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)