AMENDED IN COMMITTEE
FILE NO. 230371
06/12/2023
ORDINANCE NO.
122-23
[Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown
Economic Revitalization]
Ordinance amending the Planning Code to 1) facilitate residential uses Downtown
by authorizing the conversion of non-residential uses to residential use in C
(Commercial) zoning districts, and exempting such projects from requirements
for rear yard, open space, streetscape improvements, dwelling unit exposure,
bike parking, transportation demand management, dwelling unit mix, and
Intermediate Length Occupancy controls, permitting live work units in such
project, streamlining administrative approvals for projects in the C-3 zoning
district, and modifying the dimensional limits on exemptions to height
restrictions for mechanical equipment, elevator, stair, and mechanical
penthouses; 2) economically revitalize Downtown by adding Flexible Workspace
as a defined use, authorizing large scale retail uses in the C-3 zoning district,
allowing window displays in the C-3 zoning district, allowing Flexible Workspace
as an active ground floor commercial use along certain street frontages in C-3
zoning districts, allowing accessory storage in any C zoning district, allowing the
temporary installation for 60 days of certain signs in the C-3-R district, allowing
temporary non-residential uses in vacant spaces for up to one year. including
formula retail, reducing density limits for Residential Dwelling Units and Senior
Housing in the C-2 zoning districts east of or fronting Van Ness/South Van Ness
Avenue Franklin Street/13th Street and north of Townsend Street, principally
permitting Laboratory, Life Science, Agricultural and Beverage Processing, and
Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing,
Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas,
Animal Hospitals, and Trade Schools in the C-3 zoning district, allowing formula
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retail as a ground floor use on Market Street, principally permitting office and
design professional uses on the second floor and higher in the C-3-R zoning
district, and requiring consideration of office vacancy in consideration of granting
exceptions in the Transit Center Commercial Special Use District; 3) streamline
sign permitting citywide and in the C-3 districts by allowing for the repair and
rehabilitation of certain neon signs, and exempting existing business signs in the
C-3 zoning district from certain zoning controls; 4) streamline Historic
Preservation review of administrative certificates of appropriateness, and minor
permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated
by the Historic Preservation Commission; 5) provide alternatives to on-site open
space in certain C-3 districts by allowing for payment of an in lieu fee as an
alternative to providing open space; 6) facilitate residential adaptive reuse by
amending the Building Code to add standards for adaptive reuse of non-
residential buildings; and 7) principally permit formula retail and waive size
limitations for such uses on a portion of Showplace Square Area (555-9th Street,
Assessor's Parcel Block No. 3781, Lot No. 003); 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 strikethrough it€llics Times l"l-ew Rom€lnf-ont.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial f:ont.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
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Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental, Land Use, and Building 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. 230731 and is incorporated herein by reference.
The Board affirms this determination.
(b) On May 4, 2023, the Planning Commission, in Resolution No. 21319,
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. 230371, and is
incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board finds that this Planning
Code amendment will serve the public necessity, convenience, and welfare for the
reasons set forth in Planning Commission Resolution No. 21319, 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. 230371.
(d) On May 17, 2023, at a duly noticed public hearing, the Building Inspection
Commission considered this ordinance in accordance with Charter Section 03.750-5
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. 230371.
(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
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ordinance do not regulate materials or manner of construction or repair, and instead
relate in their entirety to administrative procedures for implementing the code and
remedies available for enforcing code violations, which are expressly excluded from the
definition of a "building standard" by California Health and Safety Code Section
18909(c).
Section 2. General Background and Findings.
(a) California faces a severe crisis of housing affordability and availability,
prompting the Legislature to declare, in Section 65589.5 of the Government Code, that
the state has "a housing supply and affordability crisis of historic proportions. The
consequences of failing to effectively and aggressively confront this crisis are hurting
millions of Californians, robbing future generations of a chance to call California home,
stifling economic opportunities for workers and businesses, worsening poverty and
homelessness, and undermining the state's environmental and climate objectives."
(b) This crisis of housing affordability and availability is particularly severe in San
Francisco. It is characterized by dramatic increases in rent and home sale prices over
recent years.
(c) According to the Planning Department's 2020 Housing Inventory, the cost of
housing in San Francisco has increased dramatically since the Great Recession of
2008-2009, with the median sale price for a two-bedroom house more than tripling from
2011 to 2021, from $493,000 to $1,580,000. This includes a 9% increase from 2019 to
2020 alone, even in the face of the COVID-19 pandemic. The median rental price for a
two-bedroom apartment saw similar although slightly smaller increases, nearly doubling
from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to
the pandemic.
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(d) These housing cost trends come after decades of underproduction of
housing in the Bay Area, according to the Planning Department's 2019 Housing
Affordability Strategies Report. The City's Chief Economist has estimated that
approximately 5,000 new market-rate housing units per year would be required to keep
housing prices in San Francisco constant with the general rate of inflation.
(e) Moreover, San Francisco will be challenged to meet increased Regional
Housing Needs Allocation ("RHNA") goals in the upcoming 2023-2031 Housing Element
cycle, which total 82,069 units over eight years, more than 2.5 times the goal of the
previous eight-year cycle. The importance of meeting these goals to address housing
needs is self-evident. In addition, under relatively new State laws like Senate Bill 35
(2017), failure to meet the 2023-2031 RHNA housing production goals would result in
limitations on San Francisco's control and discretion over certain projects.
(f) At the same time, the City faces reduced demand for office space and large
increases in commercial vacancy rates, as the impacts to the workforce wrought by the
COVID-19 pandemic - most notably the shift toward remote work - persist even as
public health threats have waned. These changes have been particularly prominent in
the Greater Downtown Area, defined as the North Financial District, South Financial
District, Mid-Market, Union Square, Jackson Square, Mission Bay/China Basin, North
Waterfront, Showplace Square, South of Market, and the Van Ness Corridor (referred to
in this ordinance as "Downtown"). In the Greater Downtown Area, the office sector has
experienced a fourfold increase in total vacancy rate between the third quarter of 2019
and the third quarter of 2022, driven largely by reduced space needs due to the rise of
remote work.
(g) To address the twin problems of under-utilized office space and lack of
affordable and available housing in San Francisco, a recent report from the Board of
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Supervisors' Budget and Legislative Analyst, dated January 6, 2023, urges City
policymakers to consider programs to incentivize the conversion of office space into
residential units ("BLA Report"). The BLA Report identifies various policy options to
incentivize the conversion of office buildings, including reducing regulatory hurdles,
such as protracted approval timeframes; exempting or relaxing projects from various
standards in the Planning Code; and offering financial incentives to offset the costly
architectural and engineering challenges of these conversions.
(h) Prior to the COVID-19 pandemic, two-thirds of the City's total jobs were
located Downtown, representing more than three-quarters of the City's total gross
domestic product ("GDP"). San Francisco is also the economic hub for the Bay Area.
With a $250 billion annual GDP in 2022, San Francisco accounted for more than one-
quarter of the nine-county Bay Area economy -
and 79% of the City's share of the Bay
Area economy stems from office-based industries concentrated Downtown. Downtown-
based businesses have historically generated nearly half of the City's sales tax revenue
and almost all (95%) of the City's business tax revenue. This revenue funds many key
services such as public safety, cleaning, open space, and transportation.
(i) The shift to hybrid work, with its consequent reduction in office workers and
foot traffic, has adversely impacted the City's Downtown and other sectors of the City's
economy, including retail and small business, and more broadly has impacted use and
activation of public space, transportation, and public safety.
(k) On February 9, 2023, Mayor Breed issued a Roadmap to Downtown San
Francisco's Future. Several of the plan's key policies include: (1) the economic
diversification of Downtown and the revisioning of office space there, (2) expanding
Downtown housing, (3) activating Downtown and enacting zoning controls that draw
people Downtown, and (4) maximizing flexibility for uses and economic activity in the
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Union Square area, which has historically played a unique role citywide, regionally, and
internationally as a center for shopping, entertainment, and services.
(I) This ordinance would incentivize the conversion of non-residential buildings
into residential units by exempting eligible projects from certain Planning Code
standards. It also would enact local code changes to support existing and attract new
businesses Downtown, and streamline approvals to draw consumers back Downtown.
