202.14

SEC. 202.14. LIMITATION ON CHANGE IN USE OR DEMOLITION OF RESIDENTIAL CARE FACILITY. Notwithstanding any other provision of this Article 2, a change in use or demolition of a Residential Care Facility use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303, including the specific conditions in that Section for conversion of such a use. This Section 202.14 shall not authorize a change in use if the new use or uses are otherwise prohibited. (Added by Ord. 149-21, File No. 210535, App. 9/29/2021, Eff. 10/30/2021) Editor’s Note: This section originally was designated 202.11 when enacted by Ord. 149-21 and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.

SEC. 202.15. INTERIM HOUSING IN HOTELS AND MOTELS. (a) Purpose. This Section 202.15 is intended to create additional opportunities to locate shelters for persons experiencing homelessness or at risk of homelessness where those persons can receive on-site supportive services. Interim Housing can help reduce the likelihood of negative outcomes for people experiencing homelessness or at risk of experiencing homelessness. Tourist Hotels and Motels are authorized under the Planning Code as separate uses, both of which are considered part of the Retail Sales and Service use category. Hotels and Motels are generally designed to offer privacy for individuals or small groups of individuals in a non-congregate setting while also providing a common space for gathering and various services. This layout and structure is a natural fit for Interim Housing, where individuals or small groups of individuals may desire or need private accommodations while still needing certain supportive services. At the same time, Tourist Hotels and Motels may not desire to locate Interim Housing on their premises, if it would result in the loss of the underlying Hotel or Motel use. This Section allows Tourist Hotel and Motel operators to locate Interim Housing, as defined, on their properties without losing the underlying Hotel or Motel use. (b) Definitions. For purposes of this Section 202.15, the following definitions shall apply. “Client” means any person residing in or seeking to reside in Interim Housing, and includes any dependent children under the age of 18. “Interim Housing” means a Residential use located on land owned or leased by the City, or provided through a contractual arrangement between the City and a third party, that provides shelter to Clients experiencing homelessness or at risk of homelessness, and provides on-site supportive services, including, without limitation, intake and assessment of Clients’ needs, outreach to the Clients to assist them with health or social needs, management of the health or social needs of Clients, and referrals for services to the Clients. (c) Interim Housing Use Authorized. A Hotel or Motel identified in this subsection 202.15(c) may operate all or any portion of its premises as Interim Housing without abandoning or discontinuing its land use authorization as a Hotel or Motel under the Planning Code, irrespective of whether such existing Hotel or Motel use is a principally permitted, conditionally permitted, or nonconforming use. This authorization shall not be interpreted to exempt the Hotel or Motel use from any provision of the Planning Code. Any Interim Housing use authorized pursuant to this Section 202.15 shall be permitted for no more than 90 days after the shelter emergency pursuant to Government Code Section 8698.4 is terminated. Interim Housing is authorized at only the following locations: Block 3519, Lots 006, 010, and 012; Block 0496, Lot 013; Block 3731, Lot 003; and Block 3703, Lot 081. (d) Application. The property owner or the property owner’s authorized agent (in either case, “Applicant”) shall submit an application for Interim Housing use to the Planning Department, on a form prepared by the Planning Department. The application shall include an affidavit signed by the Applicant, and the property owner, if the Applicant is not the property owner, detailing the proposed Interim Housing use of the property. A Hotel or Motel identified in subsection (c) and existing after April 1, 2025 may apply to establish Interim Housing pursuant to this Section 202.15 without losing its Hotel or Motel use. (e) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or commencement of the Interim Housing authorized under this Section 202.15 shall not be considered a conversion, discontinuance, abandonment, or change of use for purposes of this Code, notwithstanding Sections 178 and 183 of this Code, or any other related provisions. Any Hotel or Motel use established as of the time the Interim Housing use shall continue to be authorized under the Planning Code for as long as such property is used for Interim Housing pursuant to this Section 202.15. (f) Application of Other Development Controls and Requirements. The Interim Housing use that is authorized pursuant to this Section 202.15 shall not be required to comply with development standards applicable to new residential uses, including but not limited to density, rear yard, open space, exposure, and other requirements set forth in Articles 1.2, 1.5, or 2 of the Planning Code. The Interim Housing use shall not be subject to any development impact fees or development requirements set forth in Article 4 of the Planning Code as a prerequisite to obtaining authorization pursuant to this Section 202.15. (g) Termination of Interim