169.6

SEC. 169.6. TRANSPORTATION DEMAND MANAGEMENT PROGRAM STANDARDS.

(a) The Planning Commission, with the assistance of the Planning Department and in consultation with staff of the San Francisco Municipal Transportation Agency and the San Francisco County Transportation Authority, shall adopt the Planning Commission Standards for the Transportation Demand Management Program, or TDM Program Standards. The TDM Program Standards shall contain the specific requirements necessary for compliance with the TDM Program. The TDM Program Standards shall be updated from time to time, as deemed appropriate by the Planning Commission, to reflect best practices in the field of Transportation Demand Management. (b) When preparing, adopting, or updating the TDM Program Standards, the Planning Commission shall consider the primary goals of Section 169, that is, to reduce VMT from new development in order to maintain mobility as San Francisco grows, and to achieve better environmental, health and safety outcomes. In addition, the Planning Commission shall consider the following principles: (1) The requirements of the TDM Program, as set forth in the TDM Program Standards, shall be proportionate to the total amount of VMT that Development Projects produce, and shall take into account site-specific information, such as density, diversity of land uses, and access to travel options other than the private automobile in the surrounding vicinity. (2) The TDM Program Standards shall provide flexibility for Development Projects to achieve the purposes of the TDM Program in a way that best suits the circumstances of each Development Project. To that end, the TDM Program Standards shall include a menu of TDM measures from which to choose. Each measure in this TDM menu shall be designed to reduce VMT by site residents, tenants, employees, or visitors, as relevant to the Development Project, and must be under the control of the developer, property owner, or tenant. (3) Each of the TDM measures in the TDM Program Standards shall be assigned a number of points, reflecting its relative effectiveness to reduce VMT. This relative effectiveness determination shall be grounded in literature review, local data collection, best practice research, and/or professional transportation expert opinion, and shall be described in the TDM Program Standards. (c) One year after the effective date of the TDM Program, the Planning Department shall prepare a report analyzing the implementation of the TDM Program and describing any changes to the TDM Program Standards. Every four years, following the periodic updates to the San Francisco Countywide Transportation Plan that the San Francisco County Transportation Authority prepares, the Planning Department shall prepare a report containing the same information. The Planning Department shall present such reports to the Planning Commission, and may present them to the Board of Supervisors during a public hearing, if a Supervisor chooses to request a hearing on the matter. (Added by Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017) ARTICLE 1.7: COMPLIANCE Sec. 170. Applicability of Requirements. Sec. 171. Compliance of Uses Required. Sec. 172. Compliance of Structures, Open Spaces, and Off-Street Parking and Loading Required. Sec. 173. Compliance of Lots Required. Sec. 174. Compliance with Conditions, Stipulations and Special Restrictions Required. Sec. 175. Approval of Permits or Development Applications. Sec. 175.1. Effective Date of the Central SoMa Zoning Controls. Sec. 175.5. Applicability of Western SoMa Controls to Pending Projects in the SALI District. Sec. 175.6. Effective Date of the Eastern Neighborhoods Zoning Controls. Sec. 175.9. Duration of Authorization in the Eastern Neighborhoods. Sec. 176. Enforcement Against Violations. Sec. 177. Legitimization of Certain Massage Establishments. Sec. 178. Conditional Uses. Sec. 179. Uses Located in Neighborhood Commercial Districts. Sec. 179.1. Legitimization of Uses Located in the Eastern Neighborhoods. Sec. 180. Nonconforming Uses, Noncomplying Structures and Substandard Lots of Record: General. Sec. 181. Nonconforming Uses: Enlargements, Alterations and Reconstruction. Sec. 182. Nonconforming Uses: Changes of Use. Sec. 183. Nonconforming Uses: Discontinuance and Abandonment. Sec. 183.1. Permitted, Non-Conforming, and Conditionally Permitted Uses: Temporary Uses. Sec. 184. Short-Term Continuance of Certain Nonconforming Uses. Sec. 185. Continuance of Other Nonconforming Uses. Sec. 186. Exemption of Limited Commercial and Industrial Nonconforming Uses in RH, RM, RTO-1, RTO-M, and RED Districts. Sec. 186.1. Exemption of Nonconforming Uses in Neighborhood Commercial Districts. Sec. 186.2. Exceptions for Pre-existing Structures in Neighborhood Commercial Districts From Certain Limitations on Upper-Story Uses Imposed Under Article 7. Sec. 187. Audit Properties; Amnesty Program. Sec. 187.1. Automotive Service Stations, Electric Vehicle Charging Locations, and Gas Stations as Legal Nonconforming Uses. Sec. 187.2. Mechanical Car Wash Facilities on Nineteenth Avenue. Sec. 187.3. Pre-Existing Awnings, Gates, and Signs; Amnesty. Sec. 188. Noncomplying Structures: Enlargements, Alterations, and Reconstruction. Sec. 188.1. Noncomplying Structure Status for Certain Pre-Existing Residential Structures in RH, RM, and RTO Districts. Sec. 189. Substandard Lots of Record: Construction and Other Actions. Sec. 190. Conversion of Medical Cannabis Dispensaries to Cannabis Retail Establishments. Sec. 191. Authorization of Temporary Cannabis Retail Uses. Sec. 192. Legitimization of Certain Land Uses at 3150 18th Street. Sec. 193. Continuation of Longstanding Places of Entertainment.

SEC. 170. APPLICABILITY OF REQUIREMENTS.

(See Interpretations related to this Section.) In their interpretation and application, the provisions of this Code shall be held to be minimum requirements. This Code is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law, ordinance or the San Francisco Municipal Code, except such as are specifically repealed by this Code; provided, however, that where this Code imposes a greater restriction upon any use, activity or feature, or with respect to any land or structure, than is imposed or required by such existing provisions of law, ordinance or the Municipal Code, the provisions of this Code shall control. (Added by Ord. 443-78, App. 10/6/78)

SEC. 171. COMPLIANCE OF USES REQUIRED.

(See Interpretations related to this Section.) Except as otherwise provided in this Code, structures and land in any district shall be used only for the purposes listed in this Code as permitted in that district, and in accordance with the regulations established for that district. A Permit of Occupancy shall be issued by the Department of Building Inspection (Central Permit Bureau) to the effect that the use or proposed use of a structure or land conforms to the provisions of this and related ordinances, prior to the occupancy of any structure erected, enlarged or structurally altered, or where any vacant land is proposed to be occupied or used except for permitted agricultural uses. Such a permit shall also be issued whenever the use of any structure or land is proposed to be changed from a use first permitted in any district to a use that is more widely permitted by the use districts of the City. Upon written request from the owner, such a permit shall also be issued covering any lawful use of a structure or land existing on the effective date of this Code, including nonconforming uses. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013) AMENDMENT HISTORY Section amended; Ord. 56-13 , Eff. 4/27/2013.