121.5

SEC. 121.5. [DIVISION OF SPACES EXCEEDING NON-RESIDENTIAL USE SIZE LIMITS.]1 New Ordinance Notice Publisher's Note: This section has been ADDED by new legislation (Ord. 173-25, approved 9/5/2025, effective 10/6/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative. (a) An existing Non-Residential Use with Non-Residential Use Size larger than principally permitted (i.e., a use size that is either conditionally permitted or not permitted) may be divided into two or more smaller Non-Residential Uses where this Section 121.5 is referenced in the use size controls applicable to the district. Conditional Use Authorization is not required for such a division or for the individual resulting Non-Residential Use Sizes, provided the division does not cause a Net Addition of Gross Floor Area. (b) Regardless of whether Section 121.5 is referenced in the applicable use size controls pursuant to subsection (a), this Section does not apply to: (1) Use size limits set forth in Special Use Districts; (2) Use size limits that apply per lot; (3) Districts established pursuant to a development agreement or redevelopment plan; (4) P (Public) Districts (Section 211); and (5) Chinatown Mixed Use Districts (Sections 810, 811, and 812). (Added by Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025) (Former Sec. 121.5 added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) CODIFICATION NOTE 1. The name of Section 121.5 was not marked for addition in Ord. 173-25. The name has been included here in square brackets to indicate that it is unofficial.

SEC. 121.6. LARGE-SCALE RETAIL USES. Notwithstanding any other provision of this Code, establishment of a single Retail Use in excess of 50,000 gross square feet in any zoning district other than the C-3 Zoning Districts shall require Conditional Use authorization pursuant to Section 303 unless such use already is prohibited. This Section 121.6 shall apply to the establishment of a new Use and the expansion of an existing Use. For purposes of this Section, “single Retail Use” shall include all Retail Sales and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code, except General Grocery, Hotel, and Motel Uses. This Section shall not apply to Health Service Uses and Reproductive Health Clinics located in the MUO District east of 7th Street. Notwithstanding this Section 121.6, division of Non-Residential Use Sizes is permitted to the extent provided in Section 121.5. (Added by Ord. 89-04, File No. 031463, App. 5/27/2004; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 92-25, File No. 250099, App. 6/20/2025, Eff. 7/21/2025; Ord. 173-25, File No. 250634, App. 9/5/2025, Eff. 10/6/2025; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY Divisions (e)-(e)(2) amended; division (e)(3) added; Ord. 202-18, Eff. 9/10/2018. Divisions (b)-(d), (e)(1)-(2) deleted; divisions (a), (e), and (e)(3) combined and amended as an undesignated paragraph; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Section amended; Ord. 92-25, Eff. 7/21/2025. Section amended; Ord. 173-25, Eff. 10/6/2025. Section amended; Ord. 13-26, Eff. 3/16/2026. SEC. 121.7. RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS, ON PEDESTRIAN- ORIENTED STREETS, AND FOR LOTS WITH HISTORIC BUILDINGS. (a) Purpose: In order to promote, protect, and maintain a fine-grain scale of development in residential districts and on important pedestrian-oriented commercial streets that is appropriate to each district; compatible with adjacent buildings; provide for a diverse streetscape; ensure the maintenance and creation of multiple unique buildings and building frontages rather than large single structures superficially treated; promote diversity and multiplicity of land ownership and discourage consolidation of property under single ownership, merger of lots is regulated in accordance with this Section 121.7. (b) Controls. Merger of lots is regulated as follows: (1) RTO Districts. In RTO Districts within the Priority Equity Geographies Special Use District established under Section 249.97, merger of lots creating a lot greater than 5,000 square feet shall not be permitted except according to the procedures and criteria in subsection (d) below. (2) NCT, NC, and Mixed-Use Districts. In those NCT, NC, and Mixed Use Districts listed below, merger of lots resulting in a lot with a single street frontage greater than that stated in the table below on the specified streets or in the specified Districts is prohibited except according to the procedures and criteria in subsections (c) and (d) below. (3) WMUO District. Merger of lots in the WMUO zoning district resulting in a lot with a street frontage between 100 