FILE NO. 240193
AMENDED IN COMMITTEE
3/4/2024
ORDINANCE NO. 113-24
[Planning Code - Parcel Delivery Service]
Ordinance amending the Planning Code to require Conditional Use authorizations for
establishing Parcel Delivery Service uses, prohibit Non-Cannabis Parcel Delivery
Service as an accessory use, and revise zoning control tables to reflect these changes;
affirming the Planning Department's determination under the California Environmental
Quality Act; and making public necessity, convenience, and welfare findings under
Planning Code, Section 302, and findings of consistency with the General Plan, and the
eight priority policies of Planning Code, Section 101.1.
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 strilcethrough italics Tinws New Romt1nfont.
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. 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. 240193 and is incorporated herein by reference. The Board affirms
this determination.
(b) On April 25, 2024, the Planning Commission, in Resolution No. 21549, 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
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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,,
f'
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. 240193, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21549, and the Board adopts such reasons as
its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 240193 and is incorporated herein by reference.
Section 2. The Planning Code is hereby amended by revising Sections 102, 204.3,
210.1, 210.2, 210.3, 210.4, 303, 703,712,803.2, 830,831,832,833,836,838,839, and 840,
to read as follows:
SEC. 102. DEFINITIONS.
* * * *
Service, Parcel Delivery. A Non-Retail Automotive Use limited to facilities for the
unloading, sorting, and reloading of local retail merchandise for deliveries, including but not
limited to cannabis and cannabis products, where the operation is conducted entirely within a
completely enclosed building, including garage facilities for local delivery trucks, but excluding
repair shop facilities. Within WJzere permitted i1q PDR Districts, this use is not required to be
operated within a completely enclosed building. Parcel Delivery Service for merchandise or
products other than cannabis and cannabis products use requires a Conditional Use
authorization pursuant to Section 303(cc) and is not allowed as an accessory use to any other
principal use.
* * * *
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS INC, 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.
(f} Prohibition of Non-Cannabis Parcel Delivery Service as Accessory Use.
Parcel Delivery Service, as defined in Section 102 of the Planning Code, for merchandise or
products other than cannabis and cannabis products is not allowed as an accessory use to
any other principal use.
SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS.
* * * *
Table 210.1
ZONING CONTROL TABLE FOR C-2 DISTRICTS
Zoning Category
§ References
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Service, Parcel Delivery
§.§: 102, 30JCcc2
* * * *
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
C-2
C
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* * * *
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
Zoning
C-3-
§ References
C-3-0
C-3-R
C-3-G
Category
O(SD)
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Service, Parcel
§.§: 102, 303(cc)
C
C
C
C
Delivery
* * * *
SEC. 210.3. PDR DISTRICTS.
* * * *
Table 210.3
ZONING CONTROL TABLE FOR PDR DISTRICTS
Zoning
§ References
PDR-1-B
PDR-1-D
Category
* * * *
NON-RESIDENTIAL STANDARDS AND USES
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
PDR-1-G
C-3-S
C.P.
PDR-2
Page4
* * * *
Automotive Use Category
* * * *
Service, Motor
§ 102
p
p
p
Vehicle Tow
Service, Parcel
§§ 102, 303(cc)
C
C
C
Delivery_
* * * *
* * * *
SEC. 210.4. M DISTRICTS: INDUSTRIAL.
* * * *
Table 210.4
ZONING CONTROL TABLE FOR M DISTRICTS
Zoning Category
§ References
M-1
M-2
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Parking Lot, Public
§§ 102, 142, 156
C
C
Service, Parcel Delivery_
§§ 102, 303(cc)
C
C
* * * *
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
p
C
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* * * *
SEC. 303. CONDITIONAL USES.
* * * *
(bb) Social Service and Philanthropic Facilities in Chinatown Visitor Retail,
Chinatown Residential Neighborhood Commercial, and Chinatown Community
Business Districts. With regard to a Conditional Use application for a Social Service or
Philanthropic Facility use pursuant to Section 121.4 of this Code, in addition to consideration
of the criteria set forth in subsection (c) above, the Planning Commission shall, in order to
grant a Conditional Use Authorization, find that the proposed use will primarily serve the
Chinatown neighborhood.
(cc) Parcel Delivery Services.
(I) Criteria. With respect to a Conditional Use application for Parcel Delivery
Service use as defined in Section 102 of the Planning Code that is less than 5.000 square feet
in size. the Planning Commission shall consider the criteria in subsections (c) and (d) above.
