FILE NO. 241067
AMENDMENT IN COMMITTEE
3/17/2025
ORDINANCE NO. 39-25
[Planning, Building Codes - Interim Housing in Hotels and Motels]
Ordinance amending the Planning Code to allow tourist hotels and motels to be used
for Interim Housing without thereby abandoning or discontinuing the hotel use
classification under that Code; amending the Building Code to allow Interim Housing
without thereby changing the underlying occupancy classification of the property, and
amending Appendix P to remove restriction that emergency housing be located on land
owned or leased by the City; affirming the Planning Department's determination under
the California Environmental Quality Act; and 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 strikethreugh it8tics Times ,Vew Remanfent.
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, Land Use, and Related 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. 241067 and is incorporated herein by reference. The Board affirms
this determination.
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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(b) On December 12, 2024, the Planning Commission, in Resolution No. 21661,
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 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. 241067, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21661 and the Board incorporates such reasons
herein by reference. A copy of Planning Commission Resolution No. 21661 is on file with the
Clerk of the Board of Supervisors in File No. 241067.
(d) On November 20, 2024, the Building Inspection Commission considered this
ordinance at a duly noticed public hearing pursuant to Charter Section 4.121 and Building
Code Section 104A.2.11.1.1. A copy of a letter from the Secretary of the Building Inspection
Commission regarding the Commission's recommendation is on file with the Clerk of the
Board of Supervisors in File No. 241067.
(e) No local findings are required under California Health and Safety Code Section
17958. 7 because the amendments to the Building Code contained in this ordinance do not
regulate materials or manner of construction or repair, and instead relate in their entirety to
administrative procedures for implementing the code, which are expressly excluded from the
definition of a "building standard" by California Health and Safety Code Section 18909(c).
(f) To the extent the amendments contained in this ordinance reference existing
provisions of San Francisco Building Code Appendix P and could be considered "building
standards," California Government Code Sections 8698 through 8698.4 authorize the Board
of Supervisors to declare the existence of a shelter crisis upon a finding that a significant
number of persons within the jurisdiction are without the ability to obtain shelter, and that the
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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situation has resulted in a threat to the health and safety of those persons. These
Government Code provisions authorize the City to suspend strict compliance with state and
local statutes, ordinances, and regulations setting housing, health, or safety standards for new
public facilities opened to homeless persons in response to the shelter crisis, to the extent that
strict compliance would prevent, hinder, or delay the mitigation of the shelter crisis, and allow
the City to enact its own standards for the shelters that ensure basic public health and safety.
(g) In Ordinance No. 57-16, enacted on April 22, 2016, the Board of Supervisors found
that a significant number of persons within the City lack the ability to obtain shelter, which has
resulted in a threat to their health and safety. For that reason, and based on factual findings
set forth in that ordinance, the Board of Supervisors declared the existence of a shelter crisis
in the City pursuant to California Government Code Section 8698 through 8698.2.
(h) In Ordinance No. 60-19, enacted on April 4, 2019, the Board of Supervisors
affirmed that the shelter crisis was still ongoing, and that requiring homeless shelters located
on property owned or leased by the City to go through the standard building permitting
process for construction, repair and siting prevents, hinders and delays efforts to mitigate the
shelter crisis. Therefore, the Board adopted the optional, streamlined approval process
codified in Ordinance No. 60-19 in accordance with California Government Code Section
8698.4.
Section 2. General Findings.
(a) The tourism and hospitality sector of the San Francisco economy plays a vital role
in drawing visitors to the City in record numbers. But hotel occupancy declined precipitously
during the COVID -19 crisis. Although hotel occupancy rates have continued to climb upward
since they hit bottom in 2020, current occupancy rates are still below peak occupancy levels
in 2018 and 2019.
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
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(b) At the same time, the City lacks sufficient sites to provide shelter for persons who
are experiencing homelessness or are at risk of homelessness. The City continues to look for
ways to increase opportunities for emergency housing locations, through both shelter options
and permanent supportive housing.
(c) In Ordinance 92-22, enacted on June 24, 2022, the City created the Places for All
Program, which states that it is the policy of the City to offer to every person experiencing
homelessness in San Francisco a safe place to sleep. While the first priority is expanding
opportunities for safe, affordable, and permanent housing for all residents, the Places for All
Program commits the City to exploring opportunities for people experiencing homelessness to
have temporary shelter through the following: Navigation Centers, adult emergency shelters,
crisis stabilization units, family shelters, hotel placements, Safe Overnight Parking Lots, non-
congregate cabins, Safe Sleep Sites, other non-congregate shelter, and shelters for
transitional aged youth ("TAY").
(d) Interim Housing is a form of shelter where program participants have individual
rooms, with shared amenities such as kitchens, pantries, and laundry facilities. Residents
have access to on-site case managers, other supportive services, and additional resources
needed to build self-sufficiency.
