,flLE NO. 250540
SUBSTITUTED
6/10/25
ORDINANCE NO. 116-25
[Planning Code - Temporary Use Authorizations]
Ordinance amending the Planning Code to streamline and simplify the process for
obtaining and extending temporary use authorizations, implement standard
requirements for any temporary use authorization, and permit as temporary uses
seasonal political campaign offices for up to one year, and extend the maximum time
period for a Pop-Up Retail temporary use to three years; 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 making findings of public necessity, convenience,
and welfare pursuant to 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 strik~through italics Times Ne,F Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial 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. 250540 and is incorporated herein by reference. The Board affirms
this determination.
Mayor Lurie; Supervisors Engardio, Sauter, Sherrill, Mandelman
BOARD OF SUPERVISORS
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(b) On June 26, 2025, the Planning Commission, in Resolution No. 21759, 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. 250540, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the 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. 21759, and the Board incorporates such
reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of
Supervisors in File No. 250540.
Section 2. General Background and Findings.
(a) San Francisco's fragmented and protracted permitting processes hinder small
businesses and impede housing development. A fast, predictable, and transparent permitting
process will create new jobs, businesses, and homes, as well as facilitate the City's economic
recovery from the COVID-19 pandemic. Commonly referred to as "PermitSF," the City's effort
to reform permitting consists of improving the customer experience by streamlining approval
processes; promoting government accountability to provide certainty about the delivery of
government services; and centralizing technology to create a single point of permitting
access.
(b) This ordinance enhances customer experience by removing barriers to ground floor
uses in downtown, where economic recovery continues to lag behind other neighborhoods.
Removing the conditional use requirement will streamline the approval of certain non-retail
sales and service uses-including office uses-in the C-3 (Downtown Commercial) Districts
through December 31, 2030.
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(c) This ordinance also streamlines the approval of sales and service uses on the
upper floors in RC districts (Residential-Commercial Districts) by removing the conditional use
requirement for retail sales and service uses and removing the prohibition on non-retail sales
and service uses on the upper floors.
(d) Empty storefronts are currently pervasive throughout San Francisco, which is
having a harmful effect on the health and well-being of the City's commercial corridors. In
addition, previously approved development projects are not moving forward, resulting in
empty land or buildings, which may become underutilized, vacant, and economically
unproductive for prolonged time periods.
(e) Occupying and activating such land or buildings with temporary activities, would
create an active and vital street frontage, generate economic activity, create jobs, deter crime
and nuisance activities, and enhance the vitality of the public realm near or within such land or
buildings.
(f) Low-barrier planning permits such as temporary use authorizations enable
appropriate uses, such as retail, arts, and community service organizations, to operate out of
unused or underused vacant storefront properties. Such activation serves the dual purposes
of allowing these vital services to remain and thrive in San Francisco, and activating the
vacant spaces.
(g) Activating such land or buildings with temporary uses will also help ensure the
proper upkeep and maintenance of such land and buildings, while encouraging property
owners to provide invaluable and scarce space for arts activities, light industrial uses, retail or
institutional uses, and other land uses.
Mayor Lurie; Supervisors Engardio, Sauter, Sherrill, Mandelman
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Section 3. Article 2 of the Planning Code is hereby amended by revising Sections 205,
205.1, 205.2, 205.3, 205.4, 205.5, deleting 205.6, renumbering existing Sections 205.7, and
205.8 as Section 205.6 and 205.7 respectively and revising such sections, to read as follows:
SEC. 205. TEMPORARY USES, GENERAL.
(a) Purpose. Sections 205 et seq. ofthis Code provide for streamlined consideration o(time-
limited, non-permanent establishment of certain temporary uses, in specific locations. and for specified
durations, as provided below.
(b) Temporary Uses Authorized. The authorized temporary uses listed in Sections 205..££
seq .. 1 through 205. 7, where not otherwise permitted in the district, may be authorized as provided
-therein and in this Section 205, up to the time limits indicated. Further time for such uses may be
authorized only by action upon a new application, subject to all the requirem,ents f-or the original
application, unless otherwise indicated in Sections 205.1 :,¼rough 205. 7. In the event o(a conflict
between the controls in Sections 205 et seq. and the controls of the applicable District, including any
voter initiative. Sections 205 et seq. shall apply; provided that. pursuant to Section 703. 4, Formula
Retail uses are not permitted as Temporary Uses in Neighborhood Commercial Districts.
