San Francisco City Zoning Code
ARTICLE 3
ZONING PROCEDURES
SEC. 301. GENERAL DESCRIPTION OF ZONING PROCEDURES.
This Section is a summary of provisions more fully described in the remainder of this Article.
The final legislative authority for enactment and amendment of the zoning provisions contained in this Code resides in the Board of Supervisors. However, all proposals for reclassifications of property or other amendments are considered first by the Planning Commission, and its disapprovals are final unless overruled by the Board of Supervisors.
The provisions of this Code are administered by the Zoning Administrator and other staff members of the Planning Department, by means of public information, review of permit applications, keeping of records, interpretation of the meaning and intent of the Code, and enforcement actions against violations. The Zoning Administrator is also responsible for reviewing the effectiveness of the Code and recommending appropriate changes to the legislative authorities.
Certain specified uses and features in various zoning districts require approval by the Planning Commission through conditional use procedures, in which the Commission determines whether the provisions of the Code are met.
The decisions of the Commission in these cases may be appealed to the Board of Supervisors.
In some cases, provisions of the Code may be relaxed by means of variances or administrative review granted by the Zoning Administrator; provided, for a variance, that certain specified findings can be made, and for administrative review, that the conditions of the section authorizing such review are satisfied. Decisions in these cases may be appealed to the Board of Appeals.
The responsibilities of each of these persons and agencies are derived from the San Francisco Charter.
(Amended by Ord. 235-68, App. 8/7/68; Ord. 115-90, App. 4/6/90; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 302. PLANNING CODE AMENDMENTS.
(See Interpretations related to this Section.)
(a) General. Whenever the public necessity, convenience and general welfare require, the Board of Supervisors may, by ordinance, amend any part of this Code. Such amendments may include reclassifications of property (changes in the Zoning Map), changes in the text of the Code, or establishment, abolition or modification of a setback line. The procedures for amendments to the Planning Code shall be as specified in this Section and in Sections 306 through 306.6
, and in Section 333.
(b) Initiation. An amendment to the Planning Code may be initiated by introduction by a member of the Board of Supervisors of a proposed ordinance approved as to form by the City Attorney, or by a resolution of intention by the Planning Commission, or by application of one or more interested property owners, residents or commercial lessees or their authorized agents. Upon the introduction of an ordinance, the Clerk of the Board of Supervisors shall transmit the proposed ordinance to the Planning Commission. A resolution of intention adopted by the Planning Commission shall refer to, and incorporate by reference, a proposed ordinance approved as to form by the City Attorney. An "interested property owner" is hereby defined, for the purposes of this Section, as an owner of real property, a resident or a commercial lessee, that is either within the area included in the application or within a distance of 300 feet of the exterior boundaries of such area, or at a greater distance therefrom upon a showing that such property is influenced by development currently permitted by this Code within the area.
(c) Determination. The Planning Commission shall hold a hearing on the proposed amendment to the Planning Code. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall adopt either a recommendation for approval of such amendment or part, or a recommendation for disapproval of the same. If the Planning Commission adopts a recommendation for approval in whole or in part, the proposed amendment or part shall be presented to the Board of Supervisors, together with a copy of the resolution, and the Board of Supervisors may adopt such amendment or part by a majority vote. Adoption of a recommendation for disapproval of the proposed amendment or part by the Planning Commission shall have the following effect, depending upon the type of amendment involved:
(1) A proposed amendment to the Planning Code or part that had been introduced by a member of the Board of Supervisors to change the text of the Code or the Zoning Map shall be presented to said Board, together with a copy of the resolution recommending disapproval, and said amendment or part may be adopted by said Board by a majority vote.
(2) In all other cases, the recommendation for disapproval of the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors as provided in Section 308.1.
(d) Referral of Proposed Text Amendments to the Planning Code Back to Planning Commission. In acting upon any proposed amendment to the text of the Code, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been considered by the Planning Commission. Should the Board adopt a motion proposing to materially modify the amendment while it is before said Board, the amendment and the motion proposing modification shall be referred back to the Planning Commission for its consideration. In all such cases of referral back, the amendment and the proposed modification shall be heard by the Planning Commission according to the requirements for a new proposal, except that online notice required under Section 333 need be given only 10 days prior to the date of the hearing. The motion proposing modification shall refer to, and incorporate by reference, a proposed amendment approved by the City Attorney as to form.
AMENDMENT HISTORY
SEC. 303. CONDITIONAL USES.
(See Interpretations related to this Section.)
(a) General. The Planning Commission shall hear and make determinations regarding applications for the authorization of Conditional Uses in the specific situations in which such authorization is provided for elsewhere in this Code. The procedures for Conditional Uses shall be as specified in this Section 303 and in Sections 306 through 306.6, except that Planned Unit Developments shall in addition be subject to Section 304, and Hospitals and Post-Secondary Educational Institutions shall in addition be subject to the Institutional Master Plan requirements of Section 304.5.
(b) Initiation. A Conditional Use action may be initiated by application of the owner, or authorized agent for the owner, of the property for which the Conditional Use is sought. For a Conditional Use application to relocate a General Advertising Sign under subsection (I) below, application shall be made by a General Advertising Sign company that has filed a Relocation Agreement application and all required information with the Planning Department pursuant to Section 2.21 of the San Francisco Administrative Code.
(c) Determination. After its hearing on the application, or upon the recommendation of the Director of Planning that no hearing is required, the Planning Commission shall approve the application and authorize a Conditional Use if the facts presented are such to establish that:
(1) The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community. If the proposed use exceeds the Non-Residential Use Size limitations for the district in which the use is located, the following shall be considered:
(A) The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the area; and
(B) The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function; and
(C) The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district; and
(2) Such use or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
(A) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures;
(B) The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading and of proposed alternatives to off-street parking, including provisions of car-share parking spaces, as defined in Section 166 of this Code.
(C) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor;
(D) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and
(3) Such use or feature as proposed will comply with the applicable provisions of this Code and will not adversely affect the General Plan; and
(4) Such use or feature as proposed will provide development that is in conformity with the stated purpose of the applicable Use District; and
(5) The use or feature satisfies any criteria specific to the use or feature in Subsections (g), et seq. of this Section.
(d) Conditions. When considering an application for a Conditional Use as provided herein with respect to applications for development of "dwellings" as defined in Chapter 87 of the Administrative Code, the Commission shall comply with that Chapter which requires, among other things, that the Commission not base any decision regarding the development of “dwellings” in which “protected class” members are likely to reside on information which may be discriminatory to any member of a “protected class” (as all such terms are defined in Chapter 87
of the Administrative Code). In addition, when authorizing a Conditional Use as provided herein, the Planning Commission, or the Board of Supervisors on appeal, shall prescribe such additional conditions, beyond those specified in this Code, as are in its opinion necessary to secure the objectives of the Code. Once any portion of the Conditional Use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute a violation of this Code and may constitute grounds for revocation of the Conditional Use authorization. Such conditions may include time limits for exercise of the Conditional Use authorization; otherwise, any exercise of such authorization must commence within a reasonable time.
(e) Modification of Conditions. Authorization of a change in any condition previously imposed in the authorization of a Conditional Use shall be subject to the same procedures as a new Conditional Use. Such procedures shall also apply to applications for modification or waiver of conditions set forth in prior stipulations and covenants relative thereto continued in effect by the provisions of Section 174 of this Code.
(f) Conditional Use Abatement. The Planning Commission may consider the possible revocation of a Conditional Use or the possible modification of or placement of additional conditions on a Conditional Use when the Planning Commission determines, based upon substantial evidence, that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or the Conditional Use is not in compliance with a Condition of Approval, is in violation of law if the violation is within the subject matter jurisdiction of the Planning Commission, or operates in such a manner as to create hazardous, noxious, or offensive conditions enumerated in Section 202(c) if the violation is within the subject matter jurisdiction of the Planning Commission and these circumstances have not been abated through administrative action of the Director, the Zoning Administrator or other City authority. Such consideration shall be the subject of a public hearing before the Planning Commission but no fee shall be required of the applicant or the subject Conditional Use operator.
(1) Public Hearing. The Director of Planning or the Planning Commission may schedule a public hearing on Conditional Use abatement when the Director or Commission has obtained or received (A) substantial evidence submitted within one year of the effective date of the Conditional Use authorization that the applicant for the Conditional Use had submitted false or misleading information in the application process that could have reasonably had a substantial effect upon the decision of the Commission or (B) substantial evidence, submitted or received at any time while the Conditional Use authorization is effective, of a violation of conditions of approval, a violation of law, or operation which creates hazardous, noxious or offensive conditions enumerated in Section 202(c).
(2) Notification. The notice for the public hearing on a Conditional Use abatement shall be subject to the notification procedure described in Section 333 of this Code.
(3) Consideration. In considering a Conditional Use revocation, the Commission shall consider whether and how the false or misleading information submitted by the applicant could have reasonably had a substantial effect upon the decision of the Commission, or the Board of Supervisors on appeal, to authorize the Conditional Use, substantial evidence of how any required condition has been violated or not implemented or how the Conditional Use is in violation of the law if the violation is within the subject matter jurisdiction of the Planning Commission or operates in such a manner as to create hazardous, noxious or offensive conditions enumerated in Section 202(c) if the violation is within the subject matter jurisdiction of the Planning Commission. As an alternative to revocation, the Commission may consider how the use can be required to meet the law or the conditions of approval, how the hazardous, noxious or offensive conditions can be abated, or how the criteria of Section 303(c) can be met by modifying existing conditions or by adding new conditions which could remedy a violation.
(4) Appeals. A decision by the Planning Commission to revoke a Conditional Use, to modify conditions or to place additional conditions on a Conditional Use or a decision by the Planning Commission refusing to revoke or amend a Conditional Use, may be appealed to the Board of Supervisors within 30 days after the date of action by the Planning Commission pursuant to the provisions of Section 308.1(b). The Board of Supervisors may disapprove the action of the Planning Commission in an abatement matter by the same vote necessary to overturn the Commission’s approval or denial of a Conditional Use. The Planning Commission’s action on a Conditional Use abatement issue shall take effect when the appeal period is over or, upon appeal, when there is final action on the appeal.
(5) Reconsideration. The decision by the Planning Commission with respect to a Conditional Use abatement issue or by the Board of Supervisors on appeal shall be final and not subject to reconsideration within a period of one year from the effective date of final action upon the earlier abatement proceeding, unless the Director of Planning determines that:
(A) There is substantial new evidence of a new Conditional Use abatement issue that is significantly different than the issue previously considered by the Planning Commission; or
(B) There is substantial new evidence about the same Conditional Use abatement issue considered in the earlier abatement proceeding, this new evidence was not or could not be reasonably available at the time of the earlier abatement proceeding, and that new evidence indicates that the Commission’s decision in the earlier proceeding has not been implemented within a reasonable time or raises significant new issues not previously considered by the Planning Commission. The decision of the Director of Planning regarding the sufficiency and adequacy of evidence to allow the reconsideration of a Conditional Use abatement issue within a period of one year from the effective date of final action on the earlier abatement proceeding shall be final.
(g) Hotels and Motels. With respect to applications for development of tourist hotels and motels, the Planning Commission shall consider, in addition to the criteria set forth in subsections (c) and (d) above:
(1) The impact of the employees of the hotel or motel on the demand in the City for housing, public transit, child-care, and other social services. To the extent relevant, the Commission shall also consider the seasonal and part-time nature of employment in the hotel or motel;
(2) The measures that will be taken by the project sponsor to employ residents of San Francisco in order to minimize increased demand for regional transportation; and
(3) The market demand for a hotel or motel of the type proposed.
(h) Internet Services Exchange.
(1) With respect to application for development of Internet Services Exchange as defined in Section 102, the Planning Commission shall, in addition to the criteria set forth in Subsection (c) above, find that:
(A) The intensity of the use at this location and in the surrounding neighborhood is not such that allowing the use will likely foreclose the location of other needed neighborhood-serving uses in the area;
(B) The building in which the use is located is designed in discrete elements, which respect the scale of development in adjacent blocks, particularly any existing residential uses;
(C) Rooftop equipment on the building in which the use is located is screened appropriately.
(D) The back-up power system for the proposed use will comply with all applicable Federal, State, regional and local air pollution controls.
(E) Fixed-source equipment noise does not exceed the decibel levels specified in the San Francisco Noise Control Ordinance.
(F) The building is designed to minimize energy consumption, such as through the use of energy-efficient technology, including without limitation, heating, ventilating and air conditioning systems, lighting controls, natural ventilation and recapturing waste heat, and as such commercially available technology evolves;
(G) The project sponsor has examined the feasibility of supplying and, to the extent feasible, will supply all or a portion of the building's power needs through on-site power generation, such as through the use of fuel cells or co-generation;
(H) The project sponsor shall have submitted design capacity and projected power use of the building as part of the conditional use application; and
(2) As a condition of approval, and so long as the use remains an Internet Services Exchange, the project sponsor shall submit to the Planning Department on an annual basis power use statements for the previous twelve-month period as provided by all suppliers of utilities and shall submit a written annual report to the Department of Environment and the Planning Department which shall state: (a) the annual energy consumption and fuel consumption of all tenants and occupants of the Internet Services Exchange; (b) the number of all diesel generators located at the site and the hours of usage, including usage for testing purposes; (c) evidence that diesel generators at the site are in compliance with all applicable local, regional, State, and Federal permits, regulations and laws; and (d) such other information as the Planning Commission may require.
(3) The Planning Department shall have the following responsibilities regarding Internet Services Exchanges:
(A) Upon the effective date of the requirement of a Conditional Use authorization for an Internet Services Exchange, the Planning Department shall notify property owners of all existing Internet Services Exchanges that the use has been reclassified as a conditional use;
(B) Upon the effective date of the requirement of a Conditional Use authorization for an Internet Services Exchange, the Planning Department shall submit to the Board of Supervisors and to the Director of the Department of Building Inspection a written report covering all existing Internet Services Exchanges and those Internet Services Exchanges seeking to obtain a Conditional Use authorization, which report shall state the address, assessor's block and lot, zoning classification, square footage of the Internet Services Exchange constructed or to be constructed, a list of permits previously issued by the Planning and/or Building Inspection Departments concerning the Internet Services Exchange, the date of issuance of such permits, and the status of any outstanding requests for permits from the Planning and/or Building Inspection Departments concerning Internet Services Exchange; and
(C) Within three years from the effective date of the requirement of a Conditional Use authorization for an Internet Services Exchange, the Planning Department, in consultation with the Department of Environment, shall submit to the Board of Supervisors a written report, which report shall contain the Planning Commission's evaluation of the effectiveness of the conditions imposed on Internet Services Exchanges, and whether it recommends additional or modified conditions to reduce energy and fuel consumption, limit air pollutant emissions, and enhance the compatibility of industrial uses, such as Internet Services Exchanges, located near or in residential or commercial districts.
(1) The extent to which the retail use's parking is planned in a manner that creates or maintains active street frontage patterns;
(2) The extent to which the retail use is a component of a mixed-use project or is designed in a manner that encourages mixed-use building opportunities;
(3) The shift in traffic patterns that may result from drawing traffic to the location of the proposed use;
(4) The impact that the employees at the proposed use will have on the demand in the City for housing, public transit, childcare, and other social services; and
(5) An economic impact study. The Planning Department shall prepare an economic impact study using qualified City staff or shall select a consultant from a pool of pre-qualified consultants to prepare the economic impact study required by this subsection (i)(5). The analysis, in the form of a study, shall be considered by the Planning Commission in its review of the application. The applicant shall bear the cost of paying the consultant for the consultant’s work preparing the economic impact study, and any necessary documents prepared as part of that study. The study shall evaluate the potential economic impact of the applicant’s proposed project, including:
(A) Employment Analysis. The report shall include the following employment information: a projection of both construction-related and permanent employment generated by the proposed project, and a discussion of whether the employer of the proposed project will pay a living wage, inclusive of non-salary benefits expected to be provided, relative to San Francisco's cost of living.
(B) Fiscal Impact. The report shall itemize public revenue created by the proposed project and public services needed because of the proposed project, relative to net fiscal impacts to the General Fund. The impacts to the City's public facilities and infrastructure shall be estimated using the City's current assumptions in existing nexus studies (including area plan, transit, open space in-lieu fee and other impact fees), and should account for any contributions the proposed project would make through such impact fee payments.
(C) Leakage Analysis Study. This portion of the report shall be twofold: both quantitative and qualitative. The quantitative portion shall provide an analysis of whether the proposed project will result in a net increase or decrease in the capture of spending by area residents on items that would otherwise be purchased outside the area. The area to be studied for potential economic impacts of the proposed project shall be determined by the City in consultation with the expert conducting the study as different sizes of study areas would be pertinent depending on a multitude of factors, including but not limited to, size and type of the proposed store. This quantitative leakage analysis should be paired with a qualitative assessment of whether the proposed use would complement existing merchandise selection in the area by adding greater variety of merchandise, bolstering the strength of an existing retail cluster, or matching evolving consumer preferences.
(j) Change in Use or Demolition of Movie Theater Uses. With respect to a change in use or demolition of a Movie Theater use pursuant to Section 202.4, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall make the following findings:
(1) Preservation of a Movie Theater use is no longer economically viable and cannot effect a reasonable economic return to the property owner. For purposes of defining “reasonable economic return,” the Planning Commission shall be guided by the criteria for Fair Return on Investment set forth in Section 102;
(2) The change in use or demolition of the Movie Theater use will not undermine the economic diversity and vitality of the surrounding District; and
(3) The resulting project will preserve the architectural integrity of important historic features of the movie theater use affected.
(k) Relocation of Existing General Advertising Signs pursuant to a General Advertising Sign Company Relocation Agreement.
(1) Before the Planning Commission may consider an application for a Conditional Use to relocate an existing lawfully permitted General Advertising Sign as authorized by Section 611 of this Code, the applicant sign company must have:
(A) Obtained a current Relocation Agreement approved by the Board of Supervisors under Section 2.21 of the San Francisco Administrative Code that covers the sign or signs proposed to be relocated; and
(B) Submitted to the Department a current sign inventory, site map, and the other information required under Section 604.2 of this Code; and
(C) Obtained the written consent to the relocation of the sign from the owner of the property upon which the existing sign structure is erected.
(D) Obtained a permit to demolish the sign structure at the existing location.
(2) The Department, in its discretion, may review in a single Conditional Use application all signs proposed for relocation by a General Advertising Sign company or may require that one or more of the signs proposed for relocation be considered in a separate application or applications. Prior to the Commission’s public hearing on the application, the Department shall have verified the completeness and accuracy of the General Advertising Sign company’s sign inventory.
(3) Only one sign may be erected in a new location, which shall be the same square footage or less than the existing sign proposed to be relocated. In no event may the square footage of several existing signs be aggregated in order to erect a new sign with greater square footage; provided however the square footage of one or more existing signs may be disaggregated in order to erect multiple smaller signs with lesser total square footage.
(4) In addition to applicable criteria set forth in subsection (c) above, the Planning Commission shall consider the size and visibility of the signs proposed to be located as well as the following factors in determining whether to approve or disapprove a proposed relocation:
(A) The factors set forth in this subsection (A) shall weigh in favor of the Commission's approval of the proposed relocation site:
(i) The sign or signs proposed for relocation are lawfully existing but are not in conformity with the sign regulations that existed prior to the adoption of Proposition G on March 5, 2002.
(ii) The sign or signs proposed for relocation are on a City list, if any, of priorities for sign removal or signs preferred for relocation.
(iii) The sign or signs proposed for relocation are within, adjacent to, or visible from property under the jurisdiction of the San Francisco Port Commission, the San Francisco Unified School District, or the San Francisco Recreation and Park Commission.
(iv) The sign or signs proposed for relocation are within, adjacent to, or visible from an Historic District or conservation district designated in Article 10 or Article 11 of the Planning Code.
(v) The sign or signs proposed for relocation are within, adjacent to, or visible from a zoning district where general advertising signs are prohibited.
(vi) The sign or signs proposed for relocation are within, adjacent to, or visible from a designated view corridor.
(B) The factors set forth in this subsection (k)(4)(B) shall weigh against the Commission’s approval of the proposed relocation:
(i) The sign or signs proposed for relocation are or will be obstructed, partially obstructed, or removed from public view by another structure or by landscaping.
(ii) The proposed relocation site is adjacent to or visible from property under the jurisdiction of the San Francisco Port Commission, the San Francisco Unified School District, or the San Francisco Recreation and Park Commission.
(iii) The proposed relocation site is adjacent to or visible from an Historic District or conservation district designated in Article 10 or Article 11 of the Planning Code.
(iv) The proposed relocation site is within, adjacent to, or visible from a zoning district where General Advertising Signs are prohibited.
(v) The proposed relocation site is within, adjacent to, or visible from a designated view corridor.
(vi) There is significant neighborhood opposition to the proposed relocation site.
(5) In no event may the Commission approve a relocation where:
(A) The sign or signs proposed for relocation have been erected, placed, replaced, reconstructed, or relocated on the property, or intensified in illumination or other aspect, or expanded in area or in any dimension in violation of Article 6 of this Code or without a permit having been duly issued; or
(B) The proposed relocation site is not a lawful location under Planning Code Section 611(c)(2); or
(C) The sign in its new location would exceed the size, height or dimensions, or increase the illumination or other intensity of the sign at its former location; or
(D) The sign in its new location would not comply with the Code requirements for that location as set forth in Article 6 of this Code; or
(E) The sign has been removed from its former location; or
(F) The owner of the property upon which the existing sign structure is erected has not consented in writing to the relocation of the sign.
(l) Change in Use or Demolition of General Grocery Uses. With respect to a change in use or demolition of General Grocery use which use exceeds 5,000 gross square feet pursuant to Section 202.3 of this Code, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall make the following findings:
(1) Preservation of a General Grocery use is no longer economically viable and cannot effect a reasonable economic return to the property owner. The Commission may disregard the above finding if it finds that the change in use or replacement structure in the case of demolition will contain a General Grocery that is of a sufficient size to serve the shopping needs of nearby residents and offers comparable services to the former General Grocery store. For purposes of defining “reasonable economic return,” the Planning Commission shall be guided by the criteria for Fair Return on Investment set forth in Section 102; and
(2) The change in use or demolition of the General Grocery use will not undermine the economic diversity and vitality of the surrounding neighborhood.
(m) Tobacco Paraphernalia Establishments.
(1) With respect to a Tobacco Paraphernalia Establishment, as defined in Section 102 of this Code, in addition to the criteria set forth in Subsections (c) and (d) above, the Commission shall make the following findings:
(A) The concentration of such establishments in the particular zoning district for which they are proposed does not appear to contribute directly to peace, health, safety, and general welfare problems, including drug use, drug sales, drug trafficking, other crimes associated with drug use, loitering, and littering, as well as traffic circulation, parking, and noise problems on the district's public streets and lots;
(B) The concentration of such establishments in the particular zoning district for which they are proposed does not appear to adversely impact the health, safety, and welfare of residents of nearby areas, including fear for the safety of children, elderly and disabled residents, and visitors to San Francisco; and
(C) The proposed establishment is compatible with the existing character of the particular district for which it is proposed.
(n) Massage Establishments. With respect to Massage Establishments that are subject to Conditional Use authorization, in addition to the criteria set forth in subsection (c) above, the Commission shall make the following findings:
(1) Whether the use’s façade is transparent and open to the public. Permanent transparency and openness are preferable. Elements that lend openness and transparency to a façade include:
(A) active street frontage of at least 25 feet in length where 75% of that length is devoted to entrances to commercially used space or windows at the pedestrian eye-level;
(B) windows that use clear, untinted glass, except for decorative or architectural accent;
(C) any decorative railings or decorative grille work, other than wire mesh, which is placed in front of or behind such windows, should be at least 75% open to perpendicular view and no more than six feet in height above grade;
(2) Whether the use includes pedestrian-oriented lighting. Well lit establishments where lighting is installed and maintained along all public rights-of-way adjacent to the building with the massage use during the post-sunset hours of the massage use are encouraged:
(3) Whether the use is reasonably oriented to facilitate public access. Barriers that make entrance to the use more difficult than to an average service-provider in the area are to be strongly discouraged. These include (but are not limited to) foyers equipped with double doors that can be opened only from the inside and security cameras.
Exceptions. A Massage Establishment shall not require a Conditional Use authorization if the Massage Establishment satisfies one or more of the following conditions:
(1) The massage use is accessory to a Principal Use, if the massage use is accessed by the Principal Use and the Principal Use is a Hotel, not including a Residential Hotel; a Personal Service; a Health Service; or an Institutional Use as defined in this Code.
(2) The only massage service provided is Chair/Foot Massage, such service is visible to the public, and customers are fully clothed at all times.
(o) Eating and Drinking Uses. With regard to a Conditional Use authorization application for a Restaurant, Limited-Restaurant and Bar uses the Planning Commission shall consider, in addition to the criteria set forth in subsection (c) above, the existing concentration of eating and drinking uses in the area. Such concentration should not exceed 25% of the total commercial frontage as measured in linear feet within the immediate area of the subject site except as otherwise provided in this subsection (o). The concentration of eating and drinking uses in the Polk Street Neighborhood Commercial District shall not exceed 35% of the total commercial frontage as measured in linear feet within the immediate area of the subject site. For the purposes of this Section 303 of the Code, the immediate area shall be defined as all properties located within 300' of the subject property and also located within the same zoning district.
(p) Adult Business, Adult Sex Venue, Nighttime Entertainment, and General Entertainment Uses. With respect to Conditional Use authorization applications for Adult Business, Adult Sex Venue, Nighttime Entertainment, and General Entertainment uses, such use or feature shall meet the following conditions:
(1) All Nighttime Entertainment uses shall comply with the Entertainment Commission’s Good Neighbor Policy.
(2) The Planning Commission may authorize Hours of Operation that exceed those principally permitted for the zoning district in which the use is located, provided that:
(A) facts presented are such to establish that the use will be operated in such a way as to minimize disruption to residences in and around the district with respect to noise and crowd control; and
(B) the proposed use shall not operate outside the Conditionally Permitted Hours of Operation for the zoning district.
(3) If the proposed use is located in a Cultural District established under Administrative Code Section 107, the Planning Commission shall consider the purpose and goals established in Section 107.2 as well as any recommendations set forth in the Cultural, History, Housing, and Economic Stability Strategy report for the district if one has been adopted pursuant to Section 107.4.
(4) The action of the Planning Commission approving a Conditional Use does not take effect until the appeal period is over or while the approval is under appeal.
(5) If the use is an Adult Business, it shall not be located within 1,000 feet of another such use.
(q) Power Plants. The controls of this Subsection shall apply to all Power Plants in M-1, M-2, and PDR-1-G, and PDR-2 Districts, including any intensification of a Power Plants as described in Section 178(c)(2).
(1) Criteria. In acting on any application for Conditional Use authorization for a Power Plant, the Commission shall consider the conditional use authorization requirements set forth in Subsection (c) above and, in addition, shall only approve an application for a Conditional Use authorization if facts are presented to establish that, on the basis of the record before the Commission:
(A) The benefits to the City's energy system resulting from the energy generated by the proposed power plant cannot be obtained in a reasonable time from a technically and economically feasible power plant and/or energy conservation project that would have materially fewer potential environmental impacts considering, but not limited to, the following: (i) Emissions of criteria air pollutants and greenhouse gas emissions; (ii) Stormwater and wastewater discharges; and (iii) noise and vibration impacts.
