. 78(d){f711; the PDR requirements established in Section 249.78(c)(5); the requirement that POPOS be open to the sky established in Section 138(d)(2)(B); or the commercial orientation of large sites established in Section 249.78(c)(6):.. In addition to these exceptions, the Planning Commission may grant one or more of the following exceptions: (i) On the Key Site identified in Section 329(e)(2)(B), the ground floor non residential height required by Sections 145.1 and 249.78(d)(810) may be reduced to 14 feet. In addition, the apparent mass reduction controls in Table 270(h) may be reduced as follows: (A) on the building frontage on Harrison Street, a reduction in the apparent mass reduction requirement to 50%; (B) on the building frontage on Fourth Street, elimination of the apparent mass reduction requirement. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 107 (ii) On the Key Site identified in Section 329(e)(2)(C). exception to the lot coverage limits in Section 249.78(d)(46). the micro-retail requirement in 249.78(c)(4). the active use requirement in Section 145.1, and the ground floor commercial use requirements in Section 145.4. In addition, the site may be permitted to seek a Conditional Use Authorization to establish a Formula Retail Limited Restaurant, pursuant to Section 303.1. In addition, any indoor POPOS on the site may be deemed to satisfy the requirements of Sections 135(h) and 135.3. (iii) On the Key Site identified in Section 329(e)(2)(D), exception to the requirement in Section 138(d)(2)(E)(i) that ground floor POPOS be open to the sky. (iv) On the Key Site identified in Section 329(e)(2)(E), exception to the lot coverage limits in Section 249.78(d)(46), the requirement that POPOS be open to the sky in Section 138, the street frontage requirements in Section 145.1, and the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r). L+v) On the Key Site identified in Section 329(e)(2)(G), exception to the PDR space requirements of Section 249.78(c)(5). (vi) On the Key Site identified in Section 329(e)(2)(H), exception to the protected pedestrian , cycling , and transit oriented street frontage requirements of Section 155(r) and to the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r), the street frontage requirements in Section 145.1, the required ground floor commercial uses in Section 145.4, a-Rd-the requirement that at least two-thirds of the Gross Floor Area of all building area below 160 feet be non-residential in Section 249.78(c)(6), and the requirement in Section 138(d)(2)(E)(i) that ground floor POPOS be open to the sky. In addition, the usable open space requirement pursuant to Section 135 may be reduced to 60 square feet of usable open space required for each dwelling unit if not publicly accessible. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 108 (vii) On the Key Site identified in Section 329(e)(2)(F), the Planning Commission may grant one or more of the following exceptions, if an agreement to such an exception is contained in any development agreement approved by the City pursuant to California Government Code Section 65864 et seq., and subject to any requirements contained in said development agreement: a. Exception to the off-street parking controls of Section 151.1 to allow additional accessorv PDR parking solely to serve the tenants and customers of the site. b. Exception to the requirement that POPOS be open to the sky in Section 138(d)(2)(E)(i), to allow a cumulative maximum of 20% of the POP OS to be covered by any combination of (a) an inhabitable portion of a building, which portion of the POP OS shall have a minimum clearance height of 20' and maximum depth from face of overhead building of 15', or (b) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 50' and minimum horizontal dimension in all directions of 20'. c. Exception to the transparency and fenestration requirements of Section 249.78(c)(1)(F) on 5th Street between Brannan and Brvant Streets. d. Exception to the protected street frontage requirements of Section 155(r) on 5th Street between Brannan and Brvant Streets. (4) Determination. In granting such exceptions, the Planning Commission shall determine that the provision o(the proposed amenities and exceptions would meet the fOllowing criteria: (A) The amenities and exceptions would, on balance, be in confOrmity with and support the implementation o(the Goals, Objectives, and Policies o(the Central SoMa Plan, Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 109 (B) The amenities would result in an equal or greater benefit to the City than would occur without the exceptions, and (C) The exceptions are necessary to facilitate the provision o(important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa. (ejJ Hearing and Decision. * * * * SEC. 401. DEFINITIONS. In addition to the specific definitions set forth elsewhere in this Article, the following definitions shall govern interpretation of this Article: * * * * "Designated affordable housing zones." For the purposes of implementing the Eastern Neighborhoods Community ImprovementsPublic Benefits Fund, shall mean the Mission NCT defined in Section 754 and those },fixed Use Residential Districts dcfiJqed in Section 841 that are located ·within the boundaries ofeither the East So}ffa or W~stern So}Ja Plan Areas. * * * * "Eastern Neighborhoods Community JmprovementsPublic Benefits Fund." The fund into which all fee revenue collected by the City from the Eastern Neighborhoods Impact Fee is deposited. * * * * SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * (e) Waiver or Reduction of Fees for a Public Park in the Central SoMa Plan Area. A development project may elect to provide land and other resources in order to construct a Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 110 public park on an approximately 40.000 square-foot portion of Block 3777 as called for in the Central SoMa Plan, and in doing so may be eligible for a waiver against all or a portion of fees otherwise applicable to such development as set forth in this subsection 406(e). As part of the approval process for such a project, the Planning Commission may waive all or a portion of the Eastern Neighborhoods Infrastructure Impact Fee, the Central SoMa Infrastructure Impact Fee, the Transit Impact Development Fee, and the Transit Sustainability Fee, and may specify how such waiver would be distributed among the aforementioned fees, provided such total amount does not exceed the value of the park, which shall be calculated based on actual costs to acquire the land. SEC. 411A.3. APPLICATION OF TSF. * * * * (d) Application of the TSF to Projects in the Approval Process at the Effective Date of Section 411A. The TSF shall apply to Development Projects that are in the approval process at the effective date of Section 411A, except as modified below: (1) Projects that have a Development Application approved before the effective date of this Section shall not be subject to the TSF, but shall be subject to the TIDF at the rate applicable pe:Fpursuant to Planning Code Sections 411.3 (e) and 409, as well as any other applicable fees. (2) Projects that have filed a Development Application or environmental review application on or before July 21, 2015, and have not received approval of any such application, shall be subject to the TSF as follows. except as described in subsection (3) below: (A) Residential Uses subject to the TSF shall pay 50% of the applicable residential TSF rate, as well as any other applicable fees. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 111 (B) The Non-residential or PDR portion of any project shall be subject to the TSF but pay the applicable TIDF rate fH*pursuant to Planning Code Sections 411.3(e) and 409, as well as any other applicable fees. (3) Projects that have not filed a Development Application or environmental review application before July 22, 2015, and file the first such application on or after July 22, 2015, and have not received approval of any such application, as well as projects within the Central SoMa Special Use District that have a Central SoMa DevelopmentFee Tier o[A, B. or C, as defined in Section 423.2, regardless o[the date filed o[any Development Application, shall be subject to the TSF as follows: (A) Residential Uses subject to the TSF shall pay 100% of the applicable residential TSF rate, as well as any other applicable fees. (B) The Non-residential or PDR portion of any project shall pay 100% of the applicable Non-residential or PDR TSF rate, as well as any other applicable fees. * * * * SEC. 413. 7. COMPLIANCE BY LAND DEDICATION WITHIN THE CENTRAL SOMA SPECIAL USE DISTRICT. (a) Controls. Within the Central SoMa Special Use District, projects may satisfY all or a portion oft he requirements o[Section 413. 5, 413.6 and 413.8 via dedication o[land vvith equivalent or greater value than the fee mved pursuant to Section 413 et seq. Projects may receive a credit against such requirements up to the value of the land donated. calculated pursuant to subsection (b) below. (b) Requirements. (1) The value o[the dedicated land shall be determined by the appraisal Director of Property_pursuant to Chapter 23 of the Administrative Code, but shall not exceed the actual cost of acquisition by the project sponsor of the dedicated land in an arm's length transaction. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 112 Prior to issuance bv DB! o[the first site or building permit [or a development project subject to Section 413.1 et seq. the sponsor shall submit to the Department, with a copy to MOHCD and the Director of Property,_ the appraisal reports required by Chapter 23 of the Administrative Code of the fair market valuedocumentation sufficient to substantiate the actual cost of acquisition by the sponsor in an arm's length transaction of any land to be dedicated by the sponsor to the City and County o[San Francisco, and any additional information that would impact the value of the land. (2) Projects are subject to the requirements o[Section 419.5(a){2){A) and (C) through * * * * SEC. 413.10. CITYWIDE AFFORDABLE HOUSING FUND. All monies contributed pursuant to Sections 413.6 or 413.8 or assessed pursuant to Section 413.9 shall be deposited in the Citywide Affordable Housing Fund ("Fund"), established in Administrative Code Section 10.100-49. The receipts in the Fund collected under Section 413et seq. shall be used solely to increase the supply of housing affordable to qualifying households subject to the conditions of this Section. The fees collected under this Section may not be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity. The Mayor's Office of Housing and Community Development ("MOHCD") shall develop procedures such that, for all projects funded by the Citywide Affordable Housing Fund, MOHCD requires the project sponsor or its successor in interest to give preference in occupying units as provided for in Administrative Code Chapter 47. Pursuant to Section 249. 78(e){J ), all monies contributed pursuant to the Jobs-Housing Linkage Program and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted [or. Such funds shall be Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 113 expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. * * * * SEC. 414.4. IMPOSITION OF CHILD CARE REQUIREMENT. (a) Determination of Requirements. The Department shall determine the applicability of Section 414.1et seq. to any development project requiring a first construction document and, if Section 414.1 is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of child-care facilities which will be caused by the employees attracted to the proposed development project. The project sponsor shall supply any information necessary to assist the Department in this determination. (b) Department Notice to Development Fee Collection Unit at DB I. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 414.1et seq., it shall immediately notify the Development Fee Collection Unit at OBI of its determination in addition to the other information required by Section 402(b) of this Article. (c) Sponsor's Choice to Fulfill Requirements. ill Except as otherwise specified in this subsection, .P.g,rior to issuance of a building or site permit for a development project subject to the requirements of Section 414.1 et seq., the sponsor shall elect one of the six options listed below to fulfill any requirements imposed as a condition of approval and notify the Department of t-Reifits choice of the following: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 114 (4-A) Provide a child-care facility on the premises of the development project for the life of the project pursuant to Section 414.5; or (2-8) In conjunction with the sponsors or one or more other development projects subject to Section 414.1et seq. located within% mile of one another, provide a single child-care facility on the premises of one of their development projects for the life of the project as set forth in Section 414.6; or (~C) Either singly or in conjunction with the sponsors or one or more other development projects subject to Section 414.1et seq. located within% mile of one another, provide a single child-care facility to be located within one mile of the development project(s) pursuant to Section 414.7; or (40) Pay an in-lieu fee to the Development Fee Collection Unit at OBI pursuant to Section 414.8; or (eE) Combine payment of an in-lieu fee to the Child Care Capital Fund with construction of a child-care facility on the premises or providing child-care facilities near the premises, either singly or in conjunction with other sponsors pursuant to Section 414.9; or (eE) Enter into an arrangement pursuant to which a nonprofit organization shall provide a child-care facility at a site within the City pursuant to Section 414.10. (2) In the Central SoMa SUD. an Office or Hotel project that is a Key Site, as defined in Section 329. shall satisfy this Section 414.4 by the means specified in Section 249.78. * * * * SEC. 414.5. COMPLIANCE BY PROVIDING AN ON-SITE CHILD-CARE FACILITY. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 115 The sponsor of a development subject to Section 414.1 et seq. may elect to provide a child-care facility on the premises of the development project for the life of the project to meet the requirements of Section 414.1 et seq. The sponsor shall, prior to the issuance of the first certificate of occupancy by DBI for the development project, provide proof to the Department that: * * * * SEC. 414.7. COMPLIANCE IN CONJUNCTION WITH THE SPONSORS OF OTHER DEVELOPMENT PROJECTS TO PROVIDE A CHILD-CARE FACILITY WITHIN ONE MILE OF THE DEVELOPMENT PROJECTS. Except as specified in Section 249.78, t+he sponsor of a development project subject to Section 414.1 et seq., either singly or in conjunction with the sponsors of one or more other development projects subject to Section 414.1et seq. located within Yz mile of one another, may elect to provide a single child-care facility to be located within one mile of the development project(s) to meet the requirements of Section 414.1 et seq. Subject to the discretion of the Department, the child-care facility shall be located so that it is reasonably accessible to public transportation or transportation provided by the sponsor(s). The sponsor(s) shall, prior to the issuance of the first certificate of occupancy by DBI for any development project complying with this part, provide proof to the Department that: * * * * SEC. 414.8. COMPLIANCE BY PAYMENT OF AN IN-LIEU FEE. (a) Except as specified in Section 249.78 t+he sponsor of a development project subject to Section 414.1et seq. may elect to pay a fee in lieu of providing a child-care facility. The fee shall be computed as follows: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 116 * * * * SEC. 415.3. APPLICATION. * * * * (b) Except as provided in subsection (3) below, aAny development project that has submitted a complete Environmental Evaluation application prior to January 12, 2016 shall comply with the Affordable Housing Fee requirements, the on-site affordable housing requirements or the off-site affordable housing requirements, and all other provisions of Section 415.1 et seq., as applicable, in effect on January 12, 2016. For development projects that have submitted a complete Environmental Evaluation application on or' after January 1, 2013, the requirements set forth in Planning Code Sections 415.5, 415.6, and 415.7 shall apply to certain development projects consisting of 25 dwelling units or more during a limited period of time as follows. * * * * (3) During the limited period of time in which the provisions of Section 415.3(b) apply, the following provisions shall apply: {dl Eor any housing development that is located in an area with a specific affordable housing requirement set forth in an Area Plan or a Special Use District, or in any other section of the Code such as Section 419, with the exception of the UMU Zoning District or in the South of Market Youth and Family Zoning District, the higher of the affordable housing requirement set forth in such Area Plan or Special Use District or in Section 415.3(b) shall apply,.,:_ (B) Development projects that are within the Central SoMa Special Use District; that are designated as Central SoMa Development Tier A, B, or C. as defined in Section 423.2,· and that submitted a complete Environmental Evaluation application prior to January 12, 2016 Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 117 shall be subject to the affordable housing requirements set forth in Sections 415. 5, 415. 6, and 415. 7 that apply to projects that submitted a complete Environmental Evaluation Application on or after January 13, 2016 and before December 31, 2017; and {Q__Any affordable housing impact fee paid pursuant to an Area Plan or Special Use District shall be counted as part of the calculation of the inclusionary housing requirements contained in Planning Code Sections 415.1 et seq. * * * * SEC. 415.5. AFFORDABLE HOUSING FEE. * * * * (f) Use of Fees. All monies contributed pursuant to the lnclusionary Affordable Housing Program shall be deposited in the Citywide Affordable Housing Fund ("the Fund"), established in Administrative Code Section 10.100-49, except as specified below. The Mayor's Office of Housing and Community Development ("MOHCD") shall use the funds collected under this Section 415.5 in the following manner: * * * * (2) "Small Sites Funds." (A) Designation of Funds. MOHCD shall designate and separately account for 10% of all fees that it receives under Section 415.1 et seq. that are deposited into the Citywide Affordable Housing Fund, established in Administrative Code Section 10.100-49, excluding fees that are geographically targeted such as those referred to in Sections 249. 78(e){J ), 415.5(b)(1 Land 827(b)(1 ), to support acquisition and rehabilitation of Small Sites ("Small Sites Funds"). MOHCD shall continue to divert 10% of all fees for this purpose until the Small Sites Funds reach a total of $15 million,_ at which point, MOHCD will stop designating funds for this purpose. At such time as designated Small Sites Funds are expended and dip below $15 million, MOHCD shall start designating funds again for this Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 118 purpose, such that at no time the Small Sites Funds shall exceed $15 million. When the total amount of fees paid to the City under Section 415.1 et seq. totals less than $10 million over the preceding 12-month period, MOHCD is authorized to temporarily divert funds from the Small Sites Fund for other purposes. MOHCD fn'l;fSfshall keep track of the diverted funds, however, such that when the amount of fees paid to the City under Section 415.1 et seq. meets or exceeds $10 million over the preceding 12-month period, MOHCD shall commit all of the previously diverted funds and 10% of any new funds, subject to the cap above, to the Small Sites Fund. * * * * (4) Pursuant to Section 249. 