(b) Action bfJJOn such uses may be authorized by the Pkmning Director 'rFithout a public
hearing.
(c) Existing Temporary Uses. Wherever a use exists ona-t the effective date of this
Code or of an amendment thereto under which such use is classified as a temporary use, or
wherever a use is being conducted under a temporary use authorization given prior to such a
date, such use may be continued for the maximum term specified therefor, calculated from
said effective date or date of authorization. No such use shall continue thereafter unless a
temporary use authorization is has been sm1ght and obtained under a new application.
Continuance of a temporary use beyond the date of expiration of the period authorized
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therefor, or failure to remove a structure for such temporary use within 10 days thereafter,
shall constitute a violation of this Code.
( d) Calculation of Time. Unless otherwise specified, t+he time periods referenced in this
Sections 205 et seq .. 1 through 205. 3 and Sections 205. 5 through 205. 7 are consecutive hours or
consecutive calendar days; they are not the total number of hours or days that the use is in
operation. Therefore, a 24-hour authorization that begins at 6:00 a.m. expires at 6:00 a.m. the
following day, even if the use was in operation only eight hours of that 24-hour period.
Similarly, a 60-day authorization expires after 60 calendar days even though the use may only
have been open for business three days per week during that 60-day period. Hours or days of
unused authorization cannot be stored or credited.
( e) Any temporary uses cruthorizcdpursuant to this Section 205 and Sections 205.1 through
205. 7 shell ,wt be required to c0,1nply with en:y Plam1ing Code requirements that ere not expressly
applicable to such tempornry uses under this Section 205 and Sections 205.1 through 205. 7, provided,
hoH1ever, any temporary uses authorizedpurtmcmt to this Section 205 end Sections 205.1 through 205. 7
shall be subject to ell applicable initiative ordinances approved by the voters of the City and County of
San Francisco.
ff) Application, Appeals, and Renewal. The Planning Director or the Planning Director's
designee shall have authority to approve or deny an application for temporary use authorization, and
may act upon an application without a public hearing. The decision ofthe Planning Director to
authorize or deny euthorization ef any temporary use pursuant to thi-s Section~ 205 et seq. ancl
Sections 205.1 through 205. 7 may be appealed to the Board of Appeals within 15 days after the
date of the decision by filing a written notice of appeal with that body. The Planning Director or
Director's designee may authorize additional time for a temporary use by action upon a new
awlication, subject to all the requirements for the original application, unless otherwise indicated in
Sections 205 et seq.
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(f) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or
commencement of a temporary use authorized under Sections 205 et seq. shall not be considered a
conversion, discontinuance, abandonment, or change ofthe authorized land use(s) preceding the
temporary use authorized under Sections 205 et seq. Any property for which the temporary use is
authorized shall retain its preceding authorized land use(s).
(g) Multiple Temporary Uses. Authorization of an Interim Activity under Sections 205 et seq.
at a given property or for a given use shall not preclude the concurrent authorization of any other
temporary uses recognized in this Section.
(h) Additional Permits. Authorization of a temporary use under Sections 205 et seq. does not
waive the requirement to obtain any additional authorization that may be required by the San
Francisco municipal Code, including but not limited to permits required by the Health Code or
Building Code.
SEC. 205.1. TEMPORARY USES: SIXTY-DAY LIMIT.
A temporary use may be authorized for a period not to exceed 60 days for any of the
following uses:
(a) Neighborhood carnival, exhibition, celebration or festival sponsored by an
organized group of residents in the vicinity or, in Neighborhood Commercial, Mixed Use, PDR,
C, or M Districts, sponsored by property owners or businesses in the vicinity;
(b) Booth for charitable, patriotic or welfare purposes;
(c) Open air sale of agriculturally produced seasonal decorations, including, but not
necessarily limited to, Christmas trees and Halloween pumpkins;
(d) Pop Up .Ret€lil, which is €l tel'l'lj)Or€lry1 .Ret€lil Use permitted within either €l 1;€lc€lnt
commerci€ll sp€lce or €l spcwe occupied hy €l !egelly est€lhlished Commerci€ll Use. If the Pop Up Ret€lil
use is i,q fl Residenfi€ll District then the tel'l'lj)Orcwy Pop Up Retflil use may not serve €lleohol or hflve
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hours ofoperationpast 10:00pm, and such use shall not be permitted within six months ofthe date a
prior Pop Up Retail use began its occuptmcy of the same commercial space.
fe:)-Within the C-3 District, installation of a temporary Sign, other than a General
Advertising Sign, or a temporary decorative or artistic display or installation. Such Sign or
installation shall have a maximum height of 16 feet above the roofline of the building to which
it is affixed.