(B) A newly proposed Power Plant use would not directly and adversely impact existing or reasonably foreseeable adjoining land uses, or, as applied to a prior nonconforming use, the extension of the power plant use or the increase in intensity of the use would not result in increased direct and adverse impacts on existing or reasonably foreseeable adjoining land uses; and
(C) Granting Conditional Use authorization would not reasonably be expected to leave known contamination in place in such a way that would prolong or increase public health risks associated with such contamination at levels inconsistent with a risk-based remediation consistent with the proposed power plant use; and
(D) Granting Conditional Use authorization would not reasonably be expected to preclude future redevelopment and reuse of the property for non-power plant uses.
(2) Written Findings. The Planning Commission shall make detailed written findings explaining the basis for its decision under this Section.
(3) Severability. In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule, or regulation invalidates any clause, sentence, paragraph of this Section or the application thereof to any person or circumstances, it is intended that the court or agency sever such clause, sentence, paragraph or section so that the remainder of this Section shall remain in effect.
(r) Development of Large Lots in RTO-1 and RTO-M Districts. In order to promote, protect, and maintain a scale of development that is appropriate to each district and compatible with adjacent buildings, new construction or significant enlargement of existing buildings on lots of the same size or larger than the square footage stated in Table 209.4 under Large Project Review shall be permitted only as Conditional Uses subject to the provisions set forth in this Section 303 of this Code.
In addition to the criteria of Section 303(c)(1) of this Code, the Planning Commission shall consider the extent to which the following criteria are met:
(1) The mass and articulation of the proposed structures are compatible with the intended scale of the district.
(2) For development sites greater than ½-acre, the extension of adjacent alleys or streets onto or through the site, and/or the creation of new publicly-accessible streets or alleys through the site as appropriate, in order to break down the scale of the site, continue the surrounding existing pattern of streets and alleys, and foster beneficial pedestrian and vehicular circulation.
(3) The site plan, including the introduction of new streets and alleys, the provision of open space and landscaping, and the articulation and massing of buildings, is compatible with the goals and policies of the applicable Area Plan in the General Plan.
(s) Wireless Telecommunications Services (WTS) Facilities.
(1) Due to the potential modification of WTS Facilities over time and the resulting impacts on a neighborhood's aesthetics and character, as well as other changes in neighborhood character over time, a Conditional Use Authorization for a WTS Facility shall have a duration of ten years from the date of approval. If any administrative appeal is taken from the Conditional Use Authorization, the ten-year period shall run from the date the Authorization is upheld on administrative appeal.
(2) The Authorization may be renewed, without limitation, for subsequent time periods of ten years, subject to the following:
(A) The renewal application is filed with the Planning Department prior to expiration, but no earlier than 24 months prior to expiration.
(B) For any Conditional Use Authorization for a WTS Facility, the Planning Commission may, in granting the Conditional Use Authorization, determine that the Director shall review and determine whether to grant any application for renewal of the Conditional Use Authorization for an additional ten-year period.
(C) This provision shall not apply to Conditional Use Authorizations granted prior to the effective date of this Subsection (s). However, applications for Conditional Use Authorizations to modify existing WTS Facilities that are granted on or after the effective date of this Subsection (s) are subject to this Subsection (s).
(t) Non-accessory Parking. When considering a Conditional Use application for non-accessory parking for a specific use or uses, the Planning Commission shall find affirmatively that the project satisfies the following criteria, in addition to those of subsection 303(c), as applicable.
(1) In all zoning districts, the Planning Commission shall apply the following criteria:
(A) Demonstration that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by car pool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;
(B) Demonstration that the apparent demand for additional parking cannot be satisfied by the provision by the applicant of one or more car-share parking spaces in addition to those that may already be required by Section 166 of this Code;
(C) The absence of potential detrimental effects of the proposed parking upon the surrounding area, especially through unnecessary demolition of sound structures, contribution to traffic congestion, or disruption of or conflict with transit services, walking, and cycling;
(D) In the case of uses other than housing, limitation of the proposed parking to short-term occupancy by visitors rather than long-term occupancy by employees; and
(E) Availability of the proposed parking to the general public at times when such parking is not needed to serve the use or uses for which it is primarily intended.
(2) For Non-Accessory Parking in Mixed Use Districts:
(A) A non-accessory garage permitted with Conditional Use may not be permitted under any condition to provide additional accessory parking for specific residential or non-residential uses if the number of spaces in the garage, in addition to the accessory parking permitted in the subject project or building, would exceed those amounts permitted as-of-right or as a Conditional Use by Section 151.1.
(B) Criteria.
(i) Such facility shall meet all the design requirements for setbacks from facades and wrapping with active uses at all levels per the requirements of Section 145.1; and
(ii) Such parking shall not be accessed from any protected Transit or Pedestrian Street described in Section 155(r); and
(iii) Such parking garage shall be located in a building where the ratio of gross square footage of parking uses to other uses that are permitted or Conditionally permitted in that district is not more than 1 to 1; and
(iv) Such parking shall be available for use by the general public on equal terms and shall not be deeded or made available exclusively to tenants, residents, owners, or users of any particular use or building except in cases that such parking meets the criteria of subsection (C) or (D) below; and
(vi) Such facility, to the extent open to the public per subsection (iv) above, shall meet the pricing requirements of Section 155(g) and shall generally limit the proposed parking to short-term occupancy rather than long-term occupancy; and
(vii) Vehicle movement on or around the facility does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; and
(viii) Such facility and its access does not diminish the quality and viability of existing or planned streetscape enhancements.
(C) Parking of Fleet Vehicles. Parking of fleet of commercial or governmental vehicles intended for work-related use by employees and not used for parking of employees’ personal vehicles may be permitted with Conditional Use provided that the Commission affirmatively finds all of the above criteria except criteria (iv) and (vi).
(D) Pooled Residential Parking. Non-accessory parking facilities limited to use by residents, tenants, or visitors of specific off-site development(s) may be permitted with Conditional Use, provided that the Commission affirmatively finds all of the above criteria under (B) except criteria (iv) and (vi), and provided further that the proposed parking on the subject lot would not exceed the maximum amounts permitted by Section 151.1 with Conditional Use or Exceptions under Sections 309.1 and 329 as accessory for the uses in the off-site residential development. For the purpose of this subsection, an “off-site development” is a development which is existing or has been approved by the Planning Commission or Planning Department in the previous 12 months, is located on a lot other than the subject lot, and does not include any off-street parking. A Notice of Special Restrictions shall be recorded on both the off-site and subject development lot indicating the allocation of the pooled parking.
(3) For Non-Accessory Parking in C-3, RC, NCT, and RTO Districts:
(A) The rate structure of Section 155(g) shall apply;
(B) The project sponsor has produced a survey of the supply and utilization of all existing publicly-accessible parking facilities, both publicly and privately owned, within one-half mile of the subject site, and has demonstrated that such facilities do not contain excess capacity, including via more efficient space management or extended operations;
(C) In the case of expansion of existing facilities, the facility to be expanded has already maximized capacity through use of all feasible space efficient techniques, including valet operation or mechanical stackers;
(D) The proposed facility meets or exceeds all relevant urban design requirements and policies of this Code and the General Plan regarding wrapping with active uses and architectural screening, and such parking is not accessed from any frontages protected in Section 155(r);
(E) Non-accessory parking facilities shall be permitted in new construction only if the ratio between the amount of Occupied Floor Area of principally or conditionally-permitted non- parking uses to the amount of Occupied Floor Area of parking is at least two to one;
(F) The proposed facility shall dedicate no less than 5% of its spaces for short-term, transient use by car share vehicles as defined in Section 166, vanpool, rideshare, or other co-operative auto programs, and shall locate these vehicles in a convenient and priority location. These spaces shall not be used for long-term storage or to satisfy the requirement of Section 166, but rather are intended for use by short-term visitors and customers. Parking facilities intended for sole and dedicated use as long-term storage for company or government fleet vehicles, and not to be available to the public nor to any employees for commute purposes, are not subject to this requirement;
(G) For new or expanding publicly owned non-accessory parking facilities in the C-3, RC, NCT, and RTO Districts, the following shall also apply:
(i) Expansion or implementation of techniques to increase utilization of existing public parking facilities in the vicinity has been explored in preference to creation of new facilities, and has been demonstrated to be infeasible;
(ii) The City has demonstrated that all major institutions (cultural, educational, government) and employers in the area intended to be served by the proposed facility have Transportation Demand Management programs in place to encourage and facilitate use of public transit, carpooling, car sharing, bicycling, walking, and taxis;
(iii) The City has demonstrated that conflicts with pedestrian, cycling, and transit movement resulting from the placement of driveways and ramps, the breaking of continuity of shopping facilities along sidewalks, and the drawing of traffic through areas of heavy pedestrian concentration, have been minimized, and such impacts have been mitigated to the fullest extent possible; and
(iv) The proposed parking conforms to the objectives and policies of the General Plan and any applicable area plans, and is consistent with the City’s transportation management, sustainability, and climate protection goals.
(u) Accessory Parking Above That Principally Permitted.
(1) Residential Uses.
(A) In granting approval for parking accessory to Residential Uses above that principally permitted in Table 151.1, the Planning Commission shall make the following affirmative findings in addition to those stated in Section 303(c):
(i) For projects with 50 units or more, all residential accessory parking in excess of 0.5 parking spaces for each Dwelling Unit shall be stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that allow more space above-ground for housing, maximizes space efficiency, and discourages use of vehicles for commuting or daily errands. The Planning Commission may authorize the request for additional parking notwithstanding that the project sponsor cannot fully satisfy this requirement provided that the project sponsor demonstrates hardship or practical infeasibility (such as for retrofit of existing buildings) in the use of space-efficient parking given the configuration of the parking floors within the building and the number of independently accessible spaces above 0.5 spaces per unit is de minimus and subsequent valet operation or other form of parking space management could not significantly increase the capacity of the parking space above the maximums in Table 151.1;
(ii) All parking meets the active use and architectural screening requirements in Section 145.1 and the project sponsor is not requesting any exceptions or variances requiring such treatments elsewhere in this Code;
(iii) Demonstration that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by carpool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;
(iv) Demonstration that the apparent demand for additional parking cannot be satisfied by the provision by the applicant of one or more car-share parking spaces in addition to those that may already be required by Section 166 of this Code;
(v) The absence of potential detrimental effects of the proposed parking upon the surrounding area, especially through unnecessary demolition of sound structures, contribution to traffic congestion, or disruption of or conflict with transit services, walking, and cycling; and
(vi) Accommodating excess accessory parking does not degrade the overall urban design quality of the project proposal nor diminish the quality and viability of existing or planned streetscape enhancements.
(B) Required Additional Conditions. Additionally, in granting approval for such accessory parking above that principally permitted, the Commission may require the property owner to pay the annual membership fee to a certified car-share organization, as defined in Section 166(b)(2), for any resident of the project who so requests and who otherwise qualifies for such membership, provided that such requirement shall be limited to one membership per Dwelling Unit, when the following findings are made:
(i) that the project encourages additional private-automobile use, thereby creating localized transportation impacts for the neighborhood; and
(ii) that these localized transportation impacts may be lessened for the neighborhood by the provision of car-share memberships to residents.
(2) Non-Residential Uses.
(A) Criteria. In granting such Conditional Use, the Planning Commission shall make the following affirmative findings according to the uses to which the proposed parking is accessory:
(i) Vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district;
(ii) Accommodating excess accessory parking does not degrade the overall urban design quality of the project proposal;
(iii) All above-grade parking is architecturally screened and lined with active uses according to the standards of Section 145.1, and the project sponsor is not requesting any exceptions or variances requiring such treatments elsewhere in this Code; and
(iv) Excess accessory parking does not diminish the quality and viability of existing or planned streetscape enhancements.
(B) Conditions. All Non-Residential Uses exceeding 20,000 square feet shall be subject to the following conditions:
(i) Projects that provide more than 10 spaces for non-residential uses must dedicate 5% of these spaces, rounded down to the nearest whole number, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other co-operative auto programs. These spaces shall not be used for long-term storage nor satisfy the requirement of Section 166, but rather to park the vehicles during trips to commercial uses. These spaces may be used by shuttle or delivery vehicles used to satisfy Subsection (ii);
(ii) Retail uses larger than 20,000 square feet including but not limited to grocery, hardware, furniture, consumer electronics, greenhouse or nursery, and appliance stores, which sell merchandise that is impractical to carry on public transit, shall offer, at minimal or no charge to its customers, door-to-door delivery service and/or shuttle service. This is encouraged, but not required, for retail uses less than 20,000 square feet;
(iii) Parking shall be limited to short-term use only; and
(iv) Parking shall be available to the general public at times when such parking is not needed to serve the use or uses to which it is accessory.
(v) Affordable Housing Bonus Projects. The purpose of this Section 303(v) is to ensure that all Analyzed State Density Bonus Program Projects under Section 206.5 are reviewed in coordination with priority processing available for certain projects with greater levels of affordable housing. While most projects in the Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.
(1) Planning Commission Design Review: The Planning Commission shall review and evaluate all physical aspects of a State Analyzed Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be larger in height and mass than surrounding buildings to achieve the Affordable Housing Bonus Program’s affordable housing goals. However, the Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale.
(2) Additional Criteria. In addition to the criteria set forth in subsection (c)(2), the Planning Commission shall consider the extent to which the following criteria are met:
(A) whether the project would require the demolition of an existing building;
(B) whether the project would remove existing commercial or retail uses;
(C) If the project would remove existing commercial or retail uses, how recently the commercial or retail uses were occupied by a tenant or tenants;
(D) whether the project includes commercial or retail uses;
(E) whether there is an adverse impact on the public health, safety, and general welfare due to the loss of commercial or retail uses in the district where the project is located; and
(F) whether any existing commercial or retail use has been designated, or is eligible to be designated, as a Legacy Business under Administrative Code Section 2A.242; or is a formula retail business.
(3) In no case may a project receive a site permit or any demolition permit prior to 18 months from the date of written notification required by 206.5(d)(7).
(w) Cannabis Retail. With respect to any application for the establishment of a new Cannabis Retail Use, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the geographic distribution of Cannabis Retail Uses throughout the City, the concentration of Cannabis Retail and Medical Cannabis Dispensary Uses within the general proximity of the proposed Cannabis Retail Use, the balance of other goods and services available within the general proximity of the proposed Cannabis Retail Use, any increase in youth access and exposure to cannabis at nearby facilities that primarily serve youth, and any proposed measures to counterbalance any such increase.
(x) Medical Cannabis Dispensaries. With respect to any application for the establishment of a new Medical Cannabis Dispensary Use, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the concentration of Cannabis Retail and Medical Cannabis Dispensary Uses within the general proximity the proposed Medical Cannabis Dispensary Use.
(y) Curb Cuts on Restricted Streets. With respect to an application for a new or expanded curb cut on street frontages subject to Section 155(r), the Planning Commission shall affirmatively find, in addition to those findings in subsections 303(c) and (d) above, that the project meets one or more of the following criteria:
(1) That the restriction on curb cuts at this location would substantially affect access to or operations of emergency services;
(2) That the proposed land use(s) requires off-street parking or loading for disability access under a local, State, or federal law or has an extraordinary need to provide off-street parking or loading for a General Grocery Use, Institutional Use, or PDR Use; and/or
(3) The proposed use necessitates on-site loading spaces in order to prevent a significant negative impact on Muni operations, the safety of pedestrian, cyclists, or traffic hazards.
(z) Liquor Stores. With regard to the Conditional Use application for a Liquor Store use, the Planning Commission shall consider, in addition to the criteria set forth in subsection (c) above:
(1) the existing concentration of Liquor Store uses within 300 feet of the proposed location; and
(2) the availability of General Grocery or Specialty Grocery stores in the area selling alcoholic beverages as well as a range of foods.
(aa) Change in Use or Demolition of Residential Care Facility. With respect to a change of use from or demolition of a Residential Care Facility, as defined in Sections 102 and 890.50(e) of the Planning Code, including a Residential Care Facility established with or without the benefit of any permits required under the Municipal Code, in addition to the criteria set forth in subsections (c) and (d) of this Section 303, the Commission shall take into account the following factors when considering a Conditional Use Authorization for the change of use or demolition of a Residential Care Facility:
(1) Information provided by the Department of Public Health, the Human Services Agency, the Department of Disability and Aging Services, the Golden Gate Regional Center, and/or the San Francisco Long-Term Care Coordinating Council with regard to the population served, nature and quality of services provided, and capacity of the existing Residential Care Facility;
(2) Data on available beds at licensed Residential Care Facilities within a one-mile radius of the site, and assessment from any of the above agencies regarding whether these available beds are sufficient to serve the need for residential care beds in the neighborhoods served by the Residential Care Facility proposed for a change of use or demolition, and in San Francisco;
(3) Whether the Residential Care Facility proposed for a change of use or demolition will be relocated or its capacity will be replaced at another Residential Care Facility Use, and whether such relocation or replacement is practically feasible; and
(4) Whether the continued operation of the existing Residential Care Facility by the current operator is practically feasible and whether any other licensed operator or any of the above agencies has been contacted by the applicant seeking the change of use or demolition, or has expressed interest in continuing to operate the facility.
(bb) Social Service and Philanthropic Facilities in Chinatown Visitor Retail, Chinatown Residential Neighborhood Commercial, and Chinatown Community Business Districts. With regard to a Conditional Use application for a Social Service or Philanthropic Facility use pursuant to Section 121.4 of this Code, in addition to consideration of the criteria set forth in subsection (c) above, the Planning Commission shall, in order to grant a Conditional Use Authorization, find that the proposed use will primarily serve the Chinatown neighborhood.
(cc) Parcel Delivery Services.
(1) Criteria. With respect to a Conditional Use application for Parcel Delivery Service use as defined in Section 102 of the Planning Code that is less than 5,000 square feet in size, the Planning Commission shall consider the criteria in subsections (c) and (d) above. With respect to a Conditional Use application for Parcel Delivery Service use that is 5,000 square feet or larger, in addition to the criteria in subsections (c) and (d) above, the Planning Commission shall consider the following:
(A) The extent to which the use will adversely impact traffic patterns and queuing times and add total vehicle miles traveled, including by delivery drivers and couriers operating to and from the site;
(B) The greenhouse gas emissions resulting from operating of the site, including from indirect sources such as courier and delivery vehicles;
(C) The impact that the use will have on public transit, public safety, and emergency response, with particular attention paid to the rate of workplace injury associated with the use and moving violations and traffic accidents requiring public safety or emergency service response; and
(D) The impact on educational institutions located near the site; and
(E) An economic impact study. The Planning Department shall prepare an economic impact study using City staff or shall, consistent with the Charter, select a consultant from a pool of pre-qualified consultants to prepare the economic impact study required by this subsection (cc). The economic impact study shall be considered by the Planning Commission in its review of the application. In the event a consultant is used, the applicant shall bear the cost of paying the consultant for their work preparing the economic impact study, and any necessary documents prepared as part of that study. The study shall evaluate the potential economic impact of the applicant’s proposed project, including:
(i) Employment Analysis. The report shall include the following employment information: a projection of both construction-related and permanent employment generated by the proposed project, and a discussion of whether the employer of the proposed project will pay a living wage, inclusive of non-salary benefits expected to be provided, relative to San Francisco’s cost of living. The employment analysis shall also include a discussion of the past and current employment practices of the proposed operator, if any, including but not limited to artificial intelligence utilization and autonomous vehicles driven in ratio of human-operated activities.
(ii) Fiscal Impact. The report shall itemize public revenue created by the proposed project and public services needed because of the proposed project, relative to net fiscal impacts to the General Fund. The impacts to the City’s public facilities and infrastructure shall be estimated using the City’s current assumptions in existing nexus studies (including area plan, transit, open space in-lieu fee and other impact fees), and should account for any contributions the proposed project would make through such impact fee payments.
(2) Required Additional Conditions. All Parcel Delivery Service facilities shall be subject to at least the following conditions of project approval:
(A) Electrification. Facilities shall include necessary infrastructure and electrical capacity to accommodate and charge electric vehicles—including electric heavy-duty delivery trucks, employee vehicles, and all other zero-emission vehicles accessing the facility; power refrigeration for refrigerated spaces; and serve any other processes that would otherwise rely upon fossil fuel combustion. Facilities shall install battery storage to address power disruption. Diesel back-up generators shall only be permitted if the facility demonstrates battery storage is infeasible and shall meet CARB’s Tier 4 emission standards or meet the most stringent in-use standard, whichever has the least emissions.
(B) Idling of Vehicles. To reduce idling emissions from transport trucks, the facility shall have signage placed at truck access points, loading docks, and truck parking areas that clearly notes idling for more than three minutes is strictly prohibited on the subject property. The facility shall fund placement of similar signs installed by the City in the adjacent streets used for access. Each sign placed outside the property should note the California Air Resources Board idling prohibitions on the adjacent streets and include telephone numbers of the building facilities manager and the California Air Resources Board to report violations. All signage should be made of weather-proof materials. All site and architectural plans submitted to the City shall note the locations of these signs.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 47-92, App. 2/14/92; Ord. 304-99, File No. 990495, App. 12/3/99; Ord. 311-99, File No. 991585, App. 12/3/99; Ord. 169-00, File No. 991953, App. 7/7/2000; Ord. 259-00, File No. 001422, App. 11/17/2000; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 43-03, File No. 021772, App. 4/3/2003; Ord. 62-04, File No. 031501, App. 4/9/2004; Ord. 89-04, File No. 031463, App. 5/27/2004; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 140-06, File No. 052921, App. 6/22/2006; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 112-08, File No. 080095, App. 6/30/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 106-12
, File No. 120047, App. 6/22/2012, Eff. 7/22/2012; Ord. 182-12
, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 248-13
, File No. 130372, App. 11/8/2013, Eff. 12/8/2013; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 198-18, File No. 180456, App. 8/10/2018, Eff. 9/10/2018; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 149-21, File No. 210535, App. 9/29/2021, Eff. 10/30/2021; Ord. 197-21, File No. 210600, App. 11/5/2021, Eff. 12/6/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 47-24, File No. 231223, App. 3/15/2024, Eff. 4/15/2024; Ord. 54-24, File No. 240169, App. 3/22/2024, Eff. 4/22/2024, Retro. 3/30/2024; Ord. 113-24, File No. 240193, App. 6/13/2024, Eff. 7/14/2024, Retro. 3/30/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
[Former] division (i) and division (l)(5)(A) amended; Ord. 140-11, Eff. 8/4/2011. [Former] division (i) amended; [former] division (p) added; Ord. 75-12
, Eff. 5/23/2012. [Former] division (i) amended; Ord. 106-12
, Eff. 7/22/2012. [Former] division (g)(1)(D) added; [former] divisions (g)(2) and (g)(3) amended; Ord. 182-12
, Eff. 9/7/2012. Divisions (c)(3), (c)(4), (c)(5)(A), (c)(5)(A)(i), and [former] (i) amended; former divisions (j)(A)-(D) redesignated as [former] (j)(1)-(4); [former] divisions (k)(1), (l)(3), (l)(5), (n)(1), and (o)(1) amended; Ord. 56-13
, Eff. 4/27/2013. [Former] division (i) amended; Ord. 248-13
, Eff. 12/8/2013. Former division (i) deleted; former division (j) redesignated as current division (i) and new division (i)(5) added; former divisions (k)-(o) redesignated as current divisions (j)-(n) and internal references adjusted accordingly; former divisions (p) and (p)(1)(A) redesignated as current divisions (o) and [former] (o)(1); Ord. 235-14
, Eff. 12/26/2014. Former division (c)(1)(A) merged into division (c)(1) and amended; former divisions (c)(1)(A)(i)-(iii) redesignated as (c)(1)(A)-(C); divisions (c)(4) and (c)(5) amended; former division (c)(6) deleted; divisions (f)(1)-(3) amended; former division (g)(1) merged into division (g) and former divisions (g)(1)(A)-(D) redesignated as (g)(1)-(4); former divisions (g)(2) and (g)(3) deleted; divisions (h)(1), (h)(3)(A)-(C), (j), and (j)(1) amended; former division (j)(1)(A)(i) merged into division (j)(1)(A) and amended; divisions (j)(1)(B), (l), and (l)(1) amended; former division (l)(1)(A)(i) merged into division (l)(1)(A) and amended; divisions (m)(1), (n)(1), and (n)(1)(A) amended; former division (o)(1) merged into division (o) and amended; divisions (p) and (q) added; Ord. 22-15, Eff. 3/22/2015. Divisions (n)(1)(A), (p), (p)(1), and (p)(2) amended; division (r) added; Ord. 188-15
, Eff. 12/4/2015. Division (s) added; Ord. 166-16
, Eff. 9/10/2016. Divisions (t) and (u) added; Ord. 99-17
, Eff. 6/18/2017. [Former] division (t) added; Ord. 116-17
, Eff. 7/13/2017. Divisions (a), (b), (c), (d), (e), (f)-(f)(5)(B), amended; former division (j)(1) merged into division (j) and amended; former divisions (j)(1)(A)-(C) redesignated as (j)(1)-(3); divisions (k)(1), (k)(2), (k)(4)(B), (k)(4)(B)(iv), and (k)(6) amended; former division (l)(1) merged into division (l), former divisions (l)(1)(A)-(B) redesignated as (l)(1)-(2), and current divisions (l)-(l)(2) amended; former division (n)(1) merged into division (n), former divisions (n)(1)(A)-(D) redesignated as (n)(1)-(4), and former divisions (n)(1)(B)(i)-(iii) redesignated as (n)(2)(A)-(C); current divisions (n), (n)(1), (n)(2)(A), and (n)(2)(C) amended; divisions (p), (p)(1), (p)(2), (p)(3), and (r) amended; Ord. 129-17
, Eff. 7/30/2017. Divisions (a), (f), and (o) amended; Ord. 205-17
, Eff. 12/3/2017. Second division (t) redesignated as (v) and related references amended; divisions (w) and (x) added; Ord. 229-17, Eff. 1/5/2018. Divisions (v) and (v)(1) amended; former divisions (v)(1)(A)- (v)(2)(G) deleted; former divisions (v)(3)-(v)(3)(F) and (v)(4) redesignated as (v)(2)-(v)(2)(F) and (v)(3); current division (v)(3) amended; Ord. 198-18, Eff. 9/10/2018. Divisions (y)-(y)(3) added; Ord. 277-18, Eff. 12/21/2018. Division (f)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (z)-(z)(B)1
added; Ord. 182-19
, Eff. 9/9/2019. Exceptions (1)-(3) appended to division (n); divisions (z)(A) and (z)(B) redesignated as (z)(1) and (z)(2); Ord. 63-20, Eff. 5/25/2020. Division (aa) added; Ord. 149-21, Eff. 10/30/2021. Division (bb) added; Eff. 12/6/2021. Division (n)(1) deleted; divisions (n)(2)-(4) redesignated as (n)(1)-(3); division (n) Exceptions (1)(A) and (3) deleted; division (n) Exception (1)(B) merged into Exception (1); current division (n) Exceptions (1) and (2) amended; Ord. 233-21, Eff. 1/22/2022. Division (n) amendments reapplied; Exception (1) further amended; Ord. 37-22, Eff. 4/14/2022. Divisions (p), (p)(1), (p)(1)(D), (p)(2) amended; new division (p)(3) added; former division (p)(3) redesignated as (p)(4); Ord. 75-22, Eff. 6/13/2022. Divisions (p)(1)(A)-(D) deleted; divisions (p)-(p)(1) amended as (p); division (p)(2) amended as (p)(2)-(p)(2)(A); divisions (p)(1), (p)(2)(B), and (p)(5) added; Ord. 70-23, Eff. 6/3/2023. Divisions (cc)- (cc)(2)(B) added; Ord. 47-24, Eff. 4/15/2024; and Ord. 54-24, Retro. 3/30/2024. Division (cc)(1)(D) redesignated as (cc)(1)(E); new division (cc)(1)(D) added; division (cc)(1)(E)(i) amended; Ord. 113-24, Eff. 7/14/2024, Retro. 3/30/2024. Divisions (i) and (i)(5) amended; Ord. 297-24, Eff. 1/19/2025. Divisions (a), (g), (g)(2)-(3) amended; division (g)(4) deleted; Ord. 37-25, Eff. 5/4/2025. Division (r) amended; Ord. 245-25, Eff. 1/12/2026.