(m) To achieve these ends, this ordinance contains seven sections, each of
which comprises a policy objective: Section 3 includes Planning Code amendments to
facilitate residential uses Downtown, including the creation of a Commercial to
Residential Adaptive Reuse program; Section 4 includes Planning Code amendments to
economically revitalize downtown, by creating a new Retail Sales and Service Use type
and relaxing restrictions on existing uses Downtown; Section 5 includes Planning Code
Amendments to streamline sign permitting in C-3 zoning districts as well as Citywide;
Section 6 will streamline Historic Preservation review of administrative certificates of
appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of
Work; Section 7 provides an in lieu fee alternative to on-site privately-owned public
space requirements in certain C-'3 Districts; Section 8 amends the San Francisco
Building Code to facilitate residential adaptive reuse of existing buildings; and Section 9
principally permits formula retail on a portion of Showplace Square Area.
Section 3. Facilitate Residential Uses Downtown. The Planning Code is hereby
amended by revising Sections 102, 134, 135, 140, 155.1, 155.2, 207.7, 210.1, 210.2,
260, 309, and 309.1, and adding Section 210.5, to read as follows:
SEC. 102. DEFINITIONS.
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* * * *
City. The City and County of San Francisco.
Commercial to Residential Adaptive Reuse. Commercial to Residential Adaptive Reuse
shall mean to change the use ofan existing Gross Floor Area from a non-residential use, other
than a hotel use, to a residential use pursuant to Section 210.5.
* * * *
Live/Work Unit. A hybrid Residential and PDR Use that is defined as a structure
or portion of a structure combining a residential living space for a group of persons
including not more than four adults in the same unit with an integrated work space
principally used by one or more of the residents of that unit; provided, however, that no
otherwise qualifying portion of a structure that contains a Group A occupancy under the
Building Code shall be considered a Live/Work Unit. No City official, department, board,
or commission shall issue or approve a building permit or other land use entitlement
authorizing a new live/work unit as defined here, except as authorized under Section
210. 5, or as an accessory use under Section 204.4. Lawfully approved live/work units
are subject to the provisions of Sections 181 and 317 of this Code.
* * * *
SEC. 134. REAR YARDS IN R, RC, NC,(;, SPD, M, MUG, WMUG, MUO, MUR,
UMU, RED, AND RED-MX DISTRICTS; AND LOT COVERAGE REQUIREMENTS INC
DISTRICTS.
(c) Basic Requirements. The basic rear yard requirements shall be as follows
for the districts indicated:
* * * *
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(2) RM-3, RM-4, RC-3, RC-4, NC Districts other than the Pacific
Avenue NC District, (;,M, MUG, WMUG, MUO, CMUO, MUR, UMU, RED, RED-MX,
and SPD Districts. Except as specified in this subsection (c), the minimum rear yard
depth shall be equal to 25% of the total depth of the lot on which the building is situated,
but in no case less than 15 feet.
* * * *
(E) RC-3, RC-4, NC-3, NCT-3, Bayview, Broadway, Fillmore
Street, Geary Boulevard, Hayes-Gough, Japantown, SoMa NCT, Mission Bernal,
Mission Street, Polk Street, Lower Polk Street, Pacific Avenue, t-; M, SPD, MUR,
MUG, MUO, and UMU Districts. Rear yards shall be provided at the lowest story
containing a Dwelling Unit, and at each succeeding level or story of the building. In the
Hayes-Gough NCT, lots fronting the east side of Octavia Boulevard between Linden
and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U, and V) are not
required to provide rear yards at any level of the building, provided that the project fully
meets the usable open space requirement for Dwelling Units pursuant to Section 135L ef
this Code, meets the exposure requirements of Section 140, and gives adequate
architectural consideration to the light and air needs of adjacent buildings given the
constraints of the project site.
* * * *
(H) Lot Coverage in C Districts. Lot coverage is limited to 80% at all
levels containing residential uses, except that on levels that include only lobbies and circulation
areas and on levels in which all residential uses, including circulation areas, are within 40
horizontal feet from a property line fronting a street or alley, up to 100% lot coverage may
occur. The unbuilt portion of the lot shall be open to the sky except for those obstructions
permitted in yards pursuant to subsections(]) through (23) o(Section 136(c). Where the
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adiacent properties have an existing rear yard, the unbuilt area of the new pro;ect shall be
designed to adioin that rear yard. In accordance with Section 210.5, lot coverage requirements
shall not be applicable for Commercial to Residential Adaptive Reuse proiects.
* * * *
SEC. 135. USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP
HOUSING, R, NC, MIXED USE, C, AND M DISTRICTS.
* * * *
(d) Amount Required. Usable open space shall be provided for each building
in the amounts specified herein and in Tables 135A and B for the district in which the
building is located; provided, however, that {il_in the Downtown Residential (DTR)
Districts, open space shall be provided in the amounts specified in Section 825 o:fthis
f;.ede., and (ii) in accordance with Section 210. 5, usable open space shall not be required for
Commercial to Residential Adaptive Reuse pro;ects.
* * * *
TABLE 135A
MINIMUM USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING
OUTSIDE THE EASTERN NEIGHBORHOODS MIXED USE DISTRICT
Square Feet of Usable Open Space
District
Required for Each Dwelling Unit If All
Private
* * * *
C-3, M-1, M-2
36{11
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
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Ratio of Common Usable
Open Space That May
Be
Substituted for Private
1.33{11
Page 10
Same as for the R District establishing the
dwelling unit density ratio for the C I or C-2
G-1, C-2
District property. Graue Housing requirement
is ver bedroom and 1 /3 the amount re au ired for
a Dwellinz Unit. (I)
(I) In accordance with Section 210. 5, usable oe.en se.ace shall not be required for
Commercial to Residential Ada[!_live Reuse woiects.
* * * *
SEC. 140. ALL DWELLING UNITS IN ALL USE DISTRICTS TO FACE ON AN
OPEN AREA.
(a) Requirements for Dwelling Units. In each Dwelling Unit in any use district,
the required windows (as defined by Section 504 of the San Francisco Housing Code-)
of at least one room that meets the 120-square-foot minimum superficial floor area
requirement of Section 503 of the Housing Code shall face directly onto an open area of
one of the following types:
* * * *
(3) In accordance with Section 210.5, this Section 140 shall not ae.e.lv to
Commercial to Residential Ada[!_live Reuse e.roiects.
* * * *
SEC.155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS.
* * * *
(g) Commercial to Residential Adaptive Reuse projects. In accordance with Section
210. 5, the requirements o[this Section 155.1 shall not ae.e.lv to any Commercial to Residential
Ada[!_live Reuse woiects.
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SEC. 155.2. BICYCLE PARKING: APPLICABILITY AND REQUIREMENTS
FOR SPECIFIC USES.
Bicycle parking spaces are required in at least the minimum quantities specified
in Table 155.2. Bicycle parking shall meet the standards in Section 155.1.
* * * *
(0 Commercial to Residential Adaptive Reuse proiects. In accordance with Section
210. 5, the requirements of this Section 155. 2 shall not apply to any Commercial to Residential
Adaptive Reuse proiects.
SEC.169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
Sections 169 through 169.6 (hereafter referred to collectively as "Section 169")
set forth the requirements of the Transportation Demand Management Program (TOM
Program).
* * * *
SEC. 169.3. APPLICABILITY.
* * * *
(b) Exemptions. Notwithstanding subsection (a), Section 169 shall not apply to
the following:
(1) One Hundred Percent Affordable Housing Projects. Residential uses
within Development Projects where all residential units are affordable to households at
or below 120% of the Area Median Income, as defined in Section 401, shall not be
subject to the TOM Program. Any uses other than Residential within those projects,
whose primary purpose is to provide services to the Residential uses within those
projects shall also be exempt. Other uses shall be subject to the TOM program. All uses
shall be subject to all other applicable requirements of the Planning Code.
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(2) Parking Garages and Parking Lots, as defined in Section 102.
However, parking spaces within such Parking Garages or Parking Lots, when included
within a larger Development Project, may be considered in the determination of TOM
Plan requirements, as described in the TOM Program Standards.
(3} Commercial to Residential Adaptive Reuse projects per Planning
Code Section 210.5.
* * * *
SEC. 207.7. REQUIRED MINIMUM DWELLING UNIT MIX.
(a) Purpose. To ensure an adequate supply of family-sized units in new
housing stock, new residential construction must include a minimum percentage of units
of at least two and three bedrooms.