SEC. 205.2. TEMPORARY USES: ONE- TO THREE SEVEN-YEAR LIMIT.
(a) Temporary authorization for a period not to exceed one year.
* * * *
(2) Pop-Up RetailAet-ivati0ns. Pop-Up Retail is a time-limited Retail, Nighttime
Entertainment, General Entertainment, or Arts Activities use permitted within either a vacant
commercial space or a space occupied by a legally established Commercial Use. Pop-Up Retail may
be authorized and renewed as a temporary use for up to three years. Activations are temporary l'lon
Reside1qtial uses, including but not limited to Pop Up Retail, Entertainment, or Arts Acth,ity uses,
permitted ~within either a vacant space last occupied by a lVon Residential use or a space occupied by a
legally established Non Residential use, and that is located H'ithin a C 3 wning district or a C 2 zoNi,"'l:g
district that is east of or fronting Franklin/I 3th Street tmd north of Townsend Street or within an ATC,
ll/CT, or Afixed Use District that is south &jAefarket Street, north of Townsend1Division/13th Streets,
and east ofSouth Van ]Vess Avenue. Stwh uses may include ,l?ormula Retail ttses so long as Formula
Retail uses are principally permitted in the underlying zoning. Any Pop-Up Retail use shall satisfy all
ofthese requirements:
(A) Operate within the principally permitted hours of operation ofthe
applicable Zoning District; provided that any Pop-Up Retail use located within a Limited Commercial
use may not have hours ofoperation past 10:00 p.m.
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(B) Not be located within a Residential District, unless the temporary use is
located within a Limited Commercial use.
(C) Comply with the fenestration, transparency, and any other visibility
requirements of Section 145.1 of this Code,· provided that the these requirements shall not apply to the
Pop-Up Retail for the first 60-days of the use.
(3) Temporary General Office uses for seasonal political campaigns in zoning districts
other than P DR Districts, and Residential Districts, unless the temporary use is located within a
Limited Commercial use.
(b) Temporary authorization for a period not to exceed two years.
( 1) Temporary structures and uses incidental to the construction of a building or
group of buildings on the same or adjacent premises, or on a Lot within one-hal[mile of the
premises when required due to land availability and circulation patterns. Where the temporary
structures and uses are incidental to a project constructing at least 500,000 new gross square feet, said
temporary structures and uses may be located on a Lot within two miles ofthe premises when required
due to land availability and circulation patterns.-;-
(2) Rental or sales office incidental to a new residential development, not
including the conduct of a general real estate business, provided that it be located within the
development, and in a temporary structure or part &fa dwelling. A ternporary use may be authorized
for a period not to exceed one year (including any extensions) for the follmvingyear.
(3) Temporary uses under subsections (b)(I) and (b)(2) may not be renewed following
the issuance ofthe First Certificate of Occupancy, as defined in Section 401, (or the last building ofa
project.
__
_.C..:...4)'--ln any M-1 or M-2 District, an Automobile Wrecking use as defined in
Section 102 of this Code, provided if the operation would be a conditional use in the district in
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question, that the Planning Director determines the operation will meet within 90 days of
commencing operation all conditions applicable to such use in that district.
(c) Tetnporary authorization for a period not to exceedfive years, with exceptions as spec(fied
herein.
(1)
Vehicle Triage Centers or Safe Parking Program sites.
(A} On parcels designated and ac1thorized, as apJJlicable, for Nse as Vehicle
Triage Centers or Safe Parking Program sites, temporary long term parking of and overnight camping
in vehicles, and ancillary Nses in portable, temporary structures inclNding administrati·,•e offices,
restrooms, shmvering or bathing facilities, kitchen or other food preparation facilities, and eating
areas, may be permitted, subject to compliance with all other kfunicipal Code requirements, including
but not limited to the Overnight Scife Parking Pilot Program, Administratiw Code Chapter 119, Article
(BJ The Direct+Jr ,rnay aNthori2e up to two extensions &jthis temporary use for a
maximum ofsix months each, based on public health cmd scifety considerations or delay in approval or
operation ofthe site as a Vehicle Triage Center or Safe Parking Program sile.
