AMENDED IN COMMITTEE
FILE NO. 201175
3/15/2021 ORDINANCE NO.
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[Administrative Code, Planning Code - Technical Corrections; Amendments to Various Central
South of Market Area Zoning Provisions]
Ordinance amending the Planning Code to correct and clarify Administrative and
Planning Code amendments approved in Ordinance No. 296-18, which gave effect to
the Central South of Market Area Plan, including provisions regarding transfer of
development rights, privately owned public open space, renewable electricity, PDR
(Production Distribution Repair) floor height, development impact fee deposits and
uses, among others; to restore with modifications inadvertently deleted provisions
regarding low-income affordable housing in the SALI (Service/Arts/Light Industrial)
Zoning District; and to amend open space, height limit, apparent mass reduction, lot
coverage, exposure, PDR replacement, and development impact fee waiver and
reduction provisions; and 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 findings of
public necessity, convenience, and welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times New Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
47-21
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Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 201175 and is incorporated herein by reference. The Board affirms
this determination.
(b) The Board of Supervisors finds 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 for the reasons set forth in Ordinance No. 296-18, which are incorporated
herein by reference.
(c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the
actions contemplated in this ordinance will serve the public necessity, convenience, and
welfare for the reasons set forth in Ordinance No. 296-18, which are incorporated herein by
reference.
Section 2. General Findings.
(a) Subsequent to the passage of Ordinance No. 296-18, “The Administrative,
Planning Codes – Central South of Market Area Plan Amendments” (“2018 Ordinance”), the
Planning Department has determined that technical and clarifying Administrative and Planning
Code amendments are needed to effect the original intent of the 2018 Ordinance and other
Central SoMa policy documents. In most cases, these amendments correct or clarify the
Code for consistency with the intent of the Central SoMa Area Plan, Central SoMa
Implementation Document, and other policy documents that were approved at the same time
as the Original Ordinance. This ordinance also makes substantive amendments to certain
provisions of the Plan.
Section 3. The Administrative Code is hereby amended by revising Sections 35.2 and
35.7, to read as follows:
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SEC. 35.2. DECLARATION OF POLICY.
It shall be the policy of the City and County of San Francisco (City) to protect its
existing and future Production, Distribution, and Repair (PDR) Uses from potentially
incompatible adjacent and nearby development provided that such Uses businesses are
conducted and maintained in accordance with all applicable federal, state, and local laws and
regulations.
SEC. 35.7. PLANNING DEPARTMENT AND COMMISSION REVIEW OF RESIDENTIAL
PROJECTS.
The Planning Department and Commission shall consider, among other factors, the
compatibility of uses when approving Residential Uses and Hotel Uses in PDR Use Zoning
Districts and shall take all reasonably available means through the City’s design review and
approval processes to ensure that the design of such new residential and hotel development
projects is sensitive to both the existing and future PDR Uses in these Districts and the future
residents and overnight visitors of the new development. Such factors may include, among
others:
(a) The proposed project’s consistency with the Industrial Area Design Guidelines;
(b) The proposed project’s overall design, acoustical treatment, and ventilation to
achieve interior noise levels and ventilation compatible with residential standards; and
(c) The location of non-habitable spaces or spaces such as closets, bathrooms,
kitchens, and/or landscaping so that such spaces may provide a buffer between the proposed
habitable residential areas and any common property line with PDR Uses.
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Section 4. The Planning Code is hereby amended by revising Sections 128.1, 135,
138, 155, 249.78, 261.1, 270, 329, 406, 415.5, 426, 427, 432.4, 433.2, 433.4, 840, 841, and
848 and adding Section 803.8, to read as follows:
SEC. 128.1. TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL SOMA SPECIAL
USE DISTRICT.
* * * *
(b) Definitions.
“Development Lot.” A lot within the Central SoMa Special Use District to which
Transferable Development Rights may be transferred. The following areas are exempted from
the calculation of the Development Lot area: land dedicated to the City for affordable housing
pursuant to Section 249.78 or land dedicated to the City for publicly-owned parks or publicly-
owned recreation centers pursuant to Section 263.32 or 263.34.
“Preservation Lot.” A parcel of land within the Central SoMa Special Use District
on which exists (1) a Significant or Contributory Building, as designated pursuant to Article
11 of this Code; or (2) a structure designated as an individual landmark or as contributory to a
historic district designated pursuant to Article 10 of this Code. The boundaries of the
Preservation Lot shall be the boundaries of the Assessor’s Lot on which the building is located
at the time the ordinance making the designation is adopted, unless boundaries are otherwise
specified in that ordinance.
“Transfer Lot.” A lot wWithin the Central SoMa Special Use District, a Transfer Lot
is a Preservation Lot or a lot that contains a building in which all of the housing units are Affordable
Housing Units as defined in Section 401, from which Transferable Development Rights may be
transferred.
* * * *
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(c) Applicability. TDR may be transferred from a Transfer Lot to a Development Lot,
subject to the requirements set forth in this Section 128.1 and Section 249.78.