(b) Applicability.
* * * *
(4) In accordance with Section 210. 5, this Section 207. 7 shall not apply to
Commercial to Residential Adaptive Reuse proiects.
* * * *
SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS.
* * * *
Table 210.1
ZONING CONTROL TABLE FOR C-2 DISTRICTS
Zoning Category
§ References
C-2
RESIDENTIAL STANDARDS AND USES
Development Standards
* * * *
* * * *
Usable Open Space for
Same as for the R District
Dwelling Units and Group
§§ 135, 136
establishing the dwelling unit
Housing
density ratio for the property. Group
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Housing requirement is eer bedroom
and 1 /3 the amount required fjJr a
Dwelling Unit. See exceetions fjJr
Commercial to Residential Adaetive
Reuse erofects in Section 210. 5
* * * *
Lot coverage is limited to 80% at all
levels containing Residential Uses,
exceet that on levels that include only_
lobbies and circulation areas and on
levels in which all residential uses,
including circulation areas, are within
40 horizontal {get ft.om a eroeertv line
frontinf! a street or allev. uv to 100%
lot coverage may_ occur. The unbuilt
eortion o{_the lot shall be oeen to the
skv exceet fjJr those obstructions
Rear Yard Setback
§§ 130, 134
eermitted in y_ards eursuant to
subsections O L through C23L o{_Section
136Cct Where the adf acent eroeerties
have an existing rear y_ard, the unbuilt
area o{_the new erofect shall be
designed to adfoin that rear y_ard. See
exceetions fjJr Commercial to
Residential Adaetive Reuse erofects in
Section 210. 5. 25% afthc tettll depth
H:Jf depth, ht1f in fl('} CR-SC lc-s-s Fli€Efl !. 5
-I'~~- r.
~-·
·"'
, .
~
--·J- ·-
IJ
.._,.
.)' '-'....,
., ... .,., .,,,,,,,6..,..
dwclli,1g unit Rnd cReh -sueeccding
-story:-
* * * *
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
L-lz_o_n_in_g_c_a_te_g_o_ry _____
... lL _§_R_e_fe_r_e_nc_e_s _
__J~ C-3-0 II o~S
[)) ~ c:-112G II Cs
3-1
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IRES/DENT/AL STANDARDS AND USES
I Development Standards
* * * *
f::l-sehfe Q.pe19 $peee
{Per Dwelling Unit}
§§ 135, 136
Usable Open Space {gr Dwelling
Units and Group Housing
* * * *
Rear Yard Setback
§§ 130, 134
* * * *
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
At least 36 square feet if private,
and 48 square feet per Dwelling
Unit if common; Group Housing
requirement is per bedroom and 1 /3
the amount required fj>r a Dwelling
Unit. See exceptions {gr Commercial
to Residential Adaptive Reuse protects
in Section 210. 5
Lot coverage is limited to 80% at all
levels containing Residential Uses,
except that on levels that include onlJ!.
lobbies and circulation areas and on
levels in which all residential uses,
including circulation areas, are within
40 horizontal {get ft.om a properlJ!. line
frontim! a street or allev. uv to 100%
lot coverage maJ!. occur. The unbuilt
portion o(_the lot shall be open to the
skv except {gr those obstructions
permitted in J!.ards pursuant to
subsections O 2 through (232 o{_Section
136Cc2. Where the adtacent properties
have an existing rear J!.ard, the unbuilt
area o{_the new protect shall be
designed to adtoin that rear J!.ard. See
exceptions {gr Commercial to
Residential Adaptive Reuse protects in
Section 210. 5. 25% &}the totel def)th
lot depth, hut bi no eese less then !. 5
£, -· ,.
1-.
... --
-
J....,...,,.,J..,,
.,...,
~
J -~ -- ... *'"''"'b -
dwelling unit end eeeh sueeeeding
~
Exceptions are permitted by §
309.
Page 15
SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM.
(a) Purpose and Findings. This Section 210. 5 describes the Commercial to Residential
Adaptive Reuse Program. The purpose of the Program is to facilitate the adaptive reuse of non-
residential buildings to support the City's housing needs by allowing for conversion of those
buildings to residential use.
(b) Commercial to Residential Adaptive Reuse Projects. A Commercial to Residential
Adaptive Reuse proiect is a proiect that includes a change of use of any existing Gross Floor
Area from a non-residential use, excluding a hotel use, to a residential use as those uses are
defined in Section 102.
(c) Eligibilitv. To be eligible for the Commercial to Residential Adaptive Reuse
Program, a proiect must:
(I) be located in a C-3 zoning district or a C-2 zoning district that is east of or
fronting Van Ness/South Van Ness Avenue Franklin Street/13th Street and north of
Townsend Street;
(2) not seek approval under Section 206. 5 or 206. 6; and
(3) not expand an existing building's envelope in a manner where the addition to
the building envelope represents more than 3™% o{the existing building's Gross Floor Area;
provided that if a project would exceed this limit, the portions of the building additions in
excess of 33% must meet generally prevailing code requirements. For purposes of this
section, additional Gross Floor Area shall be counted from the lowest floor to the
highest floor. aA4
(4) not add more than one vertical story.
(d) Controls. Applicable provisions o{the Planning Code shall control except as
otherwise provided in this Section 210. 5. If there is a conflict between other provisions o(the
Planning Code and this Section 210. 5, this Section shall prevail; provided that this Section does
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not alter, amend, or modify Section 249. 93 (Group Housing Special Use District). For
Commercial to Residential Adaptive Reuse proiects, the following zoning controls shall be
waived or modified, as described:
(I) Lot Coverage. Lot coverage requirements per Section 13 4 shall not apply.
(2) Open Space. Usable open space requirements per Section 135 shall not
(3) Streetscape and Pedestrian Improvements. Required streetscape and
pedestrian improvements per Section 138.1 shall not apply.
(4) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section
140 may be satisfied by either of the following:
Lal providing an unobstructed open area that is at least as wide as the
exposed exterior width of the Dwelling Unit and is no less than five feet in every horizontal
dimension at each story containing the Dwelling Unit and all stories above.
(b} providing an unobstructed open area that is at least 5 feet wide
by 15 feet long at each story containing the Dwelling Unit and all stories above.
(5) Bicycle Parking. The Bicycle Parking requirements in Sections 155.1 and
15 5. 2 shall not apply.
(6) Dwelling Unit Mix. The required minimum dwelling unit mix per Section
207. 7 shall not apply.
(7) Intermediate Length Occupancy. The establishment of Intermediate Length
Occupancy units shall be consistent with Section 202.10, provided that the controls in Section
202.1 O(b)(I) and (b)(2) shall not apply. Intermediate Length Occupancy units shall be
principally permitted in Commercial to Residential Adaptive Reuse proiects.
(8) Live Work Units. Live Works units are permitted in any Commercial to
Residential Adaptive Reuse proiect.
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{9) Transportation Demand Management {TDMl Plan Requirements.
The Transportation Demand Management Plan requirements in Section 169 shall not
apply.
{10) Preservation of Privately Owned Public Open Spaces {POPOS).
Nothing in this Section 210.5 is intended to modify, alter, or waive the applicability of
Section 138 (POPOS} to Commercial to Residential Adaptive Reuse projects that retain
non-residential uses.
(e) Review of Proiects in the C-3 District. !fa proiect seeks exceptions that are waived
or modified in subsection (d) above, the hearing requirements in Section 309 shall not apply as
to the consideration of those exceptions. But if a proiect seeks exceptions not otherwise waived
or modified in subsection (d) above, the hearing requirements of Section 309 shall apply.
(f) Applications. Any application to establish a residential use pursuant to this Section
210.5 must be filed on or before December 31, 2028.
SEC. 260. HEIGHT LIMITS: MEASUREMENT.
* * * *
(b) Exemptions. In addition to other height exceptions permitted by this Code,
the features listed in this subsection (b) shall be exempt from the height limits
established by this Code, in an amount up to but not exceeding that which is specified.