SEC. 303.1. FORMULA RETAIL USES.
(See Interpretations related to this Section)
(a) Findings.
(1) San Francisco is a city of diverse and distinct neighborhoods identified in large part by the character of their commercial areas.
(2) One of the eight Priority Policies of the City's General Plan resolves that "existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced."
(3) Retail uses are the land uses most critical to the success of the City's commercial districts.
(4) Formula Retail businesses are increasing in number in San Francisco, as they are in cities and towns across the country.
(5) San Francisco is one of a very few major urban centers in the State in which housing, shops, work places, schools, parks and civic facilities intimately co-exist to create strong identifiable neighborhoods. The neighborhood streets invite walking and bicycling and the City's mix of architecture contributes to a strong sense of neighborhood community within the larger City community.
(6) Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many Formula Retail businesses can detract from the distinctive character and aesthetics of certain Neighborhood Commercial Districts.
(7) The increase of Formula Retail businesses in the City's neighborhood commercial areas, if not monitored and regulated, will hamper the City's goal of a diverse retail base with distinct neighborhood retailing personalities comprised of a mix of businesses. Specifically, the unregulated and unmonitored establishment of additional Formula Retail uses may unduly limit or eliminate business establishment opportunities for smaller or medium-sized businesses, many of which tend to be non-traditional or unique, and unduly skew the mix of businesses towards formula retailers in lieu of unique or start-up retailers, thereby decreasing the diversity of merchandise available to residents and visitors and the diversity of purveyors of merchandise.
(8) If, in the future, neighborhoods determine that the needs of their Neighborhood Commercial Districts are better served by eliminating the notice requirements for proposed Formula Retail uses, by converting Formula Retail uses into conditional uses in their district, or by prohibiting Formula Retail uses in their district, they can propose legislation to do so.
(9) Neighborhood Commercial Districts are intended to preserve the unique qualities of a district while also serving the daily needs of residents living in the immediate neighborhood; however, community members have reported loss of daily needs uses due to inundation of formula retailers that target larger citywide or regional audiences. The City strives to ensure that goods and services that residents require for daily living are available within walking distance and at an affordable price. Establishments that serve daily needs and Formula Retail establishments are neither mutually exclusive nor completely overlapping.
(10) The San Francisco retail brokers' study of 28 Neighborhood Commercial Districts conducted in 2014 found that the healthiest and most viable retail environments offer a mix of retailers who vary in size and offerings; including a mix of conventional and cutting edge retailers as well as established players and newcomers.
(11) Formula retailers are establishments with multiple locations and standardized features or a recognizable appearance. Recognition is dependent upon the repetition of the same characteristics of one store in multiple locations. The sameness of Formula Retail outlets, while providing clear branding for consumers, counters the general direction of certain land use controls and General Plan Policies which value unique community character and therefore need controls, in certain areas, to maintain neighborhood individuality.
(12) The homogenizing effect of Formula Retail, based on its reliance on standardized branding, is greater if the size of the Formula Retail use, in number of locations or size of use or branded elements, is larger. The increased level of homogeneity distracts from San Francisco's unique neighborhoods, which thrive on a high level of surprise and interest maintained by a balanced mix of uses and services, both independent and standardized.
(13) Due to the distinct impact that Formula Retail uses have on a neighborhood, these uses are evaluated for concentration as well as compatibility within a neighborhood. As neighborhoods naturally evolve over time, changes and intensifications of Formula Retail uses should also be re-evaluated for concentration and compatibility within a neighborhood.
(14) According to an average of ten studies done by the firm Civic Economics and published by the American Independent Business Alliance in October of 2012, spending by independent retailers generated 3.7 times more direct local spending than that of Formula Retail chains.
(15) Money earned by independent businesses is more likely to circulate within the local neighborhood and City economy than the money earned by Formula Retail businesses which often have corporate offices and vendors located outside of San Francisco.
(16) According to a 2014 study by the San Francisco Office of Economic Analysis (OEA) report "Expanding Formula Retail Controls: Economic Impact Report" the uniqueness of San Francisco's neighborhoods is based on a combination of unique visual characteristics and a sense of community fostered by small merchants and resident relationships. A Formula Retail establishment is determined by its recognizable look which is repeated at every location, therefore, detracting from the unique community character.
(17) The OEA Report found that in general, chain stores charge lower prices and provide affordable goods, but may spend less within the local economy, and can be unpopular with some residents because they can be seen to diminish the character of the neighborhood. At the same time, this OEA Report found that excessively limiting chain stores can reduce commercial rents and raise vacancy rates.
(18) Through a 2014 study commissioned by the Planning Department, titled "San Francisco Formula Retail Economic Analysis," staff and consultants conducted one-on-one interviews and worked with small groups including independent retailers, small business owners, merchants associations, formula retailers, commercial brokers, neighborhood representatives and other stakeholders. The Study found that landlords often perceive a benefit in renting to large established chains, which landlords believe typically have better credit and can sign longer leases than local, independent retailers, lowering the risk that the tenant will be unable to pay its rent. The existing land use controls for Formula Retail may create a disincentive for formula retailers to locate where the formula retail controls apply.
(b) Definition. A Formula Retail use is hereby defined as a type of retail sales or service activity or retail sales or service establishment that has eleven or more other retail sales establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the eleven establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a servicemark.
(1) Standardized array of merchandise shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings.
(2) Trademark shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
(3) Servicemark shall be defined as word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
(4) Decor shall be defined as the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.
(5) Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.
(7) Uniform Apparel shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.
(8) Signage shall be defined as business sign pursuant to Section 602.3 of the Planning Code.
(c) "Retail Sales or Service Activity or Retail Sales or Service Establishment." For the purposes of this Section 303.1, a retail sales or service activity or retail sales or service establishment shall include the following uses whether functioning as a Principal or Accessory Use, as defined in Articles 1, 2, 7, and 8 of this Code:
- Bar § 102;
- Eating and Drinking Use § 102;
- Liquor Store § 102;
- Sales and Service, Other Retail § 890.102 and Retail Sales and Service, General;
- Restaurant § 102;
- Limited-Restaurant § 102;
- Amusement Game Arcade § 890.4;
- Service, Limited Financial, except single automated teller machines at the street front that meet the Commission’s adopted Performance-Based Design Guidelines and automated teller machines located within another use that are not visible from the street § 102;
- Gym; § 102
- General Grocery § 102;
- Specialty Grocery § 102;
- Pharmacy § 102;
(d) Conditional Use Criteria. With regard to a Conditional Use authorization application for a Formula Retail use, the Planning Commission shall consider, in addition to the criteria set forth in Section 303, the criteria below and the Performance-Based Design Guidelines adopted by the Planning Commission to implement the criteria below.
(1) The existing concentrations of Formula Retail uses within the district and within the vicinity of the proposed project. To determine the existing concentration, the Planning Commission shall consider the percentage of the total linear street frontage within a 300-foot radius or a quarter of a mile radius, at the Planning Department's discretion, from the subject property that is occupied by Formula Retail and non-Formula Retail businesses. The Department's review shall include all parcels that are wholly or partially located within the 300-foot radius or quarter-mile radius. If the subject property is a corner parcel, the 300-foot radius or quarter mile radius shall include all corner parcels at the subject intersection. For each property, the Planning Department shall divide the total linear frontage of the lot facing a public-right of way by the number of storefronts, and then calculate the percentage of the total linear frontage for Formula Retail and non-Formula Retail. Half percentage points shall be rounded up.
For the Upper Market Street Neighborhood Commercial District only, if the application would bring the formula retail concentration within a 300-foot radius to a concentration of 20% or above, Planning Department staff shall recommend disapproval of the application to the Planning Commission. If the application would not bring the formula retail concentration within the 300-foot radius to a concentration of 20% or above, Planning Department staff shall assess the application according to all the other criteria listed in this Subsection 303.1(d), and recommend approval or disapproval to the Planning Commission, according to its discretion and professional judgment. In either case, the Planning Commission may approve or reject the application, considering all the criteria listed in this Subsection 303.1(d).
(2) The availability of other similar retail uses within the district and within the vicinity of the proposed project.
(3) The compatibility of the proposed Formula Retail use with the existing architectural and aesthetic character of the district.
(4) The existing retail vacancy rates within the district and within the vicinity of the proposed project.
(5) The existing mix of Citywide-serving retail uses and daily needs-serving retail uses within the district and within the vicinity of the proposed project.
(6) Additional relevant data and analysis set forth in the Performance-Based Design Guidelines adopted by the Planning Commission.
(8) Notwithstanding anything to the contrary contained in Planning Code Article 6 limiting the Planning Department's and Planning Commission's discretion to review signs, the Planning Department and Planning Commission may review and exercise discretion to require changes in the time, place and manner of the proposed signage for the proposed Formula Retail use, applying the Performance-Based Design Guidelines.
(e) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for a Formula Retail use in the following zoning districts unless explicitly exempted:
(1) All Neighborhood Commercial Districts in Article 7;
(2) All Mixed Use-General Districts in Section 840;
(3) All Urban Mixed Use Districts in Section 843;
(4) All Residential-Commercial Districts as defined in Section 209.3, except for lots in the RC-3 District that front Van Ness Avenue, beginning immediately north of Chestnut Street to the north, to Broadway to the south, and lots in the RC-4 District that front Van Ness Avenue, from Broadway to Redwood Street;
(5) Chinatown Community Business District as defined in Section 810;
(6) Chinatown Residential/Neighborhood Commercial District as defined in 812;
(7) Western SoMa Planning Area Special Use District as defined in 823;
(9) Third Street Formula Retail Restricted Use District, as defined in Section 786; and
(10) Central SoMa Special Use District as defined in Section 848, except for those uses not permitted pursuant to subsection (f) below; and
(11) RTO-C District, as defined in Section 209.4.
(f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the following zoning districts:
(1) Hayes-Gough Neighborhood Commercial Transit District;
(2) North Beach Neighborhood Commercial District;
(3) Chinatown Visitor Retail District;
(4) Upper Fillmore District does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses;
(5) Broadway Neighborhood Commercial District does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses;
(6) Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict does not permit Formula Retail uses that are also either a Retail Pet Supply Store or an Eating and Drinking use as set forth in Section 781.4;
(7) Taraval Street Restaurant Subdistrict does not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses;
(8) Chinatown Mixed Use Districts do not permit Formula Retail uses that are also Restaurant or Limited-Restaurant uses;
(9) Central SoMa Special Use District does not permit Formula Retail Uses that are also Bar, Restaurant, or Limited Restaurant Uses as defined in Section 102;
(10) RH Districts do not permit Formula Retail; and
(11) RM Districts do not permit Formula Retail.
(h) Determination of Formula Retail Use. In those areas in which Formula Retail uses are prohibited or subject to the provisions of Subsections 303.1(d) or (e), any application for an entitlement or determination determined by the City to be for a Formula Retail use that does not identify the use as a Formula Retail use is incomplete and cannot be processed until the omission is corrected. Any entitlement approved or determination made that is determined by the City to have been, at the time of application, for a Formula Retail use that did not identify the use as a Formula Retail use is subject to revocation at any time. If the City determines that an entitlement or determination, or an application for the same, is for a Formula Retail use, the applicant or holder of the entitlement bears the burden of proving to the City that the proposed or existing use is not a Formula Retail use.
(i) Performance-Based Design Guidelines. All new, enlarged, intensified or non-intensified Formula Retail uses or establishments must comply with the Commission's adopted Performance-Based Design Guidelines for Formula Retail, as directed by the Planning Department and Planning Commission.
(j) Change of Use. Changes of Formula Retail establishments are generally described below, except that a change of a Formula Retail use that is also a nonconforming use pursuant to Section 182 is prohibited. In all other instances, changes of Formula Retail establishments from one use category to another, including a change from one use to another within the sub-categories of uses set forth in the definition of Retail Sales and Services in Section 102 and in Section 890.102 for Mixed Use Districts, require a new Conditional Use authorization as a new Formula Retail use. Changes of Formula Retail owner or operator within the same use category that are determined to be an enlargement or intensification of use pursuant to subsection 178(c) are required to obtain Conditional Use authorization and shall meet the Commission’s adopted Performance-Based Design Guidelines for Formula Retail. In cases determined not to be an enlargement or intensification of use, the Performance-Based Design Guidelines for Formula Retail may be applied and approved administratively by the Planning Department, unless the applicant requests a Conditional Use hearing at the Planning Commission. The applicant shall also pay an administrative fee to compensate Planning Department and City staff for its time reviewing the project under this subsection (j), as set forth in Section 360 of this Code.
(k) Accessory Uses. Conditional Use authorization shall be required for all Accessory Uses within those use categories subject to Formula Retail controls as defined in this Section 303.1, except for the following:
(1) Single automated teller machines falling within the definition of Limited Financial Services that are located at the street front that meet the Commission's adopted Performance-Based Design Guidelines for automated teller machines;
(2) Automated teller machines located within another use that are not visible from the street;
(3) Vending machines that do not exceed 15 feet of street frontage or occupy more than 200 square feet of area facing a public right of way.
(Added by Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 62-25, File No. 250101, App. 5/1/2025, Eff. 6/1/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
Divisions (c)(18) and (19) added; Ord. 22-15, Eff. 3/22/2015. Division (a)(9) amended; former divisions (c)(1)-(19) merged into division (c) and current division (c) amended; divisions (d) and (e)(4) amended; former divisions (e)(5) and (e)(9) deleted; former divisions (e)(6)-(8) and (e)(10)-(12) redesignated as (e)(5)-(10) and amended; divisions (g), (j), and (k) amended; Ord. 129-17, Eff. 7/30/2017. Division (c) amended; Ord. 229-17, Eff. 1/5/2018. Divisions (c), (f)(4)-(6), (f)(8)-(9), and (j) amended; Ord. 202-18, Eff. 9/10/2018. Division (g) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (e)(13) and (f)(10) added; Ord. 296-18
, Eff. 1/12/2019. Division (c) amended; Ord. 205-19
, Eff. 10/12/2019. Division (e)(13) redesignated as (e)(11); Ord. 63-20, Eff. 5/25/2020. Divisions (e)(10)-(11) amended; former division (f)(6) deleted; former divisions (f)(7)-(10) redesignated as (f)(6)-(9); new divisions (f)(10)-(11) added; Ord. 249-23, Eff. 1/14/2024. Divisions (e)(8) and (f)(10)- (11) amended; Ord. 85-24, Eff. 5/27/2024. Division (e)(9) amended; former division (e)(10) deleted; former division (e)(11) redesignated as (e)(10); Ord. 297-24, Eff. 1/19/2025.. Division (e)(4) amended; Ord. 62-25, Eff. 6/1/2025. Divisions (e)(8)-(10) amended; division (e)(11) added; Ord. 245-25, Eff. 1/12/2026.
SEC. 303.2. PRIORITY PROCESSING FOR CERTAIN USES IN COMMERCIAL SPACE: EXPEDITED CONDITIONAL USE REVIEW AND APPROVAL PROCESS AND REDUCED APPLICATION FEE.
(a) Findings.
(1) In April 2013, the Planning Commission adopted the Small Business Priority Processing Pilot Program. The stated goal of the pilot program was to accelerate the review of certain small business applications without compromising the review times of other applications.
(2) Building on the success of the pilot program, Planning Department staff in consultation with staff from the Office of Small Business proposed expanding the program to additional types of applications. The expanded program was adopted by the Planning Commission in February 2015 and renamed the Community Business Priority Processing Program. As expressed in the Commission’s adoption of Resolution No. 19323, the intent was to support the business community – especially small and mid-sized businesses – and to increase efficiencies in the way the Commission and Department handle related applications.
(3) By enacting this Section 303.2, the Board of Supervisors underscores the importance of small and mid-sized businesses to the economic vitality of San Francisco’s neighborhoods and to the City as a whole, its residents, and visitors. The intent of this Section 303.2 is to expedite the review and hearing process for these vital small and mid-sized businesses without compromising public notice and input or the review times of other applications, and to build upon the success of the Community Business Priority Process Program by expanding the scope of eligible projects and ensuring that all eligible projects are considered accordingly, while preserving critical opportunities for community input and accountability to the legislative branch of government.
(4) Due to the Calle 24 Special Use District’s unique history and special identity, the projects within its boundaries require special consideration in order to retain, enhance, and support its character. It is, therefore, exempted from the priority processing provisions of this Section 303.2.
The City first recognized the area’s unique history and special character in 2014, when in Board of Supervisors Resolution No. 168-14 it established the Calle 24 (“Veinticuatro”) Latino Cultural District. The Resolution memorialized “a place whose richness of culture, history and entrepreneurship is unrivaled in San Francisco.” A 2014 report by San Francisco Architectural Heritage found that many of the long-standing community-serving businesses within the area were at risk of displacement due to San Francisco’s volatile economic climate despite continued value and a record of success.
The special character of the area was further recognized in 2017 when Ordinance No. 85-17 was enacted to establish the Calle 24 Special Use District. In enacting that ordinance, the Board of Supervisors specifically found, among other things, that “[t]he mix of businesses and uses, including Legacy Businesses, murals, festivals and architectural neighborhood design and character in the Calle 24 Special Use District contribute to a strong sense of neighborhood and a unifying identity.” This area continues to require special consideration in order to retain, enhance, and support its unique history and character, including providing economic and workforce opportunities for local residents, supporting the production and offering of local or Latino artwork, and making sure that the area offers a range of goods and services available and accessible to residents, including immigrant and low-income and moderate-income households.
(5) On June 26, 2025 the Planning Commission adopted Resolution No. 21761 to consolidate the Community Business Priority Processing Program with the priority processing program under this Section 303.2. As many of the features of these two programs overlap, consolidating the two programs will promote efficiency and reduce confusion.
(b) Priority Processing for Certain Uses. Applications for Conditional Use authorization that comply with the requirements of subsection (c) are eligible for priority processing and a prorated application fee. Eligibility for priority processing shall not require any application separate from a completed application for Conditional Use authorization. Unless modified by this Section 303.2
the provisions of Section 303 shall apply.
(c) Eligibility for Priority Processing. An application for a Conditional Use authorization qualifies for priority processing (“eligible application”) pursuant to this Section 303.2 if it is seeking to establish, alter, enlarge, or intensify a commercial use on the first story or below, or on the second story where the commercial use would operate on both the first and second stories, in the subject building and if it complies with all of the following requirements:
(1) It pertains exclusively to Non- Residential Uses;
(2) It is limited to changes of use, tenant improvements, or other interior or storefront work and does not involve any new construction or building expansion;
(3) It does not involve the removal of any Dwelling Units or Unauthorized Units;
(4) It does not involve a Formula Retail use, unless the Formula Retail use in question has fewer than 20 other establishments;
(5) It does not propose or require the consolidation of multiple storefronts;
(6) It does not seek to provide off-street parking in a quantity beyond that allowed as of right;
(7) It does not seek to establish or expand any of the following uses:
(A) Adult Entertainment;
(B) Drive-up Facility;
(C) Fringe Financial Service;
(D) Cannabis Retail;
(E) Tobacco Paraphernalia Establishment; or
(F) Wireless Communication Facility;
(d) Expedited Commission Hearing. An eligible application shall be scheduled for a public hearing on the Planning Commission’s calendar within 90 days from the date that the application has been deemed complete, unless the hearing date is extended pursuant to subsection (e). An application is deemed complete when the application and filing fee have been accepted by the Department.
(e) Extension of Commission Hearing Date. The Planning Commission may at any time adopt a one-time extension of not more than 60 days of the hearing date for an eligible application beyond 90 days if any neighborhood organization maintained on a list by the Planning Department pursuant to subsection 311(d)(4) submits a letter of opposition or written request for a continuance at least one day before the hearing.
AMENDMENT HISTORY
Division (c) amended; divisions (c)(7)-(8), (c)(9)(B), (F), and (G) deleted; divisions (c)(9)- (c)(9)(A), (c)(9)(C)-(E), and (c)(9)(H)-(I) redesignated as (c)(7) and (c)(7)(A)-(F); division (c)(10) redesignated as (c)(8); new division (c)(9) added; division (f) deleted; Ord. 249-23, Eff. 1/14/2024. Divisions (a)(2), (b), (c)(2)-(4), (c)(6), (c)(7)(A)-(F), and (d) amended; divisions (e) and (e)(3) amended as (e); former divisions (a)(4), (c)(8)-(9), (e)(1)-(2), and (g) deleted; new divisions (a)(4)-(5) and (c)(8)-(9) added; Ord. 114-25, Eff. 8/17/2025. Division (c)(9) deleted; Ord. 217-25, Eff. 12/15/2025.
CODIFICATION NOTE
SEC. 304. PLANNED UNIT DEVELOPMENTS.
(See Interpretations related to this Section.)
In districts other than C-3, the Eastern Neighborhoods Mixed Use Districts, the DTR Districts, or the North Beach Neighborhood Commercial District, the Planning Commission may authorize as Conditional Uses, in accordance with the provisions of Section 303, Planned Unit Developments subject to the further requirements and procedures of this Section 304. After review of any proposed development, the Planning Commission may authorize such development as submitted or may modify, alter, adjust or amend the plan before authorization, and in authorizing it may prescribe other conditions as provided in Section 303(d). The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this Code only to the extent specified in the authorization.
(a) Objectives. The procedures for Planned Unit Developments are intended for projects on sites of considerable size, developed as integrated units and designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood and the City as a whole. In cases of outstanding overall design, complementary to the design and values of the surrounding area, such a project may merit a well reasoned modification of certain of the provisions contained elsewhere in this Code.
(b) Nature of Site. The tract or parcel of land involved must be either in one ownership, or the subject of an application filed jointly by the owners of all the property included or by the Redevelopment Agency of the City. It must constitute all or part of a Redevelopment Project Area, or if not must include an area of not less than ½ acre, exclusive of streets, alleys and other public property that will remain undeveloped.
(c) Application and Plans. The application must describe the proposed development in detail, and must be accompanied by an overall development plan showing, among other things, the use or uses, dimensions and locations of structures, parking spaces, and areas, if any, to be reserved for streets, open spaces and other public purposes. The application must include such pertinent information as may be necessary to a determination that the objectives of this Section are met, and that the proposed development warrants the modification of provisions otherwise applicable under this Code.
(d) Criteria and Limitations. The proposed development must meet the criteria applicable to conditional uses as stated in Section 303(c) and elsewhere in this Code. In addition, it shall:
(1) Affirmatively promote applicable objectives and policies of the General Plan;
(2) Provide off-street parking appropriate to the occupancy proposed and not exceeding principally-permitted maximum amounts;
(3) Provide open space usable by the occupants and, where appropriate, by the general public, at least equal to the open spaces required by this Code;
(4) Be limited in dwelling unit density to less than the density that would be allowed by Article 2 of this Code for a district permitting a greater density, so that the Planned Unit Development will not be substantially equivalent to a reclassification of property;
(5) In R Districts, include Commercial Uses only to the extent that such uses are necessary to serve residents of the immediate vicinity, subject to the limitations for NC-1 Districts under this Code, and in RTO-1 and RTO-M Districts include Commercial Uses only according to the provisions of Section 231 of this Code;
(6) Under no circumstances be excepted from any height limit established by Article 2.5 of this Code, unless such exception is explicitly authorized by the terms of this Code. In the absence of such an explicit authorization, exceptions from the provisions of this Code with respect to height shall be confined to minor deviations from the provisions for measurement of height in Sections 260 and 261 of this Code, and no such deviation shall depart from the purposes or intent of those sections;
(8) In NC Districts, not violate the use limitations by story set forth in Article 7 of this Code; and
(9) In RTO and NCT Districts, include the extension of adjacent alleys or streets onto or through the site, and/or the creation of new publicly-accessible streets or alleys through the site as appropriate, in order to break down the scale of the site, continue the surrounding existing pattern of block size, streets and alleys, and foster beneficial pedestrian and vehicular circulation.
(10) Provide street trees as per the requirements of Section 138.1 of the Code.
(11) Provide landscaping and permeable surfaces in any required setbacks in accordance with Section 132 (g) and (h).
(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 217-25, File No. 250682, App. 11/14/2025, Eff. 12/15/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
Division (d)(1) amended; Ord. 56-13
, Eff. 4/27/2013. Division (d)(5) amended; Ord. 188-15
, Eff. 12/4/2015. Undesignated introductory paragraph amended; Ord. 129-17, Eff. 7/30/2017. Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory paragraph and division (d)(2) amended; Ord. 311-18, Eff. 1/21/2019. Undesignated introductory paragraph amended; Ord. 63-20, Eff. 5/25/2020. Undesignated introductory paragraph amended; Ord. 217-25, Eff. 12/15/2025. Division (d)(5) amended; Ord. 245-25, Eff. 1/12/2026.
SEC. 304.5. INSTITUTIONAL MASTER PLANS.
(a) Purposes. The principal purposes of the requirements for institutional master plans contained in this Section are:
(1) To provide notice and information to the Planning Commission, community and neighborhood organizations, other public and private agencies and the general public as to the plans of each affected institution at an early stage, and to give an opportunity for early and meaningful involvement of these groups in such plans prior to substantial investment in property acquisition or building design by the institution;
(2) To enable the institution to make modifications to its master plan in response to comments made in public hearings prior to its more detailed planning and prior to any request for authorization by the City of new development proposed in the Master Plan; and
(3) To provide the Planning Commission, community and neighborhood organizations, other public and private agencies, the general public, and other institutions with information that may help guide their decisions with regard to use of, and investment in, land in the vicinity of the institution, provision of public services, and particularly the planning of similar institutions in order to insure that costly duplication of facilities does not occur.
(b) When Required. Each Hospital and each Post-Secondary Educational Institution in the City and County of San Francisco (for the purposes of this Section collectively referred to as "institution(s)"), including Group Housing affiliated with and operated by any such institution shall have on file with the Planning Department a current Institutional Master Plan describing the existing and anticipated future development of that institution as provided in Subsection (c) below. Institutions of less than 50,000 square feet or of less than 100,000 square feet in the C-3 district may submit an Abbreviated Institutional Master Plan as described in Subsection (d) below.
Thereafter, at intervals of two years, each such institution shall file an Update with the Planning Department describing the current status of its Institutional Master Plan. The requirements for an Update are provided in Subsection (f) below.
The Zoning Administrator shall be notified whenever the following occur to determine whether a new Institutional Master Plan or an Update shall be required: there are significant revisions to the information contained in the Institutional Master Plan; or 10 years have passed since the last Institutional Master Plan was submitted and heard by the Planning Commission (as described by Subsection (e) below). Significant revisions may include plans to construct new facilities that were not previously discussed in the Institutional Master Plan, plans to demolish existing facilities that were not discussed in the Institutional Master Plan, closure of an existing unit, opening of a new unit, change in use of an existing unit or inpatient facility, an increase in the institution's size by 10,000 square feet or 25% of total square footage (whichever is less), or significant changes in use of existing facilities that were not discussed in the Institutional Master Plan.
