AMENDED IN COMMITTEE
FILE NO. 230732
7/17/2023
ORDINANCE NO. 159-23
[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, off.
street freight loading, curb cuts for vehicular access, 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
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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 and portions of
the C-2 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 administrati'le
oertifioates of appropriateness, and minor permits to alter for awnings,--aRd
Qualifying Soopes of \".'ork, 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.
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 swike!hreNgh ife1ics Times ;vew RemenffJnI
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial f:ont.
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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, 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. 230732 and is incorporated herein by reference.
The Board affirms this determination.
(b) On July 13, 2023, the Planning Commission, in Resolution No. 21352,
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. 230732, 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. 21352, 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. 230732.
(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.
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(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
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
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from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to
the pandemic.
(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.
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(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
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
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Downtown housing, (3) activating Downtown and enacting zoning controls that draw
people Downtown, and (4) maximizing flexibility for uses and economic activity in the
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:
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SEC. 102. DEFINITIONS.
* * * *
City. The City and County of San Francisco.
Commercial to Residential Adaptive Reuse. Commercial to Residential Adaptive Reuse
shall mean to change the use of an existing Gross Floor Area from a non-residential 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, G, 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, G,-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, f;, 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 135 .. 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 o[the lot shall be open to the sky except for those obstructions
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permitted in yards pursuant to subsections (I) through (23) of Section 136(c). Where the
adiacent properties have an existing rear yard, the unbuilt area of the new proiect 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 ofthis
bfH:i.e., and (ii) in accordance with Section 210. 5, usable open space shall not be required for
Commercial to Residential Adaptive Reuse proiects.
* * * *
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
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
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Ratio of Common Usable
Open Space That May
Be
Substituted for Private
I
Page 10
I
C-3, M-1, M-2
36Ql
1.33fil
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 Dwelline Unit. (I)
(I) In accordance with Section 210. 5, usable oeen seace shall not be required for
Commercial to Residential Adal]_(ive Reuse eroiects.
* * * *
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 aeelv to
Commercial to Residential Adal]_(ive Reuse woiects.
* * * *
SEC. 152. SCHEDULE OF REQUIRED OFF-STREET FREIGHT LOADING
SPACES IN DISTRICTS OTHER THAN C-3 AND EASTERN NEIGHBORHOODS
MIXED USE DISTRICTS.
In districts other than C-3 and Eastern Neighborhoods Mixed Use Districts, off-
street freight loading spaces shall be provided in the minimum quantities specified in the
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following table, except as otherwise provided in Section 152.2 and Section 161 of this
Code. The measurement of Occupied Floor Area shall be as defined in this Code,
except that non;;;accessory parking spaces and driveways and maneuvering areas
incidental thereto shall not be counted. In accordance with Section 210.5, this Section
152 shall not apply to Commercial to Residential Adaptive Reuse projects.
* * * *
SEC.152.1. REQUIRED OFF-STREET FREIGHT LOADING AND SERVICE
VEHICLE SPACES IN C-3 AND EASTERN NEIGHBORHOODS MIXED USE
DISTRICTS.
In C-3 and Eastern Neighborhoods Mixed Use Districts, off-street freight loading
spaces shall be provided in the minimum quantities specified in the following Table
152.1, except as otherwise provided in Sections 153(a)(6), 161, and as stated below in
this Section 152.1. Notwithstanding the requirements of this Section, including Table
152.1, no building in the C-3-0(SD) district shall be required to provide more than six
off-street freight loading or service vehicle spaces in total. The measurement of
Occupied Floor Area shall be as defined in this Code, except that non-accessory
parking spaces and driveways and maneuvering areas incidental thereto shall not be
counted. In accordance with Section 210.5, this Section 152.1 shall not apply to
Commercial to Residential Adaptive Reuse projects.
* * * *
SEC.155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT
OF OFF-STREET PARKING, FREIGHT LOADING, AND SERVICE VEHICLE
FACILITIES.
Required off-street parking and freight loading facilities shall meet the following
standards as to location and arrangement. Facilities which are not required but are
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actually provided shall also meet the following standards unless such standards are
stated to be applicable solely to required facilities. In application of the standards of this
Code for off-street parking and loading, reference may be made to provisions of other
portions of the Municipal Code concerning off-street parking and loading facilities, and
to standards of the Better Streets Plan and the Bureau of Engineering of the
Department of Public Works. Final authority for the application of such standards under
this Code, and for adoption of regulations and interpretations in furtherance of the
stated provisions of this Code shall, however, rest with the Planning Department.