(1) The following features shall be exempt provided the limitations
indicated for each are observed; and provided further that the sum of the horizontal
areas of all features listed in this subsection (b)(1) shall not exceed JJ.0% of the
horizontal area of the roof above which they are situated, or, in C-3 Districts and in the
Rincon Hill Downtown Residential District, where the top of the building has been
separated into a number of stepped elements to reduce the bulk of the upper tower, of
the total of all roof areas of the upper towers; and provided further that in any R, RC-3,
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 18
or RC-4 District the sum of the horizontal areas of all such features located within the
first 10 feet of depth of the building, as measured from the front wall of the building,
shall not exceed 20% of the horizontal area of the roof in such first 10 feet of depth.
As an alternative, the sum of the horizontal areas of all features listed in
this subsection (b)(1) may be equal to but not exceed .JJ0% of the horizontal area
permitted for buildings and structures under any bulk limitations in Section 270 of this
Code applicable to the subject property.
Any such sum of .JJO% heretofore described may be increased to .Ji0% by
unroofed screening designed either to obscure the features listed under (A) and (B)
below or to provide a more balanced and graceful silhouette for the top of the building or
structure.
(A) Mechanical equipment and appurtenances necessary to the
operation or maintenance of the building or structure itself, including chimneys,
ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the
collection of solar or wind energy, and window-washing equipment, together with visual
screening for any such features. This exemption shall be limited to the top -1-() 16 feet of
such features where the height limit is 65 feet or less, and the top .J-e. 20 feet of such
features where the height limit is more than 65 feet. In C-3 districts, for existing buildings
whose height exceeds the permitted height limit, these exempted features shall be measured from
the existing roofline instead ofthe height limit.
(B) Elevator, stair and mechanical penthouses, fire towers,
skylights,_ and dormer windows. This exemption shall be limited to the top -1-() 16 feet of
such features where the height limit is 65 feet or less, and the top .J-e. 20 feet of such
features where the height limit is more than 65 feet. However, for elevator penthouses,
the exemption shall be limited to the top 16 feet and limited to the footprint of the
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 19
elevator shaft, regardless of the height limit of the building. The design of all elevator
penthouses in Residential Districts shall be consistent with the "Residential Design
Guidelines" as adopted and periodically amended for specific areas or conditions by the
Planning Commission. In C-3 districts, for existing buildings whose height exceeds the
permitted height limit, these exempted features shall be measured from the existing roo[line
instead of the height limit.
* * * *
(E) In any C-3 District, the CMUO District, and any MUR or MUG
District within the Central SoMa Special Use District, enclosed space related to the
recreational. Restaurant, or Bar use of the roof, not to exceed 16 feet in height. In C-3
districts, for existing buildings whose height exceeds the permitted height limit, these exempted
features shall be measured from the existing roo[line instead o[the height limit.
* * * *
SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS.
The provisions and procedures set forth in this Section 309 shall govern the
review of project authorization and building and site permit applications for (1) the
construction or substantial alteration of structures in C-3 Districts, (2) the granting of
exceptions to certain requirements of this Code where the provisions of this Section are
invoked, and (3) the approval of open space and streetscape requirements of the
Planning Code. When any action authorized by this Section is taken, any determination
with respect to the proposed project required or authorized pursuant to CEQA may also
be considered. This Section shall not require additional review in connection with a site
or building permit application if review hereunder was completed with respect to the
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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same proposed structure or alteration in connection with a project authorization
application pursuant to Section 322.
* * * *
(d) Notice 8( Pr9P8sedApf!1'6Wll far PffJieets thRt d9 H8t require Puhlie HeRring. Iftm
tr{Jf3licfltion does not ref{uire €l Pfflnning Commission he€lring 13ursu€lnt to Suhsection 309(e)(l)
heiow, tlw €lf3f3liCEltion or huiJding or site 13errnit mm' he re1pie-wed ElH:d @prowd
€ldministr€lth~eh1• At the detenninfltion of the PfflnHing Director, @f3liC€ltions for eS13eci€lYy
sig,iificflnt sco13es o(work nw1
1 he suhfect to tlw noti/i£Eltion ref{uirenwnts o(Sectio19 333 o(this
Code. 1/El ref{uest for Pfflnning Commission review is H9€lde 13ursu€lnt to suhsection 309(0, the
€lf3f3licfltio,q will he s1;1h;ect to the notificfltion €Ind heflring wocedlires o(this Section. I/no
ref{uest for Comnqission re1piew is rnflde, the Zoning Administr€ltor m€lV €lf3PfO're the 13ro;ect
€ldministr€ltivelv.
fef Hearing and Determination of Applications for Exceptions.
(1) Hearing. The Planning Commission shall hold a public hearing on a
Section 309 application if:
(A) The project wo1;1ld res1;1lt in El net €lddition &}more th,€119 50,000
S€J:1i€lre feet ofgrossfioor Elrefl ofsp€lce, or
fB) The project includes the construction of a new building greater
than 120 +J. feet in height (excluding any exceptions permitted per Section 260(b)), or
includes a vertical addition to an existing building with a height of 120 +J. feet or less
resulting in a total building height greater than 120 +J. feet; or
(!.l..G) The project would require an exception as provided in
Subsection 309(a); provided that the hearing requirements ofthis Section 309 shall not apply
to Commercial to Residential Adaptive Reuse proiects seeking exceptions or modifications
pursuant to Section 210. 5 (d).
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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* * * *
(I} Planning Cemmis-sien Review Upen Request.
(1) Requests. Within 10 days e.feer notice of the proposed Zrming Administmtor
€lpprow1l hf:ls been given, €ls provided in subsection (d), f:l11yperson m€ly request in writing thf:lt
the P!f:l,ming Conunission impose RdditionRl n1odi-ji:eRtions 011 the pro:fect €ls pro·,1ided in
subsection (h) or consider the €lfJf)licRtion for compliRnce with #w open spRce Rnd streetsc€lpe
requironents efthe PlRnning Code. The 1.i,·ritten request shRll s{EJ;te why RdditionRl modi-fic€ltions
should be in1posed notwithstRndi,7:g its con1pliRnce with the requirements of this Code R11d shRll
identify the policies or objecthres tlwt ,vould be promoted by· the in1-J9osition o-fconditions, or
shRll s{EJ;te why the open spRce f:lnd streetsc€lpe requirements hR'ite not been complied with.
(2) Cemmissien CensideFRtien. The P!f:lnning Con1missio,1 shRU consider Rt €J:
public hef:lring ef:lch written request for RdditionRl modifk;Rtions f:lnd for considerntion afthe
ope,1 spRce Rnd streetsc€lpe requirements of the P !f:lnning Code compliRnce Rnd m€ly, by nul}ority
'itote, direct thRt €J: heRring be conducted to consider such modi-ficRtions or con'lplif:lnce, which
hef:lri17:g m€ly be conducted f:lt the SRme meeting thRt the written request is considered Rnd
decided. Notice 0:fsuch heRring shRll be prmidedpbtrsuf:lnt to the requirements o_fSection 333 of
this Code, pr,:wided thf:lt mf:liled ,"lotice shRll Riso be pmvided to eny person who hes reqMested
such notice, end to enyperson who hes submitted €l reqMest fer edditionRl reqMirements. In
determining whether to c011dbtct sMch e heering, the PlRnning Con1mission shell determi11e
whether, besed upon e re 1.iiew ofth.e project, rees011eble groMnds exist }btstifjdng e pbthlic heRring
in order to consider the proposed Rdditionel modifi:cetions end the open spe,ce e11d streetsc€lpe
r-equirements efthe Plenni:7:g Code co.viplience.
(3) Cemn1issien Actien. Ifth.e Plem1i17:g Con1mission determines to condbtct e
heeri11g to c011sider the i:<npositio,1 o_fedditionf:ll modi-ficetions or the open spece end streetsc€lpe
reqMirements con1-J9lie,1ce, it m€ly; tifier such heering end efier ,-.,1eking €lpproprif:ltejmdings,
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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BptJrw.rc, disBppre';e, er BptJrew sbl:!:Jject te ceHditieHs the bbl:if.d.iHg er site permit er project
abl:therizatimq BptJlicatioH. If the PtaHJ9ing C01nn9ission detennines Het te condbl:ct a hec1riJ9g, the
ZoHiHg Administrater shall Bppre';e the BJ3t)lication sbl:h:ject te eny ce19ditieHs iniposed by the
Directer of Planning te which the BJ3t)licent has conseHted.