(c) Format and Substance of the Institutional Master Plan. In the case of an institution occupying a site area of 50,000 or more square feet (100,000 or more square feet in the C-3 District), or occupying a site area of less than 50,000 square feet (100,000 or more square feet in the C-3 District) but anticipating future expansion over 50,000 square feet (100,000 or more square feet in the C-3 District), the plan submitted shall be a full Institutional Master Plan and shall at a minimum contain textual and graphic descriptions of:
(1) The nature of the institution, its history of growth, physical changes in the neighborhood which can be identified as having occurred as a result of such growth, the services provided and service population, employment characteristics, the institution's affirmative action program, property owned or leased by the institution throughout the City and County of San Francisco, and any other relevant general information pertaining to the institution and its services;
(2) The present physical plant of the institution, including the location and bulk of buildings, land uses on adjacent properties, traffic circulation patterns, and parking in and around the institution;
(3) The development plans of the institution for a future period of not less than 10 years, and the physical changes in the institution projected to be needed to achieve those plans. Any plans for physical development during the first five years shall include the site area, ground coverage, building bulk, approximate floor area by function, off-street parking, circulation patterns, areas for land acquisition, and timing for the proposed construction. In addition, with respect to plans of any duration, the submission shall contain a description and analysis of each of the following:
(A) The conformity of proposed development plans to the General Plan of the City and County of San Francisco, and to any neighborhood plans on file with the Planning Department,
(B) The anticipated impact of any proposed development by the institution on the surrounding neighborhood, including but not limited to the effect on existing housing units, relocation of housing occupants and commercial and industrial tenants, changes in traffic levels and circulation patterns, transit demand and parking availability, and the character and scale of development in the surrounding neighborhood,
(C) Any alternatives which might avoid, or lessen adverse impacts upon the surrounding neighborhood, including location and configuration alternatives, the alternative of no new development, and the approximate costs and benefits of each alternative,
(D) The mitigating actions proposed by the institution to lessen adverse impacts upon the surrounding neighborhood;
(4) A projection of related services and physical development by others, including but not limited to office space and medical outpatient facilities, which may occur as a result of the implementation of the institution's master plan;
(5) Any other items as may be reasonably required by the Planning Department or Planning Commission.
(d) Format and Substance of the Abbreviated Institutional Master Plan. In the case of an institution presently occupying or proposing to occupy a site area of less than 50,000 square feet or 100,000 square feet in the C-3 District, and placing on file with the Planning Department a statement that the institution does not anticipate any future expansion to more than 50,000 square feet or 100,000 square feet in the C-3 District, an abbreviated institutional master plan may be filed, consisting of a textual description of the institution's physical plant and employment, the institution's affirmative action program, all ownership by the institution of properties throughout the City and County of San Francisco, the services provided and service population, parking availability, and any other relevant general information pertaining to the institution and its services.
(e) Hearing and Acceptance of the Plan. In a case in which a full Institutional Master Plan, or revision to such a plan, has been filed and the submission has been determined by the Planning Department to contain all information in accordance with Subsection (c) above, the Planning Commission shall hold a public hearing on such plan or revisions. The Zoning Administrator shall set the time and place for the hearing within a reasonable period, but in no event shall the hearing date be less than 30 days nor more than 180 days after the plan, or revisions, have been accepted for filing. An Institutional Master Plan shall be considered accepted when the Planning Commission hearing has closed.
In a case in which an abbreviated institutional master plan has been filed in accordance with Subsection (c) above, the Zoning Administrator shall report the filing to the Planning Commission, and the Commission may, at its option, either hold or not hold a public hearing on such plan, as the Commission may deem the public interest to require. In the event a public hearing is to be held on such an abbreviated institutional master plan, the Planning Department or the Commission may require submission of additional information by the institution as deemed necessary for such hearing. An abbreviated Institutional Master Plan shall be considered accepted after the Zoning Administrator reports the filing to the Planning Commission, unless the Planning Commission requests a public hearing, at which case acceptance shall occur when the Planning Commission hearing has closed.
The public hearing conducted by the Planning Commission on any Institutional Master Plan, or revisions thereto, shall be for the receipt of public testimony only, and shall in no way constitute an approval or disapproval of the Institutional Master Plan or revision, or of any facility described therein, by the Planning Commission.
Notice of all hearings provided for herein shall be given in the same manner as prescribed for conditional use applications under Section 306.3 of this Code. The institution may be required to file with its master plan, or revisions thereto, the information and other material needed for the preparation and mailing of notices as specified in that Section.
To facilitate accessibility of the Master Plan to the public, once an institutional master plan or abbreviated institutional master plan is determined by the Planning Department to contain all information in accordance with Subsection (c) above, the institution shall provide the Planning Department with ten (10) print versions of the document in addition to any other format deemed useful and appropriate for easy public accessibility.
Public testimony, as represented in the official minutes of the Planning Commission and written correspondence to the Commission, concerning the content of an Institutional Master Plan and revisions thereto, shall become a part of the Institutional Master Plan file at the Planning Department and shall be available for public review.
(f) Update to the Plan. Every two years or sooner from the date of the most recent approval, the institution must submit an Update to the Planning Department. This Update shall provide a description of all projects that: (1) have been completed since the most recent submission; (2) are ongoing, including a description of the status and estimated timetables for completion of such projects; (3) are scheduled to begin in the upcoming 24 months, including estimated timetables for the commencement, progress, and completion of such projects; and, (4) are no longer being considered by the institution.
The Update will not require a hearing, although the document will be made publicly accessible. Per Subsection (i) below, the Planning Department will not grant any permits to the Institution until the Update is considered complete. The institution shall provide the Planning Department with ten (10) print versions of the Update in addition to any other format that is deemed useful and appropriate for easy public accessibility.
(g) Submission to Department of Public Health. The Planning Department shall submit all institutional master plans and updates filed by medical institutions pursuant to Subsections (b) and (f), above, for any changes to inpatient facilities, including the addition or removal of any licensed or staffed hospital beds and emergency services, and transfer of services, to the Director of the Department of Public Health for review and comment by a qualified health planner retained by contract by the Department of Public Health on the proposed action and its relationship to Citywide healthcare needs. For purposes of this Section, the Department of Public Health contracting process shall include a review of each candidate health planner to ensure there is no potential conflict of interest with regard to the medical institution(s) being reviewed. The Director of Public Health shall prepare a budget to cover actual time and materials expected to be incurred, in consultation with the Planning Department. A sum equal to ½ the expected cost will be submitted by the applicant to the Department of Public Health, prior to the commencement of the review. The remainder of the cost will be due at the time the initial payment is depleted. Each submission shall be made not more than 10 days after the Institutional Master Plan or update has been accepted for filing. Comments are due back to the Planning Department no later than 90 days after the date of submission.
For purposes of this Section, medical institution terms are defined as follows:
(1) Inpatient Facility. The term "Inpatient Facility" includes every entity in San Francisco licensed as a general acute care hospital, as defined by Section 1250(a) of the California Health and Safety Code, other than hospitals exempt from taxation under Section 6.8-1 of the San Francisco Business and Tax Regulations Code.
(2) Licensed Beds. The term "Licensed Beds" includes the number of beds stated on the facility license. It excludes beds placed in suspense and nursery bassinets.
(3) Staffed Beds. The term "Staffed Beds" includes beds that are licensed and physically available for which staff is on hand to attend to the patient who occupies the bed. Staffed beds include those that are occupied and those that are vacant.
(4) Emergency Services. The term "Emergency Services" includes the ambulatory services cost center in a hospital that provides emergency treatment to the ill and injured who require immediate medical or surgical care on an unscheduled basis, including occasional care for conditions which would not be considered emergencies.
(5) Unit. The term "Unit" shall mean a division of area of an inpatient facility that is staffed and equipped to provide a particular kind of care.
(h) Conditional Use Authorizations. In the case of any institution subject to the institutional master plan requirements of this Section, no conditional use or any other entitlement requiring Planning Commission action required for development by the institution under Articles 2, 7 or 8 of this Code shall be authorized by the Planning Commission unless such development shall be as described in the Institutional Master Plan or update, filed with the Planning Department, and heard by the Planning Commission as provided in this Section. Additionally, no hearing shall be held or consent calendar item approved by the Commission on any such application for a new conditional use until three months shall have elapsed after the date on which the public hearing is closed and the Institutional Master Plan, is accepted. The procedures for conditional use applications and other entitlements requiring Planning Commission action shall be those set forth in Section 303 and elsewhere in this Code.
Furthermore, no conditional use authorization or any other entitlement requiring Planning Commission action shall be approved by the Planning Commission for any medical institution until the proposed development has first been approved pursuant to Sections 1513, 1523 and 1604 of Public Law 93-641 or Sections 437 and 438 of the California Health and Safety Code, if such approval is found by the reviewing agencies to be required under those Sections.
(i) Permit Applications. The Planning Department shall not approve any building permit application for any construction pertaining to any development of any institution subject to this Section, with the exception of interior alterations which do not significantly intensify, change or expand the use, occupancy or inpatient services or facilities of the institution as determined by the Zoning Administrator, and are necessary to correct immediate hazards to health or safety, unless that institution has complied with all the applicable requirements of Subsections (b), (c), and (f) above with regard to its filing of an Institutional Master Plan or revisions thereto.
AMENDMENT HISTORY
SEC. 304.6. REVIEW PROCEDURES FOR LARGE NONCONTIGUOUS POST-SECONDARY EDUCATIONAL INSTITUTIONS.
(a) Intent. This Section 304.6 establishes a comprehensive and consolidated public review process through which the Planning Commission shall review proposals involving Post-Secondary Educational Institutions that meet prescribed criteria and would otherwise be subject to multiple approval processes and hearings.
(b) Applicability. This Section 304.6 applies to all properties owned, occupied, or operated, in any capacity, by a Large Noncontiguous Post-Secondary Educational Institution. For purposes of this Section, a Large Noncontiguous Post-Secondary Educational Institution is an organization or entity that, regardless of certification by the Western Association of Schools and Colleges or primary course of study, meets all other requirements for a Post-Secondary Educational Institution, and satisfies all of the following conditions:
(1) is subject to the Institutional Master Plan requirements of Section 304.5 of this Code;
(2) is a for-profit institution; and
(3) owns, occupies, or operates, in any capacity, 10 or more properties that are located in three or more non-overlapping Clusters anywhere in the City. For purposes of this subsection (b)(3), a Cluster is a circular area with a ¼-mile diameter that encompasses one or more properties. Clusters shall be drawn so that the fewest number of Clusters are required to encompass all such properties, without any one Cluster overlapping with any other.
(c) Master Conditional Use Authorization. Any number of individual Conditional Use Authorizations or building permits sought by a Large Noncontiguous Post-Secondary Educational Institution under this Section 304.6 may be sought under a single application for Conditional Use Authorization, also referred to as a “Master Conditional Use Authorization,” and may be acted on in a single action of the Planning Commission, regardless of the number of distinct properties involved. Determination on such Master Conditional Use Authorization shall be made pursuant to the criteria in Section 303(c) of this Code. In considering such Master Conditional Use Authorization, the Commission may consider such exceptions to the Planning Code as may be necessary to implement the Master Conditional Use Authorization.
(d) Master Certificate of Appropriateness. Any number of individual Certificates of Appropriateness may be sought by a Large Noncontiguous Post-Secondary Educational Institution under a single application for a Certificate of Appropriateness, also referred to as a “Master Certificate of Appropriateness,” and acted on by single action of the Historic Preservation Commission, regardless of the number of distinct properties involved. Determination on such Master Certificate of Appropriateness shall be made as set forth in Section 1006.6 of this Code and in other provisions of the Municipal Code, as applicable. Additionally, no application made under this Section 304.6 shall be considered a Minor Alteration under Section 1006.2 of this Code.
(e) Master Permit to Alter. Any number of individual Permits to Alter may be sought by a Large Noncontiguous Post-Secondary Educational Institution under a single application for a Permit to Alter, also referred to as a “Master Permit to Alter,” and acted on by single action of the Historic Preservation Commission, regardless of the number of distinct properties involved. Determination on such Master Permit to Alter shall be made as set forth in Section 1111 of this Code and in other provisions of the Municipal Code, as applicable. Additionally, no application made under this Section 304.6 shall be considered a Minor Alteration under Section 1111.1 of this Code.
(f) No Discretionary Review. No requests for Discretionary Review shall be accepted by the Planning Department or heard by the Planning Commission for any permits or other applications subject to this Section 304.6(c).
(g) Sunset. This Section 304.6 shall remain in effect until the later of: (1) the date on which all work has been completed as required pursuant to the Schedule of Performance (Exhibit E) of the Development Agreement by and among the City and County of San Francisco and the Stephens Institute, dba Academy of Art University and the LLC Parties, and (2) January 1, 2025.
(Added by Ord. 5-20, File No. 191125, App. 1/17/2020, Eff. 2/17/2020)
SEC. 304.7. ADDITIONAL PROVISIONS APPLICABLE TO LARGE NONCONTIGUOUS POST-SECONDARY EDUCATIONAL INSTITUTIONS.
In cases where the City enters into a Development Agreement with a Large Noncontiguous University, all of the following additional provisions apply:
(b) where such Development Agreement authorizes the conversion of no more than one property from an industrial use subject to Section 202.8 of this Code to an Institutional Use, the Conditional Use Authorization requirements and other restrictions of Section 202.8 shall be met by application for a Master Conditional Use Authorization under Section 304.6; and
(c) where such Development Agreement would expand the number of guest rooms subject to the provisions of Chapter 41 of the Administrative Code, the density limitations of Article 2 of this Code shall not apply to the property with the expanded number of guestrooms.
(Added by Ord. 5-20, File No. 191125, App. 1/17/2020, Eff. 2/17/2020)
SEC. 304.8. REVIEW PROCEDURES FOR PROJECTS IN THE 530 SANSOME MIXED-USE TOWER AND FIRE STATION SPECIAL USE DISTRICT.
(a) Intent. This Section 304.8 establishes a comprehensive and consolidated public review process through which the Planning Commission shall review development projects in the 530 Sansome Mixed-Use Tower and Fire Station Special Use District (the SUD).
(b) Applicability. The provisions of this Section 304.8 shall apply to any development project within the SUD regulated by Planning Code Section 249.11.
(c) Conditional Use Authorization. The Planning Commission may approve a conditional use authorization for any mix of proposed uses and authorize any exceptions to the Planning Code reasonably necessary to implement a proposed development project, including exceptions from the standards, procedures, and requirements of Articles 1.2, 1.5, 2, 2.5, 3, 4, and 6 of the Planning Code, except as described in Section 304.8(e).
(d) Approval. The Planning Commission may act on a proposed conditional use authorization in a single action regardless of the number of distinct properties involved or approvals that would otherwise be required under Article 3 of the Planning Code, except as provided in Section 304.8(e). For avoidance of doubt, development projects that obtain a conditional use authorization under this Section 304.8 shall not be required to obtain a separate authorization under Section 309 or Section 303.
(e) Criteria and Limitations. A proposed development project must meet the criteria applicable to conditional uses as stated in Section 303(c)(1) through (4). In addition, the project shall:
(1) On balance, affirmatively promote applicable objectives and policies of the General Plan;
(2) Under no circumstances be excepted from any height limit established by the applicable Height & Bulk District Map. Deviations from the measurement and exemption provisions of Section 260 shall be consistent with the purposes and intent of Section 260, provided there is no limit on deviations from percentage coverage limitations in Section 260(b);
(4) Require a hearing (including, as necessary, a joint hearing before the Planning Commission and Recreation and Park Commission) as necessary to comply with Section 295;
(5) Under no circumstances include a General Advertising Sign;
(6) Except as to any modifications agreed to in a development agreement for the project under Chapter 56 of the Administrative Code, comply with Article 4 of the Planning Code; and
(7) Comply with the provisions of Section 249.11.
(f) Modifications to Conditional Use Authorization. In granting a conditional use authorization under this Section 304.8, the Planning Commission may authorize the Planning Director to approve proposed modifications to the conditional use authorization, including proposed changes of use and exceptions from the Planning Code in accordance with subsection (c), that the Planning Director reasonably determines are within the intended scope of the previously approved conditional use authorization.
(1) For purposes of this Section, “within the intended scope” means that:
(A) The project would continue to meet the criteria and limitations set forth in subsection (e) of this Section 304.8;
(B1
The proposed modifications to the project would not necessitate a change to any condition imposed in the previously granted conditional use authorization;
(C) The proposed modifications would not increase the building envelope of the project by more than 10 percent; and
(D) The project would remain in compliance with the Development Agreement applicable to the project and approved by the Board of Supervisors in the ordinance contained in Board File No. 250698.
(2) Proposed modifications that, in the reasonable determination of the Planning Director, do not meet all of the criteria set forth in subsections (f)(1)(A) through (f)(1)(D) above, shall be promptly scheduled for a public hearing before the Planning Commission for review and approval.
(3) An owner may apply for modifications to the conditional use authorization pursuant to this subsection (f) as to the building or portion of the building such owner owns without the consent of any other owner of any portion of the project so long as the scope of the proposed modifications is limited to the building or portion of the building owned by the applicant.
(Added by Ord. 197-25, File No. 250697, App. 10/27/2025, Eff. 11/27/2025, Oper. 11/27/25)
CODIFICATION NOTE
SEC. 305. VARIANCES.
(See Interpretations related to this Section.)
(a) General. The Zoning Administrator or the Zoning Administrator’s designee shall hear and make determinations regarding applications for variances from the strict application of quantitative standards in this Code. The Zoning Administrator or the Zoning Administrator’s designee shall have power to grant only such variances as may be in harmony with the general purpose and intent of this Code and in accordance with the general and specific rules contained herein, and to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. No variance shall be granted in whole or in part which would have an effect substantially equivalent to a reclassification of property; or which would permit any use, any height or bulk of a building or structure, or any type or size or height of sign not expressly permitted by the provisions of this Code for the district or districts in which the property in question is located; or which would grant a privilege for which a conditional use procedure is provided by this Code; or which would change a definition in this Code; or which would waive, reduce or adjust the inclusionary housing requirements of Sections 415 through 415.9; or which would reduce or waive any portion of the usable open space applicable under certain circumstances in the Eastern Neighborhoods Mixed Use Districts pursuant to Section 135(i) and 135.3(d); or which would waive or reduce the quantity of bicycle parking required by Sections 155.2 through 155.3 where off-street automobile parking is proposed or existing; or which would waive, reduce or adjust the requirements of the TDM Program in Section 169 et seq1
et seq. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. If the relevant Code provisions are later changed so as to be more restrictive before a variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. The procedures for variances shall be as specified in this Section and in Sections 306 through 306.5.
(b) Initiation. A variance action may be initiated by application of the owner, or authorized agent for the owner, of the property for which the variance is sought.
(c) Determination. The Zoning Administrator shall hold a hearing on the application, provided, however, that if the variance requested involves a deviation of less than 10% from the Code requirement, the Zoning Administrator may at the Zoning Administrator’s option either hold or not hold such a hearing. No variance shall be granted in whole or in part unless there exist, and the Zoning Administrator specifies in his or her findings as part of a written decision, facts sufficient to establish:
(1) That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district;
(2) That owing to such exceptional or extraordinary circumstances the literal enforcement of specified provisions of this Code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property;
(3) That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class of district;
(4) That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and
(5) That the granting of such variance will be in harmony with the general purpose and intent of this Code and will not adversely affect the General Plan.
Upon issuing the written decision either granting or denying the variance in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2 of this Code.
(d) Conditions. When considering an application for a variance as provided herein with respect to applications for development of "dwellings" as defined in Chapter 87 of the San Francisco Administrative Code, the Zoning Administrator, or the Board of Appeals on appeal, shall comply with that Chapter which requires, among other things, that the Zoning Administrator and the Board of Appeals not base any decision regarding the development of "dwellings" in which "protected class" members are likely to reside on information which may be discriminatory to any member of a "protected class" (as all such terms are defined in Chapter 87 of the San Francisco Administrative Code). In addition, in granting any variance as provided herein, the Zoning Administrator, or the Board of Appeals on appeal, shall specify the character and extent thereof, and shall also prescribe such conditions as are necessary to secure the objectives of this Code. Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative. The violation of any specification or condition so imposed shall constitute a violation of this Code and may constitute grounds for revocation of the variance. Such conditions may include time limits for exercise of the granted variance; otherwise, any exercise of such variance must commence within a reasonable time.
(Amended by Ord. 234-72, App. 8/18/72; Ord. 378-93, App. 12/2/93; Ord. 305-99, File No. 990496, App. 12/3/99; Ord. 37-02, File No. 001262, App. 4/5/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 183-13
, File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024)
AMENDMENT HISTORY
Division (a) amended; Ord. 75-12
, Eff. 5/23/2012. Division (a) references corrected; Ord. 62-13
, Eff. 5/10/2013. Division (a) amended; Ord. 183-13
, Eff. 9/6/2013. Division (a) amended; Ord. 34-17, Eff. 3/19/2017. Division (c) and undesignated paragraph following (c)(5) amended; Ord. 63-20, Eff. 5/25/2020. Division (a) amended; Ord. 33-24, Eff. 3/23/2024.
CODIFICATION NOTE
SEC. 305.1. REQUESTS FOR REASONABLE MODIFICATION - RESIDENTIAL USES.
(a) Purpose. It is the policy of the City and County of San Francisco to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by reasonably modifying its regulations, policies, practices and procedures for people with disabilities. The City and County of San Francisco also recognizes the importance of sustaining and enhancing our city's neighborhood character. In determining whether a requested modification is reasonable, the City will consider, among other relevant factors, the extent to which the requested modification might fundamentally alter its existing zoning or regulations. The purpose of this Section 305.1 is to establish a process for making and acting upon requests for reasonable modifications to the regulations, policies, practices, and procedures of the Planning Department and Code.
(b) Application.
(1) Requests for reasonable modification can be made for residential uses in any zoning district in the City and County of San Francisco in accordance with the procedures outlined in this Section 305.1.
(2) An applicant may seek a modification through this Section 305.1 for an alteration that is available under other sections of this Code, in which case a modification under this Section shall be in lieu of any approval, permit or entitlement that would otherwise be required. An application under this Section may also seek a modification that is not available under any other sections of the Planning Code.
(c) Procedure.
(1) Request for a Modification. A person with a disability who requests a modification in the application of the Planning Code to ensure having equal access to housing must initiate the request by providing the required information to the Department. The Department shall maintain a form, known as the Reasonable Modification Form, which will detail the process for seeking a modification and identity the information that must be submitted to the Department in connection with the request for modification.
(2) Content of Application. The application shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. In addition to any other information that is required under this Section 305.1, the applicant shall complete the Reasonable Modification Form. The form shall at a minimum include the applicant's contact information and a description of the need for the requested modification including an identifiable relationship, or nexus, between the requested modification and the individual's disability. This information is required for the administrative reasonable modification process and the standard reasonable modification variance procedure.
(3) ADA Accommodation in Making Request. If an individual needs assistance in making the request for a reasonable modification, the individual should notify the Department, which will then endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or applicant's representative.
(d) Administrative Review. To expedite the processing and resolution of reasonable modification requests, any request under Section 305.1 may receive administrative review and approval and does not require public notice under Section 306 of this Code.
(e) Determination.
(1) Zoning Administrator Authority. The Zoning Administrator is authorized to consider and act on requests for reasonable modification. The Zoning Administrator may conditionally approve or deny a request. In considering requests for reasonable modification under this Section 305.1, the Zoning Administrator shall consider the factors in ubsection (e)(2).1
(2) Criteria for Modification. When reviewing a request for reasonable modification, the Zoning Administrator shall consider whether:
(A) the requested modification is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws;
(B) the requested modification will directly enable the individual to access the individual's residence;
(C) the requested modification is necessary to provide the individual with a disability an equal opportunity to use and enjoy a dwelling;
(D) there are alternatives to the requested modification that would provide an equivalent level of benefit;
(E) the requested modification will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined under federal and state fair housing laws.
(F) the requested modification will, under the specific facts of the case, result in a fundamental alteration in the nature of the Planning Code or General Plan, as "fundamental alteration" is defined under federal and state fair housing laws.
(G) the requested modification will, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.
(3) Residential Design Guideline Review. If the proposed project is in a zoning district that requires residential design guideline review, the Department shall complete the design review and make appropriate recommendations, while also accommodating the reasonable modification. Approvals are subject to compliance with all other applicable zoning or building regulations.
(4) Historic Resource Review. If the proposed project would affect a building that is listed in or eligible for listing in a local, state, or federal historic resource register, then the modifications, either through the administrative reasonable modification process or the standard reasonable modification variance procedure, will be reviewed by the Planning Department's Historic Preservation Technical Specialists to ensure conformance with the Secretary of the Interior Standards for the Rehabilitation of Historic Properties.
(5) Written Decision. Upon issuing a written decision either granting or denying the requested modification in whole or in part, the Zoning Administrator shall forthwith transmit a copy thereof to the applicant. The action of the Zoning Administrator shall be final and shall become effective 10 days after the date of the written decision except upon the filing of a valid appeal to the Board of Appeals as provided in Section 308.2.
AMENDMENT HISTORY
CODIFICATION NOTE
1. So in Ord. 248-23.
SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR.
(See Interpretations related to this Section.)
(a) Rules, Regulations and Interpretations. The Zoning Administrator shall, consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code. Such rules and regulations, and any such interpretations that will be of general application in future cases, shall be made a part of the permanent public records of the Planning Department. The Zoning Administrator shall respond to all written requests for determinations regarding the classification of uses and the interpretation and applicability of the provisions of this Code.
(b) Compliance with This Code. The Zoning Administrator shall have authority to take appropriate actions to secure compliance with this Code, through review of permit applications, surveys and record-keeping, enforcement against violations as described in Section 176, and other means.
(c) Inspection of Premises. In the performance of any prescribed duties, the Zoning Administrator and employees of the Planning Department authorized to represent the Zoning Administrator shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction.
(d) Code Maintenance. The Zoning Administrator shall periodically review and study the effectiveness and appropriateness of the provisions of this Code, for the purpose of recommending necessary changes to the Director of Planning and the Planning Commission.
(e) Exercise of Powers and Duties by Others. In cases where absence, incapacity, vacancy of the office, conflict of interest or other sufficient reasons prevent action by the Zoning Administrator, the Director of Planning may designate any officer or employee of the Department to carry out any function of the Zoning Administrator so affected.
(f) Cooperation With Other Departments. The Zoning Administrator shall furnish to the various departments, officers and employees of the City vested with the duty or authority to issue permits or licenses (including but not limited to the Department of Public Works, Department of Public Health, Police Department and Fire Department) such information as will insure the proper administration of this Code and of all the rules, regulations, interpretations and other determinations of the Planning Department relative thereto. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of the Zoning Administrator's duties, and to assist in the enforcement of the provisions of this Code.
(g) Exceptions from Certain Specific Code Standards through Administrative Review in the Chinatown Mixed Use Districts. The Zoning Administrator may allow complete or partial relief from rear yard, open space and wind and shadow standards as authorized in the applicable sections of this Code, when modification of the standard would result in a project better fulfilling the criteria set forth in the applicable section. The procedures and fee for such review shall be the same as those which are applicable to Variances, as set forth in Sections 306.1 through 306.5 and 308.2.
(h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section.
(1) Applicability.
(A) Eastern Neighborhood Mixed Use Districts. For projects not subject to Section 329, relief may be provided for the following requirements: rear yard; non-residential open space; off-street loading requirements; and off-street parking limits up to the maximum quantities described in Section 151.1.
(B) Dwelling Unit Exposure for Historic Buildings. Relief may also be provided for dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts per Article 10 of this Code, any building designated Category I-IV per Article 11 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met: (i) literal enforcement of Section 140 would result in the material impairment of the historic resource; and (ii) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code. This administrative exception does not apply to new additions to historic buildings.