* * * *
(d) Controls. The transfer and use of TDR within the Central SoMa SUD are subject to the
following controlsshall be allowed only under the following circumstances:
(1) TDR from a Transfer Lot within the Central SoMa SUD may be used by any
Development Lot in the city as defined in Sections 128 and 128.1.The Transfer Lot is a Preservation
Lot or consists of a building all of the housing units of which are Affordable Housing Units as defined
in Section 401.
(2) TDR from a Transfer Lot located outside the Central SoMa SUD may only be used
by a Development Lot within the Central SoMa SUD if that Development Lot is a Large Development
Site pursuant to subsection (e).The purchaser of the TDR is a Development Lot as defined in Section
128 and 128.1.
(3) Transfer and use of TDR within the Central SoMa SUD is subject to the
requirements of Section 128(e) through (l).
(e) Additional Requirements. Projects transferring TDR pursuant to this Section 128.1 are
subject to the requirements of Planning Code Section 128(e) through (l) and Section 249.78.TDR
Controls for Large Development Sites.
(1) Applicability. This subsection (e) applies to Large Development Sites, which are
projects that:
(A) Are located in Central SoMa Fee Tier C, as defined in Section 423.2;
(B) Contain new construction or addition of 50,000 non-residential gross
square feet or greater; and
(C) Have a Floor Area Ratio of 3:1 or greater.
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(2) Controls. To exceed a Floor Area Ratio of 3:1, a Large Development Site shall
acquire one Unit of TDR from a Transfer Lot, as defined in Sections 128 and 128.1, per square foot of
development up to a Floor Area Ratio of 4.25:1. Above 4.25:1, the acquisition of additional TDR is not
required.
* * * *
SEC. 135. USABLE OPEN SPACE FOR DWELLING UNITS AND GROUP HOUSING, R,
NC, MIXED USE, C, AND M DISTRICTS.
* * * *
(h) Publicly-Accessible Usable Open Space Standards. In DTR Districts and the
Eastern Neighborhoods Mixed Use Districts, some or all of the usable open space
requirements may be fulfilled by providing privately-owned public open space. Any space
credited as publicly-accessible usable open space, where permitted or required by this Code,
shall meet the following standards:
* * * *
(6) Approval of Open Space Type and Features. Approval of open space in
these areas is subject to requirements of Section 138(de) of this Code.
(i) Off-Site Provision of Required Usable Open Space.
(1) Eastern Neighborhoods Mixed Use Districts. In the Eastern
Neighborhoods Mixed Use Districts, the provision of off-site publicly accessible open space
may be credited toward the residential usable open space requirement, subject to Section 329
for projects to which that Section applies and Section 307(h) for other projects. Any such
space shall meet the publicly accessible open space standards set forth in Section 135(h) and
be provided within 800 feet of the projectshall be within the following distance of the principal project:
for principal projects that are not within the Central SoMa SUD such space shall be within 800 feet of
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said principal project; for principal projects that are within the Central SoMa SUD, the space shall be
within 1/2 mile of said principal project or within any parcel that is under or immediately
adjacent to Interstate 80 and within the boundaries of Central SoMa Plan Areawithin the
Central SoMa Plan Area or no greater than ¼-mile outside the Central SoMa Plan Area
boundary, without regard to distance from the principal project. The distance between the
principal project and the offsite open space shall be measured by the direct distance between the
closest boundary of the principal project or, as applicable the closest edge of the Central SoMa
Plan Area boundary, and the closest boundary of the off-site open space. No more than 50 percent
of a project's required usable open space shall be off-site. The publicly accessible off-site
usable open space shall be constructed, completed, and ready for use no later than the
project itself, and shall receive its Certificate of Final Completion from the Department of
Building Inspection prior to the issuance of any Certificate of Final Completion or Temporary
Certificate of Occupancy for the project itself.
* * * *
SEC. 138. PRIVATELY-OWNED PUBLIC OPEN SPACE (POPOS) REQUIREMENTS.
* * * *
(f) Open Space Provider. The open space required by this Section may be provided:
individually by the project sponsor or jointly by the project sponsor and other project sponsors,
provided, that each square foot of jointly developed open space may count toward only one
sponsor's requirement. With the approval of the Planning Commission, a public or private
agency may develop and maintain the open space, provided that (i) the project sponsor or
sponsors pay for the cost of development of the number of square feet the project sponsor is
required to provide, (ii) provision satisfactory to the Commission is made for the continued
maintenance of the open space for the actual lifetime of the building giving rise to the open
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space requirement, and (iii) the Commission finds that there is reasonable assurance that the
open space to be developed by such agency will be developed and open for use by the time
the building, the open space requirement of which is being met by the payment, is ready for
occupancy. Property owners providing open space under this section will hold harmless the
City and County of San Francisco, its officers, agents and employees, from any damage or
injury caused by the design, construction, use, or maintenance of open space. Property
owners are solely liable for any damage or loss occasioned by any act or negligence in
respect to the design, construction, use, or maintenance of the open space. Operation and
maintenance of this open space shall be memorialized by a POPOS Operations Strategy developed by
the Project Sponsor or Open Space Provider; a draft of said strategy shall be presented to the
Planning Commission where a Large Project Authorization under Planning Code Section 329
applies. In all cases, said strategy shall be finally approved by the Director prior to Planning
Department approval of a site or building permit.