(~:i)
Imposition of Conditions, General. If, pursuant to the provisions of this
Section 309, the Planning Commission determines that conditions should be imposed
on the approval of a building or site permit application, or Section 309 application,. and
the applicant agrees to comply, the Planning Commission may approve the application
subject to those conditions, and if the applicant refuses to so agree, the Planning
Commission may disapprove the application.
(f.j) Change of Conditions. Authorization of a change in any condition
previously imposed pursuant to this Section 309 shall require an application for a
change in conditions, which application shall be subject to the procedures set forth in
this Section.
(gk) An approval action in accordance with this Section 309 shall constitute the
City's decision to approve the project for purposes of Administrative Code Chapter 31.
SEC. 309.1. PERMIT REVIEW IN DOWNTOWN RESIDENTIAL DISTRICTS.
The provisions and procedures set forth in this Section 309.1 shall govern the
review of project authorization and building and site permit applications for the
construction or substantial alteration of structures in Downtown Residential districts, the
granting of exceptions to requirements of this Code, and the imposition of modifications
necessary to achieve the objectives and policies of the General Plan and the purposes
of this Code as provided for in Section 825 and elsewhere. When any action authorized
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BOARD OF SUPERVISORS
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by this Section is taken, any determination with respect to the proposed project required
or authorized pursuant to CEQA may also be considered.
* * * *
(c) Hearing and Determination on Design Modifications and Applications
for Exceptions.
(1) Hearing. The Planning Commission shall hold a public hearing for all
projects greeter t-heri 50,000 gross squerefeet-, fer ef.lpro:fects proposing construction ofa new
building greater than 120 8-J. feet in height or greet-er a vertical addition to an existing building
with a height of 120 feet or less resulting in a total building height greater than 120 feet, and for
applications that require exceptions as provided in SJubsection (b).
* * * *
Section 4. Economically Revitalize Downtown. The Planning Code is hereby
amended by revising Sections 102,121.6, 145.1, 145.4, 204.3, 205.1, 210.1, 210.2, and
248, to read as follows:
SEC. 102. DEFINITIONS.
* * * *
Flexible Retail. A Retail Sales and Service Use in Neighborhood Commercial
Districts, subject to the requirements of Sections 179.2 and 202.9, that combines a
minimum of two of the following distinct Uses within a space that may be operated by
one or more business operators:
(1) Arts Activities;
(2) Restaurant, Limited;
(3) Retail Sales and Services, General;
(4) Service, Personal;
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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(5) Service, Retail Professional; and
(6) Trade Shop.
Flexible Workspace. A Retail Sales and Service use that is a combination of any uses
within the Retail Sales and Service use category or a General Entertainment use that operates in
coniunction with a principally or conditionally permitted Non-Retail Sales and Service use other
than a Commercial Storage, Wholesale Sales, or Wholesale Storage use. The Retail Sales and
Service or General Entertainment portion of the use shall be at least one-third of the overall
Gross Floor Area and must face the street occupy space \Vithin the first 25 feet of the
storefront
* * * *
SEC.121.6. LARGE-SCALE RETAIL USES.
fef Notwithstanding any other provision of this Code, establishment of a single
retail use in excess of 50,000 gross square feet in any zoning district other than the C-3
Zoning Districts shall require conditional use authorization pursuant to Section 303
unless such use already is prohibited. This Sttb:Yection 121.6 shall apply to the
establishment of a new use and the expansion of an existing use.-fht ,~lotwi#uiftlnt/i:1qg
any other prm1ision of this Code, establishment erfa singk reftlil Mse in excess erf 90, 000 gross
S€JM€1refeet withi11 a C 3 Mmi,qg District shall reqMire conditional Mse abtthoriffitio,i p1irsbta11t to
Section 303 Mnless sbtch Mse already is prohibited. This Sbtbsection shall Etpply only to the
establishment erfa new Mse (c) Notwithstanding any other provision of this Code,
est€Jb/.ishment efa si."lgle :<etail btSC in excess of 120, 000 gress sqbt6-re feet is prehibited in any
wning district other than a C 3 Zoning District This Sbtbsection shall BfJfJO' to the establishment
efa new Mse and the expansion e_fan existing Mse.
(ti) ,Votwithstanding €11'l)' other provision erf
this Code, esftlblishHwnt o_fa singk retail Mse in excess erf 120,000 gross S€fbt€1refeet in a C 3
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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Zm9i,qg District shall he prohihitcd ifit would sell groceries,· contEJin more than 20,000
Stockkccping Units (SKUs); and dc'rotc more than five pcrce19t (5%) of its total sales floor area
to the sale of non t€tXahle merchandise. This Suhsection shall tlfJ[Jly only to the cstEJhlishmcnt o:fa
nC"w use. (e)
For purposes of this Section, 121. 6:
(1)
"salesjloor area" includes only
interior huilding space devoted to the sale e>Jmcrchandisc, and docs not i,9clude rcstrool'ns,
e>fficc space, storage space, automohilc scnicc areas, or open air garden sales space;
(2)
"19019 tEJxahle ,nerchandisc " includes only grocery products not subject to California Sffitc sales
tax; and
(3)
"single retail use" shall include, except for Hotels and Motels, all Retail
and Service Uses listed in Section 102 and retail uses identified in Article 8 of this Code.
SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL,
RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS.
* * * *
(c) Controls. The following requirements shall generally apply, except for those
controls listed in subsections (1) Above Grade Parking Setback and (4) Ground Floor
Ceiling Height, which only apply to a "development lot" as defined above.
In NC-S Districts, the applicable frontage shall be the primary
facade(s) that contains customer entrances to commercial spaces.
* * * *
(6) Transparency and Fenestration. Frontages with active uses that are
not PDR must be fenestrated with transparent windows and doorways for no less than
60% of the street frontage at the ground level and allow visibility to the inside of the
building. The use of dark or mirrored glass shall not count towards the required
transparent area. Buildings located inside of, or within an unobstructed line of less than
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 26
300 feet of an Urban Bird Refuge, as defined in Section 139(c)(1 ), shall follow glazing
requirements within Section 139(c) of this Code.
In C-3 zoning districts, for tenant spaces with at least two frontages and active
uses that are not PDR, frontages must be fenestrated with transparent windows and doorways
for no less than 60% of the street frontage at the ground level or contain window displays of at
least four feet in depth to allow visibility to the inside of the building or activate the street.
* * * *
SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES.
* * * *
Table 145.4
Reference for Commercial,
Reference for
luse
Neighborhood Commercial, and
Mixed Use
Residential- Commercial Districts
Districts
* * * *
N/A
890.37
Entertainment, Other
NIA
Flexible Workspace
-
N/A
Grocery, General
* * * *
* * * *
(d) Controls.
(1) Active commercial uses which are permitted by the specific district in
which they are located are required on the ground floor of all street frontages listed in
~§:ubsection (b) above.
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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I
(2) Active commercial uses shall comply with the standards applicable to
active uses as set forth in Section 145.1 (c)(3) and shall further be consistent with any
applicable design guidelines.
(3) On those street frontages listed in S~ubsection (b), an individual
ground floor nonresidential use may not occupy more than 75 contiguous linear feet for
the first 25 feet of depth along a street-facing facade. Separate individual storefronts
shall wrap large ground floor uses for the first 25 feet of depth, as illustrated in Figure
145.4. This requirement shall not apply to such street frontages within the C districts.
* * * *
SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN
C, RC, M, AND PDR DISTRICTS.
* * * *
(e) Accessory Storage in C Districts. Accessory storage on the second floor and above
is permitted for stock and trade relating to retail uses with street level storefronts in the same
building. There shall be no limitation on the square footage of accessory storage as long as the
storage supports a ground floor use in the same building.
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:
* * * *
(e) Within the C-3-R District, installation ofa temporary Sign, other than a General
Advertising Sign, or a temporary decorative or artistic display or installation. Such Sign or
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 28
installation shall have a maximum height of] 6 feet above the roo(line of the building to which it
is affixed.
SEC. 205.2. TEMPORARY USES: ONE- TO SIX-YEAR LIMIT.
A temporary use may be authorized for the following uses as specified below:
(a) Temporary authorization for a period not to exceed one year.
{IL Temporary Wireless Telecommunications Services (WTS) Facilities, if
the following requirements are met:
(4.J-) The Planning Director determines that the Temporary WTS
Facility shall be sited and constructed so as to:
(tA-) avoid proximity to residential dwellings to the maximum
extent feasible;
(jj_B) comply with the provisions of Article 29 of the Police
Code;
(iiiG) be no taller than needed;
(ivP) be physically screened to the maximum extent
feasible; and
(.l::'.E) be erected for no longer than reasonably required.
