AMENDED IN BOARD
FILE NO. 180364
9/18/2018
ORDINANCE NO. 224-18
[Planning Code -Affordable Housing Projects on Undeveloped Lots in Service/Arts/Light
Industrial Districts]
Ordinance amending the Planning Code to permit Affordable Housing on undeveloped
lots in Service/Arts/Light Industrial (SALi) Zoning Districts; affirming the Planning
Department's determination under the California Environmental Quality Act; and
making findings of consistency with the General Plan, and the eight priority policies of
Planning Code, Section 101.1 and findings of public necessity, convenience, and
welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times l'kw Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 180364 and is incorporated herein by reference. The Board affirms
this determination.
(b) On July 12, 2018, the Planning Commission, in Resolution No. 20229, 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
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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. 180364, and is incorporated herein by reference.
(c) Pursuant to Planning Code, Section 302, the Board of Supervisors finds that these
Planning Code amendments will serve the public necessity, convenience, and welfare for the
reasons set forth in Planning Commission Resolution No. 20229, 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. 180364, and is incorporated herein by reference.
Section 2. Additional Findings.
(a) Former Mayor Edwin Lee's Executive Directive No. 17-02, issued on September 27,
2017, states that "Years of failing to build homes has resulted in families and long-term
residents leaving San Francisco in search of more affordable places to live .... We must
continue to prioritize the production of housing in a smart, thoughtful manner that adds homes
for residents of all economic levels."
(b) Parcels that were rezoned to Service Arts Light Industrial (SALi) with the adoption
of the Western SoMa Plan in 2013 were previously within the Service Light Industrial (SLI)
District, where affordable housing was permitted. The SALi controls eliminated the allowance
for affordable housing, diminishing the limited supply of land available for construction of new
affordable housing.
(c) The amended zoning controls in this ordinance strike a balance between preserving
light industrial and arts uses and meeting the need for new affordable housing. They will
permit new affordable housing on parcels in the SALi District that are presently undeveloped,
but leave in place the general prohibition on new housing construction on developed sites,
thus ensuring that no uses existing as of the effective date of this ordinance are displaced by
new affordable housing construction.
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Section 3. The Planning Code is hereby amended by renumbering existing Sections
846.24 and 846.25 as Sections 846.25 and 846.26 respectively, adding a new Section
846.24, deleting existing Section 846.26, and revising Sections 263.28, 803.8, 846, 846.20,
846.21, and 846.22, to read as follows:
SEC. 263.28. SPECIAL EXCEPTIONS: SALi DISTRICTS IN THE 40 55 X HEIGHT
AND BULK DISTRICT and Affordable Housing Projects in SALi Districts.
(a) Purpose. Arts activities are encouraged in the 'Nestern SoMa Planning /\rea
1 O
Special Use District, and especially in the SALi District. Therefore, additional development
potential is provided in the SALi District when additional space is provided for the exclusive
use of arts activities.
(b) Applicability. This Section 263.28 shall apply to all properties zoned SALi and a
Height and Bulk district of 40 55 X, and Affordable Housing Projects under Section 846.24.
(c) Controls.
(1) Additional Height Permitted. In SALi Districts in the 40 55 X Height and Bulk
District, buildings are limited to a maximum height of 40 feet unless all of the following criteria
are met, in which case they may extend to a maximum height of 55 feet. Affordable Housing
Projects under Section 846.24 are limited to a maximum height of 45 feet unless all of the
follmving criteria are met, in i.Nhich case they may extend to 55 feet:
(A) At least one Story of the Building, as defined in Section 102, located
on the First Story or above, as defined in Section 102 under the definition for Story, is
designated for the exclusive use of Arts Activities, as defined in Section 102. If the First Story
is designed for the use of Arts Activities, it shall also be permitted to contain lobbies, egress,
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building services, and other features necessary for the operation of the building and permitted
uses elsewhere in the building.
(B) /\.ny such story dedicated to arts activities pursuant to Ssubsections
(2) and (3) belmv, regardless of its location 'Nithin the building, shall have a minimum floor to
floor height of 15 feet.
* * * *
SEC. 803.8. HOUSING IN MIXED USE DISTRICTS.
1 O
(a) Low-Income Affordable Housing Within the Service/Light Industrial and
Service/Arts/Light Industrial Distric~. Dwelling Units and SRO units may be authorized in the
SU District as a Conditional Use pursuant to Sections 303, 817.14, and 817.16 of this CodeL
and Dwelling Units, SRO Units, and Group Housing are principally permitted in the SAL! District
pursuant to Sections 846.20, 846.21, 846.22, and 846.24 ofthis Code, provided that such Dwellings
Units shall be rented, leasedL or sold at rates or prices affordable to a household whose
income is no greater than 80% of the median income for households in San Francisco ("lower
income household"), as determined by Title 25 of the California Code of Regulations Section
6932 and implemented by the Mayor's Office of Housing and Community Development.
