207.9

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

existing structures, and additions of Residential or Office uses to lots where such uses are already existing, and that are not proposed for demolition, are not subject to the requirements of this Section. (B) Housing Element Sites. Residential projects on sites identified pursuant to Government Code Section 65583.2(c) and (h) in which at least 20% of the units are set aside to households with incomes at 80% of Area Median Income or lower shall be approved “by-right” as that term is defined in Government Code Section 65583.2(i). (2) Minimum Densities. New construction proposing Dwelling Units on sites within the geographic areas described in Table 207.9 must provide at least the number of Dwelling Units specified in Table 207.9. Sites that meet more than one applicable Tier requirement in Table 207.9 shall comply with the higher minimum density. Fractions of units shall be rounded per Section 207(b)(1). For purposes of this Section 207.9, Accessory Dwelling Units shall count toward any minimum density requirement. (c) Minimum Office Intensity. (1) Applicability. This subsection (c) applies to all projects proposing new construction of Office use on sites that do not already contain Office uses, and that are located in the geographic areas or satisfy the applicability criteria described in Table 207.9; provided that the minimum Office intensities in this subsection (c) shall not exceed the amount of permissible Office use allowed in the District. These minimum densities shall only apply in Districts where Office uses are permitted. Changes of use of existing building space to Office use, additions of Office use to existing structures, and additions of Office uses to Lots where such uses are already existing, and that are not proposed for demolition are not subject to the requirements of this Section 207.9. (2) Minimum Intensity. New construction proposing Office use on sites within the geographic areas described in Table 207.9 must comply with the FAR requirements in Table 207.9. Table 207.9 MINIMUM DENSITIES REQUIRED FOR RESIDENTIAL DEVELOPMENT AND MINIMUM INTENSITIES FOR OFFICE USE

Applicability Minimum Dwelling Unit Density Minimum Intensity for Office Use Transit-Oriented Communities Tier 1: Sites within a half-mile of Embarcadero, Montgomery, Powell, or Civic Center BART stations; and Salesforce Transbay Transit Center.* 100 units per acre Floor Area Ratio 4:1 Transit-Oriented Communities Tier 2: Sites within a half-mile of 16th Street, 24th Street, Glen Park, or Balboa Park BART stations.* 75 units per acre Floor Area Ratio 3:1 Transit-Oriented Communities Tier 3: Sites within a half-mile of all Muni rail stops on the F, J, K, L, M, N, or T lines; Caltrain Stations; and Van Ness Bus Rapid Transit Stops (i.e. stops on Van Ness Avenue between and including Market Street and Union Street).* 50 units per acre Floor Area Ratio 2:1 Transit-Oriented Communities Tier 4: Sites within a half-mile of all ferry terminals, including the Ferry Building, 16th Street/Mission Bay, and Treasure Island; and all other locations subject to the applicability of Section 207.9.* 50 units per acre Floor Area Ratio 1:1 Sites identified as Reused Sites in the 2022 Housing Element Update.** 50 units per acre N/A Sites identified as Appropriate for Very Low Income or Low Income Households in the 2022 Housing Element Update.*** 50 units per acre N/A

* As used in Table 207.9, the distance of one-half mile shall be measured in accordance with the methodology established by the Metropolitan Transportation Commission. ** Housing Projects in which at least 20% of the units are set aside to households with incomes at 80% of Area Median Income or lower on sites in this category shall be approved consistent with California Government Code Section 65583.2(c) and (i). *** Housing Projects in which at least 20% of the units are set aside to households with incomes at 80% of Area Median Income or lower on sites in this category shall be approved consistent with California Government Code Section 65583.2(h) and (i). (d) Gross Floor Area. For purposes of determining the Gross Floor Area of a development Lot subject to this Section 207.9, the calculation shall exclude Gross Floor Area to be dedicated for publicly accessible streets. In instances where portions of a Lot are unbuildable due to topographic or geologic conditions, a development is proposed on only a portion of the Lot, or the Lot is otherwise constrained, the Zoning Administrator is authorized to determine that a smaller portion of a Lot shall serve as the development Lot. (e) Mixed-uses. For purposes of determining minimum Residential Density and Office Intensity, as long as one of the land uses satisfies the minimum Residential Density and/or Office Intensity the respective land uses are prorated to comply individually. (f) Conditional Use Authorizations for Projects that Fail to Comply with this Section. Projects that fail to comply with the objective standards in this Section 207.9 shall be considered non-code-compliant. If not otherwise prohibited by the Code, a project may not comply with the minimum Residential Density and Office Intensity, if the Planning Commission approves a Conditional Use Authorization. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) SEC. 207.10. MAXIMUM DWELLING UNIT SIZE. (a) Purpose. To encourage new infill multi-family housing, limit the proliferation and expansion of large houses that do not increase the housing stock of moderately-priced units, support the preservation of existing housing that serves lower- and middle-income households, and encourage maximizing residential density, this Section 207.10 sets forth citywide maximum Dwelling Unit sizes. (b) Applicability. This Section 207.10 applies to projects proposing to construct one or more Dwelling Units for which a Development Application is filed after January 31, 2026, and the project proposes any of the following: (1) construction of new Dwelling Unit(s), including the construction of a Dwelling Unit where an existing unit is proposed for demolition as defined in Section 317(b)(2); (2) merger of two or more Dwelling Units as defined in Section 317(b)(7); or (3) reduction in the number of existing Dwelling Units. (c) Requirements. Any project that meets one or more of the criteria in subsection (b) shall be restricted to a maximum Dwelling Unit size of 4,000 square feet of Gross Floor Area or an equivalent Floor Area Ratio for any individual Dwelling Unit of 1.2:1, whichever is greater, except in the following conditions: (1) any new construction project of four to nine Dwelling Units, where not more than one Dwelling Unit exceeds 4,000 square feet of Gross Floor Area; or (2) any new construction project of 10 or more Dwelling Units, where not more than 10% of such units exceed 4,000 square feet of Gross Floor Area. (d) Conditional Use Authorizations for Projects that Fail to Comply with this Section. Projects that fail to comply with the objective standards in this Section 207.10 shall be considered non-code-compliant. If not otherwise prohibited by the Code, a project may exceed the maximum Dwelling Unit size, without satisfying the conditions in subsection (c), if the Planning Commission approves a Conditional Use Authorization for the larger Dwelling Unit(s). (e) Conditional Use Criteria. In addition to the criteria outlined in Planning Code Section 303(c), in acting upon an application for Conditional Use Authorization, the Planning Commission shall consider whether facts are presented to establish based on the record before the Commission, that all of the following criteria are met: (1) the proposed project meets applicable Residential Design Guidelines, Citywide Design Standards, and other applicable adopted guidelines or standards; (2) the proposed project does not propose to reduce the size of any other existing Dwelling Unit or negatively impact the characteristics of a Residential Flat, as set forth in Section 317(g); (3) the proposed project increases the number of Dwelling Units on the Lot and, if applicable, meets the applicable minimum density requirement under Section 207.9; and