With respect to a Conditional Use application for Parcel Delivery Service use that is 5,000 square
feet or larger. as defined in Section 102 of the Planning Code, in addition to the criteria in
subsections (c) and (d) above, the Planning Commission shall consider the following:
(A) The extent to which the use will adversely impact traffic patterns and
queuing times and add total vehicle miles traveled, including by delivery drivers and couriers operating
to and from the site;
(B) The greenhouse gas emissions resulting from operating o(the site, including
from indirect sources such as courier and delivery vehicles;
(C) The impact that the use will have on public transit, public safety, and
emergency response, with particular attention paid to the rate of workplace in;ury associated with the
use and moving violations and traffic accidents requiring public safety or emergency service response,·
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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(D) The impact on educational institutions located near the site: and
~Q.) An economic impact study. The Planning Department shall prepare an
economic impact study using City staff or shall, consistent with the Charter, select a consultant from a
pool ofpre-quali[ied consultants to prepare the economic impact study required by this subsection (cc).
The economic impact study shall be considered by the Planning Commission in its review of the
application. In the event a consultant is used, the applicant shall bear the cost ofpaying the consultant
for their work preparing the economic impact study, and any necessary documents prepared as part of
that study. The study shall evaluate the potential economic impact of the applicant's proposed proiect,
including:
(i) Employment Analysis. The report shall include the following
employment information: a proiection of both construction-related and permanent employment
generated by the proposed proiect, and a discussion of whether the employer ofthe proposed proiect
will pay a living wage, inclusive of non-salary benefits expected to be provided, relative to San
Francisco's cost of!iving. The employment analysis shall also include a discussion of the past and
current employment practices oft he proposed operator, if any, including but not limited to artificial
intelligence utilization and autonomous vehicles driven in ratio of human-operated activities.
(ii) Fiscal Impact. The report shall itemize public revenue created by the
proposed proiect and public services needed because of the proposed proiect, relative to net fiscal
impacts to the General Fund. The impacts to the City's public facilities and infrastructure shall be
estimated using the City's current assumptions in existing nexus studies (including area plan, transit,
open space in-lieu fee and other impact fees), and should account for any contributions the proposed
proiect would make through such impact fee payments.
(2) Required Additional Conditions. All Parcel Delivery Service facilities shall be
subiect to at least the following conditions o(proiect approval:
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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(A) Electrification. Facilities shall include necessary infrastructure and
electrical capacity to accommodate and charge electric vehicles-including electric heavy-duty
delivery trucks, employee vehicles, and all other zero-emission vehicles accessing the facility; power
refrigeration for refrigerated spaces; and serve any other processes that would otherwise rely upon
fossil fuel combustion. Facilities shall install battery storage to address power disruption. Diesel
back-up generators shall only be permitted if the facility demonstrates battery storage is infeasible and
shall meet CARB 's Tier 4 emission standards or meet the most stringent in-use standard, whichever has
the least emissions.
(B) Idling of Vehicles. To reduce idling emissions from transport trucks, the
facility shall have signage placed at truck access points, loading docks, and truck parking areas that
clearly notes idling for more than three minutes is strictly prohibited on the subiect property. The
.facility shall fund placement of similar signs installed by the City in the adiacent streets used for
access. Each sign placed outside the property should note the California Air Resources Board idling
prohibitions on the adiacent streets and include telephone numbers ofthe building facilities manager
and the California Air Resources Board to report violations. All signage should be made of weather-
proof materials. All site and architectural plans submitted to the City shall note the locations of these
SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.
* * * *
(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1
(Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other
Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as
defined in Section 102 shall be permitted when located on the same lot. Notwithstanding the
foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory
Use in connection with any Eating and Drinking Use regardless of the floor area occupied by
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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such Accessory Use, so long as (1) the hours of operation for the accessory Retail
Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also
open for business to the general public on each day during which the accessory Retail
Workspace use is open. Any Use that does not qualify as an Accessory Use shall be
classified as a Principal or Conditional Use unless it qualifies as a temporary use under
Sections 205 through 205.4 of this Code. Parcel Delivery Service, as defined in Section 102
of the Planning Code, for merchandise or products other than cannabis and cannabis
products is not allowed as an accessory use to any other principal use.
* * * *
SEC. 712. NC-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL
DISTRICT.
* * * *
Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3
ZONING CONTROL TABLE
Zoning Category
§ References
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
NON-RESIDENTIAL USES
* * * *
Automotive Use Category
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
NC-3
Controls
Controls by Story
1st
/ 2nd
/ 3rd+
Page 9
Automotive Uses*
* * * *
* * * *
§§ 102, 187.1, 202.2(b},.