* * * *
(j) Notwithstanding the requirements established in subsections (b)-(d) above, the
following additional standards shall apply in the C-3-O(SD) district:
* * * *
(4) In-lieu of providing open space per the requirements of this Section 138,
developments in the C-3-O(SD) District may pay the fee as described in Section 4276(b).
* * * *
SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF-
STREET PARKING, FREIGHT LOADING, AND SERVICE VEHICLE FACILITIES.
* * * *
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(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.
(2) Not permitted:
* * * *
(MMMMSS) 6th Street from Folsom Street to Brannan Street.
* * * *
SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT.
(a) Purpose. In order to implement the goals, objectives, and policies of the Central
SoMa Plan (Ordinance No. 280-18, on file with the Clerk of the Board of Supervisors in File
No. 180185), the Central SoMa Special Use District (SUD) is hereby established.
(b) Geography. The SUD is within the South of Market (SoMa) neighborhood, and its
boundaries generally run from 2nd Street to the east to 6th Street to the west, and from
Townsend Street to the south to an irregular border that generally follows Folsom, Howard,
and Stevenson Streets to the north, as more specifically shown on Sectional Maps 1SU and
8SU of the Zoning Map.
(c) Land Use Controls.
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* * * *
(5) PDR and Community Building Space Requirements.
(A) For purposes of this subsection, “Community Building Space” shall
mean space provided for a Social Service, Institutional Community, Community Facility, or
Public Facility Use or for a Legacy Business.
(B) In addition to the requirements of Section 202.8, any newly
constructed project that contains at least 50,000 gross square feet of office and any addition
that increases the original building’s gross floor area by at least twenty percent and results in at least
50,000 gross square feet of net office in the building shall provide one of the following:
(i) An amount of space for PDR Uses or Community Building
Space, or a combination thereof, that is the greater of the following:
a. the square footage of PDR space required by the
controls of Section 202.8, or
b. on-site dedication of space for PDR Uses or Community
Building Space, or a combination thereof, that is equivalent to 40 percent of the lot area, in
which case for purposes of this Section 249.78(b)(5), the following areas are exempted from
the calculation of the lot area: land dedicated to a building whose housing units consist
entirely of Affordable Housing Units as defined in Section 401; publicly accessible open space
and mid-block alleys that are fully open to the sky except for obstructions permitted pursuant
to Section 136 or under a cantilevered portion of the building for up to 10% of space pursuant
to Section 138(d)(2); any portion of the lot or lots containing a building dedicated primarily to
residential use; and ground floor space dedicated to a Child Care Facility. For purposes of this
subsection, “on-site” means anywhere on the subject project lot or lots.
(ii) Establishment off-site, through new construction, addition, or
change of use, of a minimum of 150 percent of gross square feet of the on-site PDR
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requirement for PDR Uses or for Community Building Space. Such off-site space shall be
located within the area bounded by Market Street, Second Street, King Street, Division Street,
and South Van Ness Avenue; or
(iii) Preservation of existing PDR uses off-site, at a minimum of
200 percent of the on-site requirement, for the life of the project that is subject to the
requirements of this subsection (6). This off-site PDR shall be located on one or more lots in
the area bounded by Market Street, Second Street, King Street, Division Street, and South
Van Ness Avenue. The PDR space preserved off-site shall not include any space already
required to be preserved pursuant to this Section or Section 202.8.
* * * *
(F) For the Key Site described in Section 329(e)(2)(E) at the northeast corner of the
intersection of 5th Street and Brannan Street, consisting of Block 3777, Lots 045, 050, 051, and 052,
the PDR and Community Building Space Requirement pursuant to this subsection (5) shall be reduced
by up to 15,000 gross square feet sitewide by the amount of ground floor space designated for any of
the following uses: (i) Grocery, General, (ii) Pharmacy, (iii) Personal Services, not to exceed 2,500
gross square feet, and (iv) Retail Sales and Services limited to: Self-service laundromats and dry
cleaning; Household goods and service (including paint, fixtures, hardware, and building materials);
Pet supply stores and pet grooming services; Florists, plant and gardening stores; Home furnishings,
furniture, and appliances; Books and magazines, stationery, greeting cards, toys and gifts, office
supplies, copying service, music, and sporting goods; Art, fabric, and craft supplies; Bicycle sales and
repair; and Stores primarily selling used or secondhand goods.
* * * *
(d) Urban Design and Density Controls.
* * * *
(5) Renewable Electricity.
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(A) Definitions. For the purpose of this subsection, “greenhouse-gas
free” shall mean energy resources qualifying as renewable pursuant to California Public
Resources Code Chapter 8.6, Section 25741(a) and from hydroelectric facilities of 30
megawatts or greater.
