207.6

SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO-1, RTO-M, RCD, NCT, DTR, EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT, AND THE POLK STREET AND PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS. (a) Purpose. In order to foster flexible and creative infill development while maintaining the character of the district, dwelling unit density is not controlled by lot area in RTO-1, RTO- M, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit exposure). However, to ensure an adequate supply of family-sized units in existing and new housing stock, new residential construction must include a minimum percentage of units of at least two bedrooms. In the Pacific Avenue and Polk Street Neighborhood Commercial Districts, and the Van Ness & Market Residential Special Use District, a dwelling unit mix requirement addresses the need for family-sized housing production in these districts. (b) Applicability. (1) This Section 207.6 shall apply in the RTO-1, RTO-M, RCD, NCT, DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs. (2) This Section shall apply to all applications for building permits and/or Planning Commission entitlements that propose the creation of five or more Dwelling Units. (3) This Section does not apply to buildings for which 100 percent of the residential uses are: Group Housing, Dwelling Units that are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student Housing (all as defined in Section 102 of this Code) or housing specifically and permanently designated for seniors or persons with physical disabilities. (4) This Section 207.6 shall not apply to applications for permits or entitlements to construct Accessory Dwelling Units or Junior Accessory Dwelling Units. (c) Controls. For all RTO-1, RTO-M, RCD and NCT districts, as well as DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs, one of the following three must apply: (1) no less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or (2) no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or (3) no less than 35% of the total number of proposed Dwelling Units shall contain at least two or three bedrooms with at least 10% of the total number of proposed Dwelling Units containing three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units. (d) Modifications. (1) In NCT, RCD, RTO-1, RTO-M and the Pacific Avenue and Polk Street NC Districts, these requirements may be waived or modified with Conditional Use authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria: (A) The project demonstrates a need or mission to serve unique populations, or (B) The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements. (2) In Eastern Neighborhoods Mixed Use Districts, these requirements may be waived in return for provision of family-sized affordable units, pursuant to Section 419 et seq. To receive this waiver, 100% of the total number of inclusionary units required under Section 415 et seq. or Section 419 et seq. shall contain at least two bedrooms. Also in Eastern Neighborhoods Mixed Use Districts, these requirements may be waived or modified through the Variance process set forth in Section 305, or in the case of projects subject to Section 329, through the procedures of that section. (3) In DTR Districts, these requirements may be modified per the procedures of Section 309.1. (4) In the Van Ness & Market Residential Special Use District, these requirements may only be modified pursuant to the procedures of Section 309, regardless of the underlying zoning district. (e) Monitoring. The Department shall monitor projects that choose Option (2) or (3) in subsection (c) above and shall include that data in the annual Housing Inventory starting in 2019.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008 ; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 98-17, File No. 160281, App. 5/19/2017, Eff. 6/18/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Division (b)(3) amended; Ord. 188-12 , Eff. 10/11/2012. Section header and divisions (b)(1), (b)(3), (c)(2), and (d)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Division (b)(3) amended; Ord. 56-13 , Eff. 4/27/2013. Division (d)(2) references corrected; Ord. 62-13 , Eff. 5/10/2013. Division (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; divisions (c) - (c)(2)(B) amended and redesignated as (c) - (c)(2); divisions (c)(3) and (e) added; Ord. 98-17, Eff. 6/18/2017. Section header and divisions (a), (b)(1), (c), (c)(3), (d)(1), and (e) amended; Ord. 205-17, Eff. 12/3/2017. Division (c) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), and (c) amended; division (d)(4) added; Ord. 126- 20, Eff. 8/31/2020. Division (b)(4) added; Ord. 62-24, Eff. 4/28/2024. Section header and divisions (a), (b)(1), (c), (d)(1), and (d)(2) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 207.7. REQUIRED MINIMUM DWELLING UNIT MIX. (a) Purpose. To ensure an adequate supply of family-sized units in new housing stock, new residential construction must include a minimum percentage of units of at least two and three bedrooms. (b) Applicability. (1) This Section 207.7 shall apply to all applications for building permits and/or Planning Commission entitlements that propose the creation of 10 