(d) Temporary authorization for a period not to exceed seven years. Temporary Cannabis
Retail Use, as prm•ided by Section 191, to be cmthorized 1w earlier than Jam;tary 1, 2018 and to expire
on December 31, 2024. This is the only type of Temporary Use allowed for the sale ofccmnabis or
camwbis products.
(e) Temporary Cannabis Retail Use, as provided by Section 191, to be authorized no ectrlier
than Jamtary 1, 2018 and to expire on Jamtary 1, 2024. This is the o,~ly type ofTernporary Use allowed
for the scde &jccmn0:bis or ccmnabis products.
SEC. 205.3. TEMPORARY USES: TWENTY-FOUR-HOUR LIMIT.
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Outside of Residential Districts Within the PDR, C, kl, Neighborhood Commercial, or Atfixed
Use District5, a temporary use may be authorized for a period not to exceed 24 hours per
event once a month for up to 12 events per year per premises for any of the following uses:
* * * *
SEC. 205.4. TEMPORARY USES: INTERMITTENT ACTIVITIES.
An intermittent activity is an outdoor use which, while occasional, occurs with some
routine or regularity. Intermittent activities include, but are not limited to, the following uses:
mobile food facilities, farmers markets, and open-air craft markets. Such uses typically require
additional authorization(s) from other City Departments. An intermittent activity may be
authorized as a temporary use for a period not to exceed one year.
(a) In all Districts other than RH, RM, RED, and RTO Districts an intermittent activity
is permissible if it satisfies all of the following conditions:
* * * *
(3) It shall be open for business only during the hours of operation permitted as
a principal use for the District in which it is located, if any such hourly limits exist.
(</) Ifl-ocated in a District that is subject t-o any ofthe neighborhood notification
requirements tis set forth in Section 311 of this Code, notification pursuant to Section 311 shall be
required as follows:
(A) 1Votification shall be required if the vending space, as defined below, H101;t/d
exceed 300 square feet.
(B) Notification shall be required if any portion of the ,ending spece ·would be
located within 5{) feet o-far-1; RH, RM, RED, or RTO District. Dista:nces to RH, RA{, RED, c1nd RTO
Districts shall be nwasbtredfrom the extreme perimeter ofany ·irendi1'lg space to the nearestproperty
line o-feny parcel which is partially or whoUy so ZOl'led.
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(CJ For purposes of this Section, "Vending Space II shall be dc:fined as the entire
area within a si1'lgle recttmgularperi?neter formed by extending lines around the extreme litnits o-fall
carts, ,;ehicles, tables, chairs, or other equipment associated with all irttermittent activities focated ON
tJwparcel.
(DJ l'/otwithsumding Sttbsections (4J (A) and (BJ above, and iJq order to
eliminate redundant notification, notification shall ,wt be required for the resumption ofan intermittent
acti'ility or the extension of time for an iNtermittent acti·;ity when all of the following criteria are met: (i)
aN intermittent activity is curreNtly autJ.wriced on the property or has been aut1-wrized on the property
within the 12 months immediately preceding thefiling a.fan application.for reswnption or extension;
(ii) the existing or recent intermittent acti'ility lawfally exceeds or exceeded the thresholds af
S1;1bsections (4)(A) and/or (BJ, above, and was the subject of neighborhood notice under Section 311 at
the tiNw of its establishment; and (iii) the intermittent activity H'ould notfi1rther exceed the thresholds
a/Subsections (4)(A) and/or (BJ, abme.
* * * *
SEC. 205.5. TEMPORARY USES: INTERIM ACTIVITIES ON DEVELOPMENT
SITES.
(a) Upon the satisfaction of the requirements in this Section 205.5, an Interim Activity,.
as defined below, on an Eligible Development Site located in an Eligible Area may be authorized as
a temporary use on a legal lot that is subiect to a Development Proiect, in any district other than a
Residential District, for an initial period not to exceed 36 months ("Initial Period").