(B) Applicability. This subsection shall apply to any newly constructed
commercial or residential building or major renovation to an existing building, as defined by
San Francisco Green Building Code Section 202.
(C) Requirements.
(i) All projects shall commit, as a condition of approval, to fulfilling
all on-site electricity demands through any combination of on-site generation of 100%
greenhouse gas-free electricity and purchase of electricity from 100% greenhouse gas-free
sources for a period of not less than 25 years from issuance of entitlementthe first construction
document.
(ii) The Planning Department, after consulting with the Public
Utilities Commission, Department of Building Inspection, and the Department of the
Environment, shall adopt rules and regulations to implement this subsection.
* * * *
(6) Lot Coverage and Exposure.
(A) Lot Coverage. For residential uses, the rear yard requirements of
Section 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all levels
containing residential useslevels, 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 units face onto a public right-of-way, 100
percent lot coverage may occur. The unbuilt portion of the lot shall be open to the sky except
for those obstructions permitted in yards pursuant to subsections (1) through (23) of Section
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136(c) of this Code. Where there is a pattern of mid-block open space for adjacent buildings,
the unbuilt area of the new project shall be designed to adjoin that mid-block open space.
(B) Exposure. Notwithstanding the residential unit exposure requirements of
Section 140(a)(2), if a residential unit in the Central SoMa SUD does not face either a public street or
a public alley pursuant to Section 140(a)(1), the unit shall face an open area that measures no less than
20 feet in all horizontal directions on the subject lot. Such open area need not be increased in its
horizontal dimensions for the floors above.
* * * *
(10) PDR Floor Heights. PDR space that is subject to the requirements of
Section 202.8 or 249.78(c)(5) shall have a minimum internal floor-to-floor height of 17 feet, as
measured from grade.
* * * *
(e) Community Development Controls.
(1) Affordable Housing Funds. Affordable Housing Fees for projects within
the Central SoMa Special Use District shall be deposited in the Central SoMa Affordable Housing
Fund and shall be expended within a limited geographic area, as specified in Administrative Code
Section 10.100-46shall be subject to Section 415.5(f)(1)(D).
(2) Land Dedication.
(A) Residential projects in this SUD may opt to fulfill the Inclusionary
Housing requirement of Section 415 through the Land Dedication alternative contained in
Section 419.6.
(B) Non-Residential projects in this Special Use District may opt to fulfill
their Jobs-Housing Linkage Fee requirement of Section 413 through the Land Dedication
alternative contained in Section 413.6.
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(3) TDR Requirements for Large Development Sites. The transfer and use of
TDR by Large Development Sites in the Central SoMa SUD is subject to the controls of Section 128.1.
(A) Applicability. This control applies to projects that:
(i) Are located in Central SoMa Fee Tier C, as defined in Section 423.2;
(ii) Contain new construction, or addition, of 50,000 non-residential
gross square feet or greater; and
(iii) Have a Floor Area Ratio of 3:1 or greater.
(B) Requirement.
(i) A project subject to this subsection (3) will be considered a
“Development Lot,” pursuant to Section 128.1;
(ii) To exceed a Floor Area Ratio of 3:1, a Development Lot shall
acquire one Unit of TDR from a Transfer Lot, as defined in Sections 128 and 128.1, per square foot of
development up to a Floor Area Ratio of 4.25:1. Above 4.25:1, the acquisition of additional TDR is not
required.
* * * *
SEC. 261.1. ADDITIONAL HEIGHT LIMITS FOR NARROW STREETS AND ALLEYS IN, R,
RTO, NC, NCT, AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.
* * * *
(b) Definitions.
* * * *
(5) Streets in the South of Market area that are perpendicular to Market Street are
considered North-South Streets, and streets that are parallel to Market Street are considered East-West
Streets.
* * * *
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(d) Controls.
(1) General Requirement. Except as described below, all Subject Frontages
shall have upper stories set back at least 10 feet at the property line above a height equivalent
to 1.25 times the width of the abutting Narrow Street. Buildings of two stories above grade
may be built without a second-story setback, regardless of the width of the street.
(2) Southern Side of East-West Narrow Streets and, Within the Central SoMa
Special Use District, Western Side of North-South Narrow Streets. All Subject Frontages on the
southerly side of an East-West Narrow Street and, within the Central SoMa Special Use District,
all Subject Frontages on a North-South Narrow Street shall have upper stories which are set back
at the property line such that they avoid penetration of a sun access plane defined by an
angle of 45 degrees extending from the most directly opposite northerly property line (as
illustrated in Figure 261.1A.) No part or feature of a building, including but not limited to any
feature listed in Section 260(b), may penetrate the required setback plane.
* * * *
(3) Narrow Streets Controls Within the Central SoMa SUD.
(A) Notwithstanding subsection (d)(1) above, buildings of 65 feet or more in
height shall not be subject to the 10-foot setback requirement, but instead shall be subject to the
Apparent Mass Reduction controls of Section 270(h).