(C) Residential Open Space for Historic Buildings. For a landmark building designated per Article 10 of this Code, a contributing building located within a designated historic district per Article 10, or any building designated Category I-IV per Article 11 of this Code, the provision of off-site publicly accessible open space, meeting the requirements of Section 135(h), may be credited toward the residential usable open space requirement.
(D) Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided that:
(i) the Residential Use, whether Dwelling Units roup1
Housing, or SRO units, are Principally Permitted in the district or districts in which the project is located;
(ii) the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location; and
(iii) the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.
(F)2
Bay Windows. Bay windows that maintain the same massing as those allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the requirements of Section 136, may be provided complete or partial relief with the advice of the Planning Director that said windows otherwise meet all applicable design guidelines.
(2) Procedures. The review of a modification requested under this Section shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations; no additional fee shall be required. Under no circumstances shall such modification provide relief from any fee, including those related to usable open space pursuant to Sections 135(j) and 135.3(d). The provisions of this Subsection (h) shall not preclude such additional conditions as may be deemed necessary by the Zoning Administrator to further the purposes of this Section or other Sections of this Code.
(i) Criteria for the Reduction or Modification of Off-Street Parking Requirements. In approving a reduction or modification of off-street requirements authorized by this Code, the Zoning Administrator or the Planning Commission shall consider and apply the following criteria:
(1) the reduction in the parking requirement is justified by the reasonably anticipated automobile usage by residents of and visitors to the project; and
(2) the reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing in or working in the vicinity; and
(3) the minimization of conflict of vehicular and pedestrian movements; and
(4) the availability of transportation modes other than the automobile; and
(5) the pattern of land use and character of development in the vicinity; and
(6) such other criteria as the Zoning Administrator deems appropriate in the circumstances of the particular case.
(j) Conversion from Student Housing to Non-Student Residential Use. If a residential project no longer qualifies as Student Housing as defined in Planning Code Section 102, the Zoning Administrator may allow the conversion of the Student Housing to any permitted residential use in the zoning district in which the Student Housing is located upon determination that the converted Student Housing has complied with any applicable Inclusionary Affordable Housing Requirements as outlined in Planning Code Section 415.3(c)(5)(C)(iii), and that all other Planning Code requirements applicable to that residential use have been met or modified through appropriate procedures.
(k) Waiver or Modification of Required Bicycle Parking. The Zoning Administrator shall conduct the review of any administrative waiver under Section 307(k) as part of, and incorporate into, a related building permit application or other required project authorization and shall not require an additional fee or application.
(1) Waiver or Modification of Class 1 Bicycle Parking Requirements.
(A) Alternative Locations. The Zoning Administrator may grant approval that Class 1 bicycle parking be located on an offsite lot, under certain circumstances. Uses subject to Section 155.2 may apply for alternative locations approval only when off-street automobile parking does not exist on the subject lot. Existing City-owned buildings subject to 155.3 may apply for alternative locations approval when compliance with subsection 155.3(b) may not be feasible because of demonstrable hardship including when off-street automobile parking does not exist on the subject lot. In acting upon all these cases, the Zoning Administrator shall be guided by the following criteria:
(i) Such alternative facilities shall be well lit and secure.
(ii) The alternative facility bicycle entrance shall be no more than 500 feet from the entrance of the primary building, unless there are no feasible locations within a 500 foot radius that can be provided. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking garage.
(B) Temporary Exemptions. The Zoning Administrator may issue a temporary exemption for bicycle parking subject to Section 155.3 of this Code for one year, under the following circumstances:
(i) For required Class 1 bicycle parking requirements in City-owned and leased buildings, if no feasible alternative parking facility exists nearby that can be approved pursuant to Subsection (k)(1)(A) above, or securing an alternative location would be unduly costly and pose a demonstrable hardship on the Landlord or on the City where the City owns the building. In order to obtain this exemption, the Responsible City Official shall certify to the Zoning Administrator in writing that the Landlord or the City where the City owns the building, will not prohibit Employees from storing a bicycle in a Workspace provided that such bicycles are stored in a way that the Fire Code is not violated and that the normal business of the building is not disrupted. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.
(ii) For required bicycle parking in non-accessory automobile garages or lots with 500 or more spaces. In order to obtain this exemption, the Responsible City Official shall provide to the Zoning Administrator in writing an analysis demonstrating that the demand for bicycle parking in that location is less than the amount required by Section 155.3 of this Code. This exemption may only be provided for any required bicycle parking above fifty Class 2 spaces. The exemptions for these garages may be issued for up to one year. The Responsible City Official shall provide the required bicycle parking within one year of the issuance of such exemption, or shall obtain a new exemption for each year until such bicycle parking is provided.
(2) Temporary Exemptions, Waiver or Modification of Required Class 2 Bicycle Parking. Temporary exemptions for Class 2 bicycle parking shall be granted as allowed in subsection 1(B) above. The Zoning Administrator may administratively waive some or all of the Class 2 bicycle parking requirement in any case when all of findings (A)-(D) are affirmatively met for some or all of the Class 2 requirements:
(A) No off-street auto parking is provided on-site in a garage or lot;
(B) No on-site publicly-accessible open space is provided where it would be appropriate to locate some or all of the required Class 2 bicycle parking as allowed per Section 155.1(b)(2) of this Code;
(C) The provision of on-site Class 2 bicycle parking is not desirable or feasible based on the physical character, pedestrian circulation, historic character or urban design of the building and block;
(D) The San Francisco Municipal Transportation Agency, Department of Public Works, or other relevant agency will not grant approval to install Class 2 bicycle racks in the public right-of-way adjacent to the subject lot sufficient to meet the requirements because the bicycle rack would: (i) interfere with utilities or the general public welfare or (ii) adversely affect the design and configuration of existing or planned streetscape improvements.
(E) In Lieu Fee in Case of Waiver or Variance for Class 2 Parking. For each required Class 2 bicycle parking space that the Zoning Administrator waives as a result of a variance per Section 305 or waives in accordance with subsection (D)(ii) above, the project sponsor shall pay an in lieu bicycle parking fee as provided by Section 430 et seq. of this Code.
(l) Exceptions from Certain Specific Code Standards Through Administrative Review for Accessory Dwelling Units Constructed Pursuant to Section 207.1 of this Code. The Zoning Administrator may allow complete or partial relief from the density limits and from the bicycle parking, rear yard, exposure, and/or open space requirements of this Code when modification of the requirement would facilitate the construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the requirements of Section 207.1 of this Code.
(1) Exposure. The exposure requirements of Section 140 apply, except that subsection (a)(2) may be satisfied through windows facing an open area that is at least 225 square feet, with no horizontal direction being less than nine feet, and that is not required to expand on subsequent floors. Permitted obstructions that are outlined in Section 140 and fire escapes, not projecting more than 4 feet 6 inches, would be allowed in such open area. In considering any request for complete or partial relief from these Code requirements, the Zoning Administrator shall facilitate the construction of such Accessory Dwelling Units to the extent feasible and shall consider any criteria elsewhere in this Section 307 that he or she determines to be applicable. Nothing in this Section shall be interpreted as allowing for an existing nonconforming use to be deemed conforming.
(2) Bicycle Parking. The requirements of Sections 155.1 and 155.2 shall apply, except that (A) in a building with no new corridors, an existing three-foot corridor may satisfy the requirement of a legal nonconforming access corridor for purposes of bicycle parking access in existing buildings and (B) vertical bicycle parking may satisfy up to 100% of required bicycle parking.
(m) The Zoning Administrator may partially wave the exposure requirements of Section 140(b) for group housing so that when a qualifying window faces an open area per subsection 140(a)(2), such open area may be no less than 15 feet in every horizontal direction and may not be required to expand on subsequent floors.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 183-13
, File No. 130528, App. 8/7/2013, Eff. 9/6/2013; Ord. 49-14, File No. 131063, App. 4/17/2014, Eff. 5/17/2014; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15
, File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15
, File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15
, File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 221-16, File No. 160965, App. 11/10/2016, Eff. 12/10/2016, Oper. 1/1/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 43-20, File No. 190454, App. 3/20/2020, Eff. 4/20/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Divisions (a), (c), (d), (f), and (h)(1) amended; division (i) added; Ord. 63-11, Eff. 5/7/2011. Division (j) added; Ord. 188-12
, Eff. 10/11/2012. Undesignated introductory paragraph amended; Ord. 56-13
, Eff. 4/27/2013. Division (k) added; Ord. 183-13
, Eff. 9/6/2013. Division (l) added; Ord. 49-14, Eff. 5/17/2014. Division (h) amended; former division (h)(1) amended and redesignated as new divisions (h)(1)(A) and (B); new divisions (h)(1)(C) and (D) added; Ord. 232-14
, Eff. 12/26/2014. Division (j) amended; Ord. 22-15, Eff. 3/22/2015. Division (l) amended; Ord. 30-15
, Eff. 4/25/2015. Division (l) amended; Ords. 161-15 and 162-15
, Eff. 10/18/2015. Division (m) added; Ord. 164-15
, Eff. 10/23/2015. Undesignated introductory paragraph and division (l) amended; Ord. 162-16
, Eff. 9/3/2016. Division (h)(1)(E) added; Ord. 221-16, Oper. 1/1/2017. Undesignated introductory paragraph and division (g) amended; Ord. 129-17, Eff. 7/30/2017. Division (l) amended and redesignated as divisions (l) and (l)(1); division (l)(2) added; Ord. 195-18, Eff. 9/10/2018. Divisions (g) and (h)(1)(E) amended; Ord. 296-18, Eff. 1/12/2019. Division (l) amended; Ord. 116-19, Eff. 7/29/2019. Divisions (h)(1)(D)-(h)(1)(D)(iii) amended; division (h)(1)(F) added; Ord. 43-20, Eff. 4/20/2020. Second division (h)(1)(F)2 added; Ord. 71-20
, Eff. 6/1/2020. Division (l) amended; Ord. 62-24
, Eff. 4/28/2024.
Editor's Note:
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
Ordinance 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).
CODIFICATION NOTES
2. Ord. 43-20 and Ord. 71-20 each added a new division designated as (h)(1)(F).
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.
(a) Exceptions. Exceptions to the following provisions of this Code may be granted as provided in the code sections referred to below:
(2) Exceptions to the ground-level wind current requirements as permitted in Section 148;
(3) Exceptions to the sunlight to public sidewalk requirement as permitted in Section 146;
(4) Exceptions to the limitation on curb cuts for parking access as permitted in Section 155(r);
(5) Exceptions to the limitations on above-grade residential accessory parking as permitted in Section 155(s);
(6) Exceptions to the freight loading and service vehicle space requirements as permitted in Section 161(e);
(7) Exceptions to the off-street tour bus loading space requirements as permitted in Section 162;
(8) Exceptions to the height limits for buildings taller than 550 feet in height in the S-2 Bulk District for allowance of non-occupied architectural, screening, and rooftop elements that meet the criteria of Section 260(b)(1)(M);
(9) Exceptions to the volumetric limitations for roof enclosures and screens as prescribed in Section 260(b)(1)(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building;
(13) Exceptions to the exposure requirements of Section 140;
(14) Exceptions to the usable open space requirements as permitted in Section 135;
(15) Exceptions to the Micro-Retail requirements as permitted in Section 249.33;
(16) Exceptions to the height and bulk limits for parcels within the Van Ness & Market Residential Special Use District as defined by Section 270(f)(2). In considering such exceptions, the Planning Commission shall consider the extent to which the project achieves the following: (A) sculpts the building massing to achieve an elegant and creative tower form that enhances the skyline; (B) reduces or minimizes potential impacts on winds and shadows; (C) provides ground floor uses that serve a range of income levels and enrich the social landscape of the area such as: Arts Activities, Child Care Facility, Community Facility, Public Facility, School, Social Service, priority health service or neighborhood-serving retail; and (D) maximizes housing density within the allowed envelope;
(17) Exceptions to the percent lot coverage requirements of Section 270.2(e)(6) for projects within the Van Ness & Market Residential Special Use District. The Planning Commission shall only grant such exceptions if the Planning Commission finds that: (A) the proposed mid-block alley and percent coverage do not negatively affect the use and purpose of the alley as a means of creating a more efficient pedestrian network, as described in subsections 270.2(a)-(b); and (B) the proposed percent coverage does not negatively impact the quality of the mid-block alley as an area of pedestrian and retail activity and public open space. An exception shall not be granted for any mid-block alley that is less than 35 percent open to the sky;
(18) Exceptions to the required minimum dwelling unit mix in Section 207.6 for projects within the Van Ness & Market Residential Special Use District. In considering such exceptions, the Planning Commission shall consider the following criteria:
(A) whether the project demonstrates a need or mission to serve unique populations; or
(19) Exceptions to the permitted obstructions requirements in Section 136 for projects within the Van Ness & Market Special Use District as defined by Section 270(f)(2). The Planning Commission shall only grant such an exception if it finds that the proposed obstructions assist the proposed development to meet the requirements of Section 148, or otherwise reduce wind speeds at the ground-level or at upper level open space.
(b) Design Review. In addition to the requirements set forth in this Code, additional design requirements and limitations (hereafter referred to as modifications) may be imposed on the following aspects of a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code:
(1) Building siting, orientation, massing and facade treatment, including proportion, scale, setbacks, materials, cornice, parapet and fenestration treatment, and design of building tops;
(2) Aspects of the project affecting views and view corridors, shadowing of sidewalks and open spaces, openness of the street to the sky, ground-level wind current, and maintenance of predominant streetwalls in the immediate vicinity;
(3) Aspects of the project affecting parking, traffic circulation and transit operation and loading points;
(4) Aspects of the project affecting its energy consumption;
(5) Aspects of the project related to pedestrian activity, such as placement of entrances, street scale, visual richness, location of retail uses, and pedestrian circulation, and location and design of open space features;
(6) Aspects of the project affecting public spaces adjacent to the project, such as the location and type of street trees and landscaping, sidewalk paving material, and the design and location of street furniture as required by Section 138.1;
(7) Aspects of the project relating to quality of the living environment of residential units, including housing unit size and the provisions of open space for residents;
(8) Aspects of the design of the project which have significant adverse environmental consequences;
(10) Other aspects of the project for which modifications are justified because of its unique or unusual location, environment, topography or other circumstances.
(c) Application Process for 309 Review. Review subject to this Section will be triggered by submittal of a Section 309 Application or submittal of a building or site permit.
(d) 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 project includes the construction of a new building greater than 120 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 feet or less resulting in a total building height greater than 120 feet; or
(B) The project would require an exception as provided in Subsection 309(a); provided that the hearing requirements of this Section 309 shall not apply to Commercial to Residential Adaptive Reuse projects seeking exceptions or modifications pursuant to Section 210.5(d).
(2) Notice of Hearing. Notice of such hearing shall be conducted pursuant to the provisions of Section 333 of this Code.
(3) Decision and Appeal. The Planning Commission may, after public hearing and after making appropriate findings, approve, disapprove or approve subject to conditions, the application for an exception. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that Body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.
(4) Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may approve, disapprove or modify the decision appealed from. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.
(e) 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 subject to those conditions, and if the applicant refuses to so agree, the Planning Commission may disapprove the application.
(f) 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.
(g) 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.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 79-87, App. 3/20/87; Ord. 255-88, App. 6/22/88; Ord. 314-95, App. 10/6/95; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 182-12
, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 102-16
, File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)
AMENDMENT HISTORY
Undesignated introductory material and divisions (a)-(i) amended; Ord. 140-11, Eff. 8/4/2011. Division (a)(1) amended; new [now former] divisions (a)(9) and (a)(10) added and former divisions (a)(9)-(a)(11) redesignated as [now former] (a)(11)-(a)(13); division (k) added; Ord. 182-12
, Eff. 9/7/2012. [Former] division (a)(7) and division (b) amended; Ord. 56-13
, Eff. 4/27/2013. Former division (a)(4) deleted and former divisions (a)(5)-(13) redesignated as (a)(4)-(12); [now former] divisions (a)(10) and (11) amended; Ord. 232-14
, Eff. 12/26/2014. Division (a)(6) amended; new division (a)(10) added and former divisions (a)(10)-(12) redesignated as (a)(11)-(13); Ord. 102-16
, Eff. 7/24/2016. Divisions (a)(14)-(15) added; divisions (d), (e)(1), (e)(2), and (e)(4) amended; divisions (e)(1)(A)-(C) added; divisions (f)-(f)(3) deleted and former divisions (g)- (g)(3) redesignated as (f)-(f)(3) and (f)(1)-(2) amended; division (h) deleted; Ord. 179-18, Eff. 8/27/2018. Divisions (a)(16)-(20) added; Ord. 126-20, Eff. 8/31/2020. Division (a)(17) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (a)(6) and (a)(19)(B) amended; Ord. 136-21, Eff. 9/4/2021. Undesignated introductory paragraph amended; divisions (d), (e)(1)(A), and (f)(1)-(3) deleted; divisions (e), (e)(1)(B)-(C), and (i)-(k) redesignated as (d), (d)(1)(A)-(B), and (e)-(g) and amended; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Divisions (a)(1) and (14) amended; Ord. 33-24, Eff. 3/23/2024. Division (a)(8) deleted; former divisions (a)(9)-(20) redesignated as (a)(8)- (19); Ord. 37-25, Eff. 5/4/2025.
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.
(a) Design Review.
(1) In addition to the standard permit review process, the design of projects greater than 50,000 gross square feet or 85 feet in height shall be subject to design review and approval by Department staff. A detailed design review will be initiated by Department staff working with the project sponsor, at the time an application for 309.1 review or building permit is filed, and may take place in advance of filing a building permit application. This comprehensive review shall resolve issues related to the project's design, including the following:
(A) Overall building massing and scale;
(B) Architectural treatments, facade design and building materials;
(C) The design of lower floors, including building setback areas, townhouses, entries and parking and loading access;
(D) On sloping sites, parking provided above ground pursuant to Section 825(b)(5)(A);
(E) The provision of required open space, both on- and off-site;
(F) Streetscape and other public improvements, including tree planting, street furniture, and lighting;
(G) Circulation, including streets, alleys and mid-block pedestrian pathways;
(H) Other changes necessary to bring a project into conformance with the applicable elements and area plans of the General Plan.
(2) If the project sponsor opposes project modifications and conditions recommended by the Director of Planning pursuant to the design review, the Director shall prepare a report of recommended modifications which shall be presented to the Planning Commission for a hearing pursuant to Subsection (e) and which shall be available to the public upon mail notification of said hearing.
(b) Exceptions.
(1) Exceptions to the following provisions of this Code may be granted as provided for below:
(B) Provision for exceeding an accessory residential parking ratio principally permitted and up to the maximum permitted by Table 151.1.
(C) Exceptions to the lot coverage requirements of Section 825(b)(2) for conversions of existing non-residential structures to residential use.
(D) Reductions in the dwelling unit exposure requirements of Section 140.
(F) Reduction of required on-site residential open space of 36 square feet per unit described in Section 827(a)(9) to create additional off-site publicly-accessible open space and superior building design.
(G) Design, location, and size of publicly-accessible open space as allowed by Section 827(a)(9) and equivalence of proposed publicly-accessible open space in size and quality with required on-site open space.
(H) Modifications to the required upper story setback above a height of 45 feet on the north side of mid-block pedestrian pathways as allowed in Section 827(a)(5)(C)(i).
(I) On development lots larger than ½-acre, minor deviations from the provisions for measurement of height in Sections 260 of the Code as otherwise provided in Section 304(d)(6), in cases where the Planning Commission finds that such minor measurement modification is necessary for a project of outstanding overall design, complementary to the design of the surrounding area, and necessary to meet the intent and policies of the relevant area plan of the General Plan.
(c) Hearing and Determination on Design Modifications and Applications for Exceptions.
(1) Hearing. The Planning Commission shall hold a public hearing for all projects proposing construction of a new building greater than 120 feet in height or a vertical addition to an existing building 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 subsection (b).
(2) Notice of Hearing. Notice of such hearing shall be mailed not less than 10 days prior to the date of the hearing to the project applicant, to property owners within 300 feet of the project that is the subject of the application, using for this purpose the names and addresses as shown on the citywide Assessment Roll in the Assessor's Office, and to any person who has requested such notice. Such notice shall also be published at least once in an official newspaper of general circulation at least 10 days prior to the date of the hearing. The notice shall state that the written recommendation of the Director of Planning regarding design modifications to the project and regarding any requests for exceptions is available for public review at the office of the Planning Department.
(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Director of Planning shall review for the Commission key urban design issues related to the project based on the design review pursuant to Subsection (a) and recommend to the Commission modifications to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (b).
(4) Decision and Imposition of Conditions. The Commission may, after public hearing and, after making appropriate findings, approve, disapprove or approve subject to conditions, the project and any applications for exception. In addition to the requirements set forth in this Code, additional requirements, modifications, and limitations may be imposed on a proposed project, through the imposition of conditions, in order to achieve the objectives and policies of the General Plan or the purposes of this Code, including any modifications recommended by the Planning Director arising from design review. If pursuant to the provisions of this Section, the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or an application for exceptions to conform the building to the standards and intent of the Rincon Hill Plan and other elements of the General Plan and the applicant agrees to comply, the Commission may approve the application subject to those conditions.
(5) Appeal. The decision of the Planning Commission on the granting of any exceptions pursuant to Subsection (b) may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.
(6) Decision on Appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations as are placed on the Planning Commission by Charter or by this Code, approve, disapprove or modify the decision appealed from the Planning Commission. If the determination of the Board differs from that of the Commission it shall, in a written decision, specify the error in interpretation or abuse of discretion on the part of the Commission and shall specify in the findings, as part of the written decision, the facts relied upon in arriving at its determination.
(7) Discretionary Review. No requests for discretionary review, other than through the procedures set forth in this Subsection, shall be accepted by the Planning Department or heard by the Planning Commission for permits in a DTR district.
(d) Change of Conditions. Authorization of a change in any condition previously imposed pursuant to this Section shall require an application for a change in conditions, which application shall be subject to the procedures set forth in this Section.
(e) Unbuilt Tower Projects; Progress Requirement and Approval Revocation.
(1) Construction of any development in an "R" bulk district containing a building taller than 110 feet (herein referred to as a "tower project") shall commence within 24 months of the date the tower project is first approved by the Planning Commission or Board of Appeals pursuant to the provisions of this Section. For tower projects that contain more than one tower structure, each tower structure shall be considered as a separate phase of development, with a requirement for commencement of construction for each subsequent tower phase of 18 months beginning after the Certificate of Final Completion and Occupancy is issued on the previous tower phase. Failure to begin construction work within that period, or thereafter to carry the development diligently to completion, shall be grounds for the Planning Commission to revoke approval of the tower project or phase. Neither the Department of Public Works nor the Board of Appeals shall grant any extension of time inconsistent with the requirements of this Subsection (e)(1). For the purposes of this Subsection, "carry the development diligently to completion" shall mean continuous construction work without significant stoppage toward the completion of a tower structure beyond any site clearance, grading, excavation, or demolition of existing buildings on the project site.
(2) The Department of Building Inspection shall notify the Planning Department in writing of its approval for issuance and issuance of a site or building permit for any tower project and of the revocation, cancellation, or expiration of any such permit.
(3) At the first regularly scheduled Planning Commission meeting after the time period described in Subsection (e)(1) or this Subsection (e)(3) has elapsed for any tower project or tower phase, the Planning Commission shall hold a hearing requiring the tower project sponsor to report on the construction progress of the subject tower project or phase. If the Commission finds that the tower project or phase does not meet the progress requirement of Subsection (e)(1), the Commission may revoke or extend, up to a maximum of 12 months for each extension, the approvals for the tower project or phase.
(4) Appeals of Planning Commission decisions pursuant to this Subsection (e) shall be conducted pursuant to the procedures of Subsections (c)(5) and (c)(6).
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 142-09, File No. 090392, App. 7/2/2009; Ord. 176-12
, File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 217-15
, File No. 151063, App. 12/16/2015, Eff. 1/15/2016; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023)
AMENDMENT HISTORY
SEC. 309.2. PERMIT REVIEW IN THE EXECUTIVE PARK SPECIAL USE DISTRICT.
The provisions and procedures set forth in Section 309.1, applicable in Downtown Residential Districts, shall also apply in the Executive Park Special Use District (SUD) to achieve the objectives and policies of the General Plan and the purposes of this Code, including but not limited to Section 249.54 and Section 263.27, except that Section 309.2(a) and (b) shall apply instead of the provisions in Section 309.1(a) and (b), the provisions of Section 309.1(c) are modified as provided in Section 309.2(c) and Section 309.1(e) is inapplicable in the SUD.
(a) Design Review.
(1) In addition to the standard permit review process, the design of projects for all new construction shall be subject to design review and approval by Department staff. A detailed design review will be initiated by Department staff working with the project sponsor, at the time an application for Section 309.2 review or building permit is filed, and may take place in advance of filing a building permit application. This comprehensive review shall resolve issues related to the project's design, including the following:
(A) Overall building massing and scale;
(B) Architectural treatments, façade design and building materials;
(C) The design of lower floors, including building setback areas, townhouse-style units and entries, and parking and loading access;
(D) The provision of required open space, both on- and off-site;
(E) Streetscape and other public improvements, including tree planting, street furniture, and lighting and adherence to all relevant regulations, plans and guidelines;
(F) Circulation, including streets, alleys and mid-block pedestrian pathways.
(3) Other changes necessary to bring a project into conformance with the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan, approved by the Board of Supervisors on July 12, 2011, the Executive Park Design Guidelines, approved by the Planning Commission by Resolution No. 18352 and incorporated by this reference into this Section, and other elements and area plans of the General Plan. If the project sponsor opposes project modifications and conditions recommended by the Director of Planning pursuant to the design review, the Director shall prepare a report of recommended modifications which shall be presented to the Planning Commission for a hearing pursuant to Subsection (c) and which shall be available to the public upon mail notification of said hearing.
(b) Exceptions.
(1) Exceptions to the following provisions of this Code may be granted as provided for below:
(A) Reductions in the dwelling unit exposure requirements of Section 140.
(B) Modification from dimension and exposure requirements for site open space requirements.
(C) Reduction of required on-site residential open space of 36 square feet per unit described in Section 249.54 to create additional off-site publicly-accessible open space and superior building design.
(D) Design, location, and size of publicly-accessible open space as allowed by Section 249.53 and equivalence of proposed publicly-accessible open space in size and quality with required on-site open space.
(E) Minor deviations from the provisions for measurement of height in Section 260 of the Code as otherwise provided in Section 304(d)(6), in cases where the Planning Commission finds that such minor measurement modification is necessary for a project of outstanding overall design, complementary to the design of the surrounding area, and necessary to meet the intent and policies of the relevant area plan of the General Plan.
(c) Hearing and Determination on Design Modifications and Applications for Exceptions. The provisions and procedures in Section 309.1(c) shall apply with the following modifications:
(1) Hearing. The Planning Commission shall hold a public hearing for all projects involving new construction and projects involving the establishment of retail uses of 10,000 gross square feet or more.
(2) Notice of Hearing. Notice of such hearings shall follow all notice and posting provisions for Hearings for Conditional Use authorizations for properties within NC Districts.
(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Director of Planning shall review for the Commission key urban design issues related to the project based on the design review pursuant to Subsection (a) and recommend to the Commission modifications to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (b).
(4) Decision and Imposition of Conditions. If pursuant to the provisions of Section 309.1(c), the Planning Commission determines that conditions should be imposed on the approval of a building or site permit application or an application for exceptions to conform the building to the standards and intent of the Executive Park Subarea Plan and other elements of the General Plan and the applicant agrees to comply, the Commission may approve the application subject to those conditions.