(e) California Civil Code Sections 1954.08 through 1954.093 provide that individuals
occupying a shelter located in a hotel or motel are not tenants, and do not have a tenancy or
hotel-customer relationship with the hotel operator. It also provides that a hotel or motel may
not be designated a nontransient hotel or motel solely as a result of a shelter participant's
stay.
(f) The Department of Homelessness and Supportive Housing C'HSH"} has expertise
working closely with building owners, non-profit providers, and clients to responsibly wind-
down shelter programs in a client-centered manner. In advance of any Interim Housing
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ceasing its operations, HSH has stated that it intends to offer program participants a housing
assessment through the City's Coordinated Entry system. HSH intends to offer housing to any
such participants who are designated as housing referral status through that assessment and
a comparable shelter placement while the participant awaits housing placement. Participants
who are not eligible for City-funded housing will be offered a comparable shelter bed, if
available. All program participants will at minimum be offered a congregate shelter placement
prior to the closure of the Interim Housing. Prior to the closure of the Interim Housing. HSH
intends to notify community stakeholders.
!gl While the hotel industry continues to recover and evolve, the public interest would
be served if underutilized hotels and motels could provide much needed Interim Housing. It is
reasonable for the City to partner with underutilized and vacant hotels and motels to provide
safe housing and services for individuals in need of housing.
illlJm It would be unreasonable and counter to the public interest to require that
tourist hotels and motels used as Interim Housing lose their underlying tourist use designation
and occupancy classification under the Planning and Building Codes. Accordingly, this
ordinance provides just the opposite, that hotels and motels used as Interim Housing will
retain their tourist use designation and occupancy classification under the respective codes.
(i} Many hotels and motels are currently staffed by union-represented workers.
Nothing in this ordinance is intended to interfere with successorship principles under federal
law.
(j) Historically and programmatically, HSH works with their contracted service
providers to try and retain any existing staff. This practice encourages continuity and offers
existing workers the opportunity to continue employment in their existing capacities.
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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Section 3. The Planning Code is hereby amended by adding Section 202.15 and
revising Section 317, to read as follows:
SEC. 202.15. INTERIM HOUSING IN HOTELS AND MOTELS.
(a) Purpose. This Section 202.15 is intended to create additional opportunities to locate
shelters for persons experiencing homelessness or at risk of homelessness where those persons can
receive on-site supportive services. Interim Housing can help reduce the likelihood of negative
outcomes for people experiencing homelessness or at risk of experiencing homelessness. Tourist
Hotels and Motels are authorized under the Planning Code as separate uses, both of which are
considered part of the Retail Sales and Service use category. Hotels and Motels are generally designed
to offer privacy for individuals or small groups o(individuals in a non-congregate setting while also
providing a common space for gathering and various services. This layout and structure is a natural fit
.for Interim Housing, where individuals or small groups o(individuals may desire or need private
accommodations while still needing certain supportive services. At the same time, Tourist Hotels and
Motels may not desire to locate Interim Housing on their premises, i(it would result in the loss of the
underlying Hotel or Motel use. This Section allows Tourist Hotel and Motel operators to locate Interim
Housing, as defined, on their properties without losing the underlying Hotel or Motel use.
(b) Definitions. For purposes of this Section 202.15, the following definitions shall apply.
"Client" means any person residing in or seeking to reside in Interim Housing, and includes
any dependent children under the age of I 8.
"Interim Housing" means a Residential use located on land owned or leased by the City, or
provided through a contractual arrangement between the City and a third party, that provides shelter
to Clients experiencing homelessness or at risk of homelessness, and provides on-site supportive
services. including, without limitation, intake and assessment of Clients' needs. outreach to the Clients
to assist them with health or social needs. management of the health or social needs of Clients, and
referrals for services to the Clients.
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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(c) Interim Housing Use Authorized. ARY Hotel or Motel identified in this subsection
202.15(c) ~may operate all or any portion ofits premises as Interim Housing without abandoning
or discontinuing its land use authorization as a Hotel or Motel under the Planning Code. irrespective
of whether such existing Hotel or Motel use is a principally permitted conditionally permitted or
nonconforming use. This authorization shall not be interpreted to exempt the Hotel or Motel use from
any provision of the Planning Code. Any Interim Housing use authorized pursuant to this Section
202.15 shall be permitted for no more than 90 days after the shelter emergency pursuant to
Government Code Section 8698. 4 is terminated.
Interim Housing is authorized at only the following locations: Block 3519, Lot 006.