303(cc)
C
NP
SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.
* * * *
NP
(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1
(Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other
Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use
as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located
on the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a
Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205
through 205.4 of this Code. Parcel Delivery Service, as defined in Section 102 of the
Planning Code. for merchandise or products other than cannabis and cannabis products is not
allowed as an accessory use to any other principal use.
* * * *
SEC. 830. CMUO-CENTRAL SOMA MIXED USE-OFFICE DISTRICT.
* * * *
Table 830
CMUO-CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE
Central SoMa Mixed Use-Office District Controls
Zoning Category
§ References
j Controls
NON-RESIDENTIAL STANDARDS & USES
* * * *
Automotive Use Category
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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* * * *
Service, Motor Vehicle Tow
§ 102
C
Service, Parcel Delivery_
~~ 102, 303Ccc2
C
* * * *
* * * *
SEC. 831. MUG - MIXED USE-GENERAL DISTRICT.
* * * *
Table 831
MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE
Mixed Use-General District
Zoning Category
§ References
Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Service, Motor Vehicle Tow
§ 102
C(1)
Service, Parcel Delivery_
~~ 102, 303Ccc2
C
* * * *
* * * *
SEC. 832. MUO - MIXED USE-OFFICE DISTRICT.
* * * *
Table 832
MUO - MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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Mixed Use-Office District
Zoning Category
§ References
Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel DeliverY._
i§ 102, 303Ccc)
C
I* * * *
* * * *
SEC. 833. MUR - MIXED USE-RESIDENTIAL DISTRICT.
* * * *
Table 833
MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE
Mixed Use-Residential
Zoning Category
§ References
District Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel DeliverY._
§§ 102, 303Ccc)
C
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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* * * *
I
-
* * * *
SEC. 836. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT.
* * * *
Table 836
SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE
Service/Arts/Light
Zoning Category
§ References
Industrial District Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel Delivery__
ff 102, 303Ccc2
C
* * * *
* * * *
SEC. 838. UMU - URBAN MIXED USE DISTRICT.
* * * *
Table 838
UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE
Urban Mixed Use District
Zoning Category
§ References
Controls
* * * *
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel Delivery_
{{ 102, 303Ccc2
C
* * * *
* * * *
SEC. 839. WMUG - WSOMA MIXED USE-GENERAL DISTRICT.
* * * *
Table 839
WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE
Western SoMa Mixed Use-
Zoning Category
§ References
General District Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel Delivery_
{{ 102, 303Ccc2
C
* * * *
* * * *
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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1 1
SEC. 840. WMUO - WSOMA MIXED USE-OFFICE DISTRICT.
* * * *
Table 840
WMUO-WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE
Western SoMa Mixed Use-
Zoning Category
§ References
Office District Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Automotive Use Category
* * * *
Public Parking Lot
§ 102
NP
Service, Parcel Deliver}!__
§_§_ 102, 303(ccl
C
* * * *
* * * *
Section 3. Effective Date: Retroactivity.
(a)
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.
(bl
It is the intent of this Board of Supervisors that the interim controls imposed by
the resolution in Board of Supervisors File No. 230817, which will expire on March 308-, 2024,
and which will be made permanent by this ordinance, continue without interruption.
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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Therefore, upon the effective date of this ordinance, the ordinance shall be retroactive to
March 308, 2024.
Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
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/ Robb Kapla
ROBB KAPLA
Deputy City Attorney
n:\legana\as2024\2300343\017 41016.docx
Supervisors Chan; Dorsey, Stefani, Mandelman, Preston, Melgar, Engardio
BOARD OF SUPERVISORS
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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:
240193
Date Passed: June 04, 2024
Ordinance amending the Planning Code to require Conditional Use authorizations for establishing
Parcel Delivery Service uses, prohibit Non-Cannabis Parcel Delivery Service as an accessory use, and
revise zoning control tables to reflect these changes; affirming the Planning Department's determination
under the California Environmental Quality Act; and making public necessity, convenience, and welfare
findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the
eight priority policies of Planning Code, Section 101.1.
March 04, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
March 04, 2024 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
May 20, 2024 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE
REPORT
May 21, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
June 04, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
Page I
Printed at 9:03 am on 6/5124
File No. 240193
London N. Breed
Mayor
City and County of San Francisco
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/4/2024 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 9:03 am on 6/5124