* * * *
SEC. 846. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT.
The Service/Arts/Light Industrial (SALi) District is largely comprised of low-scale
buildings with production, distribution, and repair uses. The district is designed to protect and
facilitate the expansion of existing general commercial, manufacturing, home and business
Supervisor Kim
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service, and light industrial activities, with an emphasis on preserving and expanding arts
activities. Nighttime Entertainment is permitted although limited by buffers around RED and
RED-MX districts. Residential Uses, Offices, Hotels, and Adult Entertainment uses are not
permitted:-, except that certain Affordable Housing Projects are permitted within the district pursuant
to Section 846.24 of this Code, and Accessory Dwelling Units are permitted within the district
pursuant to subsection 207(c)(4) of this Code.
Table 846
SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE
No.
Zoning Category
§
SAL/ District Controls
References
* * * *
Residential Uses
846.20
Dwelling Units
§.{ 102.7L
NP, except [2Ursuant to § 846.24
846.24
846.21
Group Housing
§.{ 890.88(b)_,_ NP, except pursuant to § 846.24
846.24
§§ 823,
846.22
SRO Units
890.88(c)_,_
NP, except pursuant to§ 846.24
846.24
846.23
Student Housing
§ 102.36
NP
846.23b Homeless Shelters
§§ 102,
C#
890.88(d)
846.24
Affordable Housinf! Project
~ 803. 8
P# (vursuant to Svecific Provisions for
ISALI Districts)
846.:2425 Dwelling Unit Density Limit §§ 124,
No density limit #
207.5, 208
846.~2 6 Dwelling Unit Mix
§ 207.6
Not applicable
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* * * * * * * *
* * * *
* * * *
SPECIFIC PROVISIONS FOR SALi DISTRICTS
Supervisor Kim
BOARD OF SUPERVISORS
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Article Code
Section
§ 846.23b
§ 890.88(d)
803.8
846.24
Supervisor Kim
Other Code
Section
§ 102
BOARD OF SUPERVISORS
Zoning Controls
In this District, Homeless Shelter uses are permitted only
ith Conditional Use authorization and only if each such
use (a) would operate for no more than four years, and (b)
ould be owned or leased by, operated by, and/or under
he management or day-to-day control of the City and
County of San Francisco. If such a use is to be located
ithin a building or structure, the building or structure must
be either (a) preexisting, having been completed and
previously occupied by a use other than a Homeless
Shelter, or (b) temporary. In this District, construction of a
permanent structure or building to be used as a Homeless
Shelter is not permitted.
FFORDABLE HOUSING PROJECTS
oundaries: Within the boundaries o SAL! Districts.
Page 6
§ 846.cJ.425
§ 207(c)(4)
§ 846.36
§ 890.133
to anv annlicable excevtions or bonuses available under state
law or this Code.
Affordable Housinz Proiects shall be elifrible for the I 00 Percent
Affordable Housimz Bonus Prorzram and shall be considered a
oermitted residential use in the SAL! District in order to meet
the reauirement set forth in Section 206.4(b)(2)(B) of this Code.
ACCESSORY DWELLING UNITS
Boundaries: Within the boundaries of the SALi Districts.
Controls: An "Accessory Dwelling Unit," as defined in
Section 102 and meeting the requirements of Section
207(c)(4) is permitted to be constructed within an existing
building in areas that allow residential use or within an
existing and authorized auxiliary structure on the same lot.
Medical cannabis dispensaries in the SALi may only
operate between the hours of 8:00 a.m. and 10:00 p.m.
Section 4. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
/II
Ill
Ill
Ill
Supervisor Kim
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additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
h~
-
By:
/ ·,
PETERRMfLJANICH
Deputy City Attorney
n:\legana\as2018\1800416\01304940,docx
Supervisor Kim
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:
180364
Date Passed: September 25, 2018
Ordinance amending the Planning Code to permit Affordable Housing on undeveloped lots in
Service/Arts/Light Industrial (SALi) Zoning Districts; affirming the Planning Department's
determination under the California Environmental Quality Act; and making findings of consistency
with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of
public necessity, convenience, and welfare under Planning Code, Section 302.
July 30, 2018 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
July 30, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
September 04, 2018 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
September 11, 2018 Board of Supervisors - CONTINUED ON FINAL PASSAGE
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
September 18, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
September 18, 2018 Board of Supervisors - DUPLICATED AS AMENDED
September 18, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
September 25, 2018 Board of Supervisors - Fl NALLY PASSED
City and County of San Fnmcisco
Ayes: 10 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani
and Tang
Excused: 1 - Yee
Page 1
Printed at 10:47 am on 9126118
File No. 180364
London N. Breed
Mayor
City and County of San Fr1111cisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
9/25/2018 by the Board of Supervisors of
the City and County of San Francisco.
--
Angela Calvillo
Clerk of the Board
Date Approved
Printed 111I0:47 11111 011 9126118
