Ordinance No. 0145-18
Ord. No. 0145-18
in effectFILE NO. 180187
ORDINANCE NO. 145-18
[Planning Code - Reauthorizing Section 210.3C Concerning New Production, Distribution, and
Repair Space]
Ordinance amending the Planning Code to reauthorize provisions that support the
development of new Production, Distribution, and Repair (PDR) space in specified PDR
Zoning Districts; affirming the Planning Department's determination under the
California Environmental Quality Act; making findings of consistency with the General
Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of
public necessity, convenience, and welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethroitgh italics Times New Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 180187 and is incorporated herein by reference. The Board affirms
this determination.
(b) On May 3, 2018, the Planning Commission, in Resolution No. 20175, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City's General Plan and eight priority policies of Planning Code Section 101.1. The Board
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adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 180187, and is incorporated herein by reference.
(c) On May 3, 2018, the Planning Commission, in Resolution No. 20175, adopted
findings under Planning Code Section 302 that the amendments to the Planning Code
contemplated in this ordinance will serve the public necessity, convenience, and general
welfare. The Board adopts these findings as its own. A copy of said Resolution is on file with
the Clerk of the Board of Supervisors in File No. 180187, and is incorporated herein by
reference.
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Section 2. The Planning Code is hereby amended by revising Section 210.3C, to read
as follows:
SEC. 210.3C. ALLOWANCE FOR USES TO SUPPORT THE DEVELOPMENT OF
NEW PDR SPACE IN THE PDR-1-D AND PDR-1-G DISTRICTS.
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(c)
Controls. The Planning Commission may permit, per the procedures described
below in S~ubsection (d), non-PDR uses on the subject lot pursuant to the following
provisions:
( 1) At least 1 /3 of the total Gross Floor Area developed on the parcel shall
contain PDR Uses, as defined in Section 102.
(2) For purposes of this S~ubsectionifl, every square foot of Small Enterprise
Workspace, as defined in Section 102, shall count as 0.5 square feet of PDR space and 0.5
square feet of non-PDR space as specified in S~ubsection (3) below.
(3) The non-PDR space may contain one or a combination of the following
uses:
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(A) Office Uses, as defined in Section 102;
(B) Institutional Uses, as defined in Section 102, except for Hospitals;
and/or
(C) Gym Use, as defined in Section 102.
(4) Uses other than those listed in &~ubsections (2) and (3) above, such as
retail, are subject to the controls of the underlying district.
(5) No residential uses are permitted, even as part of Institutions as defined
under Section 890.50, except as allowed pursuant to Section 204.4.
(6) The PDR space in any building must be served by:
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(A) Sufficient off-street loading, and
(B) One or more freight elevators, in accordance with Planning Code
Section 155U).
(7) The project shall meet the Transportation Management Program
requirements of Section 163(c) of the Planning Code.
(8) Accessory parking for uses listed in subsection (2) above may be permitted
up to one space per each 1,500 square feet of occupied floor area, and all such parking shall
be subject to the pricing requirements of Section 155(g) ofthe Planning Code.
(9) The project sponsor must develop a "PDR Business Plan." The purpose of
this PDR Business Plan is to maximize the potential for the project to produce new PDR
space that is viable and affordable. The features of the PDR Business Plan should include,
but are not limited to:
(A) Overall strategy to incorporate PDR businesses, including specifying
which kinds of PDR businesses are the target for the development;
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(B) A description of the kinds of non-PDR businesses intended for the
site and a plan for how they will co-exist with the PDR businesses and any strategies required
to achieve this balance;
(C) A description of how the site's marketing and outreach plan will
effectively target these same PDR businesses;
(D) A description of how the development's design is suited to PDR
businesses;
(E) A description of the rent/purchase price proposed by the developer
for the PDR spaces and the approach to keep these rents accessible affordable to PDR tenants
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over time;
(F) A detailed overview of the workforce and hiring strategy for the PDR
businesses on the site, as well as for the non-PDR businesses, including how the project
sponsor will abide by City programs such as the First Source Hiring Program; how the project
sponsor might utilize other local, State, and federal subsidized hiring programs such as work
opportunity tax credits, Jobs Now!, Hire SF, and the California new-employment tax credit set
forth in Chapter 93 of the California 2013-2014 legislative session; and how the project
sponsor will inform its tenants about other relevant public programs; and,
(G) A detailed community outreach plan, including a plan for engaging
any specific community partners in the development, tenanting of the project, and ongoing
management of the PDR portions of the property.