78(e){l ), all monies contributed pursuant to the Inclusionary Affordable Housing Program and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. Such funds shall be expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. * * * * SEC. 415.7. OFF-SITE AFFORDABLE HOUSING ALTERNATIVE. * * * * (c) Location of off-site housing: (I) Except as specified in subsection (ii) below, tThe off-site units shall be located within one mile of the principal project,:, (2) Projects within the Central SoMa SUD must be located within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. * * * * SEC. 417.5. USE OF FUNDS. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 119 The Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. MOH shall expend the funds according to the following priorities: First, to increase the supply of housing affordable to qualifying households in the Eastern Neighborhoods Project Areas; second, to increase the supply of housing affordable to qualifying households within 1 mile of the boundaries of the Eastern Neighborhoods Project Areas; third, to increase the supply of housing affordable to qualifying households in the City and County of San Francisco. The funds may also be used for monitoring and administrative expenses subject to the process described in Section 415.5(e). All monies contributed pursuant to the Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee and collected within the Central SoMa Special Use District shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for. Such funds shall be expended within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. * * * * SEC. 418.7. SOMA COMMUNITY STABILIZATION FUND. (a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the SOMA Community Stabilization Fund ("Fund"), and within the Fund an account related to the Community Facilities District defined in Section 434 called the SoMa Community Facilities District Account ("Community Facilities District Account"). The Fund and the Community Facilities District Account shall be held and maintained by the Controller. All monies collected by DBI pursuant to Section 419.3418.3 shall be deposited in the Funda special fund, to be maintained by the Controller. The Controller may direct certain proceeds of the Community Facilities District special tax, as defined in Section 434, collected pursuant to Section 434, to be deposited into the Community Facilities District Account. Proceeds of bonds issued for the Community Facilities District shall not be deposited into the Community Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 120 Facilities District Account .The receipts in the Fund and the Community Facilities District Account are hereby appropriated in accordance with law to be used solely to address the effects of destabilization on residents and businesses in SOMA subject to the conditions of this Section. (b) Use of Funds. (1) All monies deposited in the Fund shall be used to address the impacts of destabilization on residents and businesses in SOMA including assistance for: affordable housing and community asset building, small business rental assistance, development of new affordable homes for rental units for low income households, rental subsidies for low income households, down payment assistance for home ownership for low income households, eviction prevention, employment development and capacity building for SOMA residents, job growth and job placement, small business assistance, leadership development, community cohesion, civic participation, cultural preservation. and community based programs and economic development. Monies in the Community Facilities District Account may be used for the purposes specified in t!Jis subsectiorl_ib) that are authorized uses of Community Facilities District revenues under the proceedings for the Community Facilities District and that are described in the Central SoMa Implementation Program Document. (2) Monies from the Fund may be appropriated by MOHCD without additional approval by the Board of Supervisors to the Planning Commission or other City department or office to commission economic analyses for the purpose of revising the fee, to complete a nexus study to demonstrate the relationship between residential development and the need for stabilization assistance if this is deemed necessary, provided these expenses do not exceed a total of $1 00-:-±000. The receipts in the Fund may be used to pay the expenses of MOHCD in connection with administering the Fund and monitoring the use of the Funds. Before expending funds on administration, MOCHD must obtain the approval of the Board of Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 121 Supervisors by Resolution. Monies in the Community Facilities District Account may not be used for the purposes described in this subsection. (3) Receipts in the Fund shall also be used to reimburse the Department for conducting a study as follmvs. VVithin 60 days of the effective date of Section 418.1 et seq. the Department shall commence a study on the impact, in nature and amount, of market rate housing development on the production of permanently affordable housing and recommend the range of possible fees to be paid by market rate housing developers to mitigate such impact should one be found. The Department shall make timely progress reports on the conduct of this study and shall submit the completed report along \Vith recommendations for legislation to the Land Use & Economic Development Committee of the Board of Supervisors. This study is meant to accomplish the same purposes as the study authorized by the Board of Supervisors in Planning Code Section 415.8(e) and thus supersedes 415.8(e)4. (c) Reporting. The Controller's Office shall file a report with the Board of Supervisors in even-numbered years, which report shall set forth the amount of money collected in the Fund. The Fund shall be administered and expended by MOHCD, but all expenditures shall first be approved by the Board of Supervisors through the legislative process. In approving expenditures from the Fund, MOHCD and the Board of Supervisors shall accept any comments from the Community Advisory Committee, the public, and any relevant City departments or offices. With respect to the Community Facilities District Account, the Controller's Office also shall comply with the reporting requirements set forth in the Special Tax Financing Law and Government Code Section 50075 et seq. Before approving any expenditures, the Board of Supervisors shall determine the relative impact from the development in the Rincon Hill Plan Area on the areas described in Section 418.7(b) and shall insure that the expenditures are consistent with mitigating the impacts from the development. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 122 (d) Oversight. There shall be a SOMA Community Stabilization Fund Community Advisory Committee to advise MOHCD and the Board of Supervisors on the administration of the Fund. (1) The Community Advisory Committee shall be composed of seven members appointed as follows: (A) One member representing low-income families who lives with his or her family in SOMA, appointed by the Board of Supervisors. (B) One member who has expertise in employment development and/or represents labor, appointed by the Board of Supervisors. (C) One member who is a senior or disabled resident of SOMA, appointed by the Board of Supervisors. (D) One member with affordable housing expertise and familiarity with the SOMA neighborhood, appointed by the Board of Supervisors (E) One member who represents a community based organization in SOMA, appointed by the Board of Supervisors. (F) One member who provides direct services to SOMA families, appointed by the Board of Supervisors. (G) One member who has small business expertise and a familiarity with the SOMA neighborhood, appointed by the Board of Supervisors. (2) The Community Advisory Committee shall comply with all applicable public records and meetings laws and shall be subject to the Conflict of Interest provisions of the City's Charter and Administrative Code. The initial meeting of the Advisory Committee shall be called within 30 days from the day the Board of Supervisors completes its initial appointments. MOHCD shall provide administrative support to the Committee. The Committee shall develop annual recommendations to MOHCD on the Expenditure Plan. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 123 (3) The members of the Community Advisory Committee shall be appointed for a term of two years; provided, however, that the members first appointed shall by lot at the first meeting, classify their terms so that three shall serve for a term of one year and four shall serve for a term of two years. At the initial meeting of the Committee and yearly thereafter, the Committee members shall select such officer or officers as deemed necessary by the Committee. The Committee shall promulgate such rules or regulations as are necessary for the conduct of its business under this Section. In the event a vacancy occurs, a successor shall be appointed to fill the vacancy consistent with the process and requirements to appoint the previous appointee. When a vacancy occurs for aR reason other than the expiration of a 1 0 term of office, the appointee to fill such vacancy shall hold office for the unexpired term of his or her predecessor. Any appointee who misses four meetings within a twelve-month period, without the approval of the Committee, shall be deemed to have resigned from the Committee. (e) '."Jithin 90 days of the effective date of Section 418.1et seq., the Director of MOCD shall propose rules, regulations and a schedule for administrative support governing the Fund to the Board of Supervisors for its approval. SEC. 419. HOUSING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT PROJECTS IN THE UMU ZONING DISTRICTS OF THE EASTERN NEIGHBORHOODS AND THE LAND DEDICATION ALTERNATIVE IN THE UMU DISTRICT, MISSION NCT DISTRICT, AND CENTRAL SOMA SPECIAL USE DISTRICT. Sections 419.1 through 419.6, hereafter referred to as Section 419.1_et seq., set forth the housing requirements for residential development projects in the UMU Zoning Districts of the Eastern Neighborhoods and the Land Dedication Alternative in the UMU District, Mission NCT District, and Central SoMa Special Use District. The effective date of these requirements Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 124 shall be either December 19, 2008, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective. * * * * SEC. 419.6. LAND DEDICATION ALTERNATIVE IN THE MISSION NCT DISTRICT AND CENTRAL SOMA SPECIAL USE DISTRICT. (a) Mission NCT District. The Land Dedication alternative is available for any project within the Mission NCT District under the same terms and conditions as provided for in Section 419.5(a)(2)(A)-(J). {b) Central SoMa Special Use District. The Land Dedication alternative is available for projects within the Central SoMa Special Use District under the same terms and conditions as provided for in Section 419.5(a){2), except that in lieu ofthe Land Dedication Alternative requirements of Table 419. 5, projects may satisfY the requirements o(Section 415.5 by dedicating land for affordable housing i[the dedicated site will result in a total amount o(dedicated Gross Floor Area that is equal to or greater than 45% o[the potential Gross Floor Area that could be provided on the principal site, as determined by the Planning Department. Any dedicated land shall be within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. * * * * SEC. 423.1. PURPOSE AND FINDINGS SUPPORTING EASTERN NEIGHBORHOODS IMPACT FEES AND COMMUNITY IMPROVEMENTS FUND. (a) Purpose. The Board takes legislative notice of the purpose of the Eastern Neighborhoods Area Plan as articulated in the Eastern Neighborhoods Area Plan of the San Francisco General Plan. San Francisco's Housing Element establishes the Eastern Neighborhoods as a target area for development of new housing to meet San Francisco's identified housing targets. The release of some of the area's formerly industrial lands, no longer needed to meet current industrial or PDR needs, offer an opportunity to achieve higher Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 125 affordability, and meet a greater range of need. The Mission, Showplace Square- Potrero Hill, Central SoMa, East SoMa, Western SoMa and Central Waterfront Area Plans of the General Plan (Eastern Neighborhoods Plans) thereby call for creation of new zoning intended specifically to meet San Francisco's housing needs, through higher affordability requirements and through greater flexibility in the way those requirements can be met, as described in Section 419. To support this new housing, other land uses, including PDR businesses, retail, office and other workplace uses will also grow in the Eastern Neighborhoods. This new development will have an extraordinary impact on the Plan Area's already deficient neighborhood infrastructure. New development will generate needs for a significant amount of public open space and recreational facilities; transit and transportation, including streetscape and public realm improvements; community facilities and services, including child care; and other amenities, as described in the Eastern Neighborhoods Community Improvements Program, on file with the Clerk of the Board in File No. 081155. A key policy goal of the Eastern Neighborhoods Plans is to provide a significant amount of new housing affordable to low, moderate and middle income families and individuals, along with "complete neighborhoods" that provide appropriate amenities for these new residents. The Plans obligate all new development within the Eastern Neighborhoods to contribute towards these goals, by providing a contribution towards affordable housing needs and by paying an Eastern Neighborhoods Impact Fee. * * * * SEC. 423.2. DEFINITIONS. ftt)--ln addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 423.1_et seq. {g)_ Eastern Neighborhoods Base Height. The Height limit immediately prior to the adoption o[the fOllowing: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 126 (1) The Eastern Neighborhoods Plan (Ordinance No. 298-08, on file with the Clerk o( the Board o(Supervisors in File No. 081153), regardless o(subsequent changes in the Height limit, [or parcels within the East SoMa Plan Area at the time o(plan adoption; (2) The Western SoMa Area Plan (Ordinance No. 41-13, on file with the Clerk o[the Board o(Supervisors in File No. 130001 ), regardless o(subsequent changes in the Height limit, [or parcels within the Western SoMa Area Plan at the time o(plan adoption; or (3) Ordinance No. 13-14 (on file with the Clerk o[the Board o(Supervisors in File No. 131161 ), regardless o(subsequent changes in the Height limit, [or parcels added to the East SoMa Plan Area by Ordinance No. 13-14. 1 0 {b) Central SoMa Base Height. (1) For all parcels except those described in subsection (2) below, the Height limit established by the Central SoMa Plan (Ordinance No. 2 96-18 , on file with the Clerk o[the Board o(Supervisors in File No. 180184), regardless o(subsequent changes in the Height limit. (2) Exception (or Narrow Sites. Pro;ects on parcels in the CS Bulk District, as defined in Section 270, with a Height limit greater than 85 feet and with no street or alley frontage greater than I 00 feet shall be considered [or the purposes o(Section 423 et seq. to have a Height limit o(85 feet regardless o[the parcel's actual Height limit. (c) Eastern Neighborhoods Fee Tiers. (1)Tier1. (A) All development on sites whiehthat received a height increase of eight feet or less, received no height increase, or received a reduction in height, as measured (rom the Eastern Neighborhoods Base Heightpart ofthe Eastern 1Veighborhoods Plan (onjile ',vith the Clerk &jthe Board o.f.Supervisors in :l"'ile No. 081154) or the W£Stern SoM:a Cornmunity Plan (onjile 1vith the Clerk &}the Board &jSupenisors in I?fle No. 130001); (B) The residential portion of all 100% affordable housing projects; Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 127 (C) The residential portion of all projects within the Urban Mixed Use (UMU) district; and (D) All changes of use within existing structures. (2) Tier 2. All additions to existing structures or new construction on other sites not listed in subsection (1) above whiehthat received a height increase of nine to 28 feet,_ as measured from the Eastern Neighborhoods Base Heightpart &jthe Eastern Neighborhoods Plan (on file with the Clerk ofthe Board ofSupervisors in :I?ile I'lo. 08I I 54) or the W~stern So1\1a Community Plan (on file ',vith the Clerk o.fthe Board &jSupenrisors in I''ile No. 130001); For the purposes &}this Section, increase in heights irt the Wlv!UG District in 1 0 Assessor's Blocks 3 733 and 3 752 shall be measured by the base height (as defined in Section 263.11) prior to the cffictive date of tlw Western So},{a P Zan (Ordinance No. Or d. 42 I 3); (3) Tier 3. All additions to existing structures or new construction on other sites not listed in subsection (1) above whiehthat received a height increase of 29 feet or more,_ as measured from the Eastern Neighborhoods Base Heightpart ofthe Eastern Neighborhoods Plmt (onfile ',vith the Clerk &jthe Board ofSupervisors in :Fi'fle 1'lo. 08I I 54) or the Western So1\1a Community Plan (on file rvith the Clerk &jthe Board &}Supervisors in File 1'lo. I 30001). For purposes o.fthis Section, increase in heights in the },fUR District shall be measured by the base height (as defined in Section 263 .11) prior to tlze effective date of the Eastern Neighborhoods (Ordinance 1'lo. 298 08). (d) Central SoMa Fee Tiers. For all applicable projects, the following Fee Tiers apply: (1) Tier A. (A) All development on sites rezoned [rom SAL! or SLI to either CMUO. MUG. MUR. or WMUO with a Height limit at or below 45 feet, pursuant to the adoption ofthe Central SoMa Area Plan (on file with the Clerk o(the Board o(Supervisors in File No. 180184). Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 128 (B) All development on all other sites that received a Height increase o[15 feet to 45 feet pursuant to the adoption o[the Central SoMa Area Plan (on tile with the Clerk o[the Board o[Supervisors in File No. 180184). (2) Tier B. (A) All development on sites rezoned from SAL! or SLI to either CMUO. MUG, MUR, or WMUO with a Height limit o[between 46 and 85 feet, pursuant to the adoption o[the Central SoMa Area Plan (on tile with the Clerk o[the Board o[Supervisors in File No. 180184). (B) All development on all other sites that received a Height increase of 46 feet to 85 feet pursuant to the adoption o[the Central SoMa Area Plan (on tile with the Clerk o[the Board o[Supervisors in File No. 180184). (3) Tier C. (A) For All development on sites rezoned from SAL! or SLI to either CMUOc! MUG, MUR, or WMUO with a Height limit above 85 feet, pursuant to the adoption o[the Central SoMa Area Plan (on tile with the Clerk o[the Board o[Supervisors in File No. 180184). (B) All development on all other sites that received a Height increase o[more than 85 feet pursuant to the adoption o[the Central SoMa Area Plan {on tile with the Clerk o[the Board o[Supervisors in File No. 180184). SEC. 423.3. APPLICATION OF EASTERN NEIGHBORHOODS INFRASTRUCTURE IMPACT FEE. * * * * (d) Option for In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Eastern Neighborhoods Infrastructure Impact Fee from the Planning Commission, subject to the following rules and requirements: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 1 (1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Eastern Neighborhoods Community Improvements Program and where they substitute for improvements that could be provided by the Eastern Neighborhoods Community Improvements Public BeNefits Fund (as described in Section 423.