(ll..J) Permits in excess of 90 days for Temporary WTS Facilities
operated for commercial purposes shall be subject to Sections 311 and 312 of this
Code, where applicable.
(CJ) The Planning Department may require, where appropriate,
notices along street frontages abutting the location of the Temporary WTS Facility
indicating the nature of the facility and the duration of the permit.
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 29
(2) Pop-Up Activations. Pop-Up Activations are temporary Non-Residential
uses, including but not limited to Pop-Up Retail, Entertainment, or Arts Activity uses, permitted
within either a vacant space last occupied by a Non-Residential use or a space occupied by a
legally established Non-Residential use, and that is located within a C-3 zoning district or a C-
2 zoning dQ.istrict that is east ofor fronting Van Ness/South Van Ness /\venue
Franklin/13th Street and north of Townsend Street or within an NC, NCT, or Mixed-Use
District that is south of Market Street, north of Townsend/Division!! 3th Streets, and east of
South Van Ness Avenue. Such uses may include Formula Retail uses so long as Formula
Retail uses are principally permitted in the underlying zoning.
* * * *
SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS.
* * * *
Table 210.1
ZONING CONTROL TABLE FOR C-2 DISTRICTS
Zoning Category
§ References
RESIDENTIAL STANDARDS AND USES
* * * *
Use Characteristics
Zoning Category
§ References
Intermediate Length
§§ 102,202.10
Occupancy
* * * *
Residential Uses
Zoning Category
§ References
Residential Density, Dwelling
§ 207
Units (5)
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
C-2
I
C-2
I
P(6)
C-2
P at a density ratio not exceeding
the number of dwelling units
permitted in the nearest R District,
with the distance to such R District
measured from the midpoint of the
Page 30
I
I
Senior Housing
§§ 102, 202.2(f)
Residential Density, Group
§ 208
Housing
NON-RESIDENTIAL STANDARDS AND USES
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
front lot line or from a point directly
across the street therefrom,
whichever permits the greater
density; provided, that the
maximum density ratio shall in no
case be less than one unit for each
800 square feet of lot area. NP
above. @.
P up to twice the number of
dwelling units otherwise permitted
as a principal use in the district and
meeting all the requirements of§
202.2(f)(1 ). Cup to twice the
number of dwelling units otherwise
permitted as a principal use in the
district and meeting all
requirements of§ 202.2(f)(1)
except for§ 202.2(f)(1)(D)(iv),
related to location. @.
P at a density ratio not exceeding
the maximum density permitted for
group housing in the nearest R
District, with the distance to such R
District measured from the midpoint
of the front lot line or from a point
directly across the street therefrom,
whichever permits the greater
density; provided, that the
maximum density ratio shall in no
case be less than one bedroom for
each 275 square feet of lot area.
NP above. @.
Page 31
* * * *
Industrial Use Categorr.
Industrial Uses*
§ 102
NP
Agricultural and Beverage
§ 102
p
Processing 1
Agricultural and Beverage
§' 102
p
Processing 2
Manu[_acturing, Light
§ 102
p
* * * *
Sales and Service Categorr.
Retail Sales and Service*
§§ 102, 202.2(a)
p
A19imel Herrpitel
§--1--m
G
* * * *
Non-Retail Sales and
§ 102
p
Service*
beheFttffH'y'
§--1--m
NJ}.
bife &ienee
§--1--m
NF
* * * *
(6) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or
more Dwelling Units. P for Commercial to Residential Adaptive Reuse pro;ects pursuant to
Section 210. 5. regardless o[_ building size.
(7) C on the 2nd floor and above, except that a Massage Establishment located
on the 2nd floor or above accessory to a Hotel, Personal Service,_ or Health Service is P.
(8) In C-2 zoning districts east o[_or fronting Van Ness/South Van Ness /\venue
Franklin Street/13th Street and north o[_Townsend Street, there is no density limit. Density is
regulated by the permitted height and bulk, and required setbacks, exposure, open space. and
other Code requirements applicable to each development lot.
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 32
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
lzoning Category
I§ References
RESIDENTIAL STANDARDS AND USES
* * * *
Use Characteristics
Intermediate Length
§§102, 202.10
Occupancy
* * * *
Residential Uses
Residential Density, Dwelling
§ 207
Units (7)
Senior Housing
§§ 102, 202.2(f)
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Commercial Use Characteristics
* * * *
Formula Retail
§§ 102, 303.1
* * * *
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
I
C-3-
C-3-
C-
C-
C-
O(SD)
3-R
3-G
3-S
P(8)
P(8)
P(8)
P(8)
P(8)
No density limit. Density is
regulated by the permitted height
and bulk, and required setbacks,
exposure, and open space of each
development lot.
No density limit. Density is
regulated by the permitted height
and bulk, and required setbacks,
exposure, and open space of each
development lot. G ReqHif!ed- if
tkw-e/.€Jf}me19/ meets- e/./. f!e(:JHif!eH9e19fS- ef
&etien § ;JQJ. J(f) fl), e*eeptfef! §
JQJ.J(f)fl-HD)fi'P9, re/.€ttea le /.eeelien.
p
p
p
p f6)
p
Page 33
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and
§ 102
p
p
p
p
p
Recreation Uses*
Entertainment, Outdoor
§ 102
NP
NP
NP
NP
f;.p
Livery Stable
§ 102
NP
NP
NP
NP
NP
Open Recreation Area
§ 102
NP
NP
NP
p
p
* * * *
Institutional Use Category
Institutional Uses*
§§ 102, 202.2(e)
p
p
p
p
p
* * * *
Residential Care Facility
§ 102
p
p
p
p
G-P
Trade School
§ 102
NP
NP
NP
p
p
Sales and Service Category
Retail Sales and Service*
§§ 102, 202.2(a)
p
p
p
p
p
Aninqe/. He,t;piff:l/.
~
NF
NF
NF
b
b
* * * *
Non-Retail Sales and
§ 102
p (1)
p (1)
p f2:f
p (1) p (1)
Service*
{ll
* * * *
Design Professional
§ 102
p
p
p f2:f
p
p
{ll
I* * * *
*
Not listed below.
(1) C required if at or below the ground floor.
(2) (Reservedl IVP if/.eceted on floors one end two end does not &jfer on site services to
the genertd puhUc. C required if /.eceted 019 the thirdfioor, orfioors four through six end the use
is Zerger then 5, 000 gross squ&e feet in size.
For uses /.eceted on the thirdfloor, in eddition to the criterie set forth in Section 303, e
Conditione/. Use Authorizetion pursuent to this note shell he gi1iren o,q/y ff the Commissimi
determifqes thet: the propesed use would not require modijicetion of the /.ecetion thet wouwi
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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negBtiwly in9pBct existil'fg BrchitecturBl, historic Bnd Besthetic:feBtblres, or o#wrwise inhibit the
conversion eBck to BprincipBlly permitted use i,q the future; #w proposed use wobtld not hcne Bn
BCtblBl or potentiBl Bd1?erse impBct on BcljBcent zoning districts in ·,vhich non retBil sBles Bnd
seniees uses Bre not permitted; Bnd the proposed b/Se will not result in the development o.fnon
retBil sBles B1qd services uses such thBt the District's prin9Bry functio1q is no longer Bn BreB fer
eompBrison shopper retBiling Bnd direct consumer ser·;ices. Provided further thBt for Bny
ConditionBI Use A uthorkBtion given pursuBnt to the preceding sentence, the P !Bnning
Commission Blso consider the following: whether the proposed use would complement or
Sbtf3J30rtprineij3Blly permitted uses in the District, Bnd whether the site Crjthe proposed use is not
co1qdbicive to crny prilwipBlly permitted uses in the District hy '?irtble CrjphysicBl limitBtions,
including hut not limited to the size Bnd orie19tBtion ofthefioorp!Bte Bnd the nBtblre of
independent Bccess to the thirdfioor
* * * *
(6)-fReserved 7 C required fer FormulB RetBil on properties i,q the C 3 G District with,
fronfBge on }.1arket Street, between 6th Street Bnd the intersectimq Crjl.1arket Street, 12th Street,
Bnd FrBnklin Street.