AMENDMENT HISTORY
SEC. 310. ZONING PROCEDURES NOT TO APPLY TO ARTICLE 10.
Notwithstanding any other provision of this Code, the procedures set forth in this Article 3 (Sections 301 through 309 of this Code) shall not apply to Article 10, Preservation of Historical, Architectural and Aesthetic Landmarks; the procedures applicable to Article 10 are included therein.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
SEC. 311. PERMIT REVIEW PROCEDURES.
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 311
is to establish procedures for reviewing Development Applications to determine compatibility of the proposal with the neighborhood and for providing notice to property owners, tenants, and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. For purposes of this Section 311
, a Development Application means the application submitted by a project sponsor to the Planning Department, provided said application has been deemed complete by the Planning Department, that includes the information necessary to conduct environmental review, determine Planning Code compliance, and assess conformity with the General Plan.
(b) Applicability.
(1) Within the Priority Equity Geographies SUD, all Development Applications in Residential, NC, NCT, RTO, Chinatown Mixed Use Districts, and Eastern Neighborhoods Mixed Use Districts for demolition, new construction, or alteration of buildings shall be subject to the notification and review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, Development Applications to construct an Accessory Dwelling Unit pursuant to Section 207.2 shall not be subject to the notification or review requirements of this Section 311. A change of use to a principally permitted use in the Western SoMa Plan Area, Central SoMa Plan Area, or East SoMa Plan Area shall not be subject to the provisions of this Section 311.
(2) Within the Family Housing Opportunity Special Use District. In RH zoning districts within the Family Housing Opportunity SUD, projects that do not meet the eligibility criteria in subsection (c) of Section 249.94 are subject to the controls in subsection (b)(3).
(3) In all Other Projects in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts. All Development Applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts that propose any of the following shall be subject to the notification and review procedures required by this Section 311.
(A) Any vertical alteration, unless at least one new unit is being added.
(B) Any alteration to a building containing only one Dwelling Unit that both increases the GFA of the existing building by at least 25%, and results in the building having GFA greater than 3,000 square feet.
(C) Any demolition or new construction that does not result in the addition of at least one new unit.
(c) Development Application Review for Compliance. Upon acceptance of any Development Application subject to this Section 311, the Planning Department shall review the proposed project for compliance with the Planning Code and any applicable design guidelines, and standards approved by the Planning Commission. Applications determined to be in compliance with the Objective Standards of Articles 1.2, 1.5, 2, and 2.5 of the Planning Code, and any applicable Objective Standards adopted by the Commission shall be considered to be code-compliant. Development Applications for projects other than code-compliant residential projects may be subject to additional controls, including the Residential Design Guidelines, design guidelines for specific areas adopted by the Planning Commission, or any applicable conditions of previous approvals regarding the project.
(1) Design Guidelines and Standards. The construction of new buildings and alteration of existing buildings shall be consistent with the design policies and guidelines of the General Plan, applicable Objective Standards, the “Residential Design Guidelines,” and all other applicable design guidelines and standards as adopted and periodically amended for specific areas or conditions by the Planning Commission. The Planning Director may require modifications to the exterior of a proposed new building or proposed alteration of an existing building in order to bring it into conformity with the applicable design guidelines. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping.
(2) Removal of Residential Units. When removal or elimination of an authorized or unauthorized residential unit is proposed, the Applicant shall provide notice as required in this Section 311, and shall include contact information for the appropriate City agency or resource for assistance in securing tenant counseling or legal services, as applicable. The Applicant shall post a notice of the application at least 30 inches by 30 inches in a conspicuous common area of the subject property, and such sign shall be posted no later than the start date of the notification period required by this Section 311 and shall remain posted until the conclusion of any hearings on the permit before the Planning Commission, the Zon- ing Administrator, the Board of Supervisors or the Board of Appeals. The Zoning Administrator shall determine any additional notification procedures to be applied in such a case.
(3) Replacement Structure Required. Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code, an application authorizing demolition of an historic or architecturally important building or of a dwelling shall be conditioned upon the City granting final approval of a building permit for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed.
(A) The demolition of any building, including but not limited to historically and archi- tecturally important buildings, may be approved administratively when the Director of the Department of Building Inspection, the Chief of the Bureau of Fire Prevention and Investigation, or the Director of Public Works determines, after consultation with the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public safety.
(d) Notification. Upon determination that an application complies with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. The notice shall describe the project review process and shall set forth the mailing date of the notice and the expiration date of the notification period.
(1) Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as described in subsection 311(d)(4), all individuals having made a written request for notification for a specific parcel or parcels and all owners and, to the extent practical, occupants, of properties in the notifica- tion area. For the purposes of Section 311(c)(2), written notice shall also be mailed to tenants of the subject property in unauthorized residential units.
(2) The notification area shall be all properties within 150 feet of the subject lot in the same Assessor’s Block and on the block face across from the subject lot. When the subject lot is a corner lot, the notification area shall further include all property on both block faces across from the subject lot, and the corner property diagonally across the street.
(3) The latest City-wide Assessor’s roll for names and addresses of owners shall be used for said notice.
(4) The Planning Department shall maintain a list, available for public review, of neighborhood organizations that have indicated in writing an interest in specific properties or areas. Such organizations shall be included in the notification group for the proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection, the proposed project must be re-noticed.
(5) Notification Period. All Development Applications shall be held for a period of 30 calendar days from the date of the mailed notice to allow review by residents and owners of neighboring properties and by neighborhood groups.
(6) Elimination of Duplicate Notice. The notice provisions of this Section 311 may be waived by the Zoning Administrator for Development Applications for projects that have been, or before approval will be, the subject of a duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the Development Application is required is both substantially included in the hearing notice and is the subject of the hearing.
(7) Notification Package. The notification package for a project subject to notice under this Section 311 shall include a written notice and reduced-size drawings of the project. Distributed plans and drawings may be limited to comply with applicable state laws.
(A) The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard depth, side setbacks, building height, num- ber of stories, dwelling unit count and use of the building.
(B) The written notice shall describe whether the project is a demolition, new construction or alteration project. If the project is an alteration, the type of alteration shall be described: horizontal, vertical or both horizontal and vertical additions and where the alteration is located.
(C) Written project description shall be part of the notice. In addition, the notice shall describe the project review process, information on how to obtain additional information and the contact information of the Planning Department.
(D) The Development Application number(s) shall be disclosed in the written notice. The start and expiration dates of the notice shall be stated. A description about the recipient’s rights to request additional information, to request Discretionary Review by the Planning Commission and to appeal to other boards or commissions shall be provided.
(E) 11x17 sized or equivalent draw- ings to scale shall be included with the Section 311 written notice. The drawings shall illustrate the existing and proposed conditions in relationship to the adjacent properties. All dimensions and text throughout the drawings shall be legible. The drawings shall include a site plan, floor plans and elevations documenting dimensional changes that correspond to the basic features included in the written notice.
(F) The existing and proposed site plan shall illustrate the project including the full lots and structures of the directly adjacent properties.
(G) The existing and proposed floor plans shall illustrate the location and removal of interior and exterior walls. The use of each room shall be labeled. Significant dimensions shall be provided to document the change proposed by the project.
(H) The existing and proposed elevations shall document the change in building volume: height and depth. Dimensional changes shall be documented, including overall building height and also parapets, penthouses and other proposed vertical and horizontal building extensions. The front and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures’ doors, windows and general massing. Each side elevation shall include the full profile of the adjacent building in the foreground of the project, and the adjacent windows, lightwells and general massing shall be illustrated.
(8) Language Access.
(A) All forms of public notice provided pursuant to this Section 311 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
(B) The notices required by this Section 311 shall contain the information set forth in Section 311(d)(7)(A)-(D) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.
(9) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:
(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the contents set forth in subsection 311(d)(7) for the hearing or application; and
(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.
(e) Requests for Planning Commission Review. A request for the Planning Commission to exercise its discretionary review powers over a specific Development Application shall be considered by the Planning Commission if received by the Planning Department no later than 5:00 p.m. of the last day of the notification period as described in this Section 311, subject to guidelines adopted by the Planning Commission. The project sponsor of a Development Application may request discretionary review by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with the Residential Design Guidelines, or other applicable design guideline or standard.
(1) Scheduling of Hearing. The Zoning Administrator shall set a time for hearing re- quests for discretionary review by the Planning Commission within a reasonable period.
(2) Notice. Mailed notice of the discretionary review hearing by the Planning Commis- sion shall be given pursuant to the requirements of Section 333 of this Code.
(Added by Ord. 46-96, App. 2/2/96; amended by Ord. 279-00, File No. 001423, App. 12/15/2000; Ord. 234-05, File No. 050456, App. 9/30/2005; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 43-14
, File No. 131148, App. 4/17/2014, Eff. 5/17/2014; Ord. 208-15
, File No. 150587, App. 12/9/2015, Eff. 1/8/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 199-18, File No. 180482, App. 8/10/2018, Eff. 9/10/2018, Oper. 1/1/2019; Ord. 312-18, File No. 181031, App. 12/21/2018, Eff. 1/21/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 206-19, File No. 190048, App. 9/13/2019, Eff. 10/14/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 71-20, File No. 191285, App. 5/1/2020, Eff. 6/1/2020; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 234-21, File No. 210452, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 53-24, File No. 231258, App. 3/22/2024, Eff. 4/22/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
Divisions (c)(1), (c)(2), and (c)(5) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and (b)(2) amended; Ord. 43-14
, Eff. 5/17/2014. Divisions (a), (b), and (c)(2) amended; division (g) added; Ord. 208-15
, Eff. 1/8/2016. Division (f) amended; Ord. 166-16
, Eff. 9/10/2016. Divisions (b)(1) and (b)(2) amended; Ord. 189-17, Eff. 10/15/2017. Divisions (a), (b), (c), and (c)(1) amended; divisions (b)(1)-(b)(1)(B), (b)(3), (c)(2)- (c)(3)(A), and (d)(8)-(d)(9)(B) added; divisions (b)(1), (c)(2)-(c)(5)(H), and (d)-(d)(2) redesignated as (b)(2), (d)-(d)(7)(H), and (e)-(e)(2), respectively; former divisions (b)(2) and (e)-(g)(4) deleted; Ord. 179-18, Oper. 1/1/2019. Divisions (b)(1)(A)(i)-(ii) added; Ord. 199-18, Oper. 1/1/2019. Divisions (b)(1)(A)-(b)(1)(A)(ii) amended; Ord. 312-18, Eff. 1/21/2019. Divisions (a) and (b) amended; Ord. 116-19, Eff. 7/29/2019. Division (b) amended; Ord. 206-19, Eff. 10/14/2019. Divisions (b), (b)(1)(B), and (d)(7)(A) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (b) and (b)(1) amended; division (b)(1)(A)(iii) added; Ord. 71-20, Eff. 6/1/2020. Divisions (b) and (b)(1)(A) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Division (b)(1)(A)(ii) amended; Ord. 136-21, Eff. 9/4/2021. Divisions (b)(1) and (b)(1)(A) amended; Ord. 233-21, Eff. 1/22/2022. Divisions (b) and (b)(1) amended; Ord. 234-21, Eff. 1/22/2022. Divisions (b)(1) and (b)(1)(A) amended; Ord. 37-22, Eff. 4/14/2022. Division (b) amended; Ord. 190-22, Eff. 10/17/2022. Division (b)(1)(C) added; Ord. 70-23, Eff. 6/3/2023. Divisions (b)(1)-(b)(1)(B) and (b)(3) deleted; former divisions (b) and (b)(2) redesignated and amended as (b)-(b)(1) and (b)(4); new divisions (b)(2)-(b)(3)(C) added; Ord. 248-23, Eff. 1/14/2024. Division (b)(1)(C) redesignated as (b)(1)(B); Ord. 249-23, Eff. 1/14/2024. Divisions (a), (b)(1), (b)(3), (b)(3)(B), (c), (c)(3), (d)(5)-(6), (d)(7)(D), and (e) amended; Ord. 53-24, Eff. 4/22/2024. Division (b)(1) amended; Ord. 62-24, Eff. 4/28/2024. Divisions (b)(1)-(b)(1)(B) combined as (b)(1); divisions (d) and (d)(7) amended; Ord. 297-24, Eff. 1/19/2025. Divisions (a), (b)(1), (b)(3), (c), (c)(1), (d), (d)(5)-(6), (d)(7)(D), and (e) amended; Ord. 245-25, Eff. 1/12/2026.
Editor’s Note:
SEC. 312. [REPEALED.]
(See Interpretations related to this Section.)
(Added by Ord. 279-00, File No. 001423, App. 12/15/2000; amended by Ord. 209-03, File No. 030351, App. 6/6/2003; Ord. 258-04, File No. 040365, App. 10/28/2004; Ord. 215-07, File No. 070213, App. 9/21/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 245-08, File No. 080696; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 208-15
, File No. 150587, App. 12/9/2015, Eff. 1/8/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
SEC. 315. STREAMLINED AUTHORIZATION OF AFFORDABLE HOUSING AND EDUCATOR HOUSING PROJECTS.
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 315 is to ensure that any project where the principal use is affordable housing, defined in subsection (b) as an Affordable Housing Project, is reviewed in coordination with relevant priority processing and design guidelines.
(b) Applicability. Notwithstanding anything to the contrary contained in this Planning Code, this Section 315 shall apply to any project where the principal use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093 (an “Affordable Housing Project”). The Affordable Housing Project shall be considered a principally permitted use and shall comply with the administrative review procedures set forth in this Section and shall not require conditional use authorization or a Planning Commission hearing that otherwise may be required by the Planning Code, provided that the site is not under the jurisdiction of the Recreation and Park Department, is not located in a zoning district that prohibits residential uses.
(1) If a conditional use authorization or other Planning Commission approval is required for provision of parking, where the amount of parking provided exceeds the base amount permitted as accessory in Planning Code Article 1.5, such requirement shall apply.
(2) If an Affordable Housing Project proposes demolition or change in use of a general grocery store or movie theatre, this Section shall not apply.
(3) If a non-residential use contained in any proposed project would require conditional use authorization, such requirement shall apply unless the non-residential use is accessory to and supportive of the affordable housing on-site.
(c) Review Process.
(1) In lieu of any otherwise required Planning Commission authorization and associated hearing, the Planning Department shall administratively review and evaluate the physical aspects of an Affordable Housing Project and review such projects in coordination with relevant priority processing and expedited design guidelines. The review of an Affordable Housing Project shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations, and no additional application fee shall be required. An Affordable Housing Project may seek exceptions to Planning Code requirements that are available through the Planning Code. This includes, but is not limited to, those exceptions permitted through Sections 253, 303, 304, 309, and 329. The Planning Department may grant such exceptions if it makes the findings as required in subsection (c)(2). An Affordable Housing Project may seek exceptions from other Code requirements that could otherwise be granted to a Planned Unit Development as set forth in Section 304, irrespective of the zoning district in which the property is located and irrespective of lot size requirements set forth in Section 304, and provided further that conditional use authorization shall not be required.
(2) This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by the Planning Code, including but not limited to Sections 253, 303, 304, 309
or 329, but shall not be considered a conditional use authorization. If an Affordable Housing Project would otherwise be subject to such Planning Code provisions, the Planning Department shall consider all the criteria set forth in such Planning Code sections and shall make all required findings in writing when it approves, modifies, conditions, or disapproves an Affordable Housing Project. If the project is seeking exceptions solely as provided in this Section 315, the Department shall only make those required findings set forth in Section 303(c) of this Code.
(3) Decision and Imposition of Conditions. The Planning Department, after making appropriate findings, may approve, disapprove or approve subject to conditions the Affordable Housing Project and any associated requests for exceptions as part of a related building permit application or other required project authorizations. As part of its review and decision, the Planning Department may impose additional conditions, requirements, modifications, and limitations on a proposed Affordable Housing Project in order to achieve the objectives, policies, and intent of the General Plan or the Planning Code. Such determination shall be made in writing and mailed to the project sponsor and individuals or organizations who so request.
(4) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Department shall require approval by the Planning Director subject to the procedures set forth in this Section 315.
(5) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of an Affordable Housing Project that is subject to this Section 315.
(6) Review under this subsection (c) shall be completed as follows:
(A) Within 90 day1
of submittal of a complete development application if the project contains 150 or fewer Residential Units.
(B) Within 180 days of submittal of a complete development application if the project contains more than 150 Residential Units.
(d) Appeals. The Planning Department’s administrative determination regarding an Affordable Housing Project pursuant to this Section 315 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.
(e) Streamlined Provisions for Educator Housing Projects. The purpose of this Section 315(e) is to facilitate the construction of Educator Housing Projects, as defined in Section 206.9, and to evaluate the efficacy of streamlined approval for such projects.
(2) The Planning Department may approve up to a total of 500 units of Educator Housing under this Section, after which the Planning Department shall submit a report to the Board of Supervisors that evaluates the efficacy of streamlined approval for Educator Housing as it relates to City policies and goals including, but not limited to Proposition K (November 2014), the Housing Element of the San Francisco General Plan, and the Surplus Land Ordinance, and reviews whether to increase the numerical cap on the number of Educator Housing Project units or otherwise amend the modifications and requirements in Section 206.9. The report shall include, but shall not be limited to, the following information:
(A) Financing details of Educator Housing Projects, including the amount of public subsidy, if any;
(B) Tenant recruitment and leasing outreach plans for non-residential neighborhood-serving uses;
(C) Eligibility and placement plans for Educator Housing Projects constructed in partnership with the San Francisco Unified School District or the San Francisco City College District;
(D) The number of educators/employees who have applied for housing in an Educator Housing Project;
(E) Area Median Incomes for Educator Housing Projects; and
(F) Plans for monitoring and verifying eligibility on an annual basis.
(Added by Ord. 7-16
, File No. 150914, App. 2/10/2016, Eff. 3/11/2016; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Proposition E, 11/5/2019, Eff. 12/20/2019)
(Former Sec. 315 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
AMENDMENT HISTORY
Divisions (c)(1)-(3) and (c)(5) amended; division (d) added; Ord. 179-18, Eff. 8/27/2018. Section heading amended; divisions (b) and (c)(1) amended; divisions (c)(6)-(c)(6)(B) and (e)-(e)(2)(F) added; Proposition E, Eff. 12/20/2019.
CODIFICATION NOTE
SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION.
(a) Findings. San Francisco faces a continuing shortage of affordable housing. There is a high ratio of rental to ownership tenure among the City’s residents. The General Plan recognizes that existing housing is the greatest stock of rental and financially accessible residential units, and is a resource in need of protection. Therefore, a public hearing will be held prior to approval of any permit that would remove existing housing, reduce the size of a Residential Flat, merge any portion of a Residential Flat with another unit, or change the configuration of a Residential Flat such that the unit is no longer considered a Residential Flat, with certain exceptions, as described below. The Planning Commission shall develop a Code Implementation Document setting forth procedures and regulations for the implementation of this Section 317 as provided further below. The Zoning Administrator shall modify economic criteria related to property values and construction costs in the Implementation Document as warranted by changing economic conditions to meet the intent of this Section.
(1) "Residential Conversion" shall mean the removal of cooking facilities, change of occupancy (as defined and regulated by the Building Code), or change of use (as defined and regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a Non-Residential or Student Housing use.
(2) "Residential Demolition" shall mean any of the following:
(A) Any work on a Residential Building for which the Department of Building Inspection determines that an application for a demolition permit is required, or
(B) A major alteration of a Residential Building that proposes the Removal of more than 50% of the sum of the Front Facade and Rear Facade and also proposes the Removal of more than 65% of the sum of all exterior walls, measured in lineal feet at the foundation level, or
(C) A major alteration of a Residential Building that proposes the Removal of more than 50% of the Vertical Envelope Elements and more than 50% of the Horizontal Elements of the existing building, as measured in square feet of actual surface area.
(D) The Planning Commission may reduce the above numerical elements of the criteria in Subsections (b)(2)(B) and (b)(2)(C), by up to 20% of their values should it deem that adjustment is necessary to implement the intent of this Section 317, to conserve existing sound housing and preserve affordable housing.
(3) "Façade" is defined in Section 102 of this Code.
(4) "Front Façade" is defined in Section 102 of this Code.
(5) "Horizontal Elements" shall mean all roof areas and all floor plates, except floor plates at or below grade.
(6) "Mandatory Discretionary Review" is defined in Section 102 of this Code.
(7) “Residential Merger” shall mean the combining of two or more Residential or Unauthorized Units, resulting in a decrease in the number of Residential Units and Unauthorized Units within a building, or the enlargement of one or more existing units while reducing the size of others by more than 25% of their original floor area, even if the number of units is not reduced. The Planning Commission may reduce the numerical element of this criterion by up to 20% of its value should it deem that adjustment is necessary to implement the intent of this Section 317, to conserve existing housing and preserve affordable housing. Residential Merger shall also include the reconfiguration of a Residential Flat with another Dwelling Unit, if the proposed project would reconfigure an existing Residential Flat such that the reconfigured Residential Flat would no longer meet the definition of a Residential Flat, even if the number of Dwelling Units is not reduced and the Residential Flat is not reduced in size.
(8) "Rear Façade" is defined in Section 102 of this Code.
(9) "Removal" shall mean, with reference to a wall, roof or floor structure, its dismantling, its relocation or its alteration of the exterior function by construction of a new building element exterior to it. Where a portion of an exterior wall is removed, any remaining wall with a height less than the Building Code requirement for legal head room shall be considered demolished. Where exterior elements of a building are removed and replaced for repair or maintenance, in like materials, with no increase in the extent of the element or volume of the building, such replacement shall not be considered Removal for the purposes of this Section. The foregoing does not supersede any requirements for or restrictions on noncomplying structures and their reconstruction as governed by Article 1.7 of this Code.
(10) "Removal" shall mean, with reference to a Residential or Unauthorized Unit, its Conversion, Demolition, or Merger.
(11) "Residential Building" is defined in Section 102 of this Code.
(12) "Residential Unit" shall mean a legal conforming or legal nonconforming Dwelling Unit, a legal nonconforming Live/Work Unit or Group Housing.
(13) "Unauthorized Unit" shall mean one or more rooms within a building that have been used, without the benefit of a building permit, as a separate and distinct living or sleeping space independent from Residential Units on the same property. "Independent" shall mean that (i) the space has independent access that does not require entering a Residential Unit on the property and (ii) there is no open, visual connection to a Residential Unit on the property.
(14) "Vertical Envelope Elements" shall mean all exterior walls that provide weather and thermal barriers between the interior and exterior of the building, or that provide structural support to other elements of the building envelope.
(c) Applicability; Exemptions.
(1) Within the Priority Equity Geographies Special Use District, any application for a permit that would result in the Removal of one or more Residential Units or Unauthorized Units is required to obtain Conditional Use authorization.
(2) Outside the Priority Equity Geographies Special Use District, any application for a permit that would result in the Removal of one or more Residential Units or Unauthorized Units is required to obtain Conditional Use authorization unless it meets all the following criteria:
(A) The units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within the last five years, and have not been vacated within the past five years pursuant to a Buyout Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9(E)(h);1
(B) No units would be removed or demolished that are:
(i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower- or very low-income within the past five years; or
(ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past five years; or
(iii) rented by lower- or very low-income households within the past five years;
(C) The building proposed for demolition is not an Historic Building as defined in Section 102, and further provided that if the building proposed for demolition was built before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102;
(D) The proposed project is adding at least one more Residential Unit than would be demolished;
(E) The proposed project complies with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to replace all protected units, and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein;
(F) The project sponsor certifies under penalty of perjury that any units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within last five years, and have not been vacated within the past five years pursuant to a Buyout Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9E(h); and
(G) The project sponsor has conducted one meeting prior to or within 20 days of filing a development application. Following submission of a development application, the Planning Department shall not determine a development application to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c)(2)(G) and any additional procedures the Planning Department may establish. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C), as well as posted notice as set forth in Planning Code Section 333(e)(1).
(4) For Unauthorized Units, this Conditional Use authorization will not be required for Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized under any applicable provision of this Code. The application for a replacement building or alteration permit shall also be subject to Conditional Use requirements.
(5) The Conditional Use requirement of subsubsections1
(c)(1) and (c)(2) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after March 1, 2016, and (B) any permit issued for Removal of an Unauthorized Unit prior to March 1, 2016 that has been suspended by the City or in which the applicant’s rights have not vested.
(6) The Removal of a Residential Unit that has received approval from the Planning Department through administrative approval or the Planning Commission through a Discretionary Review or Conditional Use authorization prior to the effective date of the Conditional Use requirement of subsections (c)(1) or (c)(2) is not required to apply for an additional approval under this Section 317.
(7) Exemptions for Unauthorized Dwelling Units. The Removal of an Unauthorized Unit does not require a Conditional Use authorization pursuant to subsections (c)(1) or (c)(2) if:
(A) the Unauthorized Unit requires a waiver of open space or dwelling unit exposure requirements, and the Unauthorized Unit is ineligible for a waiver or exemption from those standards pursuant to Section 307, Section 207.1 (Accessory Dwelling Units - Local Program), Section 207.2 (Accessory Dwelling Units - State Mandated Program), or Section 207.3 (Dwelling Unit Legalization Program); or
(B) the Unauthorized Unit has no contiguous area that meets both the required minimum superficial floor area in Housing Code Section 503(b) and the minimum legal floor-to-ceiling height requirement in Housing Code Section 503(a).
(9) Exception for Certain Permits Filed Before February 11, 2020. An application to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1(D) District that is demonstrably not affordable or financially accessible housing, meaning housing that has a value greater than 80% than the combined land and structure values of single-family homes in San Francisco as determined by a credible appraisal made within six months of the application to demolish, is exempt from the Conditional Use authorization requirement of subsections (c)(1) or (c)(2), provided that a complete Development Application was submitted prior to February 11, 2020.
(10) Exception for Certain Unauthorized Units with No Tenant Occupant for 10 Years. The Conditional Use requirement of subsections (c)(1) and (c)(2) shall not apply to an application for a permit that would result in the Removal of an Unauthorized Unit in a one-family dwelling where all of the conditions in subsection (c)(10)(A) are met. To establish eligibility, the owner shall furnish a declaration under penalty of perjury on a form prescribed by the Department, attesting to compliance with all of the conditions in subsection (c)(10)(A).
(A) Eligibility. The one-family dwelling shall meet all the following criteria:
(i) the owner currently resides in the primary dwelling unit;
(ii) the Unauthorized Unit has not been rented for consideration in the last 10 years. For the purposes of this subsection (c)(10)(A)(ii), “rented for consideration” shall not include any use or tenancy of the Unauthorized Unit by a blood, adoptive, or step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered domestic partner of such relations, or by a property owner’s spouse or registered domestic partner;
(iii) the owner intends to reside in the one-family dwelling for at least three years after the Removal of the Unauthorized Unit is approved; and
(iv) the owner enters into a regulatory agreement with the City subjecting the one-family dwelling to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) pursuant to subsection (c)(10)(B).