* * * *
(r) Protected Pedestrian-, Cycling-, and Transit-Oriented Street
Frontages. In order to preserve the pedestrian character of certain districts and to
minimize delays to transit service, garage entries, driveways, or other vehicular access
to off-street parking or loading via curb cuts on development lots shall be regulated as
set forth in this subsection (r). These limitations do not apply to the creation of new
publicly-accessible Streets and Alleys. Any lot whose sole feasible vehicular access is
via a protected street frontage described in this subsection (r) shall be exempted from
any off-street parking or loading requirement found elsewhere in this Code.
(1) Folsom Street, from Second Street to The Embarcadero, not
permitted except as set forth in Section 827.
* * * *
<7} Commercial to Residential Adaptive Reuse projects
pursuant to Section 210.5. Pre-existing garage entries, driveways, or other vehicular
access to off-street parking and loading via curb cuts for Commercial to Residential
Adaptive Reuse projects are not subject to Section 155(r). Creation of new or
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expanded garage entries. driveways, or other vehicular access to off-street parking and
loading via curb cuts shall be subject to Section 155(r}.
SEC.155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS.
* * * *
(g) Commercial to Residential Adaptive Reuse projects. In accordance with Section
210. 5, the requirements of this Section 155.1 shall not apply to any Commercial to Residential
Adaptive Reuse proiects.
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 projects. 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:
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(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.
(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.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
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Table 210.1
ZONING CONTROL TABLE FOR C-2 DISTRICTS
Zoning Category
§ References
RESIDENTIAL STANDARDS AND USES
Development Standards
* * * *
* * * *
Usable Open Space for
Dwelling Units and Group
§§ 135,136
Housing
* * * *
Rear Yard Setback
§§ 130, 134
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
C-2
Same as for the R District
establishing the dwelling unit
density ratio for the property. Group
Housing requirement is per bedroom
and 1 /3 the amount required fjJr a
Dwelling Unit. See exceptions fjJr
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 only_
lobbies and circulation areas and on
levels in which all residential uses,
including circulation areas, are within
40 horizontal &et fj:om a propertv line
lfrontimz a street or allev. uv to 100%
lot coverage may_ occur. The unbuilt
1vortion of the lot shall be oven to the
skv except fjJr those obstructions
vermitted in vards uursuant to
subsections O 2 through C2 3 2 o[_ Section
l 36Cc2. Where the adtacent properties
have an existing rear y_ard, the unbuilt
area o[.the new protect shall be
designed to adtoin that rear y_ard. See
exceptions fjJr Commercial to
Residential Adaptive Reuse protects in
Section 210. 5. 25% of the totel depth
let depth, hut in mJ eese less the1'1 !. 5
r, ,, r.
nN,
·•
,,~·
JVVI,, J..,.
11\./
VI.J'I,
,._,,,...,.
.)'
.._,..,.
w.,_.,
·c, ~
dwelling unit end eeeh succeeding
~
Page 16
* * * *
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
lzoning Category
~§References
IRES/DENT/AL STANDARDS AND USES
I Development Standards
* * * *
l::J.stth/.e Qpe1'l Spaee
{Per Dwelling Unit}
§§ 135, 136
Usable Open Space fjJr Dwelling
Units and Group Housing
* * * *
Rear Yard Setback
§§ 130, 134
Mayor Breed; Supervisors Peskin, Safai, Dorsey
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 fjJr a Dwelling
Unit. See exceptions fjJr 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 onlY..
lobbies and circulation areas and on
levels in which all residential uses,
including circulation areas, are within
40 horizontal {§et -{):om a propertv line
frontinz a street or allev uv to 100%
lot coverage maY.. occur. The unbuilt
nortion of the lot shall be oven to the
skv excer..t fjJr those obstructions
vermitted in vards vursuant to
subsections Cn through {_23J o[Section
I 36CcJ. Where the adtacent properties
have an existing rear Y._ard, the unbuilt
area o[the new protect shall be
Page 17
designed to adf oin that rear r..ard. See
exceetions {j]r Commercial to
Residential Adae.tive Reuse e.ro[ects in
Section 210. 5. 25% efthe totel dcf)th
let def)th, hut- in mi ee&e le&& the19 !. 5
1'. , .,._ , __ ~-·
....