(7) Construction of Accessory Dwelling Units may be permitted pursuant to
Sections 207(c)(4) and 207(c)(6).
(8) NP for buildings with three or fewer Dwelling Units; C for buildings with 10 or
more Dwelling Units. P for Commercial to Residential Adaptive Reuse pro;ects pursuant to
Section 210. 5, regardless of building size.
SEC. 248. TRANSIT CENTER C-3-0(SD) COMMERCIAL SPECIAL USE
DISTRICT.
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 35
A Special Use District entitled the "Transit Center C-3-0(SD) Commercial
Special Use District" is hereby established for a portion of the C-3-0(SD) district in the
downtown area around the Transbay Transit Center within #w City and CoHnty of San
Francisco, the boundaries of which are designated on Sectional Map SU01 of the
Zoning Map of the City and County of San Francisco. The following provisions shall
apply within the Special Use District:
* * * *
(c) Controls. All new development on lots larger than 15,000 square feet in the
Special Use District shall include not less than J two gross square feet of principally or
conditionally permitted commercial uses for every ..J. one gross square foot of dwellings
or other housing uses.
(d) Exceptions. Exceptions to the controls in ~~ubsection (c) may be granted by
the Planning Commission according to the procedures in Section 309 only if the
Commission makes one of the following affirmative findings:
(1) That the development consists of multiple buildings on a single lot or
adjacent lots that are entitled as a single development project pursuant to Section 309,
and that commercial uses account for greater than 50% percent of the project's
aggregate total gross floor area for all buildings and where the project sponsor
demonstrates that it is infeasible or impractical to construct commercial uses on the
footprint of the portion of the site dedicated to dwellings and/or other housing uses due
to the size and configuration of that portion of the lot; or
(2) That the footprint of the portion of the site dedicated to dwellings
and/or other housing uses is less than 15,000 square feet and the lot contains existing
buildings which are to be retained:-; or
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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(3) That the downtown commercial vacancy rate is persistently high and the
proiect would fulfill its inclusionary requirement pursuant to Planning Code Section 415 through
I 00% on-site or off-site units within the C-3 District.
Section 5. Streamline Sign Permitting in C-3 Districts and Citywide. The
Planning Code is hereby amended by revising Section 604, to read as follows:
SEC. 604. PERMITS AND CONFORMITY REQUIRED.
* * * *
(h)
Nonconforming Signs; Replacement, Alteration, Reconstruction,
Relocation, Intensification, or Expansion. Unless otherwise provided in this Code or
in other Codes or regulations, a lawfully existing sign which fails to conform to the
provisions of this Article 6 shall be brought into conformity when the activity for which
the sign has been posted ceases operation or moves to another location, when a new
building is constructed, or at the end of the sign's normal life. Such sign may not,
however, be replaced, altered, reconstructed, relocated, intensified,_ or expanded in area
or in any dimension except in conformity with the provisions of this Code, including
$~ubsection (i) below. Ordinary maintenance and minor repairs shall be permitted, but
such maintenance and repairs shall not include replacement, alteration, reconstruction,
relocation, intensification,_ or expansion of the sign; provided, however, that alterations
of a structural nature required to reinforce a part or parts of a lawfully existing sign to
meet the standards of seismic loads and forces of the Building Code, to replace a
damaged or weathered signboard, to ensure safe use and maintenance of that sign, to
remediate hazardous materials, or any combination of the above alterations shall be
considered ordinary maintenance and shall be allowed. A sign which is damaged or
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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destroyed by fire or other calamity shall be governed by the provisions of Sections
181(d) and 188(b) of this Code.
A sign which is voluntarily destroyed or removed by its owner or which is required
by law to be removed may be restored only in full conformity with the provisions of this
Code, except as authorized in ~~ubsection (i) below. A general advertising sign that has
been removed shall not be reinstalled, replaced, or reconstructed at the same location,
and the erection, construction, and/or installation of a general advertising sign at that
location to replace the previously existing sign shall be deemed to be a new sign in
violation of Section 611 (a) of this Code; provided, however, that such reinstallation,
replacement, or reconstruction pursuant to a permit duly issued prior to the effective
date of this requirement shall not be deemed a violation of Section 611 (a) and shall be
considered a lawfully existing nonconforming general advertising sign; and further
provided that this prohibition shall not prevent a general advertising sign from being
relocated to that location pursuant to a Relocation Agreement and conditional use
authorization under Sections 611 and 303(k) of this Code and Section 2.21 of the &Ht
Frencisco Administrative Code.
A nonconforming Neon Sign may be physically detached from the building for any
required repairs or maintenance, except that such maintenance or repairs shall not include
replacement, reconstruction, relocation, intensification. or expansion of the Neon Sign. After the
off-site repair or maintenance work is complete. the Neon Sign may be reinstalled at the
premises in the same location where the Neon Sign was previously affixed, so long as such
replacement is completed within 18 months of removal.
* * * *
(m) Existing Signs in the C-3 District. Existing signage in the C-3 District shall not be
sub;ect to the provisions of this Section 604, provided that a change ftom general advertising to
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BOARD OF SUPERVISORS
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nongeneral advertising sign copy or from nongeneral advertising to general advertising sign
copy or an increase in area including, but not limited to, any extensions in the form o[writing,
representation, emblem or any figure o[similar character shall in itself constitute a new sign
subiect to the provisions of this Section 604.
Section 6. Streamline Historic Preservation Review. The Planning Code is
hereby amended by revising Sections 1005 and 1111.1, to read as follows:
SEC. 1005. CONFORMITY AND PERMITS.
*
*
*
*
(e) After receiving a permit application from the Central Permit Bureau in
accordance with the preceding subsection, the Department shall ascertain whether a
Certificate of Appropriateness is required or has been approved for the work proposed
in such permit application. If a Certificate of Appropriateness is required and has been
issued, and if the permit application conforms to the work approved in the Certificate of
Appropriateness, the permit application shall be processed without further reference to
this Article 10. If a Certificate of Appropriateness is required and has not been issued, or
if the permit application does not conform to what was approved, the permit application
shall be disapproved or held by the Department until such time as conformity does exist
either through modifications to the proposed work or through the issuance of an
amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the
following cases the Department shall process the permit application without further
reference to this Article 10:
*
*
*
*
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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(9) When the application is for a permit to install a City-sponsored
Landmark plaque to a landmark or district, provided that the improvements conform to
the requirements outlined in Section 1006.6 of this Code:-; or
(10) When the application is for a Qualifying Scope o{Work. as delegated by
HPC to Department and periodically updated, and the site is located in C-3 zoning districts.
* * * *
SEC. 1111.1. DETERMINATION OF MINOR AND MAJOR AL TERA TIONS.
* * * *
(c) All applications for a Permit to Alter that are not Minor Alterations delegated
to Department staff shall be scheduled for a hearing by the HPC pursuant to the
procedures in Section~ 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the
following cases the Department shall process the permit application without further
reference to the Permit to Alter procedures outlined herein:
(1) When the application is for a permit to make improvements to provide
an accessible entrance to a Significant or Contributory building or any building within a
Conservation District provided that the improvements conform to the requirements
outlined in Section 1111.6 of this Code;
(2) When the application is for a permit to install business signs to a
Significant or Contributory building or any building within a Conservation District
provided that signage and transparency conform to the requirements outlined in Section
1111.6 of this Code; f»'
(3) When the application is for a permit to install non-visible rooftop
appurtenances to a Significant or Contributory building or any building within a
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 40
Conservation District provided that the improvements conform to the requirements
outlined in Section 1111.6 of this Code=-..:.
(4)
When the application is for a permit to install an awning to a Significant or
Contributory building or any building within a Conservation District provided that the awning
conforms to the requirements outlined in Section 1111. 6 of this Code; or
(5) When the application is for a Qualifying Scope of Work, as delegated by HPC
to the Department, as periodically updated.
Section 7. Provide Alternatives to On-Site Open Space in Certain C-3 Districts.
The Planning Code is hereby amended by revising Section 426, to read as follows:
SEC. 426. PAYMENT FOR REQUIRED NON-RESIDENTIAL OPEN SPACE
NOT PROVIDED IN THE EASTERN NEIGHBORHOODS MIXED USE AND C-3-0(SD}
DISTRICTS.