and 200 feet along Townsend Street is permitted so long as a publicly-accessible through-block pedestrian alley at least 20 feet in width and generally conforming to the design standards of Section 270.2(e)(5)-(12) of this Code is provided as a result of such merger. (4) Mission Street NCT District. In the Mission Street NCT District, projects that propose lot mergers resulting in street frontages on Mission Street greater than 50 feet shall provide at least one non-residential space of no more than 2,500 square feet on the ground floor fronting Mission Street. (5) Ocean Avenue NCT District. In the Ocean Avenue NCT District, projects that propose lot mergers resulting in street frontages greater than 50 feet are permitted to create corner lots only, and shall require a conditional use authorization. Street or District Lot Frontage Limit Hayes, from Franklin to Laguna 50 feet RED and RED-MX 50 feet Church Street, from Duboce to 16th Street 100 feet Divisadero Street NCT except for the east and west blocks between Oak and Fell, Fillmore Street NCT, Folsom Street NCT, RCD, WMUG, WMUO, and SALI 100 feet for WMUO District (see subsection (b)(3)) Mission Street, within the Mission Street NCT 100 feet; see subsection (b)(4) Market, from Octavia to Noe 150 feet Ocean Avenue in the Ocean Avenue NCT 50 feet; see subsection (b)(5) Inner and Outer Clement NCDs 50 feet North Beach NCD and SUD, Telegraph Hill-North Beach Residential SUD, Polk Street NCD, and Pacific Avenue NCD* 25 feet* NC-2 districts on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue 50 feet * For lots that do not have street frontage, the merger would not result in a lot with a width greater than 25 feet. (c) Administrative Exceptions. The Zoning Administrator may administratively waive certain lot mergers from the restrictions of subsection (b) only when one or more of the following conditions is present: (1) One of the lots to be merged has total street frontage on the restricted street of less than 20 feet; or (2) The project sponsor is a government agency or institution subject to Section 304.5 of this Code, and the purpose of the project is for a public facility, public building, or institutional building; or (3) The project involves normalizing substandard or irregular lots that are publicly owned or are being transferred from public to private ownership, including lots of the former Central Freeway; or (4) The lots to be merged contain a pre-existing single building spanning multiple lots; or (5) The lot merger will enable a specific residential project in which a majority of the units on-site will be affordable as defined by Section 402. (d) Conditionally Permitted Exceptions. The Planning Commission may approve, as a Conditional Use according to the procedures of Section 303, mergers exceeding the restrictions of subsections (b) and (c) only when one or more of the following findings can affirmatively be made and the project meets the intent of this Section 121.7: (1) The lot merger will enable a specific residential project that provides housing on-site at affordability levels significantly exceeding the requirements of Section 415; or (2) The lot merger will facilitate development of an underutilized site historically used as a single use and the new project is comprised of multiple individual buildings; or (3) The lot merger serves a unique public interest that cannot be met by building a project on a smaller lot. (e) Lots with Certain Historic Buildings. For projects meeting the definition of a housing development project, as that term is defined in Government Code Section 65589.5(h)(2), as may be amended, Lot Mergers are not permitted, unless the Project maintains the Historic Building in compliance with the Preservation Design Standards and modified standards under Section 206.10(d) for the life of the project, and the requirement is recorded in a Notice of Special Restrictions. (Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 126-15 , File No. 150081, App. 7/17/2015, Eff. 8/16/2015; Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 17-18, File No. 171173, App. 2/9/2018, Eff. 3/12/2018; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Division (b) amended; Ord. 92-12 , Eff. 6/20/12. Section header, introductory paragraph, and division (b) amended; Ord. 42-13 , Eff. 4/27/2013. Division (d)(1) reference corrected; Ord. 62-13 , Eff. 5/10/2013. Division (b) amended; Ord. 126-15 , Eff. 8/16/2015. Division (b) amended; Ord. 127-15 , Eff. 8/16/2015. Introductory paragraph amended; Ord. 188-15 , Eff. 12/4/2015. Table amended; Ord. 129-17, Eff. 7/30/2017. Table amended; Ord. 205-17, Eff. 12/3/2017. Introductory