,
-
J'"''""'" J,._,. -~
~
J -~
• ... b
-
dwelling unit- end eeeh &ueeeediflg
~
Exceptions are permitted by §
309.
* * * *
SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM.
(a) Purpose and Findings. This Section 210. 5 describes the Commercial to Residential
Ada"{2.tive Reuse Program. The e.urpose of the Program is to facilitate the adae.tive reuse of non-
residential buildings to sue.e.ort the Ci{)! 's housing needs br.. allowing {j]r conversion ofthose
buildings to residential use.
(b) Commercial to Residential Adaptive Reuse Proiects. A Commercial to Residential
Ada"{2.tive Reuse e.ro[ect is a e.rofect that includes a change of use of anr.. existing Gross Floor
Area from a non-residential use to a residential use as those uses are defined in Section 102.
(c) Eligibility. To be eligible {j]r the Commercial to Residential Adae.tive Reuse
Program, a e.ro[ect 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 ae.e.roval under Section 206. 5 or 206. 6; and
(3) not expand an existing building's enveloe.e in a manner where the addition to
the building envelope ree.resents more than 3™% of the existing building's Gross Floor Area,·
provided that if a project would exceed this limit, the portions of the building additions in
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 18
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. aAd
(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 of the
Planning Code and this Section 210.5, this Section shall prevail,· provided that this Section does
not alter, amend, or modify Section 249.93 (Group Housing Special Use District). For
Commercial to Residential Adaptive Reuse pro;ects, the following zoning controls shall be
waived or modified, as described:
(]) Lot Coverage. Lot coverage requirements per Section 134 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 o(Section
140 may be satisfied by either of the following:
{fil 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
155.2 shall not apply.
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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(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)(l) 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.
(9} Transportation Demand Management (TDM} Plan Requirements.
The Transportation Demand Management Plan requirements in Section 169 shall not
apply.
(1 O} 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.
(11} Off-Street Freight Loading and Service Vehicle Spaces. The
requirements of Sections 152 and 152.1 for Off-Street Freight Loading and Service
Vehicle Spaces shall not apply.
(12} Protected Pedestrian. Cycling. and Transit-Oriented Street
Frontages. Pre-existing garage entries, driveways, or other vehicular access to off-
street parking and loading via curb cuts for Commercial to Residential Adaptive Reuse
projects are not subject to Section 155fr}. Creation of new or expanded garage entries,
driveways, or other vehicular access to off-street parking and loading via curb cuts shall
be subject to Section 155(r}.
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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(e) Review of Projects in the C-3 District. !fa pro;ect 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 i[a pro;ect 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 J.J.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,
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 J.J.0% of the horizontal area
permitted for buildings and structures under any bulk limitations in Section 270 of this
Code applicable to the subject property.
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Any such sum of .JJO% heretofore described may be increased to J,10% 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 .J..() 16 feet of
such features where the height limit is 65 feet or less, and the top .J-6 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 roo[line instead o[the height limit.
(B) Elevator, stair and mechanical penthouses, fire towers,
skylights,_ and dormer windows. This exemption shall be limited to the top .J..() l_Q_feet of
such features where the height limit is 65 feet or less, and the top .J-6 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
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.
* * * *
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BOARD OF SUPERVISORS
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(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 roofline 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
same proposed structure or alteration in connection with a project authorization
application pursuant to Section 322.