* * * *
(b) C-3-0(SD} District. In the C-3-0(SD) District, if a project sponsor chooses
to pay the in-lieu fee described in Section 1380)(4), a fee of $1,410 shall be required for
each square foot of usable open space not provided. This fee shall be adjusted in
accordance with Section 409. This fee shall be paid into the Transit Center District
Open Space Fund, as described in Sections 424.6 et seq. of this Article 4. Said fee shall
be used for the purpose of acquiring, designing, and improving public open space,
recreational facilities, and other open space resources, which are expected to be used
solely or in substantial part by persons who live, work, shop,_ or otherwise do business in
the Transit Center District.
(c) C-3-0 District, C-3-S District, and C-3-G District. In the C-3-0, C-3-S, and C-3-G
Districts, ifa proiect sponsor chooses to pay the in-lieu fee described in Section 138(i)(4), a fee
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 41
of$1,410 shall be required for each square foot of usable open space not provided. The amount
of this fee shall equal the fee payable under this subsection (b) and shall be adiusted in
accordance with Section 409. This fee shall be paid into the Downtown Park Fund, as described
in Section 412 ofthis Article 4. Said fee shall be used for the purpose of acquiring, designing,
and improving public open space, recreational facilities, and other open space resources, which
are expected to be used solely or in substantial part by persons who live, work, shop, or
otherwise do business Downtown.
(d) C-3-R District. In the C-3-R Districts, i(a proiect sponsor chooses to pay the in-lieu
fee described in Section 1380)(4), a fee shall be required for each square foot of usable open
space not provided. The amount of this fee shall equal the fee payable under this subsection (b)
and shall be adiusted in accordance with Section 409. This fee shall be paid into the Union
Square Park, Recreation, and Open Space Fee, as described in Sections 434 o(this Article 4.
Said fee shall be used for the purpose of acquiring, designing, and improving public open space,
recreational facilities, and other open space resources, which are expected to be used solely or
in substantial part by persons who live, work, shop, or otherwise do business Downtown.
Section 8. Facilitate Residential Adaptive Reuse in the Building Code. Chapter
1A of the 2022 San Francisco Building Code is hereby amended by adding Section
111A, to read as follows:
SECTION 11 JA -ADAPTIVE REUSE
JJJA.J Purpose and intent. The purpose ofthis Section 11 lA (consisting ofSections
l llA. l, l llA. 2, and 11 lA. 3) is to amend, expand, establish, and clarify alternative building
standards for the conversion of existing non-residential buildings to accommodate new
residential uses and still provide reasonable safety to the building occupants, as a means to
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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promote the safe, flexible use of the existing structures, as part of the City's strategy for
economic recovery.
Key to the furtherance of this purpose is the ability of the Building Official and Fire Code
Official to effectively use their authority to grant code modifications or authorizations for
alternative materials, design and methods of construction, and equipment to address practical
difficulties involved in complying with the strict provisions of the code or consider alternative
design or methods not specifically prescribed in the code.
For example, the Building Official and Fire Code Official are authorized to consider
alternative building standards consistent with Sections 17951 and 19957 ofthe California
Health and Safety Code.
JJJA.2 Scope. This Section I I IA may apply to pro;ects that meet the definition and
applicable requirements for Commercial to Residential Adaptive Reuse pro;ects pursuant to
Planning Code Section 210.5.
Nothing in this Section I I IA shall preclude the use ofthe California Historical Building
Code for the conversion ofa building that the Planning Department has determined to be a
qualified historic building or that may otherwise be eligible to use the California Historical
Building Code. If a pro;ect elects to use the standards established in the California Historical
Building Code, that pro;ect shall not be permitted to use the alternative building standards of
this Section 111 A.
11 JA.3 Compliance requirements. Generally, the San Francisco Building Code, which
adopts and amends the most recent edition of the California Building Standards Code, applies to
new construction or a change of use or occupancy. For the conversion of existing non-
residential buildings to accommodate new residential uses, however, alternative building
standards described in an alternative building standards manual (described below) may apply.
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
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The Building Official and Fire Code Official shall prepare, maintain. and update, as
necessary and appropriate, an alternative building standards manual. which shall provide the
building standards applicable to Commercial to Residential Adaptive Reuse proiects as defined
in Planning Code Section 210.5. This alternative building standards manual shall include
technical information and implementation parameters, standards for determining technical
infeasibility, and alternative standards i(technical infeasibility is present, as well as other rules,
requirements and procedures as the City deems necessary, for implementing the intent of this
Section 1 J JA.
The Building Official and Fire Code Official shall develop, as deemed necessary and
appropriate, in cooperation with other City departments and stakeholders, information sheets,
administrative bulletins, training manuals, and educational materials to assist in the
implementation of this alternative building standards manual and this Section 11 lA.
Section 9. Principally Permitting Formula Retail on a Portion of Showplace
Square Area. The Planning Code is hereby amended by revising Section 843, to read
as follows:
SEC. 843. UMU - URBAN MIXED USE DISTRICT.
* * * *
Table 843
UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE
No.
Zoning Category
* * * *
Retail Sales and Services
* * * *
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
§
Urban Mixed Use District
References Controls
Page 44
843.46
Formula Retail
§§ 303.1,
C. If approved, subject to
843.45
size controls in Section
843.45. m
* * * *
* * * *
(3) Pon Assessor's Parcel Block No. 3 781, Lot 003, and the size controls in Section
843. 45 shall not apply.
* * * *
Section 10. 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 11. 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:
Austin M. Yang
AUSTIN M. YANG
Deputy City Attorney
n:\legana\as2023\2300216\01683207.docx
Mayor Breed; Supervisors Peskin, Mandelman, Stefani
BOARD OF SUPERVISORS
Page 45
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230371
Date Passed: June 27, 2023
Ordinance amending the Planning Code to 1) facilitate residential uses Downtown by authorizing the
conversion of non-residential uses to residential use in C (Commercial) zoning districts, and exempting
such projects from requirements for rear yard, open space, streetscape improvements, dwelling unit
exposure, bike parking, transportation demand management, dwelling unit mix, and Intermediate
Length Occupancy controls, permitting live work units in such projects, streamlining administrative
approvals for projects in the C-3 zoning district, and modifying the dimensional limits on exemptions to
height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses; 2)
economically revitalize Downtown by adding Flexible Workspace as a defined use, authorizing large
scale retail uses in the C-3 zoning district, allowing window displays in the C-3 zoning district, allowing
Flexible Workspace as an active ground floor commercial use along certain street frontages in C-3
zoning districts, allowing accessory storage in any C zoning district, allowing the temporary installation
for 60 days of certain signs in the C-3-R district, allowing temporary non-residential uses in vacant
spaces for up to one year, including formula retail, reducing density limits for Residential Dwelling Units
and Senior Housing in the C-2 zoning districts east of or fronting Franklin Street/13th Street and north
of Townsend Street, principally permitting Laboratory, Life Science, Agricultural and Beverage
Processing, and Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing,
Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and
Trade Schools in the C-3 zoning district, allowing formula retail as a ground floor use on Market Street,
principally permitting office and design professional uses on the second floor and higher in the C-3-R
zoning district, and requiring consideration of office vacancy in consideration of granting exceptions in
the Transit Center Commercial Special Use District; 3) streamline sign permitting citywide and in the
C-3 districts by allowing for the repair and rehabilitation of certain neon signs, and exempting existing
business signs in the C-3 zoning district from certain zoning controls; 4) streamline Historic
Preservation review of administrative certificates of appropriateness, and minor permits to alter for
awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation
Commission; 5) increase threshold for large projects subject to commercial to residential ratios in the
C-3-0 district, and provide alternatives to on-site open space in certain C-3 districts by allowing for
payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive
reuse by amending the Building Code to add standards for adaptive reuse of non-residential buildings;
and 7) principally permit formula retail and waive size limitations for such uses on a portion of
Showplace Square Area (555-9th Street, Assessor's Parcel Block No. 3781, Lot No. 003); 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 05, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
June 05, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED
June 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
June 12, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
City and County of San Francisco
Page I
Printed at 9:40 am 011 6/28123
June 12, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED
June 13, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
June 27, 2023 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
File No. 230371
London N. Breed
Mayor
City and County of San Francisco
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/27/2023 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 9:40 am 011 6/28/23