(10) The first Certificate of Occupancy for the PDR portion of the development
must be issued by the Department of Building Inspection before or concurrently with the first
Certificate of Occupancy for the non-PDR portion of the development unless the PDR and
non-PDR portions are part of a single site or building permit.
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(e) Approvals.
(1) All projects seeking entitlement pursuant to this Section 210.3C shall be
required to receive a Conditional Use authorization, per Section 303 of the Planning Code. In
evaluating a proposed authorization under this Section, the Planning Commission shall
consider:
(A) The likely viability of the new PDR space created by the
development, as influenced by such factors as the content of the project sponsor's PDR
Business Plan, and whether the project sponsor has the commitments of established PDR
tenants and/or a demonstrated relationship with organizations established in the PDR
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community.
(B) Whether the project is an appropriate location and intensity for the
proposed non-PDR use, including but not limited to whether the location of non-PDR uses
would be compatible with or disruptive to PDR uses on the site and in the vicinity, recognizing
that PDR uses may generate noise, vibrations, odors, trucking activity, or other PDR-related
operational characteristics.
(2) A Notice of Special Restriction ("NSR") shall be recorded on the title of any
property receiving approval under this Section -2--1--9--c-J.210.3C. Such NSR shall:
(A) Designate the PDR portion of parcel, building, and/or development;
(B) State that the proportion of gross floor area on the site dedicated to
PDR uses shall never be less than 1/3 of the total gross floor area on the parcel, including any
future building or use alterations or expansions;
(C) Require the property owner to submit an annual report to the
Planning Department and OEWD, on or before January 31 of each year, starting in the vear
. after the Department of Building Inspection issues the first Certificate of Occupancv that applies to the
FDR portion ofthe development, describing the status of the implementation of its PDR Business
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Plan, identifying PDR tenants on the property during the prior year, describing the rents for the
PDR portions of the property and any lease terms, and providing information on their
respective square footages, number of employees, contact information for each tenant, a
description of the business or industry characteristics of each business, and the PDR space
vacancy on the parcel as of the date of each report; end,
(D) Provide the Planning Department with the ability to enforce the
provisions of this Section:-" and,
(E) Restrict the ability of the non-PDR portion of the development from
limiting the PDR portion from undertaking activities necessary to maintain PDR business
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operations in such matters as trucking and noise generation.
(f) Reporting and Sunset Clause.
(1) The Planning Department shall receive all applications.for environmental revicr1·
for projects eligible under this Section on or before June 1, 2017.
(2) Prior to the sunset date of this Section, the Planning Department shall submit a
report to the Planning Commission and the Board a:fSupervisors that provides information the
Planning Department determines to be relevant in determining whether to continue, expand or limit the
allowaHces for Hew construction of PDR addressed il'I this Section.
(3) On December 31, 2017, this Scctiol'I shall sunset unless the Board a/Supervisors
acts to coHtinue, extend, or modtjj; it by ordinance.
fgf Uses Established Under This Section. Notwithstanding any contrary provision
of this Code, Office Uses established pursuant to this Section 210.3C shall be deemed Code-
conforming uses after the expiration of this Section and such uses shall not constitute
nonconforming uses under the provisions of Article 1.7.
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Section 3. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
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additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
/ JOHT'J D. MALAMU7
(
Dep~ty City Attorney
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Supervisor Cohen
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
180187
Date Passed: June 19, 2018
Ordinance amending the Planning Code to reauthorize provisions that support the development of
new Production, Distribution, and Repair (PDR) space in specified PDR Zoning Districts; affirming
the Planning Department's determination under the California Environmental Quality Act; making
findings of consistency with the General Plan, and the eight priority policies of Planning Code,
Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code,
Section 302.
June 04, 2018 Land Use and Transportation Committee - RECOMMENDED
June 12, 2018 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani,
Tang and Yee
June 19, 2018 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani,
Tang and Yee
File No. 180187
Mark E. Farrell
Mayor
City a11d Co1111ty of Sau Francisco
Pages
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
6/19/2018 by the Board of Supervisors of
the City and County of San Francisco.
Date Apprbved
Printed at 2:46 pm 011 6120118
References
amendsSec. 210.3
amendsSec. 210.4
Source: sf_ordinance_pdfURL: http://sfbos.archive.sf.gov/sites/default/files/o0145-18.pdfFetched: 7/4/2026