or more Dwelling Units in all districts that allow residential uses, unless that project is located in the RTO-1, RTO-M, RCD, NCT, DTR, and Eastern Neighborhoods Mixed Use Districts, or in an area or Special Use District with higher specific bedroom mix requirements, or is a HOME SF project subject to the requirements of Planning Code Section 206.3. (2) This Section 207.7 shall not apply to buildings for which 100% of the residential uses are: Group Housing, Dwelling Units that are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student Housing (all as defined in Section 102 of this Code), or housing specifically and permanently designated for seniors or persons with physical disabilities, including units to be occupied by staff serving any of the foregoing residential uses. This Section 207.7 shall apply to Student Housing unless the educational institution with which it is affiliated has an Institutional Master Plan that the City has accepted, as required under Planning Code Section 304.5. (3) This Section 207.7 shall not apply to projects that filed a complete Environmental Evaluation Application on or prior to January 12, 2016, or to projects that have received an approval, including approval by the Planning Commission, as of June 15, 2017. (4) In accordance with Section 210.5, this Section 207.7 shall not apply to Commercial to Residential Adaptive Reuse projects. (5) This Section 207.7 shall not apply to applications for permits or entitlements to construct Accessory Dwelling Units or Junior Accessory Dwelling Units. (c) Controls. In all residential districts subject to this Section 207.7 , the following criteria shall apply: (1) No less than 25% of the total number of proposed dwelling units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units; (2) No less than 10% of the total number of proposed dwelling units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (c)(1). (d) Modifications. (1) These requirements may be waived or modified with Conditional Use Authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria: (A) The project demonstrates a need or mission to serve unique populations, or (B) The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements. (Added by Ord. 158-17, File No. 161351, App. 7/27/2017, Eff. 8/26/2017; amended by 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. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) (Former Sec. 207.7 added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 25-11, File No. 101464, App. 2/24/2011; repealed by Ord. 287-13, File No. 130041, App. 12/26/2013, Eff. 1/25/2014) AMENDMENT HISTORY Division (b)(4) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Division (b)(5) added; Ord. 62-24, Eff. 4/28/2024. Divisions (b)(1) amended; Ord. 245-25, Eff. 1/12/2026. Editor’s Note: For current provisions relating to demolition, merger, and conversion of dwelling units, see Sec. 317. SEC. 207.8. DIVISION OF DWELLING UNITS IN THE RTO, POLK STREET NCD, PACIFIC AVENUE NCD, AND NCT DISTRICTS. In order to ensure an adequate supply of family-sized units in existing and new housing stock, the subdivision of existing units is restricted. The division of any existing Dwelling Unit into two or more units in RTO, Polk Street NCD, Pacific Avenue NCD, and NCT districts shall be permitted only if it meets both of the following conditions: (a) The existing unit exceeds 2,000 occupied square feet or contains more than 3 bedrooms; and (b) At least one of the resulting units is no less than 2 bedrooms and 1,250 square feet in size. (Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017) AMENDMENT HISTORY Section header and undesignated introductory paragraph amended; Ord. 205-17, Eff. 12/3/2017. SEC. 207.9. MINIMUM DWELLING UNIT DENSITIES AND MINIMUM OFFICE INTENSITIES, USES “BY-RIGHT.” (a) Purpose. This Section 207.9 establishes minimum residential and commercial density standards in Transit-Oriented Communities, as identified by the Metropolitan Transit Commission, and implements the City’s Housing Element obligations pursuant to Government Code 65583, including requirements for both minimum densities and approval of certain projects on Housing Element Sites. Consistent with the Transit-Oriented Communities Policies of the Metropolitan Transportation Commission, this Section establishes the minimum Dwelling Unit densities for residential development and minimum intensities for Office use. Consistent with Government Code Sections 65583.2(c), and (h), this Section permits certain types of housing projects as a “use by right,” as that term is defined in Government Code Section 65583.2(i). (b) Minimum Dwelling Unit Density. (1) Applicability. (A) Transit-Oriented Community Tiers. This Section 207.9 applies to all projects proposing new construction of one or more Residential Buildings on sites that do not already contain Residential uses unless such uses are demolished, and that are located in the geographic areas or satisfy the applicability criteria described in Table 207.9. These minimum residential densities shall apply only in zoning Districts where Residential uses are permitted. Changes of use of existing building space to Residential use, additions of Residential use to