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Eastern Neighborhoods Area Plans (Central Waterfront, East SoMa, Western SoMa, Mission, and Showplace Square/Potrero Hill), by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement. * * * * (f) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to{Jff Section 406 of this Article. Additionally,prf!ject spoNsor~ with a development project located rFithin an applicable San FraNcisco Redevelopment Project Area may reduce their required contribution to the Eastern Neighborhoods Public Benefits Fund b)' halfofany total sum that they ·would otherwise be required to pay Ul9der this SectioN, ifthe spoNsor (1) hasfiled itsfirst application, iNcluding an eNviromneNtal ellaluation applicatioN or any other PlanniNg Department or Building Department application before the effective date o.fSection 423.1et seq. and (2) prmides the Zoning Administrator ·with written evidence, supported in v.rriting by the San Francisco Redevelopment Age19cy, that demonstrates the annual tax increment Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 130 rFhich could be generated by the proposedproject would support a minimum future b01~ding capacity equal to $10,000,000 or greater. office projects under 50,000 square feet, other non-residential projects, and residential projects in the Central SoMa Special Use District may reduce their required contribution to the Eastern Neighborhoods Community Improvements Fund as follows: [or every gross square foot o[PDR space required by Planning Code Section 202.8, the project may waive payment [or .four gross square feet o[the Eastern Neighborhoods Infrastructure Impact Fee. * * * * SEC. 423.5. THE EASTERN NEIGHBORHOODS COMMUNITY IMPROVEMENTS FUND. * * * * (b) Use of Funds. The Fund shall be administered by the Board of Supervisors. (1) All monies deposited in the Fund or credited against Fund obligations shall be used to design, engineer, acquire, improve, and develop public open space and recreational facilities; transit, streetscape and public realm improvements; and child care facilities. Funds may be used for childcare facilities that are not publicly owned or publicly- accessible. (A) Funds collected from all zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones shall be allocated to accounts by improvement type according to Table 423.5. (B) Funds collected in Designated Affordable Housing Zones (A1ission NCTandA1UR, as defined in Section 401), shall be allocated to accounts by improvement type as described in Table 423.5A. * * * * (c) Funds shall be allocated to accounts by improvement type as described below: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 131 (1) Funds collected from all zoning districts in the Eastern Neighborhoods Program Area, excluding Designated Affordable Housing Zones shall be allocated to accounts by improvement type according to Table 423.5. Funds collected from MUR Zoning Districts outside of the boundaries of either the East SoMa or Western SoMa Area Plans shall be allocated to accounts by improvement type according to Table 423.5. (2) Funds collected in Designated Affordable Housing Zones,_ (},fissioN NCT m~d },fUR Use Districts ·within the boundaries ofeither the East SoA!a or W~stern So1'fa Area Plans (as defined in Section 401), shall be allocated to accounts by improvement type as described in Table 423.5A. For funds allocated to affordable housing, MOH shall expend the funds as follows: (A) All funds collected from projects in the Mission NCT shall be expended on housing programs and projects within the Mission Area Plan boundaries. (B) Allfimds collectedfrom projects in the },fUR Use Districts withiN the boundaries ofeitlwr the East So},{a or w~stern So},{a Area Plans shall be expended on housing programs andprojects within the boundaries o.f5th to 1Oth Streets/HmFard to Harrison Streets. * * * * SEC. 425. ALTER1VATIVE AfEAIVS OF SATISFYING THE OPEN SPACE REQUIREA/E1VTIN THE SOUTH OFA!ARKETA/IXED USE DISTRICTS. (The efficti-pe date ofthese prm•isions shall be either April 6, 1990, the date that it originally became cfficti"Pe, or the date a subsequent modificatim~, ifany, became cffictive.) !fit is thejudgme1~t ofthe Zoning Administrator that an open space satisfidng the requirements and standards o.fsubsections (b) and (c) ofSectioN 135. 3 of this Code cannot be created because of constraints o_lthe de'velopment site, or because the project cannot provide safe, convenient access to the public, or because the square footage of open space is not sufficient to provide a usable opeN space, the ZoniNg Administrator may (i) authorize, as an eligible type ofopen space, apedestrian >'nail or Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 132 walkway H'ithin a public right of' way which is imprmed rvith paving, landscaping, and street furniture appropriate for creating an attractive area for sitting and walking, or (ii) waive tlze requirement that open space be provided upon payment to tlze Open Space Fund (}fa fee of$. 80 for each square foot of' open space otlzerwise required to be provided. These amounts shall be adjusted annually effictf'.;e April 1st of each caleJ'ldar year by the percentage (}}change in the Building Cost Index used by the San Francisco Bureau ofBuildmg !J'lspection. This payment shall be paid in fit!! to the City prior to the issuance ofany temporary or otlzer certificate (}}occupancy for the subject property. Said fee shall be used for the purpose o.facquiring, designing, improving aJ'ld/or maintaining park land, park facilities, and other open space resources, '~·hich is expected to be used solely or in substantial part by persons 1 0 -.,~·ho li',Je, work, shop or otherwise do business in the South ofA1arket Base District, as that District is defined in Section 820 o.fthis Code and identified on Sectional },1ap 3SU oftlze ZoniJ'lg f.1ap o,fthe City and County of'San Francisco. Said fee, and any interest accrued by such fee, shall be used for the purpose stated herein unless it is demonstrated that it is no longer 1weded. SEC. 426. ALTERNATIVE MEANS OF SATISFYING THE NON-RESIDENTIAL OPEN SPACE REQUIREMENT IN THE EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (The effective date of these provisions shall be either December 19, 2008, the date that they originally became effective, or the date a subsequent modification, if any, became effective.) In the Eastern Neighborhoods Mixed Use Districts, except for any parcels within the CMUOCentral SoMa Special Use District, the usable open space requirement o[Section 135.3 may be satisfied through payment of a fee of $76 for each square foot of usable open space not provided pur.suant to that Variance. In the CMUOCentral SoMa Special Use District, the usable open space requirement o[Section 135.3 may be satisfied through payment o[a (ee o[$890 (or each square foot o[required usable open space not provided, and the POPOS requirement of Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 133 Section 138 may be satisfied through a payment of a fee of $890 for each square foot of required open space not provided that meets the conditions of Sections 138 et seq. and 329(e). Any square footage for which the Planning Commission grants an exception to design standards pursuant to Section 329(e) shall be considered as meeting the requirements of Sections 135, 135.3 and 138 for purposes of this Section 426. +hisThese fee§: shall be adjusted in accordance with Section 423.3 of this Article. +hisThese fee§: shall be paid into the Recreation and Open Space subset o[the Eastern Neighborhoods Community lmprovementsPublic Benefits Fund, as described in Section 423 of this Article. Said foe shall be used for the purpose of acquiring, designing, and improvingpark land, parkfocilities, and other open space resources, rFhich is expected to be used solely or in substantial part by persons who live, Hlork, shop or otherwise do business in the Eastern Neighborhoods },fixed Use districts. SEC. 427. PAYMENT IN CASES OF VARIANCE OR EXCEPTION FOR REQUIRED RESIDENTIAL OPEN SPACE. (a) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed Use Districts, except for the CMUOCentral SoMa Special Use District, should a Variance from usable open space requirements for residential uses be granted by the Zoning Administrator, any project that obtains a Variance pursuant to Section 305, or an exception be grantedfor those projects subject pursuant to -the-Section 329 process, to provide less usable open space than otherwise required by Section 135 shall pay a fee of $327 shall be required for each square foot of usable open space not provided pursuant to that Variance. In the CMUOCentral SoMa Special Use District, anyproject that obtains a Variance pursuant to Section 305, an exception pursuant to Section 329, or chooses the in-lieu option pursuant to Section 135(d){5){B)(ii) shall pay a [ee o[$890 for each square foot o[required useable open space not provided. +hisThese fee§: shall be adjusted in accordance with Section 423.3 of this Article. +hisThese fee§: shall be paid into the Recreation and Open Space subset o[the Eastern Neighborhoods Community lmprovementsPublic Benefits Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 134 Fund, as described in Section 423 of this Article. Said fee shall be used for the purpose o.f' acquiring, designing, and improvingpark land, park facilities, and other open space resources, ?Fhich is expected to be used solely or in substantial part by persons -.,~·ho live, work, shop or otherwise do business in the Eastern Neighborhoods A/ixed Use Districts. * * * * SEC. 429. ARTWORKS, OPTIONS TO MEET PUBLIC ART FEE REQUIREMENT, RECOGNITION OF ARCHITECT AND ARTISTS, AND REQUIREMENTS. (The effective date of these requirements shall be either September 17, 1985, the date that they originally became effective, or the date a subsequent modification, if any, became effective.) * * * * SEC. 429.2. APPLICATION. This section shall apply to: (a) all projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District; and (b) all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete Development Application on or after January 1, 2013 on the following parcels: (1) all parcels in RH-DTR, TB-DTR, SB-DTR, SLI, SLR, SSO, C Af, UMU, WMUG, WMUO and SALI Districts; (2) properties that are zoned MUG, CMUO, or MUO, or A/URor MUR and that are north of Division/Duboce/13th Streets; and (3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall). Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 135 For the purposes of this Section, a "Development Application" shall mean any application for a building permit, site permit, environmental review, Preliminary Project Assessment (PPA), Conditional Use, or Variance. * * * * SEC. 432. CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE AND FUND. Sections 432.1 through 432.4 set forth the requirements and procedures [or the Central SoMa Community Services Facilities Fee and Fund. SEC. 432.1. PURPOSE AND FINDINGS. (a) Purpose. New development in Central SoMa will increase the resident and employee populations, generating new demand [or use of community service facilities, such as cultural facilities, health clinics, services [or people with disabilities, and job training centers. New revenues to timd investments in community services are necessary to maintain the existing level ofservice. This fee will generate revenue that will be used to ensure an expansion in community service facilities in Central SoMa as new development occurs. (b) Findings. In adopting the Central SoMa Plan (Ordinance No.2 9 6 -18 , on file with the Clerk of the Board ofSupervisors in File No. 180184), the Board ofSupervisors reviewed the Central SoMa Community Facilities Nexus Study, prepared by Economic & Planning Systems and dated March 2016. The Board ofSupervisors rea(firms the findings and conclusions ofthis study as they relate to the impact of new development in Central SoMa on community services facilities, and hereby readopts the findings contained in the Central SoMa Community Facilities Nexus Study. SEC. 432.2. APPLICATION OF FEES. (a) Applicable Projects. The Central SoMa Community Services Facilities Fee is applicable to any development project in the Central SoMa Special Use District that: (I) Is in any Central SoMa Fee Tier, pursuant to Section 423,· and (2) Includes new construction or an addition of space in excess of800 gross square feet. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 136 {k) Fee Calculation. For applicable projects, the Fee is as follows: (I) For Residential uses, $1.30 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from PDR uses, or net change o[use o[gross square feet from PDR uses. (2) For Non-residential uses, (A) $1.75 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from P DR uses, or net change of use o[gross square feet from P DR uses. (B) $0.45 per gross square foot o[net replacement o[gross square feet from Residential uses or net change o[use o[gross square feet from Residential uses. (c) Option (or In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver [or the Central SoMa Community Services Facilities Impact Fee from the Planning Commission, subject to the [allowing rules and requirements: (1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Central SoMa Community Improvements Program and substitute [or improvements that could be provided by the Central SoMa Community Services Facilities Public Benefits Fund (as described in Section 432.4). The City may reject in-kind improvements i[they are not consistent with the priorities identified in the Central SoMa Plan, by the Interagency Plan Implementation Committee (see Section 36 o{the Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or provision o[space otherwise required by the Planning Code or any other City Code shall be eligible [or consideration as part ofthis In-Kind Improvements Agreement. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 137 (2) Valuation, Content, Approval Process, and Administrative Costs. The valuation, content, approval process, and administrative costs shall be undertaken pursuant to the requirements of Sections 423.3(d){2) through 423.3(d){5). (d) Timing o{Fee Payments. The Fee is due and payable to the Development Fee Collection Unit at DB! at the time of and in no event later than issuance ofthe first construction document, with an option {Or the project sponsor to defer payment to prior to issuance o[the first certificate of occupancy upon agreeing to pay a deferral surcharge that would be paid into the appropriate fund in accordance with Section 107 A.13. 3 oft he San Francisco Building Code. (e) Waiver or Reduction o{Fees. Development projects may be eligible {Or a waiver or 1 0 reduction o(impact fees, pursuant to Section 406. SEC. 432.3. IMPOSITION OF CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE. (a) Determination o{Requirements. The Department shall determine the applicability of Section 432 et seq. to any development project requiring a first construction document and, ifSection 432 et seq. is applicable, the Department shall determine the amount o[the Central SoMa Community Services Facilities Fees required and shall impose these requirements as a condition ofapproval {Or issuance o[the first construction document {Or the development project. The project sponsor shall supply any infOrmation necessary to assist the Department in this determination. (b) Department Notice to Development Fee Collection Unit at DBL Prior to the issuance ofa building or site permit {Or a development project subject to the requirements ofSection 432 et seq., the Department shall notifY the Development Fee Collection Unit at DB! ofits final determination o[the amount ofthe Central SoMa Community Services Facilities Fees required, including any reductions calculated {Or an In-Kind Improvements Agreement, in addition to the other infOrmation required by Section 402(b) ofthis Article. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 138 (c) Development Fee Collection Unit Notice to Department Prior to Issuance o(the First Certificate of Occupancy. The Development Fee Collection Unit at DB! shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy fOr any development project subject to Section 432 et seq. that has elected to fulfill all or part ofits Central SoMa Community Services Facilities Fee requirement with an In-Kind Improvements Agreement. ![the Department notifies the Unit at such time that the sponsor has not satisfied any o(the terms ofthe In- Kind Improvements Agreement, the Director ofDBI shall deny any and all certificates of occupancy until the project complies with the requirements ofSection 432 et seq., either through confOrmance with the In-Kind Improvements Agreement or payment ofthe remainder o[the Central SoMa Community Services Facilities Fee that would otherwise have been required, plus a deferral surcharge as set fOrth in Section 107A.l3.3.1 o(the San Francisco Building Code. (d) Process (or Revisions ofDetermination ofRequirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 432 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission. Board ofAppeals, the Board ofSupervisors, or by court action, the procedures ofSection 402(c) o[this Article shall be fOllowed. SEC. 432.4. THE CENTRAL SOMA COMMUNITY SERVICES FACILITIES FUND. (a) There is hereby established a separate fund set aside fOr a special purpose entitled the Central SoMa Community Services Facilities Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DB! pursuant to Section 432.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to fund public infrastructure subject to the conditions ofthis Section. (b) Expenditures from the Fund shall be administered by the Mayor's Office ofHousing and Community Development, or its successor. The Mayor's Office ofHousing and Community Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 139 Development or its successor shall have the authority to prescribe rules and regulations governing the (1) All monies deposited in the Fund shall be used to design, engineer, and develop community services facilities, including cultural/arts facilities, social welfare facilities, and community health facilities, in the Central SoMa Special Use District as established in the Central SoMa Plan and the Central SoMa Plan Implementation Program Document and supported by the findings o(the Central SoMa Community Facilities Nexus Study. (2) Funds may be used for administration and accounting offund assets, for additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Community Services Facilities Impact Fee against legal challenge, including the legal costs and attorney's fees incurred in the defense. Administration ofthis fimd includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance ofthe fimd. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need (or public facilities and services ifthis is deemed necessary. Monies used (orl the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. \ I All interest earned on this account shall be credited to the Central SoMa Community Services Facilities I Fund. (3) The Mayor's Office of Housing and Community Development shall report annually to the Board ofSupervisors on the current status o(the fimd, the amounts approved (or disbursement, and the number and types o(housing units or households assisted. (4) All funds are justified and supported by the Central SoMa Community Facilities Nexus Study, adopted as part oft he Central SoMa Plan (Ordinance No. 2 9 6 -18 , on file with the Clerk o(the Board o(Supervisors in File No. 180184). Implementation o(the Fee and Fund are Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 140 monitored according to the Eastern Neighborhoods Plan Monitoring Program required bv the Administrative Code Section 1 OE. SEC. 433. CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND. Sections 433.1 through 433.4 set forth the requirements and procedures [or the Central SoMa Infrastructure Impact Fee and Fund. SEC. 433.1. PURPOSE AND FINDINGS. (a) Purpose. New development in the Central SoMa Plan Area will increase the resident and employee populations, generating new demand [or use of community-serving infrastructure such as transit, complete streets, and recreation and open space. New revenues to fund investments in this 1 0 infrastructure are necessary to maintain the existing level o[service. This fee will generate revenue that will be used to ensure an expansion in community-serving infrastructure in Central SoMa as new development occurs. (b) Findings. The Board o[Supervisors reviewed the San Francisco Citywide Nexus Analvsis prepared byAECOM dated March 2014 ("Nexus Analysis"), the San Francisco Infrastructure Level of Service Analysis prepared by AECOM dated March 2014, and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk o[the Board in Files Nos. 150149 and 150790, and, pursuant to Section 401A, adopts the findings and conclusions o[those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Pedestrian and Streetscape Findings, Bicycle Infrastructure Findings, and Transit Findings, and incorporates those by reference herein to support the imposition ofthe fees under this Section. SEC. 433.2. APPLICATION OF FEES. (a) Applicable Projects. The Central SoMa Infrastructure Impact Fee is applicable to any development project in the Central SoMa Special Use District that: (1) Is in any Central SoMa Tier, pursuant to Section 423; and Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 141 (2) Includes new construction or an addition o[space in excess o[800 gross square feet. (b) Fee Calculation. For applicable projects, the Fee is as follows: (1) For Residential uses in Central SoMa Fee Tier B: (A) For Condominium uses. $20.00 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from P DR uses, or net change of use o[gross square feet from PDR uses. (B) For Rental uses. $10.00 per gross square foot of net additional gross square feet. net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses. (2) For Non-residential uses in Central SoMa Fee Tiers A and B that are seeking an Office Allocation o[50, 000 gross square feet or more pursuant to the requirements o[Planning Code Section 3 2 I, $21. 50 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from P DR uses, or net change of use o[gross square feet from P DR uses. (3) For Non-residential uses in Central SoMa Fee Tiers A and B that are not seeking an Office Allocation o[50, 000 gross square feet or more pursuant to the requirements o[Planning Code Section 321: (A) $41.50 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from P DR uses, or net change o[use o[gross square feet from P DR uses,· {B) $21.50 per gross square foot o[net replacement o[gross square feet from Residential uses or net change o[use o[gross square feet from Residential uses. (4) For Non-residential uses in Central SoMa Fee Tier C that are not seeking an Office Allocation o[50,000 gross square feet or more pursuant to the requirements o[Planning Code Section 321, $20.00 per gross square foot o[net additional gross square feet, net replacement o[gross square feet from PDR uses, or net change o[use o[gross square feet from PDR uses. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 142 (c) Option (or In-Kind Provision of Community Improvements and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case. the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Central SoMa Infrastructure Impact Fee from the Planning Commission. subtect to the following rules and requirements: (I) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed in-kind improvements meet an identified community need as analyzed in the Central SoMa Community Improvements Program and substitute for improvements that could be provided by the Central SoMa Infrastructure Public Benefits Fund (as described in Section 433.4). The City may reject 1 0 in-kind improvements i[they are not consistent with the priorities identified in the Central SoMa Plan. by the Interagency Plan Implementation Committee (see Section 36 o[the Administrative Code). the Eastern Neighborhoods Citizens Advisory Committee. or other prioritization processes related to Eastern Neighborhoods Citizens community improvements programming. No physical improvement or provision ofspace otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part ofthis In-Kind Improvements Agreement. (2) Valuation, Content, Approval Process, and Administrative Costs. The valuation. content. approval process. and administrative costs shall be undertaken pursuant to the requirements of Sections 423.3(d)(2) through 423.3(d)(5). (d) Timing o{Fee Payments. The Fee is due and payable to the Development Fee Collection Unit at DB! at the time ofand in no event later than issuance o[the first construction document. with an option [or the project sponsor to defer payment to prior to issuance o[the first certificate of occupancy upon agreeing to pay a deferral surcharge that would be paid into the appropriate fund in accordance with Section 107A.13.3 o[the San Francisco Building Code. (e) Waiver or Reduction o(Fees. Development projects may be eligible [or a waiver or reduction o[impact fees. pursuant to Section 406. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 143 SEC. 433.3. IMPOSITION OF CENTRAL SOMA INFRASTRUCTURE IMPACT FEE. (a) Determination ofRequirements. The Department shall determine the applicability of Section 433.2 et seq. to any development project requiring a first construction document and, ifSection 433.2 et seq. is applicable, the Department shall determine the amount o[the Central SoMa Infrastructure Impact Fees required and shall impose these requirements as a condition ofapproval for issuance o[the first construction document [or the development project. The project sponsor shall supply any information necessary to assist the Department in this determination. {b) Department Notice to Development Fee Collection Unit at DB/. Prior to the issuance o{a building or site permit (or a development project subject to the requirements o{Sections 433 et seq., the 1 0 Department shall notifY the Development Fee Collection Unit at DB! o[its final determination o[the amount o[the Central SoMa Infrastructure Impact Fees required, including any reductions calculated .for an In-Kind Improvements Agreement, in addition to the other information required by Section 402{b) ofthis Article. (c) Development Fee Collection Unit Notice to Department Prior to Issuance o(the First Certificate of Occupancy. The Development Fee Collection Unit at DB! shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy (or any development project subject to Section 433 et seq. that has elected to fulfill all or part o[its Central SoMa Infrastructure Impact Fee requirement with an In-Kind Improvements Agreement. ![the Department notifies the Unit at such time that the sponsor has not satisfied any o[the terms o[the In- Kind Improvements Agreement, the Director o{DBI shall deny any and all certificates of occupancy until the project complies with the requirements o{Section 433 et seq., either through conformance with the In-Kind Improvements Agreement or payment o[the remainder o[the Central SoMa Infrastructure Impact Fees that would otherwise have been required, plus a de(erral surcharge as set forth in Section 107 A.13. 3.1 oft he San Francisco Building Code. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 144 (d) Process (or Revisions o(Determination o(Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 433 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board ofSupervisors, or by court action, the procedures ofSection 402(c) o{this Article shall be followed. SEC. 433.4. THE CENTRAL SOMA INFRASTRUCTURE IMPACT FUND. (a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Infrastructure Impact Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DB! pursuant to Section 433.3(/?) shall be deposited in a special fund maintained by 1 0 the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions o{this Section. {k) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board ofSupervisors. (1) All monies deposited in the Fund shall be used to design, engineer, and develop community public transit as established in the Central SoMa Plan and the Central SoMa Plan Implementation Program Document. (2) Funds may be used for administration and accounting offund assets, fOr additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Infrastructure Impact Fee against legal challenge, including the legal costs and attorney's fees incurred in the defense. Administration o{this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside .from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose ofrevising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services ifthis is deemed necessary. Monies used for the purposes Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 145 consistent with this subsection (2) shall not exceed five percent o[the total fees collected. All interest earned on this account shall be credited to the Central SoMa Infrastructure Impact Fund. (3) All funds are justified and supported by the San Francisco Citywide Nexus Analysis prepared by AECOM dated March 2014 ("Nexus Analysis"), and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk o[the Board in Files Nos. 150149 and 150790. Implementation ofthe Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by Section I OE o[the Administrative Code. SEC. 434. CENTRAL SOMA COMMUNITY FACILITIES DISTRICT PROGRAM. (a) Purpose. New construction that increases the density of the South of Market neighborhood will require the City to invest in substantial new infrastructure and services. By increasing height limits. removing restrictive zoning. relieving density and floor area ratio limitations. and making other regulatory changes, the Central SoMa Plan substantially increases the development potential of properties in the area. This new development potential will create a significant demand for infrastructure, improvements, and services as described in the Central SoMa Implementation Program Document, including but not limited to transit investments, street and environmental improvements, and development and maintenance of parks and recreation centers. The Central SoMa Community Facilities District ("CFD" or "Special Tax District") shall be a special tax district formed pursuant to Administrative Code Chapter 43, Article X to address these needs created by projects that choose to exceed the Prevailing Height and Density Limits. (b) Applicability. This Section 434 shall apply to a development on any lot in the Central SoMa Special Use District where all of the following apply: (1) The project includes new construction or the net addition of more than 4G25,000 gross square feet as determined by the Planning Director or their designee Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 146 pursuant to the Rate and Method of Apportionment for the Central SoMa Community Facilities District; (2) The proposed project exceeds the applicable Prevailing Building Height and Density controls established in Section 249.78(d)(1 )(B)a floor area ratio that •.vas applicable to the subject lot for non residential uses prior to the effective date of this Ordinance; and, (3) The project includes (A) new non-residential development on any lot that is either wholly or partially in Central SoMa Fee Tier B or C, as defined in Section 423.2; or (B) new residential condominium development for which any units have been sold on any lot that is either wholly or partially in Central SoMa Fee Tier B-ef-C, as defined in Section 423.2. (c) Requirement. Except as specified herein, any applicable development project shall participate in the CFD to be established by the Board of Supervisors pursuant to Article X of Chapter 43 of the Administrative Code (the "Special Tax Financing Law") and successfully annex the lot or lots of the subject development into the CFD prior to the issuance of the first Certificate of Occupancy for the development. Any project lot or lots that contain areas that fall under more than one Central SoMa Fee Tier shall be wholly annexed into the CFD at the level of the highest applicable Fee Tier. Any project lot or lots that receive a condominium map pursuant to the Subdivision Code shall wholly annex the lot or lots of the subject development into the CFD prior to the sale of the first condominium on the site. For any lot to which the requirements of this Section 434 apply, the Zoning Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder of the City and County of San Francisco for the subject property prior to the first Certificate of Occupancy for the development except that for condominium projects, the Zoning Administrator shall approve and order the recordation of such Notice prior to the sale of the Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 147 first condominium unit. This Notice shall state the requirements and provisions of subsections 434(b)-(c) above. (d) Special Taxes. The Board of Supervisors will be authorized to levy a special tax on properties that annex into the Community Facilities District to finance facilities and services described in the proceedings for the Community Facilities District and the Central SoMa Implementation Program Document submitted by the Planning Department on November 5. 2018 in Board of Supervisors File No. 180184. (e) Special tax revenues associated with the CFD shouldshaU be expended as described in the Central SoMa Plan Implementation Program ffi-Document submitted by the Planning Department on November 5. 2018Commission's September 27, 2018 transmittal in Board of Supervisors File No. 180184, except that: (1) $1520 million shouldshaU be allocated to restoration of the Old United States Mint, San Francisco Landmark No. 236, and $160ea million shouldshaU be allocated to regional transit capacity enhancement and expansion:-; and (2) if the Old United States Mint is developed with community-serving spaces that may be leased through a competitive process at below-market rates to organizations associated with Cultural Districts established under Chapter 107 of the Administrative Code, $20 million should be allocated to restoration of the Old United States Mint, and $155 million should be allocated to regional transit capacity enhancement and expansion. SEC. 603. EXEMPTED SIGNS. Nothing in this Article 6 shall apply to any of the following signs: * * * * (c) Two General Advertising Signs each not exceeding 24 square feet in area on either a transit shelter or associated advertising kiosk furnished by contract with the Municipal Transportation Agency or predecessor agency for the Municipal Railway in RTO, RTO-M, RM- 2, RM-3, RM-4, RC, NC, C, M, PDR, Eastern Neighborhoods Mixed Use Districts, andSoutlz af Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 148 }Jarlwt :Afixed Use Districts, and in those P Districts where such Signs would not adversely affect the character, harmony, or visual integrity of the district as determined by the Planning Commission; eight General Advertising Signs each not exceeding 24 square feet in area on transit shelters located on publicly owned property on a high level Municipal Railway boarding platform in an RH-1 D District adjacent to a C-2 District, provided that such advertising signs solely face the C-2 District; up to three double-sided General Advertising Signs each not exceeding 24 square feet in area on or adjacent to transit shelters on publicly owned high level Municipal Railway boarding platforms along The Embarcadero south of the Ferry Building, up to six double-sided panels at 2nd and King Streets, and up to four double-sided panels at 4th and King Streets; up to two double-sided panels not exceeding 24 square feet in area on each low-level boarding platform at the following E-Line stops: Folsom Street and The Embarcadero, Brannan Street and The Embarcadero, 2nd and King Streets, and 4th and King Streets; and a total of 71 double-sided General Advertising Signs each not exceeding 24 square feet in area on or adjacent to transit shelters on 28 publicly owned high level Municipal Railway boarding platforms serving the Third Street Light Rail Line. Each advertising sign on a low-level or high-level boarding platform shall be designed and sited in such a manner as to minimize obstruction of public views from pedestrian walkways and/or public open space. Notwithstanding the above, no Sign shall be placed on any transit shelter or associated advertising kiosk located on any sidewalk which shares a common boundary with any property under the jurisdiction of the Recreation and Park Commission, with the exception of Justin Herman Plaza; on any sidewalk on Zoo Road; on Skyline Boulevard between Sloat Boulevard and John Muir Drive; on John Muir Drive between Skyline Boulevard and Lake Merced Boulevard; or on Lake Merced Boulevard on the side of Harding Park Municipal Golf Course, or on any sidewalk on Sunset Boulevard between Lincoln Way and Lake Merced Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 149 Boulevard; on any sidewalk on Legion of Honor Drive; or in the Civic Center Special Sign Districts as established in Section 608.3 of this Code. The provisions of this subsection (c) shall be subject to the authority of the Port Commission under Sections 4.114 and 83.581 of the City Charter and under State law. * * * * SEC. 608.1. NEAR R DISTRICTS. No general advertising sign, and no other sign exceeding 100 square feet in area, shall be located in an NC, C, M, PDR, or Eastern Neighborhoods Mixed Use District or South o.f },farketAfixed Use District within 100 feet of any R District in such a manner as to be primarily viewed from residentially zoned property or from any street or alley within an R District; any sign of which the face is located parallel to a street property line and lies for its entire width opposite an NC, C, M, PDR, or MUR, or South (}j}.farketSLR District shall be deemed prima facie not to be primarily so viewed. No sign of any size within 100 feet of any R District shall project beyond the street property line or building setback line of any street or alley leading off the main commercial frontage into the R District. * * * * SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Zoning Category * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS I§ References! I I District Controls Controls by Story Page 150 1st 2nd 3rd+ Non-Residential Standards and Uses Institutional Use Category Institutional Uses* * * * * * * * * * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, QRC QRC NP 202.2(e) * * * * * * * * * * * * * * * * * * * * SEC. 802.1. MIXED USE DISTRICTS. The following districts are established for the purpose of implementing the Residence Element, the Commerce and Industry Element, the Downtown Plan, the Chinatown Plan, the Rincon Hill Plan, the South of Market Plan, the East SoMa Plan, the Mission Plan, the Showplace Square/Potrero Hill Plan, and-the Central Waterfront Plan, the Western SoMa Area Plan, and the Central SoMa Plan, all of which are parts of the General Plan. Description and Purpose Statements outline the main functions of each Mixed Use District in this Article, supplementing the statements of purpose contained in Section 101 of this Code. Description and purpose statements applicable to each district are set forth in Sections 810 through 84J848 of this Code. The boundaries of the various Mixed Use Districts are shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of that Section. The following Districts are hereby established as Mixed Use Districts. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 151 Districts Section Number * * * * -RW -ResidenFiebi&rH'tJiee Pistf'ieF §-8-H Sf-R &r-'PieelbighF !-nthtstf'iebtResidenfiel Pistf'ieF §-&M Sf[ &r-P"ieel:bighF !-nthistf'iel Pistf'iet f-&1-+ SSG &r-·;dee,i&eeendtrry Qjfiee Pistf'iet f-&1-8 CMUO- Central SoMa Mixed-Use Oflice District §848 * * * * * * * * SEC. 802.4. EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. Throughout the Planning Code, the term "Eastern Neighborhoods Mixed Use Districts" refers to the following districts: Residential Enclave District (RED), Residential Enclave- Mixed District (RED-MX), Mixed Use-General (MUG), Western SoMa Mixed Use-General (WMUG), Mixed Use-Office (MUO), Central SoMa Mixed-Use Office (CMUO), Western SoMa Mixed Use- Office (WMUO), Mixed Use- Residential (MUR), South Park District (SPD), Service/Arts/Light Industrial (SALI), and Urban Mixed Use (UMU). SEC. 802.5. SOUTH OFAIARKETAIIXED USE DISTRICTS. Thr-eugheuF the Plffnning Cede, the Ferm "South of},1er-keF }.fixed Use Pistr-iets" r-efer-s Fe the follmFing distf'iets: -Residenfiell&r-viee Pistr-iet (RSD), Ser-viee/LighF Industr-iel (S:bl), &r-viee,1Light Industf'iellResidentiel (S:bR), end &rviee,tSeeendery Offiee (SSO). * * * * SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS A~VD SOUTH OFAIARKETA1!Xb'D USE DISTRICTS. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 152 (a) Use Categories. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Whether or not a use is permitted in a specific Eastern Neighborhood Mixed Use District and South of},{arket }.fixed Use District is generally set forth, summarized or cross-referenced in Sections 813 through &18814 and 840 through 847-848 of this Code for each district class. (b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts and South o.f A1arke0,1ixed Use Districts are either permitted, conditional, accessory, temporary or are not permitted. (1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary or not permitted use. (A) Principal Uses. Principal uses are permitted as of right in an Eastern Neighborhood Mixed Use District and South ofldarket A1ixed Use District, when so indicated in Sections 813 through &18814 and 840 through 847-848 of this Code for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 through 803.9 and other applicable provisions of this Code. (B) Conditional Uses. Conditional uses are permitted in an Eastern Neighborhood Mixed Use District m?dSouth &jA1arkeUdixed Use District, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in Sections 813 through &18814 and 840 through 847-848 of this Code. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 263.11, 303, 316, and 803.5 through 803.9 of this Code. * * * * (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in Rand NC Districts), 204.2 (Accessory Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 153 Uses for Uses Other Than Dwellings in R Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5(Parking and Loading as Accessory Uses) of this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or is appropriate, incidental and subordinate to any such use, and shall be permitted as an Accessory Use in an Eastern Neighborhoods Mixed Use District andSoutlz ofA/arket },fixed Use District. In order to accommodate a Principal Use which is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-office uses (as defined in Section 890.70) may occupy space which is non-contiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use. No use will be considered accessory to a Principal Use which involves or requires any of the following: (i) The use of more than one-third of the total Occupied Floor Area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151, 156 and 303 of this Code; (ii) A hotel, motel, inn, hostel, adult entertainment, massage establishment, large fast food restaurant, or movie theater use in a RED, RED-MX, SPD, RSD-; SLR, SLI, SSG, DTR, MUG, WMUG, MUR, MUO, CMUO, WMUO, SALI or UMU District; (iii) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 154 and excluding storage and waiting areas) in a restaurant, bar, catering establishment, bakery, retail grocery or specialty food store. (iv) Any sign not conforming to the limitations of Section 607.2(f)(3). (v) Medical Cannabis Dispensaries as defined in 890.133. (vi) Any nighttime entertainment use, as defined in Section 1 02; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060et seq. is allowed in any District except for an RED, RED-MX, RSD, SLR, MUR, or MUG District. (vii) Cannabis Retail that does not meet the limitations set forth in 204.3(a)(3). (D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts and South of}.1arket A1ixed Use Districts to the extent authorized by Sections 205 through 205.3 of this Code. * * * * SEC. 803.4. USES PROHIBITED IN SOUTH OF MARKET AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (a) Uses 'l>vhich are not specifically listed in this Article or Article 6 are not permitted in South ofA1arket }.fixed Use Districts unless they qualify as a nonconforming use pursuant to Sections 180 through 186.1 of this Code or are determined by the Zoning Administrator to be permitted uses in accordance wit'1 Section 307(a) o.fthis Code. Uses not permitted in mqy South ofA1arket District include, but are not limited to, the follmving: Adult entertainment, bookstore or t'1eater,· amusement game arcade or similar enterprise (except as permitted in the Senice/Light h1dustrial District),· shooting gallery; general advertising signs, except in t'1e South o.f}.1arket General Advertising Special Sign District,· animal kennel, riding academy or livery stable; automobile, truck, van, recreational Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 155 vehicle/trailer or camper sales, lease or rental; auto toH' o.finoperable whicles,· auto rvrecJdJqg operation; drive up fcwility; hotel (except as permitted as a conditional use as provided in Planning Code Section 818, Service/Secondary Office District), motel, hostel, inn, or bed and breakfast establishment,· heavy industry subject to Section 226(e) through ()~) (jfthis Code; junkyard,· landiJqg field for aircraft; massage establishmeJqt su&ject to Section 218.1 o.fthis Code,· except in the Residential/Service A!ixed Use District when provided iJq conjunction with full service spa services; mortuary; movie theater and sports stadium or arena. flij--No use, even though listed as a permitted use or otherwise allowed, shall be permitted in a!1 Soutlz (jj},farket District or Eastern Neighborhood Mixed Use District whiehthat, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. * * * * SEC. 803.5. GOOD NEIGHBOR POLICIES GOVERNING USES IN MIXED USE DISTRICTS. (a) Eating and Drinking Uses in Mixed Use Districts. Within Mixed Use Districts, the Operating Conditions of Section 202.2(a) shall apply to all Eating and Drinking Uses. (b) Good Neighbor Policies for Nighttime Entertainment Activities in Eastern Neighborhoods Mixed Use Districts, South o.fAlnrket Afixed Use Districts and Downtown Residential Districts. Within Eastern Neighborhoods Mixed Use Districts, South (jfA1arket },fixed Use Districts, and Downtown Residential Districts where nighttime entertainment activities, as defined by Section 102.17 of this Code, are permitted as a principal or conditional use shall not be allowed except on conditions which, in the judgment of the Zoning Administrator or City Planning Commission, as applicable, are reasonably calculated to insure Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 156 that the quiet, safety and cleanliness of the premises and vicinity are maintained. Such conditions shall include, but not be limited to, the following: * * * * (c) Good Neighbor Policies for Programs Serving Indigent Transient and Homeless Populations Within the Eastern Neighborhoods Mixed Use Districts and South o.fAfar-ketAfixed Use Districts. Within the Eastern Neighborhoods Mixed Use Districts m~dSouth o.f},farket },fixed Use Districts where social services are allowed as a Conditional Use pursuant to Sections 813.21 through 843.21 (Social Services), some or all of the following conditions shall, when appropriate for specific cases, be placed upon any applicable City permits for the proposed establishment: * * * * SEC. 803.8. HOUSI1VGINAIIXED USEDISTRICTS. (a) Low Income Affordable Housing Within the Service/Light Industrial District. Dwelling uHits a11d SRO u11its may' be authorized in the SLI District as a conditional use pursuaHt to Sections 303, 316, 817.14, and 817.16 oftlzis Code provided t,/qat such drFellings units shall be rented, leased or sold at rates or prices affordable to a household rFhose income is no greater than 80percent &jt/qe median income for households in Sa1~ Francisco ("lower income household''), as determined by· Title 25 &jt,/qe California Code &}Regulations Sectim~ 6932 and implemeHted by the A4ayor's Office ofHousing. (I) "Affordable to a household" shall mean apurchaseprice that a lower income household can afford to pay based on an annual payment for all housi1~ costs of33 percent &jthe combined household aHnual net income, a 10 percent down payment, and available financing, or a rent that a household cmq afford to pay, based on an annual payment for all housiHg costs of30percent o.f the combined annual net income. (2) The size ofthe dv,•elliHg bmit shall determine the size ofthe household in order to calculate purchase price or rent affordable to a household, as follmvs: Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 157 (A) ~T£or a one bedroom unit, a household o.fnvo persons,· (B) For a Mo bedroom &mit, a household ofthree persons,· (C) For a three bedroom unit, a household offourpersons; (D) ~T£or a four bedroom unit, a household of jive persons. (3) No conditional use permit rFill be apprmedpursuant to this Subsection 803. 8(b) unless the applicmqt and City have agreed upon enforcement mechanisms for the provisimqs of this Subsection which are acceptable to the City Attorney. Such enforcement mechanisms may include, but not be limited to, a right ofjirst nfitsal in favor o.fthe City, or a promissory note and deed oftrust. f4) The owner(s) ofdwelling units authorizedpursuant to this Subsection shall submit 1 0 an annual enforcement report to the City, along v.>'ith a fee whose amount shall be determined periodically by the Planning Commission topayfor the cost ofenforcement ofthis Subsection. The fee shall not exceed the amount ofsuch costs. The annual report shall prmide information regarding rents, mortgage payments, sales price and ot"zer housing costs, annual household income, size o.fhousehold in each d'rFelling wqit, and any other iriformation the City may require to fulfill the intent oftlzis Subsection. (b) Housing Requirement in the Residential/Service District. (I) Amount Required. l'lonresidential uses su&ject to Sections 815. 26, 815.28, 815. 3 0, 815.31 through 815. 47, and 815.59 through 815.65, o.fthis Code shall be permitted in new construction in the Residential/Service District only if the ratio bet'vFeen the amount ofoccupiedjloor area for residential use to t"ze amount ofoccupiedjloor area o.fthe above referenced nonresidential use is three to one or greater. (2) Afeans ofSatisfying the Housing Requirement. (A) The residential space requiredpursuant to t"zis Subsection may be satisfied by·paynwnt &ja one time in lieu fee equal to $30per square foot &}residential space required by· this Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 158 Subsection and notprmided on site payable to the City's Affordable Housing Fund administered by the 1\fayor 's Office o.fHousing; or (B) The residential space requirement may' be satisfied by prmiding the required residential space elser~·here within the South o.f},farket }.fixed Use District where housing is permitted or conditional and is apprmed as a conditional use. (c) Heusing Requirement in the A.fixed Use Residential (A.fUR) District. In ne·w construction in tlw AfUR District, three square Jlf!et ofgrossjloor area for residential use is required for every one gross square foot o.fpermitted nonresidential use, su&ject to Section 841 o.fthis Code. SEC. 803.9. COMAIERCL4L USES IN MIXED USE DISTRICTS. (a) Presen,.ation o.fHistoric Buildings Within the South (}}1\farket },fixed Use Districts. Within the South o.f},farket Afixed Use Districts, any use ·which is permitted as a principal or c01~ditional use v.·ithin the SSO District, excluding nighttime entertainmmt use, may be permitted as a conditional use in (a) a landmark building located outside a designated historic district, (b) a contributory building which is proposed for conversion to office use (}fan aggregate gross square footage (}/25, 000 or more per building and which is located outside the SSO District yet within a designated historic district, or (c) a building designated as significant or contributory pursuant to Article 11 o.fthis Code and located within the Extended Preservation District. For all such buildings the follo·wing conditions shall apply: (I) the provisions (}}Sections 316 through 318 (}}this Code must be met,· (2) in addition to the conditional use criteria set out in Sections 303(c)(6) and 316 through 316.8, it must be determined that allowing the use will enhance the Jlf!asibility· (}fpresening the landmark, significant or contributory building; and (3) the landmark, significant or contributory building will be made to conform with the San Francisco Building Code standards for seismic loads and forces which are in effict at the time (}f the application for conversion of use. A contributory building which is in a designated historic district outside the SSO District may' be converted to any use ',vhich is a principal use within tlw SSO District provided that: (I) such use Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 159 does not exceed an aggregate square footage of25, OOOper building,· and (2) prior to the issumwe of any necessarypermits the Zoning Administrator (a) determines that allorving the use i-!,.ill enhance the feasibility ofpresenling the contributory building,· and (b) the contributory building i-Vill be made to conform with the San Francisco Building Code standards for seismic loads and forces which are in effict at the time o.fthe application for conwrsion ofuse. Housing Requirement in the Mixed Use- Residential (MUR) District. In new construction in the MUR District, three square feet of Gross Floor Area for Residential Use is required for every one gross square foot o[permitted Non-Residential Use, subject to Section 841. (b) Preservation of Historic Buildings within Certain Eastern Neighborhoods 1 0 Mixed Use Districts. The following controls are intended to support the economic viability of buildings of historic importance within Eastern Neighborhoods. (1) This subsection applies only to buildings in SPD, MUG, MUO, CMUO, or MUR Districts that are designated landmark buildings or contributory buildings within a designated historic district pe:rpursuant to Article 10 of the Planning Code, or buildings listed on or determined eligible for the California Register of Historical Resources by the State Office of Historic Preservation. (A) All uses are principally permitted, provided that: (i) The project does not contain any nighttime entertainment use. (ii) Prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, determines that allowing the use will enhance the feasibility of preserving the building. (iii) Residential uses meet the affordability requirements of the Residentiallnclusionary Affordable Housing Program set forth in Section 415 through 415.9. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 160 (B) The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and any applicable provisions of the Planning Code. * * * * (d) Automated Bank Teller At/achines Within South o.f'At/arket Districts. All automated bank teller machines (ATAfs), whetherfreestandiJ?g structures or -walk up facilities associated with retail bankiNg operations, shall have adequate lighting, waste collection facilities andparking resources. (ej--Open Air Sales. Flea markets, farmers markets, crafts fairs and all other open air sales of new or used merchandise except vehicles, within South o.fAfarket },fixed Use and Eastern Neighborhoods Mixed Use Districts, where permitted, shall be subject to the following requirements: (1) the sale of goods and the presence of booths or other accessory appurtenances shall be limited to weekend and/or holiday daytime hours; (2) sufficient numbers of publicly-accessible toilets and trash receptacles shall be provided on-site and adequately maintained; and (3) the site and vicinity shall be maintained free of trash and debris. {f§i) Legal and Government Office Uses in the Vicinity of the Hall of Justice. Within an approximately 300-foot radius of the 800 Bryant Street entrance to the Hall of Justice, and Assessor's Block 3780, Lots 1 and 2, as shown on Sectional Map 8SU of the Zoning Map, the offices of attorneys, bail and services, government agencies, union halls, and other criminal justice activities and services directly related to the criminal justice functions of the Hall of Justice shall be permitted as a principal use. There shall be a Notice of Special Restriction placed on the property limiting office activities to uses permitted by this S~ubsection. (g) Work Space afDesign Pmfessionals. The work space o.fdesign professionals, as defined in Section 890.28 oftlzis Code, shall be permitted as a principal use witltin the SLR, RSD and SLI Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 161 Districts provided that, as a condition o.fissNance o.fmqy necessary permits, tlw mmer(s) ofthe bNilding shall agree to comply with the follmvingprovisions: (1) The occNpiedjloor area devoted to t'1:is Nse per bNildiJqg is limited to the t'1:ird story or above; (2) The gross floor area dev-oted to ffiis Nse per bNilding does not exceed 3, 000 sqNare feet per design professional establishment; (3) The space ·within the bNilding sNbject to this provision has not been in residential NSe within a legal dwelling Nnit at any time i>'rlithin a five year period prior to application for comersion Nnder this SNbsection; and 1 0 (4) The mmer(s) ofthe bNilding comply with the following enforcement and monitoring procedNres; (i) The mvner(s) of any bNilding rvith ·work space devoted to design professional NSe as aNthorizedpNrsNant to this &bsection shall :mbmit an annNal enforcement report to the Departme11t of City P Ianning with a fee in an amoNnt to be determinedperiodically by the City Planning Commission to pay for the cost of enforcement oft'1:is &bsection. The fee shall not exceed ffie amoNnt ofsNch costs. The report shall provide information regarding occNpants ofsNch space, the amoNnt o.fsqNare footage ofthe space Nsed by each design professional establishment, amoNnt of· vacm1t space, compliance with all relevant City codes, and any other information the Zoning Administrator may reqNire to fulfill the intent ofthis &bsection; 2 0 (ii) The mmer(s) of any bNilding containing work space of design professionals aNthorizedpNr~Nant to this Subsection shallpermit inspection oft'1:epremises by an aNthorized City official to determine compliance with t'1:e limitations oft'1:is &bsection. The City shall provide reasonable notice to mmers prior to inspecting t'1:e premises; (iii) The ovmer(s) ofa71)' bNilding containing work space of design pro.fessionals aNthorizedpNrsNant to this &bsection shall record a Notice ofSpecial Restriction, approved by the Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 162 City Pl-anning Department prior to recordation, on the property setting forth the limitatimqs required by this Subsection. The Department &/City Planning shall k~ep a record available for public revieH' o.fall space for design professionals authorized by this Subsection. (hjJ Vertical Controls for Office Uses. * * * * Table 803.9(h.l) * * * * (ig) Retail Controls in the MUG, MUO, CMUO, and UMU Districts. In the MUG, MUO, CMUO. and UMU District, up to 25,000 gross square feet of retail use (as defined in Section 890.104 of this Code) is permitted per lot. Above 25,000 gross square feet, three gross square feet of other uses permitted in that District are required for every one gross square foot of retail. In the UMU District, gyms, as defined in Sec. 218(d), are exempt from this requirement. In the CMUO District, Tourist Hotels, as defined in Sec. 890.46, are exempt from this requirement. SEC. 809. GUIDE TO UNDERSTANDING THE MIXED USE DISTRICT ZONING CONTROLS. Mixed Use District controls are set forth in the Zoning Control Tables in Sections 810 through 818, and in Sections 825, 827 through 843 or referenced in Section 899 of this Code. (a) The first column in the Zoning Control Table, titled "No." provides a category number for each zoning control category. (b) The second column in the table, titled "Zoning Control Category," lists zoning control categories for the district in question. (c) The third column, titled "§References," contains numbers of other sections in the Planning Code and other City Codes, in which additional relevant provisions are contained. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 163 (d) In the fourth column, the controls applicable to the various Mixed Use Districts are indicated either directly or by reference to other Code Sections which contain the controls. The following symbols are used in this table: P - Permitted as a principal use. C - Permitted as a conditional use, subject to the provisions set forth in this Code. A blank space on the tables in Sections 810 through 812 indicates that the use or feature is not permitted within the Chinatown Mixed Use Districts. Unless a use or feature is permitted or required in the Chinatown Mixed Use Districts as set forth in the Zoning Control Tables or in those sections referenced in Section 899 of this Code, such use or feature is prohibited, unless determined by the Zoning Administrator to be a permitted use. NP - Not Permitted. Section 803.4lists certain uses notpermitted in any South ofA!arket District. NP in the Article 8 control column ofTables 813 through 818 also indicates that the use orfoature is not permitted in the applicabk South of}..!arlwt District. # - See specific provisions listed by section and zoning category number at the ,end of the table. 1st - 1st story and below, where applicable. 2nd - 2nd story, where applicable. 3rd+ - 3rd story and above, where applicable. * * * * SEC. 813. RED - RESIDENTIAL ENCLAVE DISTRICT. Residential Enclave Districts (RED) encompass many of the clusters of low-scale, medium density, predominantly residential neighborhoods located along the narrow side streets of the South of Market area. Within these predominantly residential enclaves lie a number of vacant parcels, parking lots and other properties in open storage use. These Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 164 properties are undeveloped or underdeveloped and are viewed as opportunity sites for new, moderate-income, in-fill housing. * * * * Table 813 RED- RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE No. I Zoning Category I § References I Residential Enclave Controls * * * * USES * * * * Other Uses * * * * 813.66 I Open Air Sales I §§ 803.9(ed), 890.38 I NP * * * * * * * * SEC. 814. SPD- SOUTH PARK DISTRICT. * * * * Table 814 SPD- SOUTH PARK DISTRICT ZONING CONTROL TABLE Residential/Service No. Zoning Category § References Mixed Use District Controls Institutions * * * * * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS * * * * * * * * Page 165 §§ 102, 814.23 Medical Cannabis Dispensary 202.2Le1 P-C# 890.133 * * * * * * * * * * * * * * * * SEC. 815. RSD RESIDENTL4LlSERVICE AIIXED USE DISTRICT. The Residential/Service },fixed Use District (RSD) runs along Harrison St. betweeN 4th St. aNd 5th St. The RSD ser'ves as a housing opportunity area within the South &jAfarket }.fixed Use Districts. The district controls are intended to facilitate the development &jhiglz density, mid rise housing, including residential hotels and live/work units, 'i!rhile also encouraging the expansion &}retail, business service and commercial mqd cultural arts activities. Accessory Dtt!elling Units are permitted within the districtpursuant to subsection 207(c)(4) o.fthis Code. Residential hotels are subject to flexible standards for parking, rear yard/open space and density. Continuous groundjloor commercialfrontage wit"z pedestrian oriented retail activities along major tkzorouglifares is encouraged. General &jjice, hotels, nighttime entertainment, adult entertainment, massage establishment, mO'v'ie theaters and hea'vY industrial uses are not permitted, except that massages services are authorized as a conditional use in the Residential/Service }.fixed Use District when provided in conjunction with full service spa services. Tnhle 815 RSD RESl-D&V+J:,4LlSER VI-bE AfiXED USE DI-S-TRICT-ZONING G(}l¥!:fR(}L TABLE No. Zoning Cntegory Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § References Residentinl!Service Af.i::Jced Use Disil'iet Con#ols Page 166 o 1' n 1 u .. ,7" .... -'• v J. .J.v'6'" s;> 1' n,., -Bulk 'A -'• ~~ lo 1" n1 ID ·~. . • 7 11. 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The Service/Light Industrial/Residential (SLR) M:ixed Use District is designed to maintain and focilitate the grmFth and expansion ofsmall scale ligl1t industrial, home and business service, )~·holesale distribution, arts production andpe1jormance/exhibition activities, live/work use, general commercial and neighborhood serving retail mqdpersonal service acth:ities while protecting existiJqg housing and encouraging the development of housing and li-ve/work space at a scale and density compatible wit'1 ffie existing neighborhood. Housing and lh:e/work units are encouraged over grount[jloor commerciahlservice/light 1 0 industrial acth:ity. New residential or mixed use developme1qts are encouraged to provide as much mixed income rental housing as possible. Existing group housing and dwelling units would be protectedfrom demolition or comer~ion to nonresidential use by requiring conditimqal use review. Accessory Dwelling Units are permitted l'r'ithin ffie district pursuant to subsection 207(c)(4) offfiis ~ General office, hotels, nighttime entertainment, movie t'1eaters, adult entertainme1qt and heavy industrial uses are notperrnitted. THbk 816 SLR SERVICEILI~HTLVDUSTRL4L/RESIDE1VTL4L Af!XED USED DISTRICT No. Zoning blliegory 19 7 A" n 7 ILT, · .7" T. ·n ~~~v.v~ l"~v•o· ~· ~vu"b' Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS ZOlWNG {;Ol·V+ROL T:,4.JJLE §References Service/Light lndustrilll/ ResidentiHI Amed Use District (;ontrols A .7" C'. .1 LL ~7 ~u u ''YU ~ ~J IC1. '7. !;>/,.-,. ll;{EL..-, ltl~n '7. LL • 77, .r. • I'"' ~ "b "'~~JC >V ~v '"b ~./CJ b' ·..r '"b"UJ An f~ "" fnnt V >V V~ J •V Page 175 0 1"" ll,.., D .. 77. T ' ·n m•6 lo 1 h n7 ID 'A. • ,] T\ T' IU.L v. V-' ''"'"''"'"' ""' -'--""'""' '.Y -'-' " I H. D •,-], . ,] T\ ;;- oV -"''-''-"~'-'"""'' ~"''"J".Y lo1"" 114 H lfim# lrr . • 1...1 n ('1, _{', •u /k ~£' 'J 0 1"" ll" ln. on· TT. • r1 r', '6 v ·~·}J lrr. 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T .t IVL Vov v •v•v ~·v ~b' ~.r •v Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS .ron:- n/,\ ~ J ~ . \ ~/ !.('.(' Qn':} n/,c\ ID ,]..,· .r IJfl:> n/,\ fJJ" vv~./ \6/> ) UV<VJ'-''-'' •V J" VV~o/ \6/ lonn "liJ IV/Vo"-'V l.r ~nn 7n NF fJ V Vo .r.r Tn"l., rn"l 12 JJ ) ' "lnn n/f'l ~ /,\ rP- V/ \b/' ~ .('.('f{)")f:] '}:]:] r.r L V"-'• L ~) "-'~~ fP ~ b .(' Q{):] {)/,\ J" vv~ • ., \ ... / r;; ~ l.r .QQ{) 7 2 1 ~ I" v v.i~L Page 180 IT/-./, . • 1. 0. D, .1. ..J ··a '""' IQ 1-<" t;;Q ~~L Vov~ IT 0• !'-'' v ~ I~L.+. T7n 1A' • 7, ('.,," ',.,,., oLVoV " ·~-~ ~~ ·~ o 1 ,;- .;:o 'L ' 10. A TA7, ,/A 1'--'''-""V"J •~~"v •v ~ ~u" o 7-<" ,;-n A I. T7~1,' .1 D . oL Vo oL' •V L'~JC Q 1 .<" .<"1 A ,]., ;7. ']', (', ·~ v.v~ <H'HV oVUH~ ~ V ~~ -~~ l\T. A T/,7, · .1. 0,.7, '-'""'"'-' '-'''H"U U !Q 7 .<" .<"'J u v.v~ D .1 "' !p, ,]..7;,-, 'T'. lo 7-<" -<":1 •v •~ ~ WJeV IV-" v. 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IQOfl :1 Q IV/ Vo.JV Page 181 SPECIFIC PROVISHJNS .._l?()R SLR DISTRICTS Article Cede Other Cede Sectien Sectien Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Zening Centrels Page 182 SEC. 817. SLI SERVICEILI~HTLVDUSTRL4L DISTRICT. The Sen ice/Light Industrial (SLI) District is designed to protect aml.facilitate the expansion o.f existing ge1~eral commercial, manufacturing, home and business service, live/;.Fork use, arts uses, light industrial activities m~d small design professional office firms. Existi1~g group housing and dH·elling units are protectedfrom demolition or conversion to nonresidential use and development ofgroup housing and lo-w income affordable dwelli1~g units are permitted as a conditional use. General office, hotels, movie tlwaters, nighttime entertainment and adult entertainment uses are 1wtpermitted. Accessory DrFelling Units are permitted Hiithin the district pursuant to subsection 207(c)(4) ofthis Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 183 Table 817 S-hl SER JZI-bE//:;lG/FF-ll\rJ)lJSTRJAJ:, DI.STRI-bT- ZOPlL?},TG GO:NFROb 'b4UE No. Zoning Category !o77n7 lu. · .7, I.L .V1 ,J.1'-''6'" l&Hk lo77n'J IV1 .v._ lo 77 n-:> ID •.J • • 7 r. r· J~ n~u ·~<>U»J ~ o 77 nA lu. D •,.J. .• 7 r. T. '1 .v v -1U•<J'U-'-'"HW, -'-/'-'"'-'".)' -'-'""" TT, ,1-,7, n, 0, +~ 7>, .n· TT,, ;f, ,-] '-'"~vcv '--']/~ '--'j/~"~Jv L/ ~ ... ''6 '--' ,.., ~· o 77 nc ... r'-. u. '-' '-'"]/ ~~'-'""' ''6 TT •• 1-.1. n, 0. .c. T. ITA7. • /, T T, · 'Y "Y 'J 1J' '--' '"'" " 1o 77 n/: I.L • vv ;-,.. T. . 7. " .J D. ;7 .J" A .J,.J; • 'J ~ ,.., .. ~ ~ '6u ~ •• •v"u lo77n7 lrr • • 1-.1. n, 0, ./'.- n1-1" IV1 .v 1'--'<JWVH• '--']/'-' uywvv JV "''"" lo 77 nn In,,+,.}, Ho A Af,' ;f-. 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The Service-/Secondary Office District (SSG) is designed to accommodate small seale light industrial, home and busiJqess services, arts aeti';;ities, live-/work units, and small seale, professional Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 191 office space and large floor plate "back office" space for sales and clerical '!>Fork forces. Nighttime entertainment is permitted as a conditional use. D.Felling zmits and group housing are permitted as conditional uses. Demolition or conversion &}existing group housing or dwelling units requires conditional use authorization. Accessory Dwelling Units are permitted ~~;·ithin the district pursuant to subsection 207(c)(4) ofthis Code. Office, general commercial, most retail, service and light iJqdustrial uses are principal permitted uses. LarJtC hotel, movie theater, adult entertainment and heav:y industrial uses are not permitted. Small hotels of 75 rooms or less are permitted in this District only as a conditional use. Any such conditional use authorization requires a conditional usejinding that disallmr'Sprojectproposals that displace existing Production, Distribution and Repair (PDR) uses. Tahk 818 SSO SERVICE/SECONDARY OFFICE DISTRICTZO;VING C01VTROL TABLE Service,tSecondary Office District Zoning Category Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §References Controls Page 192 TT •• 1.1 /1 (", .f"r ~u •v '.t' ~.r 'J o 1 on~;: !n, nW T T, " A £2, 'L~o ·~ !'-" ''b ~ iU ~ ''.t' lr.rA We" ifr CLVvVU 'b In, .1.1. n, (", f"r 1'--'UUV •V V'j/V ~.r"'vv JV IT. ITA'/, , 7, T T,, " liT, .1, 1979 n£ f'-'' 'V< v '--' .U" LiV '.Y oL ~.vv 1'. .J D. ;JrT; ,_.....,, . .., v.v•v~ ~" .. ~"'6"' v A riA; · a..,.., ... ....,,..., TT •• 1.1. /1 (", +~ /1.•7, ~u '.t' ~./:' 'J e> 1 e> n7 'L ~.v tJses: e> 1 e> nn /1, A. A A ~L ~. V/ 1'-' VHLo>VV "LVH HJ H< VU ITTTnl7. D. :7; '7, r/; ... '<_t' L 'J'J 'b IQ 79 w A AD • 7. 7'-. 77. 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Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS £ s:.>nn 12 1 NF- iJ ·~ ,\90{) llJ s~ v.~~~ p. ££ s:.>nn 1 s:.> s:.>nn Jn JJ • ~, ~/V.~~ fF £ 90{) 7" fF J ~ v. ~ ~ 1£ s:.>nn rn ~ fY ~/V,~/ lA' 90{) £0 fJ ~ .v p. 1£ QQ{) Q{) IJ ~ v.~v J2 £ QQ{) "/1 a.\ J2 J ~/Vov \~/ .C' onn "A/n\ fF J ~ \ ~/ £ QQ{) t;A/,.\ fF J V/V.~ \'-'/ ~ fF ~ J2 l££f.J()lQ/_,\ QQ{)lQ p. fYJ VV~•-'\'-'/J V/Vov~ Page 197 !070 71) A , I. ,7. C'. l.r onn "> J2 ,v~ v. v (.UHV<H<.M <vv L'v. '"'"' iJ IA'A' "lnn '\/_,\ lo1o 77 In D iJS ~~ -~1~/, J2 1~.1' "lnn '\/I.\ ·~ ·~lv/ I D. ,/.7c'n TTnn n· n n . . z,7; .C' Qf)f) Qf) lo 1 o 7"> <V •v ~uv, v_,Vv.f' L >V •v J V/V,VV fF T,. •n ·+ D. n ;7;+- wHuyv '"' >v L wv ')' loro7..tA T • ..1. · .7 A '7. ~ IF ~b QJQ7..1D IM .. • 7~1-. -7~ ~A~ • .7+. ~ IF uu. ,.._. ''-''6'<VV >VV AL6( >v~> >~> v lr C'. .7. TT,.l. ~ lo707.11' !'-'"'' 6'-''--''-'"''v ~ vw k; uu. ~ A .7 <i6' '"'"'""''"' lo10 7C I~ I. .1.7' .7. lA' '}'}7/"\ 'fiP- 'L u, 'LV ')' ~u >U iJ ~~ I v/ lo 1 o 7.< It:' .1 A ..J, .. (l.' lA' ,<;1)7 '}/I.\ .P. /., \ fNF uv. v I~""" ..... ALW ''-' <U "6 '-"'6" iJ \V/ '-"- \'-'/ lo 1 o 77 lr. (l D .• 7. lA' 7nn .</ •• \ ~ "b IJ~~ ·~I"/ IU .• +.7 T. ,,_.; n+ ;.{" 7 '\ " A'". lA' onn A.< LLV<v ( LV~< <U 'J v VV HU V . ,.., lo 1 o 70 ~ ~ lr.r.r: , 7 T .. 7 §--1-fJ:J /". D ;.{" +7 • .{".. "'-''"-' -, ~ "J 'J 1070 (){) IV.LV. './ 10. D. ;7; ! D. ;7: "J ""J SPECIFIC PROVISIONS FOR SSO DISTRICTS Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS ;7. ~ J; TTT'T'C' ".!' v .L>J Page 198 * * * * SEC. 825. DTR- DOWNTOWN RESIDENTIAL DISTRICTS. (a) Description. Downtown Residential (DTR) Districts are transit-oriented, high- density mixed-use residential neighborhoods in and around downtown. These areas are generally transitioning from a variety of commercial and industrial to residential uses. The intent of this district is to enable a mix of new day and nighttime activities, with an emphasis on encouraging new housing within walking distance or a short transit-ride of downtown, supported by a mix of retail, and neighborhood services to meet the needs of residents and the larger downtown community. High-density residential uses, including residential towers in select locations, are allowed and encouraged within the limits set by height and bulk controls. Given the district's Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 199 proximity to downtown, a range of commercial uses is permitted on the lower stories, with active pedestrian-oriented retail, service, and entertainment uses on the ground floor. Along special streets, pedestrian-oriented uses are required on the first floor. Ground floor entries to individual dwelling units are encouraged on streets that will become primarily residential. There is generally no pattern of mid-block open space or of rear yards. While lot coverage is limited for all levels with residential uses, traditional rear yard open spaces are not required except in the limited instances where there is an existing pattern of them. Specific height and bulk controls establish appropriate heights for both towers and mid-rise development, and ensure adequate spacing between towers and preserve light and air to streets and open spaces. Setbacks are required where necessary to buffer ground floor residential uses or to ensure sunlight access to streets and open spaces. To support the intensification of land uses in these districts, detailed traffic, streetscape and open space improvements will take place over time. Downtown Residential Districts include all of the individual DTR districts governed this Code except the Transbay Downtown Residential District (TB-DTR), as set forth in Section 828, is governed by the Transbay Redevelopment Plan and its Development Controls and Design Guidelines. * * * * (c) Use. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Uses in Downtown Residential Districts are either permitted, conditional, accessory, temporary or are not permitted. If there are two or more uses in a structure, any use not classified in Section 825(c)(1)(C) below as accessory will be considered separately as an independent permitted, conditional, temporary or not permitted use. (1) Permitted Uses. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 200 (A) Principal Uses. All uses are permitted as principal uses as of right in a Downtown Residential district unless otherwise indicated as a Conditional Use or Not Permitted in this Section 825 of this Code or any other Section governing an individual DTR District. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 and other applicable provisions of this Code. (B) Conditional Uses. Conditional uses are permitted in a Downtown Residential District, when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in the Section of this Code governing the individual DTR District. Conditional uses are subject to the applicable provisions set forth in Sections 178, 179, 263.11, 303, 316, and 803.5 of this Code. * * * * SEC. 840. MUG- MIXED USE-GENERAL DISTRICT. The Mixed Use-General (MUG) District is largely comprised of the low-scale, production, distribution, and repair uses mixed with housing and small-scale retail. The MUG is designed to maintain and facilitate the growth and expansion of small-scale light industrial, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. Housing is encouraged over ground floor commercial and production, distribution, and repair uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units would be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 201 Hotels, nighttime entertainment, movie theaters, adult entertainment and heavy industrial uses are not permitted. Office is restricted to the upper floors of multiple story buildings. Table 840 MUG- MIXED USE- GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category Building and Siting Standards * * * * 840.01 Height Limit 840.02 Bulk Limit Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § References See Zoning Map, §§ 249.78, 260-261.1, 263.20 See Zoning Map §§ 270, 270.1, 270.2 Mixed Use - General District Controls As shown on Sectional Maps 1 and +I;! of the Zoning Map In the Central SoMa SUD, Prevailing Height and Density limits are determined by Section 249.78. Height sculpting required on narrow streets, § 261.1 Non-habitable vertical projections permitted, § 263.20 As shown on Sectional Maps 1 and +I;! of the Zoning Map Horizontal mass reduction required, § 270.1 Mid-block alleys required, §270.2 Page 202 840.03 Non-residential density §§ 102.9, 123, In the Central SoMa SUD, limit * * * * 840.04 Setbacks * * * * 840.09 Residential to non- residential ratio * * * * Usable Open Space 840.11 for Dwelling Units and Group Housing 840.12 Usable Open Space for Non-Residential 840.12A Privately-Owned Public 0Qen SQace (POPOS) Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS 124,127, 128.1. Prevailing Height and Daensity 249.78 limits are-is determined by Sections 128.1 and 249.78. Elsewhere. gGenerally contingent upon permitted height, per Section 124 §§ 132.4. 