(B) Frontages on the westerly side of a North-South Narrow Street shall meet
the sun access plane requirements of subsection (d)(2) above.Northern Side of all Narrow Streets with
the Central SoMa Special Use District. Subject Frontages in a 65- or 85-foot Height district are
required to meet Apparent Mass Reduction requirements, as defined in Section (h), as follows:
(A) All Subject Frontages in a 65-foot Height district are required to have an
Apparent Mass Reduction of fifty percent, as measured utilizing a Base Height of 35 feet.
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(B) All Subject Frontages in a 85-foot Height district are required to have an
Apparent Mass Reduction of seventy percent, as measured utilizing a Base Height of 35 feet.
* * * *
SEC. 270. BULK LIMITS: MEASUREMENT.
* * * *
(h) CS Bulk Limits within the Central SoMa Special Use District. In the CS Bulk
District and height and bulk districts that allow heights of 65 feet and above and that are within the
Central South of Market Special Use District, the bulk limits contained in this subsection 270(h)
shall apply.
* * * *
(2) Apparent Mass Reduction. Projects in the CS Bulk District are subject to
the Apparent Mass Reduction controls of Table 270(h), as well as the setback requirements of
Section 132.4.
Table 270(h)
Apparent Mass Reduction
Building
Frontage
Side of the
Street
Height
District***
Base Height*
Apparent Mass
Reduction
* * * *
Narrow Street
Southeast and
southwest
160 feet and less
35 feet
The controls of
Section
261.1(d)(2) shall
apply.**
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Narrow Street
Northeast and
northwest
135130 feet and
160 feet
35 feet
85%
Narrow Street
Northeast and
northwest
65 feet
35 feet
50%
Narrow Street
Northeast and
northwest
85 feet
35 feet
70%
* * * *
* * * *
* * * *
* * * *
* * * *
* * * *
*** Any building that exceeds the height allowed by the applicable Height District shall comply
with the apparent mass reduction requirement in this Table based on its actual height.
* * * *
SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED
USE DISTRICTS.
* * * *
(d) Exceptions. As a component of the review process under this Section 329,
projects may seek specific exceptions to the provisions of this Code as provided for below:
(4) Exception from satisfaction of loading requirements per Section 152.1 pursuant to
the criteria contained therein.
(4) Exception from satisfaction of loading requirements of Section 152.1 as
specified therein. In the Central SoMa SUD, the Commission may consider the project’s
Driveway and Loading Operations Plan (DLOP) pursuant to Section 155(u) in making its
determination.
* * * *
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SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT
REQUIREMENTS.
* * * *
(b) Waiver or Reduction, Based on Housing Affordability.
(1) An affordable housing unit shall receive a waiver from the Rincon Hill
Community Infrastructure Impact Fee, the Market and Octavia Community Improvements
Impact Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact
Fee, the Visitacion Valley Community Facilities and Infrastructure Impact Fee, the
Transportation Sustainability Fee, and the Residential Child Care Impact Fee, the Central South
of Market Infrastructure Impact Fee, and the Central South of Market Community Facilities Fee if the
affordable housing unit:
(A) is affordable to a household at or below 80% of the Area Median
Income (as published by HUD), including units that qualify as replacement Section 8 units
under the HOPE SF program;
(B) is subsidized by MOHCD, the San Francisco Housing Authority, the
Department of Homelessness and Supportive Housing, and/or the Office of Community
Investment and Infrastructure or any future successor agency to those listed herein; and
(C) is subsidized in a manner which maintains its affordability for a term
no less than 55 years, whether it is a rental or ownership opportunity. Project sponsors must
demonstrate to the Planning Department staff that a governmental agency will be enforcing
the term of affordability and reviewing performance and service plans as necessary.
* * * *
SEC. 415.5. AFFORDABLE HOUSING FEE.
* * * *
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(f) Use of Fees. All monies contributed pursuant to the Inclusionary Affordable
Housing Program shall be deposited in the Citywide Affordable Housing Fund (“Fund”),
established in Administrative Code Section 10.100-49, except as specified below. MOHCD
shall use the funds collected under this Section 415.5 in the following manner:
(1) Except as provided in subsection (2) below, the funds collected under this
Section shall be used to:
(A) increase the supply of housing affordable to qualifying households
subject to the conditions of this Section; and
(B) provide assistance to low- and moderate-income homebuyers; and
(C) pay the expenses of MOHCD in connection with monitoring and
administering compliance with the requirements of the Program. MOHCD is authorized to use
funds in an amount not to exceed $200,000 every 5 years to conduct follow-up studies under
Section 415.9(e) and to update the affordable housing fee amounts as described above in
Section 415.5(b). All other monitoring and administrative expenses shall be appropriated
through the annual budget process or supplemental appropriation for MOHCD.
(D) Funds from this fee collected from projects within the Central SoMa Special
Use District shall be accounted for separately and expended only within the area bounded by Market
Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.