* * * *
( d) Netiee 9( Pl'fJp6sed Appl'fJwtl fa,. Pl'fJieets t!u1t de n6t r-equire Public Hearing. Iftm
8:ffliC8:tieH decs net ;i•cquil'C 8: Pl8:Hning Cenunissien hcttri,"lg pursu8:nt te Subscctien 3{)9(c)(1)
hcfow, the 8:pplic8:tieH er building er site permit 1118:)' he reviewed 8:Hd 8:ppr-eved
8:d111iHiStr8:tivcly. At the determiH8:tieH e{thc PktHHilig Directer, 8:fflic8:tieHs for especi8:l{)1
sigHi{ic8:nt scepcs e{werk .'918:)>' he suh;ect te the Heti{ic8:tien requiremcHts e{SectieH 333 e{this
Mayor Breed; Supervisors Peskin, Safai, Dorsey
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1 1
Cede. l!El request for Pf.tt1•uqing Cmmnissien re.dew is mElde pursuElnt te subsectien 3()9((), #w
qpplicEltien will be subiect te the neti(kEltien €Ind heElring preced'btres e(th:is Sectien. If,w
request for Cen1missim1 review is mElde, the Zening Atbninistr€lter m€l}' e:epreve the preiect
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 prefect weul£1, resuh in El net €ldditien efnwre th€ln 5(), ()()()
StfUElre feet &jgressfleer ElreEl efsp€lce, er
(Bf 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
(Jl..f;.) The project would require an exception as provided in
Subsection 309(a); provided that the hearing requirements o(this Section 309 shall not apply
to Commercial to Residential Adaptive Reuse proiects seeking exceptions or modifications
pursuant to Section 210. 5 (d).
* * * *
(I} Phmning Cemmis-sien Re~iew U-pen Requesl.
(1) Requests. Within 1 () days after ,wtice &}the prepesed Zoning AdH1inistrElter
Bfr19re 1r€ll h€18 been given, €1Sprevided in subsectien (d), Elnypersen mey request in writing thElt
the P fanning Cemnzissien bnpese additienal medijicatiens en the prefect €lS pre,•ided in
subsectie11 (/:;) er censider the BfJf)licEltien for cempliElnce with the epen sp€lce Elnd streetsrnpe
requirenients efthe Pl€lm1i1ig Cede. The written request shElll stElte v.,•hy €ldditienEll medificEltiens
sheul£1, be impesed netwit.t,,stElnding its cempliElnce wit,t,, the requirements e_ft,t,,is Cede €Ind shElll
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 24
identifj,· the policies or of:?jectires that wobf:ki be promofed by· the imposition of cenditiens, or
shall stflfe why the epen space and streetsct1pe reqHirenients have not been cemplied ·with.
(2) Cemmissien Censideffl:Hen. The Planning Conunission shall censider at a
pHblic hearing each writfen reqHest for additienal modificatimis and for consideration t>}the
epen space and streetsctlf)e reqHirenwnts t>fthe Plan,iilig Cede compliance and mt1y, by majority
rofe, direct that a hearing be condbf:cfed to consider sbf:ch modifications or cempliance, which
hearing H1tl}' be co,idbf:cfed at the sanie nieeting that the writk!11 reqHest is considered and
decided. ,\Totice t>fsbf:ch hearing shall be providedpHrsbf:ant to the reqHirenie,its t>}Sectien 333 e:f
this Cede, prerided that niailed notice shall also be prwi1ided to any person who has reqbf:ested
Sbf:ch notice, mid to any person who has sbf:bmitk!d a reqbf:est for additional reqHirernents. In
deferminilig whether to cendbf:ct sbf:ch a hearing, the Planning Coniniission shall deferrnine
whether, based upon a re1i1iew t>fthe pmject, reasonable groHnds existjbf:stifj,·ing a pHblic hearing
in order to cmisider the pr&posed additional modifications and the epen SJ3ElCe and streetsct1pe
reqHirements ofthe Planning Code compliance.
(3) Centmis-sien Actien. {{the Plannilig Commission defermines to condbf:ct a
hearing to cmisider the impositien &/additional nwtEfications or the OJ3en space and streetsct1pe
reqHirernents compliance, it HU:l}, after Sbf:ch hearing and afier rnakiTig tlPfJrepriatefindings,
tlPf)rove, dist1wro·i1e, or t1ppro·i1e sbf:bject to conditions the bbf:ilding or site permit or project
abf:thorization t1Pf)lication. {{the Planning Comniission deferrnines not to condbf:ct a hearing, the
Zoning Administr-€ltor shall tlJ3prove the tlPf)licatiol'l sbf:bject to any conditions imposed by the
Director of Pla,ming to which the tl-J3plicant has consented
(f:+)
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
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 25
subject to those conditions, and if the applicant refuses to so agree, the Planning
Commission may disapprove the application.