(d) Application. The property owner or the property owner's authorized agent (in either case,
"Applicant") shall submit an application for Interim Housing use to the Planning Department. on a
form prepared by the Planning Department. The application shall include an affidavit signed by the
Applicant. and the property owner. if the Applicant is not the property owner. detailing the proposed
Interim Housing use of the property. A Hotel or Motel identified in subsection (c) and existing
after April 1, 2025 may apply to establish Interim Housing pursuant to this Section 202.15
without losing its Hotel or Motel use.
(e) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or
commencement of the Interim Housing authorized under this Section 202.15 shall not be considered a
conversion, discontinuance. abandonment. or change of use for purposes ofthis Code, notwithstanding
Sections 178 and 183 of this Code. or any other related provisions. Any Hotel or Motel use established
as of the time the Interim Housing use shall continue to be authorized under the Planning Code for as
long as such property is used for Interim Housing pursuant to this Section 202.15.
CO Application of Other Development Controls and Requirements. The Interim Housing use
that is authorized pursuant to this Section 202.15 shall not be required to comply with development
standards applicable to new residential uses. including but not limited to density. rear yard, open
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space, exposure, and other requirements set forth in Articles 1.2, 1.5, or 2 of the Planning Code. The
Interim Housing use shall not be subiect to any development impact fees or development requirements
set forth in Article 4 of the Planning Code as a prerequisite to obtaining authorization pursuant to this
Section 202.15.
<g} Termination of Interim Housing Use. Prior to the termination of the Interim
Housing use authorized under this Section 202.15. the Department of Homelessness and
Supportive Housing ("HSH"} shall work with the Interim Housing service provider. if any, to
relocate existing program participants prior to the time the Interim Housing use terminates.
No less than one year prior to expiration of any agreement to provide Interim Housing, the
property owner or landlord shall provide notice to HSH of its intent to not renew any
agreement with the City or Interim Housing provider, in order to allow HSH and the service
provider time to assist in relocating existing program participant of the Interim Housing.
SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH
DEMOLITION, MERGER, AND CONVERSION.
* * * *
(c) Applicability; Exemptions.
* * * *
(11) If a Hotel or Motel is lawfully authorized for Interim Housing use in accordance
with Planning Code Section 202.15, and such use ceases, the abandonment, cessation. or termination
of Interim Housing use shall not be considered a Residential Conversion.
* * * *
Section 4. Chapter 1A and Appendix P of the Building Code are hereby amended by
revising Section 106A (specifically Section 106A.2) and Section P101.1, to read as follows:
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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106A.2 Work exempt from permit. [Section 105.2 of the California Building Code.]
Exemptions from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction. A building permit shall not be required for
the following:
* * * *
t25. ➔ Use ofa hotel or motel for Interim Housing use, as defined and authorized in Planning
Code Section 202.15, as may be amended from time to time, where the Department confirms the hotel
or motel meets the minimum fire and safety requirements set forth in Section P 111 of Appendix P to this
Code. The use of a hotel or motel or any units within a hotel or motel for Interim Housing shall not
change the underlying occupancy classification of the property.
SECTION P101 - GENERAL
P101.1 Scope. This appendix shall be applicable to emergency housing and
emergency housing facilities, as defined in Section P102. The provisions and standards set
forth in this appendix shall be applicable to emergency housing established pursuant to the
declaration of a shelter crisis under Government Code section 8698 et seq. and located in
new or existing buildings, structures, or facilities owned, operated, erected, or constructed by,
for, or on behalf of the City and County of San Francisco 0n land mt·ned 0r kfJSed hy the City and
Ceunty of&tn Franeise0.
Section 5. 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.
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
BOARD OF SUPERVISORS
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Section 6. 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
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl
AUSTIN M. YANG
Deputy City Attorney
n:\legana\as2024\2500120\01827 473.docx
Mayor Lurie; Supervisors Sauter, Dorsey, Mandelman
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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:
241067
Date Passed: March 25, 2025
Ordinance amending the Planning Code to allow tourist hotels and motels to be used for Interim
Housing without thereby abandoning or discontinuing the hotel use classification under that Code;
amending the Building Code to allow Interim Housing without thereby changing the underlying
occupancy classification of the property, and amending Appendix P to remove restriction that
emergency housing be located on land owned or leased by the City; affirming the Planning
Department's determination under the California Environmental Quality Act; and 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.
•
February 10, 2025 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR
March 10, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
March 10, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
March 17, 2025 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
March 17, 2025 Land Use and Transportation Committee - DUPLICATED AS AMENDED
March 17, 2025 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
March 18, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
March 25, 2025 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 9 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar
and Sherrill
Excused: 2 - Sauter and Walton
Pagel
Printed at 12:16 pm on 3/26125
File No. 241067
City and County of San Francisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
3/25/2025 by the Board of Supervisors of the
City and County of San Francisco.
t_ Angela Calvillo
Clerk of the Board
Date Approved
Printed at 12:16 pm on 3/26125