(b) Definitions. For purposes of this Section 205.5, the following definitions shall
apply:
"Development Project" has the nwanil'lg set forth in the definitim'l o:fEligible
Development Site. means a proiect for which a development application and any associated fees have
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been submitted and accepted to obtain all required land use entitlements and permits, including any
environmental review, for a proiect that proposes to demolish an existing structure or work that is
tantamount to demolition, as defined in Section 317, or a proiect that proposes su(ficient changes to the
site such that the Director determines Interim Activities are appropriate.
"Eligible Area" ,"lwcms the Commercial (C), Residential Commercial (RC), Downtown
Residential (DTR), and ,\Teighborhood Commercial Transit (1\lCT) Districts, and },fixed Use cmd
Neig,½borhood Commercial (NC) Districts within the area bounded by Afarket Street, I 3th
Street/Duboce A venue, Division Street, and King Street.
"Eligible Development Site" means a legal lot on which all r:>fthe follo.Fing requirements have
been satisfied: (1) an application has been submitted and accepted either to permit demolition ofan
existing structure, or to permit ctlterations si!!ficiently extensive to be considered, in the judgment of the
Planning Director, tantamow1t to demolition for the purposes of this Section 205. 5 ; (2) applicatiomi
and the associated fees have been submitted and accepted to obtain all required land use andpermit
entitlements for an associated development project (" Development Project"); (3) prmided that a
Development Project proposes to include residential uses, it would result in greater residential density
than the residential density existing as of the time both the land use andpermit entitlement applications
were sitbmitted to the City; and (4) applications and the associat-edfees hm·e been submit1-ed and
accepted to ewtluate compliance of the Devel&pment Project with the Ccllifornia Environmental Quality
Act (California Public Resources Code Sections 21000 et seq.) pursuant to Administrati-..·e Code
Section 31.22.
"Interim Activity" means any Arts Activities Use; any Entertainment, General Use;
any Use within e PD-R 1 D District,· and/or any Use Principally Permitted in the subject zoning
district. For sites where the Development Proiect will construct Affordable Housing Proiect(s) as
defined in Section 315. Interim Activity shall include any Private Parking Garage, Public Parking
Garage. Private Parking Lot. Public Parking Lot. Vehicle Storage Garage. and Vehicle Storage Lot.
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(c) Application. The property owner or the property owner's authorized agent
("Applicant") shall submit an application for temporary use to the Planning Department, on a
form prepared by the Planning Department. The application shall be accompanied by the
applicable fees pursuant to Planning Code Section 350 and shall include an affidavit signed
by the Applicant and, as applicable, each tenant occupying any portion of the g_Eligible
Development ~$ite for the Interim Activity, or each tenant's authorized agent, acknowledging
that the use of the g_Eligible De..,•elopment ~$ite for the Interim Activity is temporary and subject
to the time limits set forth in this Section 205.5 and acknowledging that the Applicant has to
pay any outstanding fees, invoices, or penalties owed to City agencies, and is in compliance
with all requirements of the Municipal Code, including any requirements to file Updates to
Institutional Master Plans and abate any Code or Building Code violations. The Applicant shall
not be required to pay additional fees set forth in Article 4 of the Planning Code as a
prerequisite to obtaining temporary use authorization pursuant to this Section 205.5.
*
* *
*
(e) New Tenants. Additional or different tenants (each a "New Tenant") may
commence occupancy within and use of the g_Eligible Development ~$ite in question without
additional applications or fees, provided that each New Tenant submits a completed affidavit
to the Department attesting to the truthfulness and correctness of the previously submitted
application and declaring that the New Tenant will not discontinue, add to, or modify the
approved Interim Activity
(f) No Conversion, Cha19ge, Discontimttmce, or Abandonment e>fUse. The appro'11al or
commencement ofan Interim Acth•ity as e tT!mporery b{;5'e as authori:2ed under this &ction 205.5 shall
not be considered a eow11crsion, discontil<iuancc, abandom19c1'it, or chat'igc of use fer purposes of this
Code, notwithsta19di1cz-g &ctions 182 and 183 of this Code. Any property for which the b<iterim Activity
is euthorfaed shell rct€dn its authorfaed kmd usc(s). $1:1ch authori2cd land t1scs, inch1ding any
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noncol'ljorming uses, shall become operative upon the expiration, termination, or abandonment ofsuch
temporary use authorizati011.
fg) Fenestration, Transparency, and Visibility Requirements. Construction
proposed in connection with the Interim Activity shall not cause noncompliance or exacerbate
existing noncompliance with respect to fenestration, transparency, or any other visibility
requirement of Section 145.1 of this Code. Further, no film, adhesive, blinds, or other
treatment may be applied to any existing fenestration.