(/}) 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
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 greater t.",,an 50,000 gross square feet, for all projects proposing construction of a new
building greater than 120 .gs feet in height or greater a vertical addition to an existing building
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 26
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 S~ubsection (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;
(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
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 27
1 1
Gross Floor Area and must face the street occupy space within the first 25 feet of the
storefront
* * * *
SEC. 121.6. LARGE-SCALE RETAIL USES.
fe) 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 Stthrrection 121. 6 shall apply to the
establishment of a new use and the expansion of an existing use.--(b) JVotwithsltmding
eny other provisie,q of th:is Code, csteelishmcnt crfe singk rcteil use in excess of 90, 000 gross
squerc feet within e C 3 ZoniJqg District shell require co1qditionel use eutlwriwtion pbtr~uent to
Section 303 unless such use elrcedy• is prohieitcd. This Suescction shell 61fJPly only fo the
csteelishmcnt afe nc1,1>' use (c) lV-otwithstending eny other pro1i?ision of this Code,
csteelishmcnt afe 8inglc rcteil use in excess afl 20,000 gross squerc:fect is prohieited in eny
zoning district other then e C 3 Zoning District. This Suescction shell €lfJply to the csteelishnwnt
afe new use end the expansion &fen existing HSC.
(d) Notwithstanding eny other pro 1.'ision of
this Code, csteelishmcnt afe singk rcteil use in excess &fl 20,000 gross squercfect i,q e C 3
Zoning District shell he prohieited ifit v,•ould sell groceries; contein more then 20,000
Stockkceping Units (SKUs); end devote nwrc then five percent (5%) &jifs tote! selcsfloor erce
to the selc &jnon texeelc nwrche1qdisc. This &escction shell €lJJJJly only to the csteelishmcnt &je
new u.sc. (e)
For purposes of this Section, +1+2+-1.-,.6'""':---1(""+l-+)-"~se~.1+1c'*s-+flf+el+,0H"r-+effr~ce-"-,.i,l't,ffr-;,/l+,/ur,ldf",es-o,ffn.-0,•
interior euilding 8pecc devoted to the selc &jmcrchendisc, e,qd docs 1qot include rcstreoms,
&fji:cc 8pecc, storegc 8pecc, eutonqoeilc service erces, or open eir gerden S€llcs 8pecc;
(2)
"non texeelc mcrchendisc " includes enly greccry' products not subject te Celifornie Stetc selcs
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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t€1:x; €1:nd
(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
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% o(the street frontage at the ground level or contain window displays o(at
least four feet in depth to allow visibility to the inside o(the building or activate the street.
* * * *
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BOARD OF SUPERVISORS
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SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES.
* * * *
Table 145.4
Reference for Commercial,
Reference for
Neighborhood Commercial, and
Mixed Use
Use
Residential- Commercial Districts
Districts
* * * *
N/A
890.37
Entertainment, Other
NIA
Flexible Workse_ace
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
S§:ubsection (b) above.
(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 ape_ly to such street frontages within the C districts.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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1 1
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
installation shall have a maximum height of] 6 feet above the roofiine 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.
{ll_ Temporary Wireless Telecommunications Services (WTS) Facilities, if
the following requirements are met:
(A.+) The Planning Director determines that the Temporary WTS
Facility shall be sited and constructed so as to:
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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(iA) avoid proximity to residential dwellings to the maximum
extent feasible;
(liB) comply with the provisions of Article 29 of the Police
Code;
(iiiG) be no taller than needed;
(ivD) be physically screened to the maximum extent
feasible; and
(~E) be erected for no longer than reasonably required.
(!J.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.
(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 dGistrict that is east ofor fronting Van Ness/South Van Ness Avenue
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/13th 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.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
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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)
Senior Housing
§§ 102, 202.2(f)
Mayor Breed; Supervisors Peskin, Safai, Dorsey
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
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. @.
Page 33
I
I
Residential Density, Group
§ 208
Housing
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Industrial Use Category_
Industrial Uses*
§ 102
Agricultural and Beverage
§ 102
Processing 1
Agricultural and Beverage
§ 102
Processing 2
Manufg,cturing,_ Light
§ 102
* * * *
Sales and Service CategorJ!..