* * * *
SEC. 426. ALTERNATIVE MEANS OF SATISFYING THE PAYMENT FOR REQUIRED NON-
RESIDENTIAL OPEN SPACE REQUIREMENT NOT PROVIDED IN THE EASTERN
NEIGHBORHOODS MIXED USE AND C-3-O(SD) DISTRICTS.
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(The effective date of these provisions shall be either December 19, 2008, the date that
they originally became effective, or the date a subsequent modification, if any, became
effective.)
(a) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods Mixed
Use Districts, except for any parcels within the Central SoMa Special Use District, the usable
open space requirement of Section 135.3 may be satisfied through payment of a fee of $76
for each square foot of usable open space not provided. In the Central SoMa Special Use
District, the usable open space requirement of Section 135.3 may be satisfied through
payment of a fee of $890 for each square foot of required usable open space not provided,
and the POPOS requirement of Section 138 may be satisfied through a payment of a fee of
$890 for each square foot of required open space not provided. Any square footage for which
the Planning Commission grants an exception to design standards pursuant to Section 329(e)
other than standards related to required square footage shall be considered as meeting the
requirements of Sections 135, 135.3 and 138 for purposes of this Section 426. These fees
shall be adjusted in accordance with Section 423.3 of this Article. These fees shall be paid
into the Recreation and Open Space subset of the Eastern Neighborhoods Community
Improvements Fund, as described in Section 423 of this Article.
(b) C-3-O(SD) District. In the C-3-O(SD) District, if a project sponsor chooses to pay the in-
lieu fee described in Section 138(j)(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.
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SEC. 427. PAYMENT IN CASES OF VARIANCE OR EXCEPTION FOR REQUIRED
RESIDENTIAL OPEN SPACE IN THE EASTERN NEIGHBORHOODS MIXED USE AND C-3-
O(SD) DISTRICTS.
(a) Eastern Neighborhoods Mixed Use Districts. In the Eastern Neighborhoods
Mixed Use Districts, except for the Central SoMa Special Use District, any project that obtains
a Variance pursuant to Section 305, or an exception pursuant to Section 329, to provide less
usable open space than otherwise required by Section 135 shall pay a fee of $327 for each
square foot of usable open space not provided. In the Central SoMa Special Use District, any
project that obtains a Variance pursuant to Section 305, an exception pursuant to Section
329, or chooses the in-lieu option pursuant to Section 135(d)(5)(B)(ii) shall pay a fee of $890
for each square foot of required useable open space not provided. These fees shall be
adjusted in accordance with Section 423.3 of this Article. These fees shall be paid into the
Recreation and Open Space subset of the Eastern Neighborhoods Community Improvements
Fund, as described in Section 423 of this Article.
(b) C-3-O(SD) District. In the C-3-O(SD) District, if a Variance or Planning
Commission exception is granted by the Zoning Administrator to reduce the amount of open space
required for any use pursuant to Section 135 or 138 or if a project sponsor chooses to pay the in-
lieu fee described in Section 138(j)(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. Said fee shall be used for the purpose of acquiring,
designing, and improving public open space, recreational facilities, and other open space
resources, which isare expected to be used solely or in substantial part by persons who live,
work, shop or otherwise do business in the Transit Center District.
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SEC. 432.4. THE CENTRAL SOMA COMMUNITY SERVICES FACILITIES FUND.
(a) There is hereby established a separate fund set aside for a special purpose
entitled the Central SoMa Community Services Facilities Fund (“Fund”). All monies collected
by the Development Fee Collection Unit at DBI pursuant to Section 432.3(b) shall be
deposited in a special fund maintained by the Controller. The receipts in the Fund are to be
used solely to fund public infrastructure subject to the conditions of this Section.
(b) Expenditures from the Fund shall be administered by the Mayor’s Office of
Housing and Community Development, or its successor. The Mayor’s Office of Housing and
Community Development or its successor shall have the authority to prescribe rules and
regulations governing the Fund.
(1) All monies deposited in the Fund shall be used to design, engineer, and
develop community services facilities, including cultural/arts facilities, social welfare facilities,
and community health facilities, in the Central SoMa Special Use District within the area bounded
by Market Street, the Embarcadero, King Street, Division Street and South Van Ness Avenue as
established in the Central SoMa Plan and the Central SoMa Plan Implementation Program
Document and supported by the findings of the Central SoMa Community Facilities Nexus
Study.
* * * *
SEC. 433.2. APPLICATION OF FEES.
* * * *
(b) Fee Calculation. For applicable projects, the Fee is as follows:
(1) For Residential uses in Central SoMa Fee Tier B:
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(A) For Condominium usesOwned Units, as defined in Section 415.2, $20.00
per gross square foot of net additional gross square feet, net replacement of gross square feet
from PDR uses, or net change of use of gross square feet from PDR uses.
(B) For Rental usesUnits, defined as units that are not Owned Units as defined
in Section 415.2, $10.00 per gross square foot of net additional gross square feet, net
replacement of gross square feet from PDR uses, or net change of use of gross square feet
from PDR uses.
* * * *
SEC. 433.4. THE CENTRAL SOMA INFRASTRUCTURE IMPACT FUND.