134, Generally required 136, 136.2, 144, 145.1 § 803.&(ef9(a) None § 135, 136, 427 80 sq. ft. per unit; 54 sq. ft. per unit if publicly accessible. In the Central SoMa SUD, buildings taller than 160 feet may also Qay the in-lieu fee.,. § 135.3, 426 Required; amount varies based on use; may also pay in-lieu fee §§ 138, 426 Required in the Central SoMa SUD with the construction of a new building or an addition of 50,000 gross square feet or more of Non-Residential Use. Page 203 * * * * 840.14A Street Frontage Requirements 840.15 Street Frontage, Ground Floor Commercial 840.16 Vehicular Access Restrictions 840.17 Drivewa~ Loading and Operations Plan 840.18 Large Project Authorization 840.19 Design Guidelines Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Retail, InstitutionaL and PDR uses are exempt. Ratio of square feet of open space to gross floor area is 1:50 feet except that one square foot of the follmving amenities shall count as 1.33 square feet: playgrounds, community gardens, sport courts or dog runs are prm1ided; ma~ also pa~ in-lieu fee §§ 145.1' 249.78 Required. 17' ground floor height required for PDR uses in the Central SoMa SUD; 14' ground floor height required for all other uses in the Central SoMa SUD § 145.4 Brannan Street, between 3rd Street and 4th Street. § 155(r) Brannan Street, between 2nd Street and 6th Street § 155(u) Required in the Central SoMa SUD for projects of 100,000 sq. ft. or more. § 329 Required pursuant to Section 329. General Plan Subject to the Urban Design Commerce and Guidelines; and, in the Central SoMa Page 204 840.20 Lot coverage Residential Uses 840.21G Dwelling Units 840.2~4 Group Housing Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Industry Element; Central SoMa Plan § 249.78 § 102-:-7 §§ 249.78(cJ(8), 890.88(b) SUD. subject to the Central SoMa Guide to Urban Design In the Central SoMa SUD, limited to 80 percent at all residential levels, except that on levels in which all residential units face onto a public right-of-way, 1 00% lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c) of this Code. Where there is a pattern of mid- block open space for adjacent buildings, the unbuilt area of the new project shall be designed to adjoin that mid-block open space. p NP, except Group Housing uses that are also defined as Student Housing, Senior Housing, or Residential Care Facility, are designated for persons with disabilities, are designated for Transition Age Youth, or are Page 205 840.2~2: SRO Units 840.2i~ Homeless Shelters Dwelling Unit 840.2~4 Density Limit 840.2§9 Dwelling Unit Mix Affordability 840.2Ze Requirements Residential 840.2§+ Demolition or Conversion * * * * Institutions * * * * Medical Cannabis 840.36 Dispensary * * * * Retail Sales and Services Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS contained in buildings that consist of 1 00% affordable units. NP, excegt in buildings that consist of §§ 249.78(cJ(7), 1 00% affordable units, as defined in 890.88(c) Section 249.78(cJ(7). §§ 102, p 890.88(d) §§ 124, 207.5, No density limit # At least 40% of all dwelling units must contain two or more bedrooms or 30% § 207.6 of all dwelling units must contain three or more bedrooms. § 415 15% onsite/20% off-site Restrictions apply; see criteria of § 317 Section 317 §§ 102, 202.2(e), C in the Central SoMa SUD; P 890.133 elsewhere Page 206 840.45 All Retail Sales and §§121.6, Services whiehthat are 803.9(ig), not listed below 890.104, 890.116 840.46 Formula Retail §§ 102, 249.78, 303, 303.1 * * * * Assembly, Recreation, Arts and Entertainment * * * * Nighttime 840.56 Entertainment * * * * Office * * * * 840.65A Services, Professional; Services Financial; Services Medical Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 102.17, 181(f)_,_ 249.78, 803.5(b) §§ 890.108, 890.110, 890.114 Pup to 25,000 gross sq.ft. per lot; above 25,000 gross sq. ft. permitted only if the ratio of other permitted uses to retail is at least 3:1. In the Central SoMa SUD, NP for Restaurants, Limited Restaurants, and Bars; C for all other Formula Retail Uses. Elsewhere, C for all Formula Retail Uses. If approved, subject to size controls in Section 840.45. P in Central SoMa SUD; N P elsewhere Subject to vertical control of Sec. 803.9(h.t). P on the ground floor when primarily open to the Page 207 general public on a client-oriented basis. 840.66 All Other Office Uses §§ 803.9(hi), Subject to vertical control of Sec. 890.70,890.118 803.9(kt) * * * * Other Uses * * * * 840.96 Open Air Sales §§ 803.9(ed}, p 890.38 * * * * 804.98 Walk-up Facility, §§ 803. 9(b), p including Automated 890.140 Bank Teller Machine * * * * SPECIFIC PROVISIONS FOR MUG - MIXED USE-GENERAL DISTRICT Section § 840.2§,4 Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 207(c)(4) Zoning Controls ACCESSORY DWELLING UNITS Boundaries: Within the boundaries of the MUG - Mixed Use-General District. Controls: An "Accessory Dwelling Unit," as defined in Section 102 and meeting the requirements of Section 207(c)(4) is permitted to be constructed within an existing building in areas that allow Page 208 residential use or within an existing and authorized auxiliary structure on the same lot. * * * * SEC. 841. MUR- MIXED USE-RESIDENTIAL DISTRICT. The Mixed Use-Residential District (MUR) serves as a buffir between the higher density, predominantly commercial area (}fYerba Buena Center to the east and the lo-wer scale, mixed use service-/industrial and housing area west qfSixth Street. The },1UR serves as a major housing opportunity area i>t'ithin the eastern portion of the South o.f A1arket. The district controls are is intended to facilitate the development of high-density, mid- rise housing, including family-sized housing and residential hotels. The district is also designed to encourage the expansion of retail, business service and commercial and cultural arts activities. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this ,Code. Continuous ground floor commercial frontage with pedestrian-oriented retail activities along major thoroughfares is encouraged. Hotels, nighttime entertainment, adult entertainment and heavy industrial uses are not permitted. Office is limited by residential-to- non residential ratio in new construction. Table 841 MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category Building and Siting Standards 841.01 Height Limit Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § Mixed Use-Residential District References Controls See Zoning As shown on Sectional Maps 1 and 8-1- Map,§§ end-+ of the Zoning Map Page 209 841.02 Bulk Limit Non-residential density limit 841.03 * * * * 841.04 Setbacks * * * * 841.09 Residential to non- residential ratio * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS 249.78, 260- 261.1' 263.20 See Zoning Map.§§ 270, 270.1' 270.2 §§ 102.9, 123, 124, 127, 128.1, 249.78 §§ 132.4, 134, 136, 136.2, 144, 145.1 § 803.8fd)9(a) In the Central SoMa SUD, Prevailing Height and Density limits are determined by Section 249.78. Height sculpting required on narrow streets, § 261.1 Non-habitable vertical projections permitted, § 263.20 As shown on Sectional Map& 1 and 8-1:--end +of the Zoning Map Horizontal mass reduction required,§ 270.1 Mid-block alleys required, § 270.2 In the Central SoMa SUD, Prevailing Height and Ddensity limits are +s determined by Sections 128.1 and 249.78. Elsewhere, gGenerally contingent upon permitted height, per Section 124 Generally required 3 sq.ft. of residential for every 1 sq.ft. of other permitted use. Page 210 Usable Open Space for Dwelling 841.11 Units and Group Housing Usable Open 841.12 Space for Non- Residential 841.12A Privately-Owned Public OQen SQace (POP OS) * * * * 841.15 Street Frontage, Ground Floor Commercial Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 135, 136, 80 sq. ft. per unit; 54 sq.ft. per unit if publicly accessible. In the Central SoMa SUD, buildings taller than 160 feet may also Qay the in-lieu fee. Required; amount varies based on use; § 135.3, 426 may also pay in-lieu fee §§ 138, 426 Required in the Central SoMa SUD with the construction of a new building or an addition of 50,000 gross square feet or more of Non-Residential Use. Retail, Institutional. and PDR Uses are exemQt. Ratio of square feet of open SQace to gross floor area is 1:50 feet except that one square foot of the following amenities shall count as 1.33 square feet: playgrounds, community gardens, sport courts or dog runs are provided; may also Qay in-lieu fee § 145.4 3rd Street, between Folsom Street and Townsend Street; 4th Street, between Folsom and Townsend Streets; Folsom Street, between 4th Street and 6th Street. Page 211 841.16 Vehicular Access Restrictions 841.17 Driveway Loading and Operations Plan 841.18 Large Project Authorization 841.19 Design Guidelines 841.20 Lot coverage Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 155(r) § 155(u) § 329 General Plan Commerce and lndustrv Element; Central SoMa Plan § 249.78 3rd Street, between Folsom Street and Townsend Street; 4th Street, between Folsom Street and Townsend Street; Folsom Street, between 4th Street and 5th Street. Required in the Central SoMa SUD for projects of 100,000 sq. ft. or more. Required pursuant to Section 329. Subject to the Urban Design Guidelines; and, in the Central SoMa SUD, subject to the Central SoMa Guide to Urban Design In the Central SoMa SUD, limited to 80 percent at all residential levels, except that on levels in which all residential units face onto a public right-of-way, 100% lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c) of this Code. Where there is a pattern of mid-block Page 212 Residential Uses 841.210 Dwelling Units 841 .2~A- Group Housing 841.2~2: SRO Units 841.21~ Homeless Shelters Dwelling Unit 841.2§4 Density Limit 841.2§5 Dwelling Unit Mix Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 102;? §§ 249.78(c)(8), 890.88(b) §§ 249.78(c)(7), 890.88(c) §§ 102, 890.88(d) §§ 124, 207.5, 208 § 207.6 open space for adjacent buildings. the unbuilt area of the new project shall be designed to adjoin that mid-block open space. p NP. except Group Housing uses that are also defined as Student Housing, Senior Housing, or Residential Care Facility, are designated for persons with disabilities, are designated for Transition Age Youth, or are contained in buildings that consist of 100% affordable units. NP, except in buildings that consist of 100% affordable units, as defined in Section 249.78(c)(7). p No density limit # At least 40% of all dwelling units must contain two or more bedrooms or 30% of all dwelling units must contain three or more bedrooms. Page 213 Affordability 841.2Ze § 415 Restrictions apply, see Section 415 Requirements Residential Restrictions apply; see criteria of Section 841.2§+ Demolition or § 317 Conversion * * * * Institutions * * * * §§ 102. Medical Cannabis 841.36 202.2(el, C in the Central SoMa SUD; P elsewhere Dispensary 890.133 * * * * Retail Sales and Services * * * * 841.46 Formula Retail § 102, In the Central SoMa SUD, NP for 249.78, 303, Restaurants, Limited Restaurants, and 303.1 Bars; C for all other Formula Retail Uses. Elsewhere, C for all Formula Retail Uses. If approved, subject to size controls in Section 8401.45. * * * * 841.52 Cannabis Retail §§ 102. C in the Central SoMa SUD; P elsewhere 202.2(al, 890.125 Assembly, Recreation, Arts and Entertainment Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 214 * * * * Nighttime §§ 102.17, 181(ft P in Central SoMa SUD; 841.56 Entertainment 249.78, 803.5(b) NP elsewhere * * * * Other Uses * * * * 841.96 Open Air Sales § 803.9(ed), p 890.38 * * * * 841.98 Walk-up Facility, §§ 890.140, p including 803.9(b), Automated Bank Teller Machine * * * * SPECIFIC PROVISIONS FOR MUR- RESIDENTIAL DISTRICT Section § 841.2~4 Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 207(c)(4) Zoning Controls ACCESSORY DWELLING UNITS Boundaries: Within the boundaries of the MUR- Mixed Use-Residential District. Controls: An "Accessory Dwelling Unit," as defined in Section 102 and meeting the requirements of Section 207(c)(4) is permitted to be constructed within an existing building in areas that allow Page 215 residential use or within an existing and authorized auxiliary structure on the same lot. * * * * SEC. 842. MUO- MIXED USE-OFFICE DISTRICT. The Mixed Use-Office (MUO) runs predominantly along the 2nd Street corridor iN the South o_jq{arket area. The A1[10 is designed to encourage office uses and housing, as well as small- scale light industrial and arts activities. Nighttime entertainment and small tourist hotels are permitted as a conditional use. Large tourist hotels are permitted as a conditional use in certain height districts. Dwelling units and group housing are permitted, while demolition or conversion of existing dwelling units or group housing requires conditional use authorization. Family-sized housing is encouraged. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Office, general commercial, most retail, production, distribution, and repair uses are also principal permitted uses. Adult entertainment and heavy industrial uses are not permitted. Table 842 MUO- MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category Building and Siting Standards * * * * 842.06 Parking and Loading Access: Prohibition * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § References Mixed Use Office District Controls § 155(r) None. 4th Street between Bryant and Tewnsend Streets Page 216 842.09 Residential to non- § 803.8-(ej9(a) None residential ratio * * * * Retail Sales and Services 842.45 All Retail Sales and §§ 890.104, p Services whiehthat are not 890.116, 803.9(ig), listed below 121.6 * * * * Other Uses * * * * 842.96 Open Air Sales §§ 803.9(ed), p 890.38 * * * * 842.98 Walk-up Facility, including §§-890.140, p Automated Bank Teller 803.9(b) Machine * * * * * * * * SEC. 843. UMU- URBAN MIXED USE DISTRICT. The Urban Mixed Use (UMU) District is intended to promote a vibrant mix of uses while maintaining the characteristics of this formerly industrially-zoned area. It is also intended to serve as a buffer between residential districts and PDR districts in the Eastern Neighborhoods. Within the UMU, allowed uses include production, distribution, and repair uses such as light manufacturing, home and business services, arts activities, warehouse, and wholesaling. Additional permitted uses include retail, educational facilities, and nighttime Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 217 entertainment. Housing is also permitted, but is subject to higher affordability requirements. Family-sized dwelling units are encouraged. Within the UMU, office uses are restricted to the upper floors of multiple story buildings. In considering any new land use not contemplated in this District, the Zoning Administrator shall take into account the intent of this District as expressed in this Section and in the General Plan. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 843 UMU- URBAN MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category Building and Siting Standards * * * * 843.09 Residential to non- residential ratio * * * * Retail Sales and Services 843.45 All Retail Sales and Services which that are not listed below * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § Urban Mixed Use District Controls References § None 803.8(ef9(a) §§ 890.104, P up to 25,000 gross sq.ft. per lot; 890.116, above 25,000 gross sq.ft. per lot 803.9(ig), permitted only if the ratio of other 121.6 permitted uses to retail is at least 3:1. P up to 3,999 gross sq.ft. per use; Cover 4,000 gross sq.ft. per use. Page 218 843.51 Gyms * * * * Office * * * * 843.65A Services, Professional; Services Financial; Services Medical 843.66 All 9Qther Office Uses * * * * Other Uses * * * * 843.96 Open Air Sales * * * * 843.98 Walk-up Facility, including Automated Bank Teller Machine * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 218(d), P up to 3,999 gross sq. ft. per use; C 803.9(:ig) over 4,000 gross sq. ft. per use. Not subject to 3:1 ratio, per Sec. 803.9(:ig) §§ 890.108, Subject to vertical control of Sec. 890.110, 803.9(hj). P on the ground floor when 890.114 primarily open to the general public on a client-oriented basis. §§ Subject to vertical control of Sec. 803.9(hj), 803.9(/U) 890.70, 890.118 §§ p 803.9(ed), 890.38 §§ 890.140, p 803.9(b), Page 219 * * * * SEC. 844. WMUG- WSOMA MIXED USE-GENERAL DISTRICT. The WSoMa Mixed Use-General (WMUG) District is largely comprised of the low-scale, production, distribution, and repair uses mixed with housing and small-scale retail. The WMUG is designed to maintain and facilitate the growth and expansion of small-scale light industrial, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. * * * * Table 844 WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References WSoMa Mixed Use-General District Controls * * * * Other Uses 844.96 Open Air Sales §§ 803.9(ed), P up to 10,000 gsf per lot. 890.38 NP above. * * * * 844.98 Walk-up Facility, §§ 803.9(b), p including Automated 890.140 Bank Teller Machine * * * * * * * * SEC. 845. WMUO - WSOMA MIXED USE-OFFICE DISTRICT. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 220 The WSoMa Mixed Use-Office (WMUO) runs predominantly along the Townsend Street corridor between 4th Street and 7th Street and on 11th Street, from Harrison Street to the north side of Folsom Street. The WMUO is designed to encourage office uses along with small-scale light industrial and arts activities. Nighttime entertainment is permitted, although limited by buffers around RED and RED-MX districts. * * * * Table 845 WMUO - WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category BUILDING AND SITING STANDARDS * * * * 845.09 Residential to non- residential ratio * * * * Retail Sales and Services 845.45 All Retail Sales and Services whiehthat are not listed below * * * * Other Uses * * * * 845.96 Open Air Sales * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § References WSOMA Mixed Use-Office District Controls § 803.&(ef9(a) None §§ 121.6, P up 10 10,000 gsf per lot; 803.9(ig), C up to 25,000 gsf; 890.104 NP above §§ 803.9(ed), p 890.38 Page 221 845.98 Walk-up Facility, including §§ 803.9(b), p Automated Bank Teller 890.140 Machine * * * * * * * * SEC. 846. SALI - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. The Service/Arts/Light Industrial (SALI) District is largely comprised of low-scale buildings with production, distribution, and repair uses. The district is designed to protect and facilitate the expansion of existing general commercial, manufacturing, home and business service, and light industrial activities, with an emphasis on preserving and expanding arts activities. Nighttime Entertainment is permitted although limited by buffers around RED and RED-MX districts. Residential Uses, Offices, Hotels, and Adult Entertainment uses are not permitted. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 846 SALI -SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category BUILDING AND SITING STANDARDS * * * * 846.09 Residential to non- residential ratio * * * * Institutions * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § References SALI District Controls § 803.