(B) Regulatory Agreement. Sponsors of projects utilizing the Conditional Use Authorization exception in subsection (c)(10) of this Section 317 shall enter into a regulatory agreement with the City subjecting the one-family dwelling to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37
of the Administrative Code), as amended from time to time, as a condition of approval of the permit to remove the Unauthorized Unit (“Regulatory Agreement”). The property owner and the Planning Director, or the Director’s designee, on behalf of the City, shall execute the Regulatory Agreement, which is subject to review and approval by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the permit to remove the Unauthorized Unit. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded in the title records in the Office of the Assessor-Recorder against the property and the Regulatory Agreement shall be binding on all future owners and successors in interest. At a minimum, the Regulatory Agreement shall contain the following:
(i) A statement that the one-family dwelling is not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.) Further, that under Section 1954.52(b), the property owner has entered into and agreed to the terms of the agreement with the City in consideration for other forms of assistance or other direct financial contribution specified in California Government Code Section 65915 et seq.;
(ii) A description of the forms of assistance or other direct financial contribution provided to the property owner; and
(iii) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement.
(11) If a Hotel or Motel is lawfully authorized for Interim Housing use in accordance with Section 202.15, and such use ceases, the abandonment, cessation, or termination of Interim Housing use shall not be considered a Residential Conversion. The reactivation of any Hotel or Motel use pursuant to Section 202.15(h) shall not be considered a Residential Conversion.
(d) Demolition.
(1) No permit to Demolish a Residential Building in any zoning district shall be issued until a building permit for the replacement structure is finally approved, unless the building is determined to pose a serious and imminent hazard as defined in the Building Code. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board of Appeals has lapsed with no appeal filed.
(2) Conditional Use authorization is required for approval of the permit for Residential Demolition, and the Commission shall consider the replacement structure as part of its decision on the Conditional Use application. If Conditional Use authorization is required for the replacement structure by other sections of this Code, the Commission shall consider the demolition as part of its decision on the Conditional Use application.
(3) The Planning Commission, in the Code Implementation Document, shall adopt criteria and procedures for determining the soundness of a structure proposed for demolition, where “soundness” is an economic measure of the feasibility of upgrading a residence that is deficient with respect to habitability and Housing Code requirements, due to its original construction. The “soundness factor” for a structure shall be the ratio of a construction upgrade cost (i.e., an estimate of the cost to repair specific habitability deficiencies) to the replacement cost (i.e., an estimate of the current cost of building a structure the same size as the existing building proposed for demolition), expressed as a percentage. A building is unsound if its soundness factor exceeds 50%. A Residential Building that is unsound may be approved for demolition without requiring a Conditional Use authorization.
(4) Nothing in this Section is intended to permit Residential Demolition in those areas of the City where other sections of this Code prohibit such demolition or replacement structure.
(5) Nothing in this Section is intended to exempt buildings or sites where demolition is proposed from undergoing review with respect to Articles 10 and 11 of the Planning Code, where the requirements of those articles apply. Notwithstanding the definition of "Residential Demolition" in this section and as further described in the Code Implementation Document with regard to Residential Demolition, the criteria of Section 1005 shall apply to projects subject to review under the requirements of Article 10 with regard to the structure itself.
(e) Conversion to Student Housing. The conversion of Residential Units to Student Housing is prohibited. For the purposes of this subsection, Residential Units that have been defined as such by the time a First Certificate of Occupancy has been issued by the Department of Building Inspection for new construction shall not be converted to Student Housing.
(f) Residential Merger. The Merger of Residential Units, not otherwise subject to Conditional Use authorization by this Code, or exempted from the Conditional Use requirement by this Section 317, shall be prohibited.
(g) Conditional Use Criteria.
(1) C-3 Districts. When considering whether to grant Conditional Use authorization for the loss or Removal of Residential or Unauthorized Unit(s) in the C-3 districts, in lieu of the criteria set forth in Planning Code Section 303, consideration shall be given to the adverse impact on the public health, safety, and general welfare of the loss of housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied.
(2) Residential Merger. The Planning Commission shall consider the following criteria in the review of applications to merge Residential Units or Unauthorized Units:
(A) whether removal of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed have been owner occupied;
(B) whether removal of the unit(s) and the merger with another is intended for owner occupancy;
(C) whether removal of the unit(s) will remove an affordable housing unit as defined in Section 401 of this Code or housing subject to the Residential Rent Stabilization and Arbitration Ordinance;
(D) if removal of the unit(s) removes an affordable housing unit as defined in Section 401 of this Code or units subject to the Residential Rent Stabilization and Arbitration Ordinance, whether replacement housing will be provided which is equal or greater in size, number of bedrooms, affordability, and suitability to households with children to the units being removed;
(E) how recently the unit being removed was occupied by a tenant or tenants;
(F) whether the number of bedrooms provided in the merged unit will be equal to or greater than the number of bedrooms in the separate units;
(G) whether removal of the unit(s) is necessary to correct design or functional deficiencies that cannot be corrected through interior alterations;
(H) the appraised value of the least expensive Residential Unit proposed for merger only when the merger does not involve an Unauthorized Unit.
The Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within 10 years prior to filing the application for merger. Additionally, the Planning Commission shall not approve an application for Residential Merger if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing the application for merger. This subsection (g)(2)(H) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant’s right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.
(3) Residential Conversion. The Planning Commission shall consider the following criteria in the review of applications for Residential Conversion;
(A) whether conversion of the unit(s) would eliminate only owner occupied housing, and if so, for how long the unit(s) proposed to be removed were owner occupied;
(B) whether Residential Conversion would provide desirable new Non- Residential Use(s) appropriate for the neighborhood and adjoining district(s);
(C) in districts where Residential Uses are not permitted, whether Residential Conversion will bring the building closer into conformance with the Uses permitted in the zoning district;
(D) whether conversion of the unit(s) will be detrimental to the City's housing stock;
(E) whether conversion of the unit(s) is necessary to eliminate design, functional, or habitability deficiencies that cannot otherwise be corrected;
(F) whether the Residential Conversion will remove Affordable Housing, or units subject to the Residential Rent Stabilization and Arbitration Ordinance.
(4) Planning Commission approval shall not be required for the change of use or occupancy of a Dwelling Unit, Group Housing, or SRO to Student Housing if the Dwelling Unit, Group Housing, or SRO will be Student Housing owned, operated or otherwise controlled by a not for profit post-secondary Educational Institution and
(A) it was built by the post-secondary Educational Institution;
(B) it is in a convent, monastery, or similar religious order facility;
(C) it is on an adjoining lot (i.e., sharing the same lot line) to the post- secondary Educational Institution, so long as the lot has been owned by the post-secondary Educational Institution for at least ten years as of the effective date of Ordinance 188-12; or
(D) as of August 10, 2010, it was owned, operated or otherwise controlled by a post-secondary Educational Institution that had an Institutional Master Plan on file with the Planning Commission, and where the occupancy by those other than students at that date was less than 20% of the total occupants. For purposes of determining occupancy, the post- secondary Educational Institution shall present to the Planning Department verified information regarding its rental or lease of units as of that date.
(5) Planning Commission approval shall not be required for a Residential Conversion if the Residential Unit was subject to the Residential Hotel Unit Conversion and Demolition Ordinance, San Francisco Administrative Code Chapter 41, and obtained a permit to convert in compliance with the requirements set forth therein.
(6) Residential Demolition. The Planning Commission shall consider the following additional criteria in the review of applications for Residential Demolition:
(A) whether the property is free of a history of serious, continuing Code violations;
(B) whether the housing has been maintained in a decent, safe, and sanitary condition;
(C) whether the property is an "historical resource" under CEQA;
(D) whether the removal of the resource will have a substantial adverse impact under CEQA;
(E) whether the project converts rental housing to other forms of tenure or occupancy;
(F) whether the project removes rental units subject to the Residential Rent Stabilization and Arbitration Ordinance or affordable housing;
(G) whether the project conserves existing housing to preserve cultural and economic neighborhood diversity;
(H) whether the project conserves neighborhood character to preserve neighborhood cultural and economic diversity;
(I) whether the project protects the relative affordability of existing housing;
(J) whether the project increases the number of permanently affordable units as governed by Section 415;
(K) whether the project locates in-fill housing on appropriate sites in established neighborhoods;
(L) whether the project increases the number of family-sized units on-site;
(M) whether the project creates new supportive housing;
(N) whether the project is of superb architectural and urban design, meeting all relevant design guidelines, to enhance existing neighborhood character;
(O) whether the project increases the number of on-site Dwelling Units;
(P) whether the project increases the number of on-site bedrooms;
(Q) whether or not the replacement project would maximize density on the subject lot; and
(R) if replacing a building not subject to the Residential Rent Stabilization and Arbitration Ordinance, whether the new project replaces all of the existing units with new Dwelling Units of a similar size and with the same number of bedrooms.
(7) Removal of Unauthorized Units. In addition to the criteria set forth in subsections (g)(1) through (g)(6) above, the Planning Commission shall consider the criteria below in the review of applications for removal of Unauthorized Units:
(A) whether the Unauthorized Unit has been rented within the 10 years preceding the application, excluding any use of the Unauthorized Unit by a blood, adoptive, or step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or the spouse or registered domestic partner of such relations, or by a property owner’s spouse or registered domestic partner;
(8) Denial of Application to Remove an Unauthorized Unit; Requirement to Legalize the Unit. If the Planning Commission denies an application to Remove an Unauthorized Unit, the property owner shall file a Development Application and any necessary application for a building permit to legalize the Unit. Failure to do so within a reasonable period of time, as determined by the Zoning Administrator, shall be deemed to be a violation of the Planning Code.
(9) Residential Flats. In addition to the other considerations in this subsection (g), the Planning Commission shall consider the criteria below when reviewing a project application that would merge a Residential Flat such that it would no longer meet the definition of a Residential Flat:
(A) whether reduction in size, reconfiguration, or merger of the Flat(s) would reduce the size of any Flat by more than 25% of its original floor area; and
(B) whether the proposed project is maintaining or increasing the number of units on the Lot that contain at least two or more bedrooms or that are at least equivalent in size to the Residential Flats being reduced or reconfigured.
(h) Notice of Conditional Use Hearing. For any hearing to consider a Conditional Use authorization required under subsection (g)(2), (g)(3), (g)(4), or (g)(5), the Zoning Administrator shall provide notice as required by Section 333 of this Code, including an explanation of the process for demolishing, merging, or converting Residential Units or Unauthorized Units, and including a description of subsequent permits that would be required from the Planning Department and Department of Building Inspection and how they could be appealed, in addition to any other notice required under this Code.
(1) Owned by the United States or any of its agencies;
(2) Owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental purpose;
(3) Under the jurisdiction of the Port of San Francisco or the Successor Agency to the Redevelopment Agency of the City and County where the application of this Section is prohibited by State or local law; or
(4) Where demolition of the building or Removal of a Residential Unit or Unauthorized Unit is necessary to comply with a court order or City order that directs the owner to demolish the building or remove the unit, due to conditions that present an imminent threat to life safety.
(j) Disclosure of Unauthorized Units.
(1) Disclosure Required. All Development Applications shall disclose the presence of any Unauthorized Unit at the subject property. In addition to the verification required by Planning Code subsection 306.1(d), any Development Application that does not identify an Unauthorized Unit at the subject property shall include a declaration, signed under penalty of perjury by the owner(s) or owner’s authorized agent, that no Unauthorized Units exist at the property.
(2) Application Contents. All Development Applications shall require the applicant to report certain information that may suggest the presence of Unauthorized Units at the property. The Planning Department shall develop, and publish on the Department’s website, a list of such information, which shall include, at minimum:
(A) The number of dwelling units at the property, and, to the best of the applicant’s knowledge, whether any units or bedrooms have been rented in the prior 10 years.
(B) For each unit that has been rented, the number of bedrooms in such unit.
(C) The number of mailboxes at the property.
(D) The number of utility meters at the property.
(3) Planning Department Investigation. If the application states that the property does not contain any Unauthorized Unit, but the information contained in the application leads Department staff to reasonably believe that an Unauthorized Unit may exist on the property, Department staff shall investigate whether the property contains any Unauthorized Unit. Such investigation may include research into property and Residential Rent Stabilization and Arbitration Board rental records, inspection of the property, or review of evidence of prior tenancy submitted by current and former owners, tenants, and neighbors. Department staff shall review and consider inspection reports and notices of violation prepared by the Department of Building Inspection and any relevant information contained in the Department’s files for the property. If, after conducting an investigation, the Department determines that the Development Application failed to disclose any Unauthorized Unit, the Department shall cancel the Development Application as inaccurate pursuant to Section 306.1(d).
(k) Department Inspection. Prior to recommending approval of Residential Demolition, Conversion, or Merger, the Department shall inspect the property. The Department’s inspection shall attempt to establish whether the property contains rental units and whether any rental units are occupied. The Department shall also request information from the Residential Rent Stabilization and Arbitration Board that indicates whether any rental units on the property are subject to the Residential Rent Stabilization and Arbitration ordinance.
(Added by Ord. 69-08, File No. 080210, App. 4/17/2008; amended by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 219-14
, File No. 140775, App. 10/29/2014, Eff. 11/28/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 81-20, File No. 200142, App. 5/29/2020, Eff. 6/29/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 64-24, File No. 231185, App. 3/28/2024, Eff. 4/28/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 39-25, File No. 241067, App. 4/3/2025, Eff. 5/4/2025; Ord. 98-25, File No. 250257, App. 6/27/2025, Eff. 7/28/2025; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
AMENDMENT HISTORY
[Former] division (e)(1) amended; Ord. 140-11, Eff. 8/4/2011. Divisions (b)(1) and [former] (f)(1) amended; Ord. 188-12, Eff. 10/11/2012. [Former] division (d)(3)(C) amended; Ord. 62-13, Eff. 5/10/2013. Section header and division (b)(1) amended; divisions (b)(2), (b)(7), (b)(11), (b)(12), [former] (c), (d), (d)(2), (d)(3), (d)(4), (d)(5), [former] (e)-(e)(2) amended; [former] divisions (e)(4), (f), (f)(1) and (f)(2) amended; [former] divisions (g) and (g)(3) amended; Ord. 287-13, Eff. 1/25/2014. Division (b)(1) amended; divisions (b)(12) and [former] (f)(1) amended; [former] divisions (f)(3) and (f)(4) added; Ord. 219-14, Eff. 11/28/2014. Divisions (b)(3), (b)(4), (b)(6), (b)(8), (b)(11), and (b)(12) amended; Ord. 22-15, Eff. 3/22/2015. Nonsubstantive change; Ord. 188-15, Eff. 12/4/2015. Section header and divisions (b), (b)(1), (b)(7), (b)(10), and (b)(12) amended; new division (b)(13) added and former division (b)(13) redesignated as (b)(14); division (c) amended and redesignated as (c)(1); new divisions (c)(2)-(5) added; divisions (d)(2), (d)(3), (d)(3)(A), and (d)(3)(B) amended; former division (d)(3)(C) deleted; new divisions (e), (f), (g), and (g)(1) added; former divisions (e)-(e)(4) amended and redesignated as current division (g)(2) and its subdivisions; former divisions (f)-(f)(2)(F) redesignated as current division (g)(3)1 and its subdivisions; new divisions (g)(5)-(7) and (h) added; former division (g) amended and redesignated as (i); current divisions (i)(3) and (4) amended; Ord. 33-16, Eff. 4/10/2016. Division (c) amended; former division (g)(6)(A) deleted; former divisions (g)(6)(B)-(D) redesignated as divisions (g)(6)(A)-(C); Ord. 195-18, Eff. 9/10/2018. Division (h) amended; divisions (h)(1)-(2) deleted; Ord. 179-18, Oper. 1/1/2019. Division (g)(3) amended; second division (g)(3) redesignated as (g)(4) and amended; divisions (g)(4)-(7) redesignated as (g)(5)-(8); Ord. 63-20, Eff. 5/25/2020. Section header and division (c)(5) amended; division (c)(6) added; former divisions (d)(3)-(d)(3)(A) deleted; former division (d)(3)(B) redesignated as (d)(3) and amended; Ord. 81-20, Eff. 6/29/2020. Undesignated paragraph after division (g)(2)(H) amended; Ord. 136-21, Eff. 9/4/2021. Division (c)(1) amended as (c)(1) and (c)(4); former divisions (c)(2)-(6) redesignated and amended as (c)(5)-(9); new divisions (c)(2)-(c)(2)(G) and (c)(3) added; Ord. 248-23, Eff. 1/14/2024. Division (g)(7) amended; Ord. 33-24, Eff. 3/23/2024. Divisions (c)(7) and (f) amended; divisions (c)(7)(A)-(B) and (c)(10)-(c)(10)(B)(iii) added; divisions (g)(7)(A)-(C) deleted; new divisions (g)(7)(A)-(B) added; Ord. 64-24, Eff. 4/28/2024. Divisions (c)(2)(D), (c)(4), and (c)(7)(A) amended; Ord. 297-24, Eff. 1/19/2025. Division (c)(11) added; Ord. 39-25, Eff. 5/4/2025. Division (c)(11) amended; Ord. 98-25, Eff. 7/28/2025. Divisions (j)-(k) added; Ord. 170-25, Eff. 10/6/2025. Divisions (a), (b)(7), and (g)(8) amended; divisions (g)(9)-(g)(9)(B) added; Ord. 245-25, Eff. 1/12/2026.
CODIFICATION NOTE
1. So in Ord. 248-23.
SEC. 320. OFFICE DEVELOPMENT: DEFINITIONS.
(See Interpretations related to this Section.)
(a) “Additional office space” shall mean the number of square feet of gross floor area of office space created by an office development, reduced, in the case of a modification, conversion, or demolition, by the number of square feet of gross floor area of preexisting office space which is lost.
(b) “Annual RHNA Affordable Housing Goal” shall mean one-eighth of the eight-year Final Regional Housing Need Allocation for the years 2015-2023 for San Francisco City and County, adopted by the Executive Board of the Association of Bay Area Governments on July 13, 2013, pursuant to California Government Code sec. 65580, for the “Very Low,” “Low,” and “Moderate” categories combined. The total eight-year Final Regional Housing Need Allocation in these categories combined is 16,333 units, which is 2,042 units per year. If future implementation of California Government Code sec. 65580, or any successor statewide mechanism to establish local affordable housing goals, establishes a higher annual allocation for San Francisco for production of units affordable to households earning up to 120 percent of area median income, then such higher annual allocation shall replace the number of units established pursuant to the first sentence of this Subsection (b). However, in no case shall the Annual RHNA Affordable Housing Goal be less than 2,042 units.
(c) “Approval period” shall mean the 12-month period beginning on October 17, 1985 and each subsequent 12-month period.
(d) “Approve” shall mean to approve issuance of a project authorization and shall include actions of the Planning Commission, Board of Appeals and Board of Supervisors.
(e) “City of San Francisco Affordable Housing Development Funding” means any capital development funds or subsidies administered or awarded by the City or County of San Francisco or any entity thereof. Such entities include the Office of Community Investment and Infrastructure, any future local redevelopment agency established pursuant to state law, the Port of San Francisco, and all other City or County departments or agencies. Such funds and subsidies include lease or sale of City property at less than market value, state or federal capital development funds administered or awarded by the City, and any other direct or indirect public support for capital development provided to a project. Tax credits, rent subsidies, and the Welfare Property Tax Exemption are excluded from this definition. Fees and exactions that are imposed on the proposed project pursuant to City requirements to fund affordable housing development that are retained or reimbursed for use by the proposed project to build affordable housing as a component of the project are excluded from this definition.
(f) “City’s Affordable Housing Demand Ratio” means 809 housing units affordable to households with household incomes no greater than 120% of Area Median Income per 1,000,000 square feet of new office development, as detailed in the Jobs Housing Nexus Analysis of May 2019 prepared for the City and County of San Francisco by Keyser Marston Associates, Inc., which determined that the Affordable Unit Demand Factor for 1,000 square feet of new San Francisco office development is currently 0.80892 affordable housing units. The City shall update the Affordable Unit Demand Factor at least every five years, and the City’s Affordable Housing Demand Ratio shall be adjusted according to the updated Factor.
(g) “Completion” shall mean the first issuance of a temporary certificate of occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 307.
(h) “Disapprove” shall mean for an appellate administrative agency or court, on review of an office development, to direct that construction shall not proceed, in whole or in part.
(i) “Large Cap Maximum” shall mean the portion of the maximum set forth in Subsection (a)(1)(A) that is available to buildings of at least 50,000 square feet in gross floor area of office development.
(j) “New Affordable Housing Unit” shall mean a newly constructed unit with permanent affordability requirements that conform to standards established by the State of California as applicable to the City and County of San Francisco for determination of affordability to households with incomes of up to no more than 120 percent of the Area Median Income.
(k) “Office space” shall mean space within a structure intended or primarily suitable for occupancy by persons or entities which perform for their own benefit or provide to others services at that location, including but not limited to professional, banking, insurance, management, consulting, technical, sales and design, or the office functions of manufacturing and warehousing businesses, but shall exclude the following: Retail use; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; any facility, other than physicians’ or other individuals’ offices and uses accessory thereto, customarily used for furnishing medical services, and design showcases or any other space intended and primarily suitable for display of goods. This definition shall include all uses encompassed within Section 102 of this Code.
(l) "Office development" shall mean construction, modification or conversion of any structure or structures or portion of any structure or structures, with the effect of creating additional office space, excepting only:
(1) Development which will result in less than 25,000 square feet of additional office space;
(2) Development either:
(i) Authorized under San Francisco Redevelopment Agency disposition or owner participation agreements which have been approved by Agency resolution prior to the effective date of this Section, or
(ii) Authorized prior to the effective date of this Section by Agency resolution in anticipation of such agreements with particular developers identified in the same or a subsequent agency resolution;
(3) Any development which is governed by prior law under Section 175.1(b) of this Code, unless modified after the effective date specified in Section 175.1(b) to add more than 15,000 square feet of additional office space. Any addition of office space up to 15,000 square feet shall count against the maximum for the approval period, pursuant to Section 321(a)(2)(B);
(4) Any development including conversion of 50,000 square feet or more of manufacturing space to office space where the manufacturing uses previously located in such space are relocated to another site within the City and County of San Francisco and the acquisition or renovation of the new manufacturing site is funded in whole or part by an Urban Development Action Grant approved by the Board of Supervisors;
(5) Any mixed-residential-commercial development which will be assisted by Community Development Block Grant funds approved by the Board of Supervisors in which all of the housing units shall be affordable to low-income households for a minimum of 40 years and for which an environmental review application and site permit application have been filed prior to the effective date of this ordinance which enacted the provisions of this Section;
(6) Any development authorized pursuant to a Planned Unit Development, as provided for by City Planning Code Section 304, providing for a total of 500 or more additional units of housing, provided such development first received a Planned Unit Development authorization prior to November 4, 1986. Such Planned Unit Development may be amended from time to time by the Planning Commission, but in no event shall any such amendment increase the amount of office space allowed for the development beyond the amount approved by the Planning Commission prior to November 4, 1986.
(m) “Produced” shall mean, with regard to an affordable housing unit, that the housing unit is issued a first construction document, as defined in San Francisco Building Code sec. 107A.13.1.
(n) “Project authorization” shall mean the authorization issued by the Planning Department pursuant to Sections 321 and 322 of this Code.
(o) “Replacement office space” shall mean, with respect to a development exempted by Subsection (g)(6)1 of this Section, that portion of the additional office space which does not represent a net addition to the amount of office space used by the occupant’s employees in San Francisco.
(p) “Retail Use” shall mean supply of commodities on the premises including, but not limited to, stores, shops, Restaurants, Bars, eating and drinking businesses, and Retail Sales and Services uses defined in Planning Code Section 102, except for Hotels and Motels.
(q) “Preexisting office space” shall mean office space used primarily and continuously for office use and not accessory to any use other than office use for five years prior to Planning Commission approval of an office development project which office use was fully legal under the terms of San Francisco law.
(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Proposition C, 6/2/87; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Proposition E, 3/3/2020, Eff. 4/17/2020; Proposition C, 3/5/2024, Eff. 4/12/2024)
AMENDMENT HISTORY
Introductory paragraph and division (f) amended; Ord. 22-15, Eff. 3/22/2015. Division (j) amended; Ord. 188-15
, Eff. 12/4/2015. Introductory paragraph amended; former divisions (b)-(k) redesignated as (c), (d), (g), (h), (k), (l), and (n)-(q), respectively; new divisions (b), (e), (f), (i), (j), and (m) added; Proposition E, 3/3/2020, Eff. 4/17/2020. Introductory paragraph and division (a) amended; Proposition C, 3/5/2024, Eff. 4/12/2024.
CODIFICATION NOTE
1. So in Proposition E, 3/3/2020.
SEC. 322. PROCEDURE FOR ADMINISTRATION OF OFFICE DEVELOPMENT LIMIT.
(a) Project Authorization Required. During the approval period, every site or building permit application for an office development must, before final action on the permit, include a copy of a project authorization for such office development, certified as accurate by the Planning Department. No such application shall be considered complete and the Department of Building Inspection shall not issue any such site or building permit unless such a certified copy is submitted. No site or building permit shall be issued for an office development except in accordance with the terms of the project authorization for such office development. Any such site or building permit which is inconsistent with the project authorization shall be invalid.
(b) Application for Project Authorization. During the approval period, an applicant for approval of an office development shall file an application for a project authorization with the Planning Department contemporaneously with the filing of an application for environmental evaluation for such development. Such application shall state such information as the Planning Department shall require; provided, however, that an application for a project authorization for each office development for which an environmental evaluation application has been filed prior to the effective date of this Section, shall be deemed to have been filed effective as of the date such environmental evaluation application was filed.
(c) Processing of Applications.
(1) The approval period shall be divided into such review periods as the Planning Commission shall provide by rule. The first review period shall commence on the effective date.
(2) Applications for project authorizations shall be considered by the Planning Commission during a specific review period in accordance with the following procedures:
(A) During a specific review period the Planning Commission shall consider all project authorization applications for which, prior to the first day of such review period, a final Environmental Impact Report has been certified, or a final Negative Declaration has been issued, or other appropriate environmental review has been completed; provided, however, that during the first review period, the Planning Commission shall consider only those office developments for which (i) an environmental evaluation application and a site or building permit application were submitted prior to June 1, 1985, or (ii) a draft environmental impact report or a preliminary negative declaration was published prior to the effective date.
(B) The Planning Commission may hold hearings on all project authorization applications assigned to a specific review period before acting on any such application.
(C) In reviewing project authorization applications, the Planning Commission shall apply the criteria set forth in Section 321, and shall, prior to the end of such a review period, approve, deny, or, with the consent of the applicant, continue to the next subsequent review period each such application based on said criteria.
(D) Notwithstanding any other provisions of this Section or Section 321, the Planning Commission may at any time, after a noticed hearing, deny or take other appropriate action with respect to any application for a project authorization as to which environmental review, in the judgment of the Commission, has not been or will not be completed in sufficient time to allow timely action under applicable law.
(E) Any project authorization application which is denied by the Planning Commission, unless such denial is reversed by the Board of Appeals or Board of Supervisors, shall not be resubmitted for a period of one year after denial.
(d) Appeal of Project Authorization. The Planning Commission’s determination to approve or deny the issuance of a project authorization may be appealed to the Board of Appeals within 15 days of the Commission’s issuance of a dated written decision pursuant to the procedural provisions of Section 308.2 of this Code, except in those cases where either (i) a conditional use application was filed, or (ii) the project would proceed under terms of a development agreement authorized by Government Code Section 65865 or any successor section. In such case, the decision of the Planning Commission may be appealed only to the Board of Supervisors pursuant to Section 308.1 of this Code. The decision on the project authorization by the Board of Appeals or Board of Supervisors shall be the final administrative determination as to all matters relating to the approval of the office development that is the subject of the project authorization, except for matters, not considered in connection with the project authorization, which arise in connection with a subsequent building or site permit application for the development in question.