(h) Information To Be Available To Public. The Department shall make available to the public
in the Plwming Department's main (Jffice and on its 1,1,•ebsite a list €>fall applirntions approved under
this Section 205. 5, al-ong with applicable timeframes and any additional information the Planning
Departme,qt deems blsefal for or rele>mnt to the continued and successfitl acth,,ation of those spaces in
the Eligible Area.
(g-i) Extension of Initial Period. Upon the Planning Director's or the Director's
designee 's determination that permits for the Development Project are being and have been
diligently pursued, and that the Interim Activity has been consistent with public convenience,
necessity, or the general welfare of the City, the Planning Director is authorized to permit the
Interim Activity to exceed the Initial Period unless or until the applicant either withdraws the
application for the Development Proiect, the entitlement for the Development Proiect expires, or
construction of the Development Proiect commences. for an additional period not to exceed 12 months.
The Planning Director is Clblthorized to extend the Initial Period up to two times (the first thne being the
extension referenced in the previous sentence) such that each extension of the Initial Period mcty be up
to 12 moHths, each extent1ion shall reqtdre a separ-ate determination oft}w Pl-amqf ng Director
accordilig to this Section 205. 5(i), and the mtthorization (jfthe Interim Activity may not exceed a total
duratio,q o/6() months.
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(j) Other Temporary Uses. Authorization ofan Interim Activity pursuant to this Section 205.5
shall notprecludc the authorization ofany other temporary uses recognized in Sections 205. J through
~
SEC. 205.6. TE11PORARY USES: INTEJUAI USES WITHIN BARS AND
ENTERTA!1V,11E1VT USES.
A1qy Retail Use may be authorized as a temporary use within any space authorized as a Bar,
GePwral Entertainment or ll/ighttime Entertainment Use for a period not to exceed four years from the
date &Jany sctch authorization, provided that the period tenninates ,vithin 6year~Jrom the cffecth·e
date &/this Section 205. 6. Such temporary uses shall be subject to applicable operating conditions,
including but not limited to those conditions set forth in Section 202. 2(a) (I) of this Code.
SEC. 205. Q+. TEMPORARY USES: FIVE-YEAR LIMIT. TE11PORARYUSES: /JVTER!Af
ACTIVITIES IN VAG4NT GROUND FLOOR COAIAIERCL4L SPACES.
Vehicle Triage Centers and Safe Parking Program Sites. On Lots designated and authorized,
as applicable, for use as Vehicle Triage Centers or Safe Parking Program sites, temporary long-term
parking of and overnight camping in vehicles, and ancillary uses in portable, temporary structures
including administrative o(fices, restrooms, showering or bathing facilities, kitchen or other food
preparation facilities, and eating areas, may be permitted, subject to compliance with all other
Municipal Code requirements, including but not limited to the Overnight Safe Parking Pilot Program,
Administrative Code Chapter 119, Article I.
Beyond the five-year limit on the temporary uses in this Section 205. 6, the Director may
authorize up to two extensions of this temporary use for a maximum of six months each, based on
public health and safety considerations or delay in approval or operation ofthe site as a Vehicle Triage
Center or Safe Parking Program site.
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(a) Arts Activities, Social Service or Philanthropic Facilities, and COVJD 19 Relicfand
Recovery Mses; Alithorization as Tonporary Uses. Within all districts listed in Section 201 of this Code
except.for Residential Districts, the Planning Director may· alithorize an Arts Acth·ity or Social Senrice
or Philanthropic Facility use, as those uses are defined in Section 102, or any COV!D 19 Relief and
Recovery use as defined in sMbsection (b) as tt temporary use in a vacant groundjloor comnwrcial
space for a maximum of.four years. The ternporary ctses may be provided, in whole or in part, either on
site or off site. Such uses may also conduct their administrative activities on site as a sole Principal
The Planning Director's initial authorization (''Initial Period") shall not exceed two years and
may be exN.mded by the Direct-Or up t-0 t1w four year maximum pursuant to the pro'.1isions o.fsubsection
(i) below. I
(b) Definitions. For purposes of this Section 205. 6, 1 the following definitions shall apply:
"CO VID 19 Relief and Recm1ery use " means any use providing direct services in
housing, en'l-J)loyment, health, education and training, legal assistance, public benefits, enrollment and
financial assistance preparing and distribMting food, water and other essential items, estttblishing
testingfacilities, or providing access to restroom or handwashingfacilities, or performing any other
service that the Deparhnent determines will aid CO VID 19 relief and recovery efforts.