(a) There is hereby established a separate fund set aside for a special purpose entitled
the Central SoMa Infrastructure Impact Fund (“Fund”). All monies collected by the
Development Fee Collection Unit at DBI pursuant to Section 433.3(b) shall be deposited in a
special fund maintained by the Controller. The receipts in the Fund to be used solely to fund
Public Benefits subject to the conditions of this Section.
(b) Expenditures from the Fund shall be recommended by the Interagency Plan
Implementation Committee for allocation and administration by the Board of Supervisors.
(1) All monies deposited in the Fund shall be used to design, engineer, and
develop community public transit and recreation and open space improvements as established in
the Central SoMa Plan and the Central SoMa Plan Implementation Program Document.
* * * *
SECTION 803.8. LOW-INCOME AFFORDABLE HOUSING IN THE SERVICE/ARTS/LIGHT
INDUSTRIAL DISTRICT.
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(a) Dwelling units and SRO units may be authorized in the SALI District as a conditional use
pursuant to Sections 303, 846.24, of this Code provided that such units shall be rented, leased or sold
at rates or prices affordable to a household whose income is no greater than 80 percent of the median
income for households in San Francisco (“lower income household”), as described by Title 25 of the
California Code of Regulations Section 6932 and implemented by the Mayor’s Office of Housing.
These units are subject to all provisions of this Section 803.8.
(b) “Affordable to a household” shall mean a purchase price that a lower income household
can afford to pay based on annual payment for all housing costs of 33 percent of the combined
household annual net income, a 10 percent down payment, and available financing, or a rent that a
household can afford to pay, based on an annual payment for all housing costs of 30 percent of the
combined annual net income.
(c) The size of the dwelling unit shall determine the size of the household in order to calculate
purchase price or rent affordable to a household, as follows:
(1) For a studio unit, a household of one person;
(2) For a one bedroom unit, a household of two persons;
(3) For a two bedroom unit, a household of three persons;
(4) For a three bedroom unit, a household of four persons;
(5) For a four bedroom unit, a household of five persons.
(d) No Conditional use permit will be approved pursuant to this Section 803.8 unless the
applicant and City have agreed upon enforcement mechanisms for the provisions of this subsection
which are acceptable to the City Attorney. Such enforcement mechanisms may include, but not be
limited to, a right of first refusal in favor of the City, or a promissory note and deed of trust.
(e) The owner(s) of the units authorized pursuant to this Section 803.8 shall submit an annual
enforcement report to the City, along with a fee whose amount shall be determined periodically by the
Planning Commission to pay for the cost of enforcement of this Section 803.8. The fee shall not exceed
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the amount of such costs. The annual report shall provide information regarding rents, mortgage
payments, sales price and other housing costs, annual household income, size of household in each
dwelling unit, and any other information the City may require to fulfill the intent of this Section 803.8.
SECTION 840. MUG – MIXED USE-GENERAL DISTRICT.
* * * *
Table 840
MUG – MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE
No.
Zoning
Category
§ References
Mixed Use-General District Controls
Building and Siting Standards
* * * *
* * * *
* * * *
* * * *
840.19
Design
Guidelines
General Plan
Commerce and
Industry Element;
Central SoMa Plan
Subject to the Urban Design
Guidelines; subject to the Central SoMa
Guide to Urban Design
840.20
Lot
coverage
§ 249.78
In the Central SoMa SUD, limited to 80
percent at all residential levels
containing residential uses, except that
on levels that include only lobbies and
circulation areas and on levels in which
all residential units face onto a public
right-of-way,uses, including circulation
areas, are within 40 horizontal feet from a
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property line fronting a street or alley, up
to 100% lot coverage may occur. The
unbuilt portion of the lot shall be open
to the sky except for those obstructions
permitted in yards pursuant to Section
136(c) of this Code. Where there is a
pattern of mid-block open space for
adjacent buildings, the unbuilt area of
the new project shall be designed to
adjoin that mid-block open space.
* * * *
* * * *
* * * *
* * * *
840.22
Group
Housing
§§ 249.78(c)(8),
890.88(b)
P outside of the Central SoMa SUD.
NP in Central SoMa SUD, except that
Group Housing uses that are also
defined as Student Housing, or Senior
Housing, or Residential Care Facility, are
designated for persons with disabilities,
are designated for Transition Age
Youth, or are contained in buildings
that consist of 100% affordable units
are P.
840.23
SRO Units
§§ 249.78(c)(7),
890.88(c)
P outside of the Central SoMa SUD.
NP in Central SoMa SUD,
notwithstanding any less restrictive Group
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Housing controls that otherwise would
apply, except that SRO Units in buildings
that consist of 100% affordable units,
as defined in Section 249.78(c)(7), are
P.
* * * *
* * * *
* * * *
* * * *
SECTION 841. MUR – MIXED USE-RESIDENTIAL DISTRICT.
* * * *
Table 841
MUR – MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE
No.