Housing Use. Prior to the termination of the Interim Housing use authorized under this Section 202.15, the Department of Homelessness and Supportive Housing, or other City funding agency, if applicable, shall work with the Interim Housing service provider, if any, to relocate existing program participants prior to the time the Interim Housing use terminates. No less than one year prior to expiration of any agreement to provide Interim Housing, the property owner or landlord shall provide notice to the City agency that funded the Interim Housing, of its intent to not renew any agreement with the City or Interim Housing provider, in order to allow the City agency that funded the Interim Housing, and the service provider time to assist in relocating existing program participant of the Interim Housing. (h) Reactivation of Hotel or Motel Use for Certain Shelter-In-Place Hotels. Notwithstanding Section 178, a Hotel or Motel located at Block 0304, Lot 005, Block 0715, Lot 011, Block 0335, Lot 027 that otherwise abandoned or discontinued the Tourist Hotel use due to participation in the City’s Shelter-In-Place Hotel Program may reestablish such use, if the Zoning Administrator determines that: (1) the Hotel or Motel entered into an agreement with the City to provide non-congregant shelter as part of the City’s Shelter-In-Place Hotel Program; and (2) the Hotel or Motel continued to provide shelter services under an agreement with the City on or after January 1, 2025. Any such reestablished use shall comply with the applicable requirements of the Planning Code, provided that the Hotel or Motel use shall not be required to comply with Article 4 of the Planning Code concerning development impact fees and project requirements to reestablish the use, and the abandonment of the shelter use and reactivation of the Hotel or Motel use shall not be considered removal of residential units pursuant to Section 317. The authorization in this subsection 202.15(h) shall not apply to any units that were Residential Units in a Residential Hotel, as those terms are defined in Chapter 41 of the Administrative Code, at the time the Hotel or Motel began to participate in the Shelter-in-Place Hotel Program. (Added by Ord. 39-25, File No. 241067, App. 4/3/2025, Eff. 5/4/2025; amended by Ord. 98-25, File No. 250257, App. 6/27/2025, Eff. 7/28/2025) AMENDMENT HISTORY Divisions (c), (g) amended; division (h) added; Ord. 98-25, Eff. 7/28/2025. SEC. 202.17. PERMITTED USES AND USE SIZE LIMITS FOR DISPLACED BUSINESSES; NOTICE REQUIREMENT. (a) Purpose. It is to the general benefit of the people of San Francisco and the unique character of the City and its neighborhoods to retain commercially viable businesses that are forced to close and relocate for a variety of reasons, including but not limited to new development, escalating commercial rent, or other economic hardship. The provisions of this Section 202.17 are intended to streamline and increase opportunities for Displaced Businesses to relocate within the City, but do not override any controls enacted by voter initiative. (b) Definitions. The following definitions shall apply to this Section 202.17. New Location means the site or location where a Displaced Business seeks to be permitted. Prior Location means the place of operation where a Displaced Business was lawfully permitted and operated for at least five years prior to relocating to the New Location. Displaced Business means a commercial or institutional use with less than 50,000 square feet of Gross Floor Area, whose lease expired and was not renewed, or was otherwise terminated by the property owner, and submits a complete Development Application to relocate to a New Location within five years of the property owner submitting a complete Development Application for development at the site of the Prior Location. Any Displaced Business shall not be considered a Displaced Business upon the Department’s approval of the first Development Application to relocate to the New Location. (c) Controls. (1) Conditional Use Authorization Not Required. Notwithstanding any other provision of this Code, if the use and use size associated with a Displaced Business is either principally or conditionally permitted in the zoning district of the New Location, the use and use size of the Displaced Business shall be principally permitted. In no event shall this subsection be construed to permit a use or use size that is not permitted in the zoning district of a proposed New Location, or to allow Formula Retail uses in the Neighborhood Commercial Districts without Conditional Use authorization. (2) No Development Impact Fees. A relocating Displaced Business shall not be subject to fees pursuant to Article 4. (d) Notice of Development Applications to Existing Businesses. Within 15 days of determining that a Development Application is complete or deemed complete, if the Development Application is proposed at a property where there is an existing commercial or industrial use with less than 50,000 square feet of Gross Floor Area, the Department shall provide mailed and electronic notice of the Development Application to the existing non-residential tenant and the Office of Small Business. This provision does not increase or decrease the rights or obligations of the property owner or non-residential tenant pursuant to a private agreement, such as a lease. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)