"Vacant ground floor commercial space" means a space with streetfrontage on the
groundjloor that is zoned for a 1Von Residential Use, as defined in Section 102 of this Code, and is
vactmt.
(c) Application. The property owner or the property owner's authorized agent ("Applicant, " in
either ease) shall submit an applie0:tion for t-empofflry• use to the Pl£mning Dep0:rt19qent, on 0: form
prepared by the Pfm,ming Departn'lent. The aJ3Plie€ltion shtill be aeeol'l'l-JJ€lf'lied by the €lJ3Plie€lble fees
pursua,qt to Planning Code Section 350 €1:f'ld shell incletde ctn affid€lvit signed by the Applie€lnt and, if
€lJ3Plicable, each tef'laf'lt oce'blf)y'ing any portion &/the vacant ground floor commerciel speee for the
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BOARD OF SUPERVISORS
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temporary use or each tenant's authorized ageJ1t, ackno.Fledging that (I) the use of the space is
temporary and subject to the time limits set.forth i1q this Section 205. 6, I (2) the Applicant will pay any
Obttstanding fees, invoices, or penalties owed to City agencies, and (3) the Applicant is in compliance
with all requirements &f the },{unicipal Code, including any requirenwnts to abate any Code violations,
including Building Code violations. The Applicant shall ,wt be required to pay additiontd fees set forth
in Article 4 of the Pla,ming Code as a prereqtlisite to obtaining temporar)' use authorization pur8uant
to this Section 205. 7.
(d) /llew, Additional, or },1odified Tonporary Uses. ATew, t1dditional, or modified temporary
uses thttt :were not previously approved by the Planning Director shall be reviewed through thefiling of
a ne,~· application and sublnittal ofa new application fee.
(e) NeH· Tenants. Additional or different tenants may commence occupanC)' within a,qd use the
subject site without additional applications or fees, provided that each new tena11t submits a cor1q.plcted
tif.fidavit t-0 the Department attesting to the truthfalness and correctness of the information in the
prnliously submitted application and declaring that the 11ew tenant will not disconti11ue, add to, or
modifj,' the approved Interim Activity.
(f) No Conversion, Change, Discontinuance, or Abandonment o_f Use. The approval or
commencement ofa temporary use as authorized under tJzis Section 205. 7 shall not be considered a
com,ersion, discontim1a1we, abandonment, or change ofusefiJrpurposes ofthis Code, notwithstanding
Sections 182 and 183 ofthis Code. Anypropertyfor ·which the temporary use is authorized shall retain
its authorized land use(s). Such authorized lttnd uses, including tmy nonconforming uses, shall become
operati1,1e ttpon the expiration, termination, or abandonment ofsuch temporary use authorization.
(g) Fe'!'lestr€ltion, Transparency, €Ind Visibility RequiremeHts. Const-ruction proposed in
co'!'lnecti01q v,·ith the tempor€lr)' ttse shell not ceblse no/9cor1tplieHee or execerbete existiHg
Ho1wor1q.p/i0,19ee with respect to fenestretio;q, trmqspere1q9•, er 0,1qy other visibility requiremeHt ofSectioH
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145.1 r>jthis Code. F'birther, rwfibn, adhesive, blinds, or other treatment may be applied to any existing
fenestration.
(h) Information To Be Available To Public. The Department shall make available to the prtblic
in the Planning Department's main office and on its "Website a list o_fall applications appruved under
this Section 205. 6, 1 along ,Fith applicable time .fi·ames and any additional information the Planning
Department deans usefitl for or relevcmt to the continued and successful activatiot1 of the subject sites
in the surrounding neighborhood
(i) Extension oflnitial Period [lpon the Plcmning Director's written determination that
permits for the 'i>'acant ground floor cmnmercial space are being and hm,e been diligently pursued, and
that the t~n1porary use has been consist~nt with public convenience, necessity\ or the general welfare r>j
the City, the Planning Director is authoriwd to permit the temporary use to exceed the Initial Period
.for an additional period of time not to exceed a total time of 2 4 months. This extensi011 shall require a
separate determination of the Planning Director according to this Section 205. 7(i), and the
authorization r>jthe temporary use may not exceed a total duration of 48 months.