Retail Sales and Service*
§§ 102, 202.2(a)
2419iHU:if HfHipil8f
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
§-1.()2.
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. @_
NP
p
p
p -
p
G
Page 34
Non-Retail Sales and
§ 102
p
Service*
feeef"-fllfJFy'
f-+()2:
N.J2
bife &ieNee
f-+()2:
N.J2
* * * *
(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 of 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 ofor fronting Van Ness/South Van Ness Avenue
Franklin Street/13th Street and north of 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.
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
Zoning Category
§ References
RESIDENTIAL STANDARDS AND USES
* * * *
Use Characteristics
Intermediate Length
§§102, 202.10
Occupancy
* * * *
I Residential Uses
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
~C-
O(SD)
3-R
3-G
P(8)
P(8)
P(8)
P(8)
C-
3-S
P(8)
Page 35
No density limit. Density is
Residential Density, Dwelling
regulated by the permitted height
Units (7)
§ 207
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,
Senior Housing
§§ 102, 202.2(f)
exposure, and open space of each
development lot. G ReqHiFed if
de--;eiepmeflf meef.s al:t FeqHiremet'lf.s e-f
&et:ifm § JQJ.J(f)(l-}, e=1ceep(feF §
JQJ. J(f) fl-} ff)) fi',9, Fet€ft:ed le l:eeat:ifm.
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Commercial Use Characteristics
* * * *
Formula Retail
§§ 102, 303.1
p
p
p
p {ef
p
* * * *
Entertainment, Arts and Recreation Use Category
Entertainment, Arts and
§ 102
Recreation Uses*
Entertainment, Outdoor
§ 102.
Livery Stable
§ 102
Open Recreation Area
§ 102
* * * *
Institutional Use Category
Institutional Uses*
§§ 102, 202.2(e)
* * * *
Residential Care Facility
§ 102
Trade School
§ 102
Sales and Service Category
Retail Sales and Service*
§§ 102, 202.2(a)
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
p
NP
NP
NP
p
p
NP
p
p
p
p
p
NP
NP
NP
GP
NP
NP
NP
NP
NP
NP
p
p
p
p
p
p
p
p
p
G-f..
NP
NP
p
p
p
p
p
p
Page 36
Anime/. HtH;piftli
f--1-m
NF
NP-
NF
G
G
* * * *
Non-Retail Sales and
§ 102
p (1)
p (1)
p fij p (1) p (1)
Service*
ill
* * * *
Design Professional
§ 102
p
p
p fij
p
p
ill
I* * * *
*
Not listed below.
(1) C required if at or below the ground floor.
(2) (Reserved! NP if/.oceted on floors one end two end does not effer on site senices to
the gerwre/. public. C required if /.oceted on the third}l:oor, or}l:oors four through six end the use
is ierger then 5, 000 gross squere feet in size.
F'or uses loceted on the third.fl-oar, in eddition to the criterie set forth in Sectio11 303, e
Co11ditio11ei Use Authorizetion pursuent to this note she/./. be gi,ien only ifthe Commission
determines thet: the proposed use wou/.d not require ,nodijicetion efthe /.ocetion thet would
negeth•ely impect existing erchitecture/., historic end eesthetic feetures, or otherwise inhibit the
conversion beck to e prb1cipelly pern1it-ted use in the future; the proposed use wou/.d not hew e:n
ectuei or potentie/. edverse impect on edjecent zoning districts in which non reftlil se/.es end
senices uses ere not permitted; end the proposed use will not result in t,lw de'.1elopn1ent efnon
reftlil seks end services uses such thet the District's primer:,,· fbtnction is no /.anger en eree fer
comperison shopper reftlilbig end direct consumer sen<ices. Provided further thet for eny
Cm1ditione/. Use Authorizetion given pursuent to the preceding sentence, the Pmnning
Commission eiso consider the fe/./.o 1,1,1ing: whet.lwr the proposed use would comp/.ement or
SbtfJfJOrt prb1cipeUy permitted uses in the District, end whether the site <>}the proposed use is not
conditeive to e1qyprincijJeUy permitted uses in the District by 'P'irtue ofphysicel /.imitetions,
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 37
irwh;1ding hblt not lin1ited to the si:ze and orientation e.fthefloorpftlte and the natblre af
iniiepemient access to the thirdfloor
* * * *
(6)-f.Reserved 1 C reqbliredfor Forn1blftl Rettlil on properties in the C 3 G District with
frontage 011 A1arket Street, between 6th Street and the intersection efA,Jarket Street, 12th Street,
and Fr-tmklin 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 proiects pursuant to
Section 210.5, regardless ofbuildingsize.