Zoning
Category
§ References
Mixed Use-Residential District Controls
* * * *
* * * *
* * * *
* * * *
841.19
Design
Guidelines
General Plan
Commerce and
Industry Element;
Central SoMa Plan
Subject to the Urban Design Guidelines; and, in the
Central SoMa SUD, subject to the Central SoMa Guide to
Urban Design
841.20
Lot
coverage
§ 249.78
In the Central SoMa SUD, limited to 80 percent at all
residential levels containing residential uses, except
that on levels that include only lobbies and circulation
areas and on levels in which all residential units face
onto a public right-of-way,uses, including circulation
areas, are within 40 horizontal feet from a property line
fronting a street or alley, up to 100% lot coverage may
occur. The unbuilt portion of the lot shall be open to
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the sky except for those obstructions permitted in
yards pursuant to Section 136(c) of this Code.
Where there is a pattern of mid-block open space
for adjacent buildings, the unbuilt area of the new
project shall be designed to adjoin that mid-block
open space.
* * * *
* * * *
* * * *
* * * *
841.22
Group
Housing
§§ 249.78(c)(8),
890.88(b)
P outside of the Central SoMa SUD.
NP in Central SoMa SUD, except that Group
Housing uses that are also defined as Student
Housing, or Senior Housing, or Residential Care
Facility, are designated for persons with disabilities,
are designated for Transition Age Youth, or are
contained in buildings that consist of 100%
affordable units are P.
841.23
SRO Units
§§ 249.78(c)(7),
890.88(c)
P outside of the Central SoMa SUD.
NP in Central SoMa SUD, not withstanding any less
restrictive Group Housing controls that otherwise would
apply, except that SRO Units in buildings that consist
of 100% affordable units, as defined in Section
249.78(c)(7) are P.
* * * *
* * * *
* * * *
* * * *
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841.46
Formula
Retail
§ 303.1“§ 102, 249.78,
303, 303.1
PIn the Central SoMa SUD, NP for Restaurants, Limited
Restaurants, and Bars; C for all other Formula Retail
Uses. Elsewhere, C for all Formula Retail Uses. If
approved, subject to size controls in 8401.45.
* * * *
* * * *
* * * *
* * * *
SEC. 848. CMUO - CENTRAL SOMA MIXED-USE OFFICE DISTRICT.
* * * *
Table 848
CMUO – CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE
* * * *
* * * *
* * * *
Zoning
Category
§ References
Controls
* * * *
* * * *
* * * *
Lot coverage § 249.78
Limited to 80 percent at all residential levels containing
residential uses, except that on levels that include only lobbies
and circulation areas and on levels in which all residential
units face onto a public right-of-way,uses, including circulation
areas, are within 40 horizontal feet from a property line fronting
a street or alley, up to 100% lot coverage may occur. The
unbuilt portion of the lot shall be open to the sky except for
those obstructions permitted in yards pursuant to Section
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136(c) of this Code. Where there is a pattern of mid-block
open space for adjacent buildings, the unbuilt area of the
new project shall be designed to adjoin that mid-block open
space.
* * * *
* * * *
* * * *
Section 5. Applicability of Amendments to Section 249.78(d)(6). The amendments to
Section 249.78(d)(6) in this ordinance shall apply only to projects that file a complete
application with the Planning Department after July 1, 2020 and that have not yet received a
Planning Department approval as of the effective date of this ordinance. Any project that filed
a complete application with the Planning Department on or before July 1, 2020 and that has
not yet received a Planning Department approval as of the effective date of this ordinance is
subject to the Lot Coverage and Exposure provisions of Section 249.78 that were in effect
immediately prior to the effective date of this ordinance, unless such project opts to be subject
to both the Lot Coverage and Exposure provisions in Section 249.78, as amended in this
ordinance.
Section 6. 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 7. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
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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:
DENNIS J. HERRERA, City Attorney
By:
/s/
VICTORIA WONG
Deputy City Attorney
n:\legana\as2020\2000280\01519746.docx
Tails
City and County of San Francisco
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Ordinance
Ordinance amending the Planning Code to correct and clarify Administrative and Planning Code
amendments approved in Ordinance No. 296-18, which gave effect to the Central South of Market
Area (SoMa) Plan, including provisions regarding transfer of development rights, privately owned
public open space, renewable electricity, PDR (Production Distribution Repair) floor height,
development impact fee deposits and uses, among others; to restore with modifications inadvertently
deleted provisions regarding low-income affordable housing in the SALI (Service/Arts/Light Industrial)
Zoning District; and to amend open space, height limit, apparent mass reduction, lot coverage,
exposure, PDR replacement, and development impact fee waiver and reduction provisions; 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 under Planning
Code, Section 302.
File Number:
April 06, 2021
Date Passed:
201175
February 08, 2021 Land Use and Transportation Committee - CONTINUED TO CALL OF
THE CHAIR
March 15, 2021 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
March 15, 2021 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
March 23, 2021 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
April 06, 2021 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
Page 1
City and County of San Francisco
Printed at 9:09 am on 4/7/21
