SEC. 802.6. DOWNTOWN RESIDENTIAL DISTRICTS.
Throughout the Planning code, the term "Downtown Residential Districts" or "DTR Districts" refers to the following districts: Rincon Hill Downtown Residential District (RH-DTR) and
South Beach Downtown Residential District (SB-DTR).
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)
SEC. 803. MIXED USE DISTRICT REQUIREMENTS.
(See Interpretations related to this Section.)
The Mixed Use District zoning control categories are listed in Sections 803.2, 803.3 and 825 of this Code. Related building standards and permitted uses are generally stated, summarized
or cross-referenced in those Sections or in the zoning control tables for each Mixed Use district, or referenced in Section 899 of this Code.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)
AMENDMENT HISTORY
Section amended; Ord. 208-19, Eff. 10/21/2019.
SEC. 803.1. [REPEALED.]
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)
SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.
(See Interpretations related to this Section.)
(a) Zoning Control Tables. Each Chinatown Mixed Use District has a corresponding Zoning Control Table that details the basic development standards and Use controls for the
respective district. Zoning control tables are explained in Section 202.1 of this Code. Permitted Uses, Conditionally Permitted Uses, and Uses that are not permitted in the zoning districts
described in this Section 803.2 are detailed in the corresponding zoning control tables.
(b) Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise
specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an Outdoor
Activity Area, Neighborhood Agriculture, Wireless Telecommunications Services Facility, and uses which by their nature are to be conducted in an open lot or outside a building.
(c) Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 803.2(d) of this Code as an Accessory Use, then each of these uses
will be considered separately as an independent permitted, conditional, temporary, or not permitted use.
(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other
Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located on
the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of
this Code. Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or products other than cannabis and cannabis products is not allowed as an accessory
use to any other principal use.
No use in a Chinatown Mixed Use District will be considered accessory to a Principal Use which involves or requires any of the following:
(1) The use of more than one-third of the total floor area occupied by both the Accessory Use and the Principal Use to which it is accessory, combined, except in the case of accessory
off-street parking;
(2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site;
(3) 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 and excluding storage and
waiting areas) in a retail grocery or specialty food store;
(4) The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such
foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section
703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.
(5) Medical Cannabis Dispensaries.
(6) AAny General Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et seq., or one that does not require a
Limited Live Performance Permit as set forth in Police Code Section 1060.1(e).
(7) Cannabis Retail.
(8) An Adult Sex Venue as defined in Section 102 of this Code.
No part of this subsection (d) shall prohibit take-out food activity which operates in conjunction with a Restaurant or Limited Restaurant, which includes takeout food as an accessory
and necessary part of its operation.
(e) Temporary Uses. Uses not otherwise permitted are permitted in Chinatown Mixed Use Districts to the extent authorized by Sections 205, 205.1, or 205.2 of this Code, except that
Temporary Cannabis Retail Uses shall not be permitted in Chinatown Mixed Use Districts.
(f) Not Permitted Uses.
(1) Uses which are not listed in this Article 8 are not permitted in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be Permitted Uses in accordance
with Section 307(a) of this Code.
(2) No use, even though listed as a Permitted Use or otherwise allowed, shall be permitted in a Chinatown Mixed Use District which, 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.
(3) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1).
(4) No off-street parking garage installations or new curb cuts are permitted on the alleyways in the Chinatown Mixed-Use Districts.
(g) Other Chinatown Mixed Use District Provisions.
(1) Garages in Existing Residential Buildings. Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the
Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Planning Commission shall find that:
(A) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this
Code;
(B) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate
amount;
(C) the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (12) of the Administrative Code, with each eviction
associated with a separate unit(s) within the past 10 years, and
(D) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code.
Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the