SEC. 248. TRANSIT CENTER C-3-0(SD) COMMERCIAL SPECIAL USE
DISTRICT.
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 the City and Coblnty qfSan
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 20,000 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.
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 38
(d) Exceptions. Exceptions to the controls in S~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
(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 offsite 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
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 39
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
Siubsection (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
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 Siubsection (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
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 40
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 &m
Fr€mcisco 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 ofthe 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 Zoning District and portions of the C-2 Zoning
District Existing signage in the C-3 zoning dQ.istrict or a C-2 zoning district that is east of
or fronting Franklin Street/13th Street and north of Townsend Street shall not be subiect to
the provisions ofthis Section 604 or a more restrictive provision in a special sign district in
Section 608 et seq., provided that a change from general advertising to 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 of writing,
representation, emblem or any figure of similar character shall in itself constitute a new sign
subiect to the provisions of this Section 604. Consistent with Section 608, this provision
shall control over any conflicting, more restrictive provision in a special sign district.
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.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 41
(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:
* * * *
(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-:-;-Gf
(10) VVhen the application is for a Qualifying Scope of \Nork, as
delegated by HPC to Department and periodically updated, and the site is located in C
a zoning districts~
* * * *
SEC.1111.1. DETERMINATION OF MINOR AND MAJOR ALTERATIONS.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 42
(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; fH'-
(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
Conservation District provided that the improvements conform to the requirements
outlined in Section 1111.6 of this Code,.; or
(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;,er.
(5) VVhen the application is for a Qualifying Scope of V\tork, 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:
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 43
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, i(a project sponsor chooses to pay the in-lieu fee described in Section 138(i)(4), a fee
0($1.410 shall be required for each square foot o{usable open space not provided. The amount
ofthis fee shall equal the fee payable under this subsection (b) and shall be adjusted in
accordance with Section 409. This fee shall be paid into the Downtown Park Fund, as described
in Section 412 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 Downtown.
(d) C-3-R District. In the C-3-R Districts. if a project sponsor chooses to pay the in-lieu
fee described in Section 138(;)(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)
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 44
and shall be ad;usted 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 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.
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
lllA.1 Purpose and intent. The purpose o[this Section 11 lA (consisting ofSections
11 lA.1. 11 lA.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
promote the safe, flexible use o[the existing structures, as part o[the City's strategy for
economic recovery.
Key to the furtherance of this purpose is the ability o[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 of the California
Health and Safety Code.
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 45
'
;
'
l
lllA.2 Scope. This Section I I IA may apply to proiects that meet the definition and
applicable requirements for Commercial to Residential Adaptive Reuse proiects 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 proiect elects to use the standards established in the California Historical
Building Code, that proiect shall not be permitted to use the alternative building standards of
this Section I I IA.
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.
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 I I IA.
The Building Official and Fire Code Official shall develop, as deemed necessary and
appropriate, in cooperation with other City departments and stakeholders, information sheets,
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 46
administrative bulletins, training manuals. and educational materials to assist in the
implementation o(this alternative building standards manual and this Section I I IA.
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
§
Urban Mixed Use District
References Controls
* * * *
Retail Sales and Services
* * * *
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. 3781, Lot 003, and the size controls in Section
843. 45 shall not apply.
* * * *
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 47
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\01691136.docx
Mayor Breed; Supervisors Peskin, Safai, Dorsey
BOARD OF SUPERVISORS
Page 48
' '
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230732
Date Passed: July 25, 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, off-street freight loading, curb cuts for vehicular access, 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 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 and portions of
the C-2 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 minor permits to alter for awnings, 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 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
June 12, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
July 17, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
July 17, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
City and County of San Francisco
Page I
Printed at 8:48 am on 7/26/23
July 18, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
July 25, 2023 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
File No. 230732
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
7/25/2023 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 8:48 am on 7/26/23