&fe)-9(a) None Page 222 846.36 Medical Cannabis Dispensary * * * * Retail Sales and Services * * * * 846.52 Cannabis Retail * * * * Office * * * * 846.65b Office Uses Related to the Hall of Justice * * * * Other Uses * * * * 846.96 Open Air Sales * * * * 846.98 Walk-up Facility, including Automated Bank Teller Machine * * * * Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 102, C in the Central SoMa SUD: P # 202.2(e), elsewhere 890.133 §§ 102, C in the Central SoMa SUD; P # 202.2(a), elsewhere 890.125 §§ 803.9({~). P in Special Use District, pursuant to§ 803.9({~) §§ 803.9(efi), P up to 10,000 gsf per lot; 890.38 C up to 25,000 gsf; NP above §§ 803.9(b), p 890.140 Page 223 * * * * SEC. 847. RED-MX- RESIDENTIAL ENCLAVE-MIXED DISTRICT. Residential Enclave-Mixed Districts (RED-MX) encompass some of the clusters of low- scale, medium density, predominantly residential neighborhoods located along the narrow side streets of the Western SoMa area. Many parcels in these residential enclaves are underdeveloped and represent opportunities for new residential and low-intensity commercial uses. * * * * Table 847 RED-MX- RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Residential Enclave-Mixed Controls * * * * Other Uses 847.66 Open Air Sales §§ 803.9(ed), P up to 1 ,250 gsf per lot; 890.38 C above; NP above 1 FAR * * * * * * * * SEC. 848. CMUO- CENTRAL SOMA MIXED USE-OFFICE DISTRICT. The Central SoMa Mixed Use-Office (CMUO) extends predominantly between 2nd Street and 6th Street in the South o[Market area. The CMUO is designed to encourage a mix o[residential and non-residential uses, including office, retail, light industrial, arts activities, nighttime entertainment, and tourist hotels. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 224 Table 848. CMUO- CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Central SoMa Mixed Use-Office District Controls Zoning Category § References Controls -- - - - --- - -- - - ------ - -- - BUILDING STANDARJJS Massing and Setbacks Height and Bulk Limits. 5 Foot Height Bonus {or Ground Floor Commercial Setbacks Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS -- - - - §§ 102, 105, 106, 249.78, 250-252, 260, 261.1, 263.20, 263.30, 270, 270.1, 270.2, 271. See also Height and Bulk District Maps §263.20 §§ 132.4, 134, 136, 144, 145.1 -- --- - - - ------ - - - - - -- Varies. See Height and Bulk Map Sheets HT01 and HT07. In the Central SoMa SUD, Prevailing Height and Density limits are determined by Section 249.78. Height sculpting required and additional bulk limits pursuant to §270; Non-habitable vertical projections permitted pursuant to §263.20,· additional height permissible pursuant to §263.30,· horizontal mass reduction required pursuant to §270.1 ,· and Mid- block alley_s required pursuant to §270.2. NP Generally_ required. Along 4th Street south o[Bry_ant Street, required by_ a minimum depth o[..fjye feet, fr.om Page 225 Street Frontage and Public Realm Streetscape and Pedestrian Improvements Street Frontage Requirements Street Frontage, Ground Floor Commercial Vehicular Access Restrictions Driveway Loading and Operations Plan Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 138.1 § 145.1 § 145.4 § 155{r) § 155(u) sidewalk grade up to a minimum height o[_25 [§et. Required Required 2nd Street, on the west side, between Dow Place and Townsend Street; 3rd Street, between Folsom Street and Townsend Street; 4th Street, between Folsom and Townsend Streets,· Folsom Street, between 4th and 6th Streets,· Brannan Street, betvj!een 3rd Street and 4th Street,· Townsend Street, on the north side, between 2nd Street and 4th Street. 3rd Street between Folsom and Townsend Streets,· 4th Street between Folsom and Townsend Streets; Folsom Street from 4th Street to 5th Street; Brannan Street from 2nd Street to 6th Street; and Townsend Street from 2nd Street to 6th Street. Required for projects oU 00,000 sq. ft. or more. Page 226 Miscellaneous Lot Size (_Per Develo-Qmentl Planned Unit Develo72ment Large Project Authorization Awning and CanozzJ!. Marquee Signs General Advertising Signs Design Guidelines Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 102, 303 § 304 §329 § 136.1 § 136.1 §§ 262, 602- 604, 607, 607.2, 608, 609 §§262, 602.7 604, 608, 609, 610, 611 General Plan Commerce and Industry Element,· N/A NP Required [or new construction greater than 85 teet in height; additions to an existing building with a height o(85 feet or less resulting in a total building height greater than 85 feet; or the net addition or new construction o(more than 50, 000 gross square feet. p NP As 72ermitted bv § 607.2. NP Subject to the Urban Design Guidelines and Central SoMa Guide to Urban Design. Page 227 Central SoMa Development Standards Usable Open Space [Per Dwelling Unit §§ 135, 136, and Group Housingl 0([-Street Parking Dwelling Unit Mix Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §.§_ 150. 151.1, 153, 156,_4§4, 166, 167 § 207.6 80 sq. ft. per unit; 54 sq. ft. per unit if publicly accessible,· buildings taller than 160 [eet may also pay in-lieu fee. Car parking not required. Limits set forth in §151.1. Bicycle Parking required pursuant to §155.2. ]fear parking is provided, car share spaces are required when a project has 50 units or more pursuant to §166. At least 40% ofall dwelling units shall contain two or more bedrooms, 30% of all dwelling units shall contain three or more bedrooms, or 35% ofall dwelling units shall contain two or more bedrooms with at least 10% containing three or more bedrooms. Page 228 Lot coverage Use Characteristics Single Room Occuuancy_ Student Housing Residential Uses Residential Uses Dwelling Units, Senior Housing, and Group Housing Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 249.78 § 102 § 102 § 102 §207 Limited to 80 percent at all residential levels. except that on levels in which all residential units face onto a public right-of-way, 100% lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c) of this Code. Where there is a pattern of mid-block open space for adjacent buildings, the unbuilt area of the new project shall be designed to adjoin that mid-block open space. p p p No residential density limit by_ lot area. Density restricted by_ physical envelope controls o{height, bulk. setbacks, open space, exposure and other applicable controls o[this and other Codes, as well as by_ applicable design guidelines, applicable elements and area plans o[ Page 229 Group Housing SRO Units Accessory Dwelling Units Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 249.78(cl(8), 890.88(bl §§ 249.78(cl(7), 890.88(c) §§ 102, 207(c)(4) the General Plan, and design review bv the Planning De12artment. NP. except Group Housing uses that are also defined as Student Housing, Senior Housing, or Residential Care Facilit~. are designated for persons with disabilities, are designated for Transition Age Youth, or are contained in buildings that consist of 100% affordable units. NP, except in buildings that consist of 100% affordable units. P within the existing building envelof2e. I ADU allowed in buildings with 4 or fewer Dwelling units. No limit in buildings with 5 or more Dwelling Units. ADUs may not eliminate or reduce ground-story retail or commercial Sf2aces. Page 230 Homeless Shelters Loss o[_Dwelling Units Residential Conversion, Demolition, or Merger Development Standards Floor Area Ratio Use Size Off-Street Parking, Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 102, 208 § 317 §§ 102, 123, 124, 128.1, 249.78 §§ 145.1, Density limits regulated by the Administrative Code, Chapter 20, Article XIII c No FAR Limitln the Central SoMa SUD, Prevailing Height and Density limits are determined by Section 249.78, subject to the requirements of Section 128. in the Central SoMa Restrictions on some Retail Sales and Service Uses. (I) Car parking not required. Limits set 150, 151.1, forth in§ 151.1. Bicycle parking 153-156, 166, required pursuant to § 155.2. Car share 204.5 spaces required when a project has 25 or more parking spaces pursuant to § Page 231 Off-Street Freight Loading Useable Open Space Privately-Owned Public Open Space (POPOS) Commercial Use Characteristics Drive-up FacilitJ!_ Formula Retail Hours o[_ 0[2_eration Maritime Use Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS §§ 150, 152.1,153- 155, 161, 204.5 §§ 135.3, 426 §§ 138. 426 § 102 §§ 102, 303, 303.1 § 102 § 102 Pursuant to§ 152.1. Required; amount varies based on use; may_ pay_ in-lieu {§e. Required with the construction of a new building or an addition of 50,000 gross square feet or more of Non- Residential use. Retail, institutional, and PDR uses are exempt. Ratio of square feet of open space to gross floor area is 1 :50 feet except that one square foot of the follmving amenities shall count as 1.33 square feet: playgrounds, community gardens, sport courts or dog runs are provided; may also pay in-lieu fee NP NP fOr Restaurants, Limited Restaurants, and Bars. C [or all other Formula Retail Uses. No Restrictions NP Page 232 Oeen Air Sales § 102 Outdoor Activit)!_ Area § 102 Walk-ue Facili(J!_ § 102 Agricultural Use Categorr. Agricultural Uses* §§ 102, 202.2Cc2 Agriculture, Large Scale Urban §§ 102, 202.2Cc2 Automotive Use Categorr. Automotive Uses* § 102 Parking Garage, Private § 102 Parking Garage, Public § 102 Parking Lot, Private §§ 102, 142, Parking Lot, Public §§ 102, 142, Service, Motor Vehicle Tow § 102 Services, Ambulance § 102 Vehicle Storage Garage § 102 Vehicle Storage Lot § 102 Entertainment and Recreation Use Catego!J!. Entertainment and Recreation Uses* Entertainment, Nighttime Entertainment, Outdoor Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 102 § 102 § 102 p p p .e c p c c NP NP c c c NP p PC42 NP Page 233 0Qen Recreation Area SQorts Stadium Industrial Use Categ_orr. Industrial Uses* Food ,Fiber and Beverage Processing 1 Manufacturing, Light Institutional Use CategprJ!. Institutional Uses* HosQital Medical Cannabis DisQensary Sales and Service Use Categp!J!. Retail Sales and Service Uses* Adult Business Animal HosQital Bar Cannabis Retail Hotel Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS § 102 NP. § 102 NP §§ 102, NP 202.2(dl §§ 102, f_ 202.2(dl §§ 102, f_ 202.2(dl § 102 p § 102 c §§ 102, P.C - 202.2(el § 102 POl § 102 NP § 102 p §§ 102, P(ll(3l 202.2(al §§ 102. c 202.2(a), 890.125 § 102 C(2l Page 234 Kennel § 102 p Massage Establishment § 102 NP Mortuary_ § 102 NP Motel §§ 102, NP 202.2(a1 Restaurant §§ 102, P01(31 202.2(a1 Restaurant, Limited §§ 102, P01(31 202.2(a1 Storage, Sel[ § 102 NP Trade Sho]2 § 102 p Non-Retail Sales and Service § 102 p Utilitv and In(!astructure Use CategprJ!. Utilitv and In(!astructure * § 102 p Internet Service Exchange § 102 c Power Plant § 102 NP Public Utilities Yard § 102 NP Wireless Telecommunications Services § 102 C(51 Facilit.J!. *Not Listed Below 01 Pup to 25,000 gross sq. fi:. per lot; above 25,000 gross sq. fi:. per lot permitted only i[the ratio o[other permitted uses to retail is at least 3:1. (21 Not subject to ratio requirements ofO 1 above, pursuant to § 803.9(gl. (31 Formula Retail NP. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 235 (4) Pin the area bounded by bounded by 4th Street, 6th Street. Bryant Street, and Townsend Street,· C elsewhere. {5) C i{a Macro WTS Facility,· P i{a Micro WTS Facility. * * * * SEC. 890.37. ENTERTAINMENT, OTHER. In the Chinatown Mixed Use Districts, a retail use, other than adult entertainment, as defined in Section 890.36 of this Code, which provides live entertainment, including dramatic and musical performances, and/or provides amplified taped music for dancing on the premises, including but not limited to Places of Entertainment and Limited Live Performance Locales, as defined in Section 1 060 of the Police Code. Other entertainment also includes a bowling alley, billiard parlor, shooting gallery, skating rink and other commercial recreational activity, but it excludes amusement game arcades, as defined in Section 890.4 of this Code and regulated in Section 1036 of the Police Code. For South o.fA!arket Districts, see Section 102.17. * * * * SEC. 890.116. SERVICE, PERSONAL. A retail use which provides grooming services to the individual, including salons, cosmetic services, tattoo parlors, and health spas, excluding massage establishments subject to Section 218.1 ofthis Code located rvithin South of}r!arlwt Districts, or instructional services not certified by the State Educational Agency, such as art, dance, exercise, martial arts, and music classes, except that in the South ofA!arket Districts, arts acti~ities falling within Section 102.2 shall not be consideredpersonal services. * * * * SEC. 890.124. TRADE SHOP. Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 236 A retail service use which provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service; if conducted within an enclosed building having no openings other than fixed windows or exits required by law located within 50 feet of any R District. A trade shop includes, but is not limited to: * * * * (g) Within the South of},/arket Districts, arts actiodties falling witllin Section 102.2 shall not be considered trade shops. fh)--Within South of}.larket and Eastern Neighborhoods Mixed Use Districts, this use shall include the offices of building, plumbing, electrical, painting, masonry, roofing, furnace or pest control contractors and storage of incidental equipment and supplies used by them, if located entirely within an enclosed building having no openings other than fixed windows or exits required by law within 50 feet of an R District. No processing of building materials, such as mixing of concrete or heating of asphalt shall be conducted on the premises. Parking, loading and unloading of all vehicles used by the contractor shall be located entirely within the building containing the use. (ih.) Within the Chinatown Mixed Use Districts, it does not include any shop which uses a single machine of more than five horsepower capacity, or a shop in which the mechanical equipment, together with related floor space used primarily by the operators of such equipment, occupies in the aggregate more than 1/3 of the total Qgross Efloor d,area of the use. A trade shop is distinct from light manufacturing, as defined in Section 890.54(a) of this Code. Section 5. This section is uncodified. Applicable provisions of the Planning Code shall apply to a residential Tower on Block 3786, Lot 035, except as otherwise provided in this Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 237 Section. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control. For a residential Tower on Block 3786, Lot 035, the following controls shall apply, provided the project meets its lnclusionarv Housing requirements pursuant to Planning Code Section 415 by providing BMR units entirely on-site: (a) A 5-foot setback is required for the Tower Portion for the entire frontage along Fourth Street, and a 25-foot setback is required for the Tower Portion for the entire southwest property line frontage directly opposite the property at Block 3786, Lot 322. (b) The residential Tower may have a horizontal separation of not less than 40 feet from the Tower Portion of an approved or proposed Tower on Block 3786, Lot 322. (c) The maximum Gross Floor Area of any residential Tower floor shall be 12,500 gross square feet. (d) The maximum plan length of a Residential tower shall be 165 feet. (e) Pursuant to the Large Project Authorization process in Section 329, the Planning Commission shall evaluate the design of the project and make recommendations to alleviate the -~QPear~nc:e of the expa.nded tower bulk and floorplate, and to address the limited towE?r separation between the project and the adjacent development at Block 3786, lot 322. Section 56. Non SeverabilityEffect of Litigation. lfln the event that any person or entity files a lawsuit in any court challenging any ne'.v development requirement imposed by this ordinanceas part of the Central SoMa Plan that generates revenue to fund the Central SoMa Public Benefits Program, contained in the Central SoMa Implementation Program; any subsection, sentence, clause, phrase, or Vv'ord thereof; or any application thereof to any person or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall render the remaining portions or applications of the ordinance invalid. The Board of Supervisors hereby declares that it would not have passed Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 238 this ordinance, and each and every section, subsection, sentence, clause, phrase, and ·.vord not declared invalid or unconstitutional, without the sections of this ordinance imposing such ne·.v development requirements. then upon the service of such lawsuit upon the City and County of San Francisco, all applications for projects that could not be approved but for the adoption of this ordinance and that have not yet received a first construction document ·.viii be suspended until there is a final judgment in the lm.vsuit in all courts and the validity of the challenged provision(s) specified in this Section is upheld. Section 76. 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 6+8-Z. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney /l / //~;1/ By: // )L/( fi;l VICTORlA WONG Deputy City Attorney n:\legana\as2018\1200444\01320955.docx Mayor Breed; Supervisor Kim BOARD OF SUPERVISORS Page 239 City Hall City and County of San Francisco Tails I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance File Number: 180184 Date Passed: December 04, 2018 Ordinance amending the Administrative and Planning Codes to give effect to the Central South of Market Area Plan, encompassing an area generally bounded on its western portion by Sixth Street, on its eastern portion by Second Street, on its northern portion by the border of the Downtown Plan Area (an irregular border that generally jogs along Folsom, Howard and Stevenson Streets), and on its southern portion by Townsend Street; making approval findings under the California Environmental Quality Act, including adopting a statement of overriding considerations; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. July 09, 2018 Rules Committee - REFERRED WITHOUT RECOMMENDATION July 16, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 16, 2018 Land Use and Transportation Committee- CONTINUED AS AMENDED July 23, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 23, 2018 Land Use and Transportation Committee- CONTINUED AS AMENDED September 10, 2018 Land Use and Transportation Committee - CONTINUED October 01, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 01, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED October 15, 2018 Land Use and Transportation Committee- CONTINUED October 22, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 22, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED October 29, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 29, 2018 Land Use and Transportation Committee -AMENDED City and County of San Francisco Pagel Printed at 11:29 am on12/5/18 October 29, 2018 Land Use and Transportation Committee -AMENDED October 29, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED November 05, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 05, 2018 Land Use and Transportation Committee -AMENDED November 05, 2018 Land Use and Transportation Committee -AMENDED November 05, 2018 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED November 13, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 -Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 13, 2018 Board of Supervisors- PASSED ON FIRST READING AS AMENDED Ayes: 11 -Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 27, 2018 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 -Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 27, 2018 Board of Supervisors- PASSED ON FIRST READING AS AMENDED Ayes: 11 -Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee December 04, 2018 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 10- Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Excused: 1 -Fewer Page2 Printed at 11:29 am on 12/5/18 File No. 180184 London N. Breed Mayor City and County of San Francisco Page3 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/4/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:29 am onl215/18