(J) Other Temporary Uses. Authorization ofa tCl'nporary usepursttant to this Section 205. 7
shall not preclude the authorization of any other temporary uses recognized in Sections 205.1 through
205.6.1
(k) Additional Permits. Authorization ofa temporary use under this Section 205. 7 does not
v,•aive the requirement to obtain any additionalpermit(s) that may be reqitired by other City Codes,
including but not limited to permits required by the Health Code or Building Code.
(l) Fee Waiver for Uses that Propose a COVID 19 Recmery and ReliefActivity. !fan
applicant for approval 0.fa temporary w,e binder this Section 205. 6 1 proposes €l CO VID 19 Reco)•ery
t1nd Relief use, a8 defined b1 s1;1bsection (b) abo 1?e, the Plt11mi11g DC'f}a:rtr11ent fee for re 1?iewing the
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SEC. 205. zs. TEMPORARY USES: OUTDOOR ENTERTAINMENT, ARTS AND
RECREATION ACTIVITIES.
(a) Entertainment, Retail Sales and Service, Arts and Recreation Activities,_+
Entertainment, Retail Sales and Service, Arts and Recreation Uses, as defined in Section 102,
may be authorized as a temporary use in outdoor areas, including temporary structures, and
any ancillary uses of indoor areas, for a maximum of two years. Such uses may also include
the administrative activities of such use.
(b) Duration. The initial authorization ("Initial Period") shall not exceed one year and
may be extended for an additional year by the Planning Director, for a maximum authorized
period of up to two years, pursuant to this Section 205.Z8.
(c) Hours of Operation. Uses permitted by this Section 205.ZB may not exceed the
hours of 9:00 a.m. to 10:00 p.m.
(d) i\lew, Additional, or },/edified Temporary Uses. Ne,v, additional, or modified temporary
uses that were not previously approved by the Planning Director shall be reviewed through the filing of
a new application and submittal ofa new applirntion fee.
(e) lVo Conversion, Change, Discontinuance, or Abandonment of Use. The approval or
commencement ofa temporary use as authorized 1,mder this Section 205. 8 shall not be considered a
comers ion, discontinuance, abandonment, or change o_f use for purposes o_fthis Code, notwithsta1qdi1qg
Sections 178, 182, and 183 ofthis Code. Anypropertyfor which the temporary use is authorized shall
retain its authorized land use(s). Such authorized fa1qd 1,1ses, including any no1wonforming uses, shall
again become operatiw upon the expiration, termination, or abandonment ofsuch temporary use
authoriffltion.
(f) Information To Be A·;,1aUab1e Te P-ublic. The Departme1qt shall l'l'iake avaifrtble to the public
in the Pla,miJqg Department's main office and on its website €1 !:ist efe1ll €tppliee1tions €tppro·;,1ed under
this Section 205. 8 e1fong with €lf)pliee1ble time fre1mes e1:qd e1ny e1dditio1qa/ inform€ltion the Planning
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Page 19
Department deems useful for or relevant to the continued and successful activation &jthe subject sites
in the surrObmding neighborhood.
Section 4. 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 10 days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 5. 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:
/s/
AUSTIN M. YANG
Deputy City Attorney
n:\legana\as2025\2500311 \01847523.docx
Mayor Lurie; Supervisors Engardio, Sauter, Sherrill, 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:
250540
Date Passed: July 15, 2025
Ordinance amending the Planning Code to streamline and simplify the process for obtaining and
extending temporary use authorizations, implement standard requirements for any temporary use
authorization, and permit as temporary uses seasonal political campaign offices for up to one year, and
extend the maximum time period for a Pop-Up Retail temporary use to three years; 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
making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.
June 30, 2025 Land Use and Transportation Committee - RECOMMENDED
July 08, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
July 15, 2025 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
File No. 250540
ftL
City a11d Cou11ty of Sa11 Fra11cisco
Daniel Lurie
Mayor
Page I
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
7/15/2025 by the Board of Supervisors of the
City and County of San Francisco.
1 / 11 / 2,\
Date Approved
Pri11ted at 8:45 am 011 7116/25