(e) Modification of Project Authorization. The Planning Commission may approve a modified project authorization, after a noticed hearing, during the review period in which the initial project authorization was approved or a subsequent review period. Approval or denial of a modified project authorization shall be subject to appeal in accord with Subsection (d).
(f) No Right to Construct Conveyed. Neither approval nor issuance of a project authorization shall convey any right to proceed with construction of an office development, nor any right to approval or issuance of a site or building permit or any other license, permit, approval or authorization which may be required in connection with said office development.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 255-88, App. 6/22/88; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Proposition E, 3/3/2020, Eff. 4/17/2020)
AMENDMENT HISTORY
Division (a) amended; other nonsubstantive changes; Ord. 188-15
, Eff. 12/4/2015. Division (d) amended; Proposition E, 3/3/2020, Eff. 4/17/2020.
SEC. 323. OFFICE DEVELOPMENT: PREAPPLICATION PROCEDURE.
The Planning Commission may by rule permit such persons as elect to do so, to submit a preliminary application on a proposed office development before submitting any application for a project authorization. Such a preliminary application shall contain such information as the Commission may require. With respect to each proposed office development for which all the information required by the Planning Department is timely submitted to the Department, the Director of Planning or his designee shall, in writing, issue an advisory opinion to the person submitting such information, as to whether he or she at that time intends to recommend, based on the information submitted to him or her, the proposed development for denial by the Planning Commission. The advice and recommendation of the Director shall neither convey, nor foreclose, any right to proceed with a project authorization application or the development and shall constitute neither approval nor denial of the development. The Director's recommendations under this Section shall be governed by Section 321(b) of this Code.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 324. FINDINGS.
(a) The Board of Supervisors declares that it is the policy of the City and County of San Francisco to:
(1) Provide a quality living and working environment for residents and workers;
(2) Foster the diversified development of the City, providing a variety of economic and job opportunities;
(3) Maintain a balance between economic growth, on the one hand, and housing, transportation and public services in general, on the other, and encourage a rate of growth consistent with transportation and housing capacity;
(4) Prevent undesirable effects of development on local air quality and other environmental resources; and
(5) Encourage development projects of superior design, optimum location and other desirable characteristics.
(b) In recent years, office development in the City has increased dramatically. Office development has already affected housing, transportation and parking capacities.
(c) The City has only limited legal authority to direct or control physical development, whether for office use or not, on land covered by approved redevelopment plans or under the jurisdiction of the Port Commission.
(d) There are competing legitimate public interests which must be balanced in the planning process. Environmental concerns are of great importance, but must be balanced against the need for continued, healthy economic growth and job creation, maintenance of municipal revenues for the provision of social services, effective preservation of historic buildings and other considerations.
(e) Based on developments proposed to date, general economic conditions affecting San Francisco, and the trend in recent years of an increasing rate of office development, it is likely that excessive office development will come before City agencies for authorization and approval during the years 1985 through 1988, and possible that excessive development would continue thereafter. It is therefore appropriate to approve during the three years after adoption of this ordinance only particular, proposed developments which serve the public interest, convenience and necessity, and to similarly limit approvals for further periods to the extent excessive development might otherwise continue to occur.
(f) Sections 320 through 324 of this ordinance are intended to further the policies noted in Subsection (a) and to aid in responding to the effects noted in Subsection (b), with due regard to the factors set forth in Subsections (c) and (d), by authorizing more effective regulation of the rate, distribution, type and quality of office development in the City and County of San Francisco. Control of office development will afford additional time to analyze and meet its effects.
(Added by Ord. 414-85, App. 9/17/85)
SEC. 324.1. DEVELOPMENT IN HUNTERS POINT SHIPYARD PHASE 2 AND CANDLESTICK POINT.
(a) For purposes of this Section 324.1, “Development” includes, without limitation, development, redevelopment, reuse and reoccupancy; and the "Subject Property" is comprised of property within the dotted lines depicted on the following maps:
(b) Notwithstanding Part 2 - Annual Limit of Proposition M (November 1986) and other provisions of any San Francisco Code, the terms “office development,” “office space,” and “additional office space,” when used in Sections 320-325 of this Planning Code, shall not include Development on the Subject Property.
(c) No project authorization or allocation shall be required for any Development on the Subject Property. However, Development on the Subject Property that would require a project authorization or allocation but for this Section 324.1 shall be treated for all purposes as if it had been granted approval of a project authorization or allocation.
(d) Development on the Subject Property shall not affect the annual limit or the unallocated amount referenced in Sections 320-324. The amount of office development for which project authorizations may be granted under Sections 320-324 on properties other than the Subject Property shall be determined without regard to the amount of Development on the Subject Property.
(Added by Proposition O, 11/8/2016)
SEC. 325. SUNSET CLAUSE.
The limit on office development set out in Planning Code Sections 320, 321, 322, 323, 324 and 324.1 as of October 17, 1985, as amended by the voters on November 4, 1986 and November 8, 2016, shall remain in effect until amended or repealed by the voters of San Francisco at a regularly scheduled election.
(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Proposition O, 11/8/2016)
SEC. 328. HOME-SF PROJECT AUTHORIZATION.
(a) Purpose. The purpose of this Section 328 is to ensure that all HOME-SF projects under Section 206.3 are reviewed in a timely manner. While most projects in the HOME-SF Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.
(c) Planning Commission Design Review. The Planning Commission shall review and evaluate all physical aspects of a HOME-SF Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be larger in height and mass than surrounding buildings in order to achieve HOME-SF’s affordable housing goals. However, the Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale. The Planning Commission, upon recommendation of the Planning Director, may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.
Additionally, as set forth in subsection (d) below, the Planning Commission may grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.3. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail.
The Planning Commission may require these or other modifications or conditions, or disapprove a project, in order to achieve the objectives and policies of the Affordable Housing Bonus Programs or the purposes of this Code. This review shall limited to design issues including the following:
(1) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines.
(2) whether building design elements including, but not limited to architectural treatments, facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines.
(3) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.
(4) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines.
(5) if the project involves the merging of two or more lots resulting in more than 125 feet in lot frontage on any one street, whether the project is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.
(d) Exceptions. As a component of the review process under this Section 328, the Planning Commission may grant minor exceptions to the provisions of this Code as provided for below, in addition to the development bonuses granted to the project in Section 206.3. Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Commission finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the HOME-SF Program under Section 206.3, and also are consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include:
(1) Exception from residential usable open space requirements per Section 135, or any applicable special use district.
(2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district.
(3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district.
(4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district.
(5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district.
(6) Where not specified elsewhere in this subsection (d), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located.
(e) Required Findings. In its review of any project pursuant to this Section 328, the Planning Commission shall make the following findings:
(1) the use as proposed will comply with the applicable provisions of this Code and is consistent with the General Plan; and
(2) the use as proposed will provide development that is in conformity with the stated purpose of the applicable Use District.
(f) Additional Criteria. The Planning Commission shall consider the extent to which the following criteria are met:
(1) whether the project would require the demolition of an existing building;
(2) whether the project would remove existing commercial or retail uses;
(3) If the project would remove existing commercial or retail uses, how recently the commercial or retail uses were occupied by a tenant or tenants;
(4) whether the project includes commercial or retail uses;
(5) whether there is an adverse impact on the public health, safety, and general welfare due to the loss of commercial or retail uses in the district where the project is located; and
(6) whether any existing commercial or retail use has been designated, or is eligible to be designated, as a Legacy Business under Administrative Code Section 2A.242; or is a formula retail business.
(g) Other Required Findings. Pursuant to Section 206.3(e)(4), a HOME-SF Project shall be exempt from any other discretionary approval process by the Planning Commission, including but not limited to a conditional use authorization, unless that conditional use authorization requirement or other discretionary approval process was adopted by the voters of San Francisco. If a HOME-SF Project would otherwise require a conditional use authorization due to the type of use or use size, then the Planning Commission shall make any findings or comply with any criteria required by such conditional use requirement. If a HOME-SF Project would otherwise require a conditional use authorization to provide parking in excess of what is principally permitted, the Planning Commission shall make the findings required by Section 151.1(f) as part of the Section 328 HOME-SF Project Authorization.
(h) Hearing and Decision.
(1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this Section 328 within 180 days of submittal of a complete project application, unless the Environmental Review Officer determines that an environmental impact report is required for the project under Administrative Code Section 31.09.
(3) Director’s Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to subsection (d).
(4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove, or approve subject to conditions, the project and any associated requests for exceptions. As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code.
(5) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with the Board of Appeals, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Section 328 or abuse of discretion on the part of the Planning Commission. The procedures and requirements for appeals in Section 309(e)(3) and (4) shall apply to appeals to the Board of Appeals under this Section 328.
(6) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section 328.
(7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section 328.
(9) Expiration of Planning Commission approval. Authorization of a HOME-SF Project under this Section 328 shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 36 months of the date of Planning Commission approval. Such deadline shall be extended in the event of any appeal of such authorization for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.
(Former Sec. 328 added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 428A by Ord. 270-10, File No. 100917, App. 11/5/2010)
AMENDMENT HISTORY
Division (g) amended; Ord. 15-19, Eff. 3/11/2019.
Editor’s note:
SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS.
(a) Purpose. The purpose of this Section is to ensure that all large projects proposed in the Eastern Neighborhoods Mixed Use Districts are reviewed by the Planning Commission, in an effort to achieve the objectives and policies of the General Plan, the applicable Design Guidelines, and the purposes of this Code.
(b) Applicability. This Section applies to all projects in the Eastern Neighborhoods Mixed Use Districts, except projects in the Western SoMa Special Use District that are subject to Section 823(c)(11), that meet at least one of the following criteria:
(1) Outside the Central SoMa Special Use District.
(A) The project includes the construction of a new building greater than 75 feet in height (excluding any exceptions permitted pursuant to Section 260(b)), or includes a vertical addition to an existing building with a height of 75 feet or less resulting in a total building height greater than 75 feet; or
(B) The project involves a net addition or new construction of more than 25,000 gross square feet.
(2) Within the Central SoMa Special Use District.
(A) The project includes the construction of a new building greater than 85 feet in height (excluding any exceptions permitted pursuant to Section 260(b)), or includes a vertical addition to an existing building with a height of 85 feet or less resulting in a total building height greater than 85 feet; or
(B) The project involves a net addition or new construction of more than 50,000 gross square feet.
(c) Planning Commission Design Review. As set forth in subsection (e), below, the Planning Commission shall review and evaluate all physical aspects of a proposed project at a public hearing. At such hearing, the Director of Planning shall present any recommended project modifications or conditions to the Planning Commission, including those which may be in response to any unique or unusual locational, environmental, topographical or other relevant factors. The Commission may subsequently require these or other modifications or conditions, or disapprove a project, in order to achieve the objectives and policies of the General Plan or the purposes of this Code. This review shall address physical design issues including but not limited to the following:
(1) Overall building massing and scale;
(2) Architectural treatments, facade design and building materials;
(3) The design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and the design and siting of rear yards, parking and loading access;
(4) The provision of required open space, both on- and off-site. In the case of off-site publicly accessible open space, the design, location, access, size, and equivalence in quality with that otherwise required on-site;
(6) Streetscape and other public improvements, including tree planting, street furniture, and lighting;
(7) Circulation, including streets, alleys and mid-block pedestrian pathways;
(8) Bulk limits;
(9) In projects containing ground-level commercial space, that such commercial spaces are sized so as to provide spaces for individual uses in a range of sizes, including small enterprises; and
(10) Other changes necessary to bring a project into conformance with any relevant design guidelines, Area Plan, or Element of the General Plan.
(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:
(1) Exceeding the principally permitted accessory residential parking ratio described in Section 151.1 and pursuant to the criteria therein;
(2) Exception from residential usable open space requirements. In circumstances where such exception is granted, a fee shall be required pursuant to the standards in Section 427.
(5) Exception to height limits for vertical non-habitable architectural elements described in Section 263.21 and pursuant to the criteria therein;
(6) Exception to volumetric limitations for roof enclosures and screens pursuant to Section 260(b)(1)(F). For existing buildings, exceptions to the volumetric limitations for roof enclosures and screens shall be granted only if all rooftop equipment that is unused or permanently out of operation is removed from the building;
(8) Exception for rear yards, pursuant to the requirements of Section 134(f);
(A) an increase in the number of Designated Office Stories would result in a total square footage of office space no greater than that which would otherwise be permitted by the project.
(B) Office Uses are consolidated within a lesser number of buildings than would otherwise be the case, and
(C) the resulting location and mix of uses increases the project's consistency with nearby land uses.
(10) Relief from dwelling unit exposure requirements for buildings which are designated landmark buildings or contributory buildings within designated historic districts under Article 10 of this Code, and/or buildings recorded with the State Historic Preservation Office as eligible for the California Register, when the following criteria are met:
(A) literal enforcement of Section 140 would result in the material impairment of the historic resource; and
(B) the project complies with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001)) and/or Section 1006 and any related Article 10 appendices of this Code.
(11) Flexible Units: Modification of the accessory use provisions of Section 803.3(b)(1)(c) for Dwelling Units. Dwelling Units modified under this Subsection shall continue to be considered Dwelling Units for the purposes of this Code and shall be subject to all such applicable controls and fees. Additionally, any building that receives a modification pursuant to this Subsection shall (i) have appropriately designed street frontages to accommodate both residential and modified accessory uses and (ii) obtain comment on the proposed modification from other relevant agencies prior to the Planning Commission hearing, including the Fire Department and Department of Building Inspection. Modifications are subject to the following:
(A) A modification may only be granted for the ground floor portion of Dwelling Units that front on a street with a width equal to or greater than 40 feet.
(B) The accessory use may only include those uses permitted as of right at the subject property. However, uses permitted in any unit obtaining an accessory use modification may be further limited by the Planning Commission.
(C) The Planning Commission may grant exceptions to the size of the accessory use, type and number of employees, and signage restrictions of the applicable accessory use controls.
(12) Where not specified elsewhere in this subsection (d), exceptions to other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located, except that such exceptions shall not be permitted for projects in the Central SoMa Special Use District.
(13) For development located within the Central SoMa SUD:
(A) Exception to the building separation requirements pursuant to Section 132.4(d)(3)(B).
(D) Exception to the Controls for Wind pursuant to Section 249.78(d)(9).
(E) Exception to the lot coverage limits of Section 249.78(d)(6) for conversions of existing non-residential structures to residential use.
(e) Exceptions for Key Sites in Central SoMa.
(1) Purpose. The Central SoMa Plan Area contains a number of large, underutilized development sites. By providing greater flexibility in the development of these sites, the City has an opportunity to achieve key objectives of the Central SoMa Plan and to locate important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa.
(2) Applicability. The controls discussed below apply to the following lots, as identified in the Key Site Guidelines adopted by the Central SoMa Area Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184):
(A) The southwest corner of the intersection of 5th Street and Howard Street, consisting of Block 3732, Lots 003, 004, 005, 099, 100, 145A, 146, and 149, as well as any other parcels included as part of the same development application for one of these lots;
(B) The southeast corner of the intersection of 4th Street and Harrison Street, consisting of Block 3762, Lots 106, 108, 109, 112, 116, and 117;
(C) The southwest corner of the intersection of 2nd Street and Harrison Street, consisting of Block 3763, Lots 001, 078, 079, 080, 080A, 081, 099, 100, 101, 105, 112, and 113.
(D) The northeast corner of the intersection of 4th Street and Brannan Street, consisting of Block 3776, Lot 025;
(E) The northeast corner of the intersection of 5th Street and Brannan Street, consisting of Block 3777, Lots 045, 050, 051, and 052;
(F) The southern half of the block north of Brannan Street between 5th Street and 6th Street, consisting of Block 3778, Lots 001B, 002B, 004, 005, 047, and 048;
(G) The southeast corner of the intersection of 5th and Brannan Streets, consisting of Block 3786, Lots 036 and 037; and
(H) The northeast corner of the intersection of 4th and Townsend Streets, consisting of Block 3787, Lots 026, 028, 050, 161, 162, 163, and 164.
(3) Controls. Pursuant to this Section 329(e) and the Key Site Guidelines adopted as part of the Central SoMa Area Plan, the Planning Commission may grant exceptions to the provisions of this Code as set forth in subsection (d) above and may also grant the exceptions listed below for projects that provide qualified amenities in excess of what is required by the Code.
(A) Qualified Amenities. Qualified additional amenities that may be provided by these Key Sites include: affordable housing beyond what is required under Section 415 et seq.; land dedication pursuant to Section 413.6 by non-residential projects for construction of affordable housing in partial or full satisfaction of the Jobs-Housing linkage Fee, or in excess of that required to satisfy the Jobs-Housing linkage Fee, provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.6; land dedication pursuant to Section 413.6 by residential projects for construction of affordable housing in partial or full satisfaction of the Alternatives to the Inclusionary Housing Fee, or in excess of that required to satisfy the Alternatives to the Inclusionary Housing Fee, pursuant to Section 419.5, to the extent permitted by state law, provided that if the land dedication is in partial satisfaction of that Fee, the balance of the Fee shall be paid with the land value calculated as set forth in Section 413.6; PDR at a greater amount and/or lower rent than is otherwise required under Sections 202.8 or 249.78(c)(5); public parks, recreation centers, or plazas; and improved pedestrian networks.
(B) Exceptions. Upon consideration of qualified amenities in excess of what is required by the Code, the Planning Commission may grant one or more exceptions to the following requirements: the streetwall and setback controls in Section 132.4; the building separation controls in Section 132.4, including but not limited to the controls in subsection 132.4(d)(3)(B); the setback requirements in Section 261.1; bulk controls in Section 270(h); and the lot merger restrictions in Section 249.78(d)(7).
In addition to these exceptions, the Planning Commission may grant one or more of the following exceptions:
(i) On the Key Site identified in Section 329(e)(2)(B), the apparent mass reduction controls in Table 270(h) may be reduced as follows: (A) on the building frontage on Harrison Street, a reduction in the apparent mass reduction requirement to 50%; (B) on the building frontage on Fourth Street, elimination of the apparent mass reduction requirement.
(ii) On the Key Site identified in Section 329(e)(2)(C), exception to the lot coverage limits in Section 249.78(d)(6), the micro-retail requirement in 249.78(c)(4), the active use requirement in Section 145.1, and the ground floor commercial use requirements in Section 145.4. In addition, the site may be permitted to seek a Conditional Use Authorization to establish a Formula Retail Limited Restaurant, pursuant to Section 303.1. In addition, any indoor POPOS on the site may be deemed to satisfy the requirements of Sections 135(h) and 135.3.
(iv) On the Key Site identified in Section 329(e)(2)(E), exception to the lot coverage limits in Section 249.78(d)(6), the requirement that POPOS be open to the sky in Section 138, the street frontage requirements in Section 145.1, and the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r).
(vi) On the Key Site identified in Section 329(e)(2)(H), exception to the protected pedestrian-, cycling-, and transit-oriented street frontage requirements of Section 155(r), the street frontage requirements in Section 145.1, the required ground floor commercial uses in Section 145.4, the requirement that at least two-thirds of the Gross Floor Area of all building area below 160 feet be non-residential in Section 249.78(c)(6), and the requirement in Section 138(d)(2)(E)(i) that ground floor POPOS be open to the sky. In addition, the usable open space requirement pursuant to Section 135 may be reduced to 60 square feet of usable open space required for each dwelling unit if not publicly accessible.
(vii) On the Key Site identified in Section 329(e)(2)(F), the Planning Commission may grant one or more of the following exceptions:
a. Exception to the off-street parking controls of Section 151.1 to allow additional accessory PDR parking solely to serve the tenants and customers of the site.
b. Exception to the requirement that POPOS be open to the sky in Section 138(d)(2)(E)(i), to allow a cumulative maximum of 20% of the POPOS to be covered by any combination of (a) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 20' and maximum depth from face of overhead building of 15', or (b) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 50' and minimum horizontal dimension in all directions of 20'.
c. Exception to the transparency and fenestration requirements of Section 249.78(c)(1)(F) on 5th Street between Brannan and Bryant Streets, and along Morris Street.
d. Exception to the protected street frontage requirements of Section 155(r) on 5th Street between Brannan and Bryant Streets.
e. Exception to the PDR floor-to-floor height requirements set forth in Section 249.78(d)(10), such that up to a maximum of 10% of the ground floor gross floor area may have less than a 17-foot floor-to-floor height.
f. Exceptions to the overhead horizontal projection requirements set forth in Section 136(c)(5) and to the design and performance standards related to required mid-block alleys set forth in Section 270.2(e)(6); to allow for a maximum of three pedestrian bridges over a required mid-block alley, provided that the pedestrian bridges leave at least 70 feet of headroom, are no greater than 12 feet in width, are single story, and are situated no less than 50 feet apart. Notwithstanding subsection (vii)(b), pedestrian bridges provided pursuant to this subsection (vii)(f) shall be deemed obstructions permitted pursuant to Section 136, and POPOS area situated under any such pedestrian bridges shall count toward the total on-site POPOS area open to the sky.
g. Exception to the POPOS requirements set forth in Section 138, such that if any required off-site POPOS cannot reasonably be developed and open for use prior to issuance of a first certificate of occupancy for the phase of construction that triggers the off-site POPOS requirement, the project sponsor may either (1) post a performance bond in form and content acceptable to the Director of Planning so as to ensure completion of the off-site POPOS at a later date; or (2) satisfy the requirement for off-site POPOS by paying the in-lieu fee established in Section 426 for each square foot of required open space not provided on- or off-site, up to a maximum of 5,300 square feet.
h. Exception to the parking pricing requirements set forth in Section 155(g), such that the otherwise applicable parking rate structure shall not apply to Flower Mart tenants or Flower Mart customers.
i. Exception to the requirement to provide three square feet of Gross Floor Area for Residential Use for every square foot of Non-Residential Use on the portion of this Key Site zoned MUR, set forth in Sections 803.9(a) and 841, if there is a dedication and acceptance of land for affordable housing or other appropriate public use, as determined by the City. Notwithstanding Section 413.7, the land so dedicated shall be:
1. at least 14,000 square feet,
2. zoned to allow Residential Use,
3. approved by the Mayor’s Office of Housing and Community Development as an acceptable site for the development of affordable housing,
4. dedicated and accepted prior to issuance of the first Temporary Certificate of Occupancy for any building on the Key Site, and
5. located within the boundaries of either the Central SoMa, Eastern SoMa, or Western SoMa Area Plans.
k. If the Board of Supervisors has approved a development agreement for the project at this Key Site that provides for the relocation of, or funding for the relocation of, the existing on-site PDR use, the Planning Commission may grant the following exceptions:
1. Exception to the PDR and Community Building Space requirements in Section 249.78(c)(5); provided that the project shall be required to dedicate at least 23,000 square feet of on-site Community Building Space or PDR.
2. Exception to the PDR replacement requirements set forth in Section 202.8.
(4) Determination. In granting such exceptions, the Planning Commission shall determine that the provision of the proposed amenities and exceptions would meet the following criteria:
(A) The amenities and exceptions would, on balance, be in conformity with and support the implementation of the Goals, Objectives, and Policies of the Central SoMa Plan,
(B) The amenities would result in an equal or greater benefit to the City than would occur without the exceptions, and
(C) The exceptions are necessary to facilitate the provision of important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa.
(f) Hearing and Decision.
(1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this Section.
(2) Notice of Hearing. Notice of such hearing shall be provided as required by Section 333 of this Code.
(3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to Subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions pursuant to Subsection (d).
(4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove or approve subject to conditions, the project and any associated requests for exception. As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code.
(5) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Code or abuse of discretion on the part of the Planning Commission.
(6) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section.
(7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section.
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 102-16
, File No. 160346, App. 6/24/2016, Eff. 7/24/2016; Ord. 98-17, File No. 160281, App. 5/19/2017, Eff. 6/18/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 001-20, File No. 190681, App. 1/10/2020, Eff. 2/10/2020, Oper. 2/10/2020; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)
AMENDMENT HISTORY
Division (b) amended; new divisions (d)(9) and (d)(10) added and former division (d)(9) redesignated as (d)(11); Ord. 196-11
, Eff. 11/3/2011. Division (b) amended; Ord. 42-13
, Eff. 4/27/2013. Divisions (d)(2) and (d)(6) amended; former divisions (d)(9)(i)-(ii) redesignated as (d)(9)(A)-(B); division (d)(10) amended; former divisions (d)(10)(i)-(iii) redesignated as (d)(10)(A)-(C); Ord. 188-15
, Eff. 12/4/2015. New division (d)(6) added and former divisions (d)(6)-(11) redesignated as (d)(7)-(12); current division (d)(9) amended; Ord. 102-16
, Eff. 7/24/2016. Division (d)(7) amended; Ord. 98-17, Eff. 6/18/2017. Division (e)(2) amended; Ord. 179-18, Oper. 1/1/2019. Divisions (b) and (d)(12) amended; former divisions (b)(1)-(2) and (e)-(e)(7) redesignated as (b)(1)(A)-(B) and (f)-(f)(7), respectively; new divisions (b)(2)-(b)(2)(B), (d)(4), (d)(13), and (e)-(e)(4)(C) added; Ord. 296-18
, Eff. 1/12/2019. Division (e)(3)(A) amended; Ord. 251-19
, Eff. 12/16/2019. Divisions (e)(3)(B)(vii) and (e)(3)(B)(vii)c. amended; new divisions (e)(3)(B)(vii)e.-(e)(3)(B)(vii)k.3. added; Ord. 001-20
, Oper. 2/10/2020. Former division (d)(4) existing prior to Ord. 296-18 deleted; Ord. 47-21, Eff. 5/17/2021. Division (c) amended; former division (c)(9) redesignated as (c)(10) and amended; new division (c)(9) added; Ord. 70-23, Eff. 6/3/2023. Division (e)(3)(B)(vi) amended; Ord. 37-25, Eff. 5/4/2025.
SEC. 333. PUBLIC NOTIFICATION PROCEDURES.
(b) Applicability. The requirements of this Section 333 shall apply to any hearing before the Planning Commission, Historic Preservation Commission, and/or the Zoning Administrator for which public notice is required in this Code, except that the requirements set forth in Section 311 shall be applicable to certain applications as set forth in Section 311. The Zoning Administrator shall determine the means of delivering all forms of public notice, in a manner consistent with the Planning Commission’s policy on notification, provided that the requirements of this Section 333 are satisfied.
(c) Notification Period. For the purposes of this Section 333, the Notification Period shall mean no fewer than 20 calendar days prior to the date of the hearing, or in the case of a Building Permit Application a period of no fewer than 20 calendar days prior to any Planning Department approval of the application.
(d) Content of Notice.
(1) All notices provided pursuant to this Section 333 shall have a format and content determined by the Zoning Administrator, and shall at a minimum include the following:
(B) the Planning Department case number or Building Permit Application number, as applicable, for the subject project; and
(C) the basic details of the project, including whether the project is a demolition, new construction, alteration, or change of use; and basic details comparing the existing and proposed conditions at the property including building height, number of stories, dwelling unit count, number of parking spaces, and the use of the building; and
(D) instructions on how to access the online notice and plan sets for the project, including how to obtain paper copies of the plan sets, and additional information for any public hearings required by the Planning Code and for which public notification is required for a development application: the date, time and location of the hearing; instructions for how to submit comments on the proposed project to the hearing body; and an explanation as to why the hearing is required.
(2) Language Access.
(A) All forms of public notice provided pursuant to this Section 333 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
(B) The notices required by this Section 333 shall contain the information set forth in subsectionection1 (d)(1) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.
(e) Required Notices. Except as provided in subsection (f), all notices provided pursuant to this Section 333 shall be provided in the following formats:
(1) Posted Notice. A poster or posters with minimum dimensions of 11 x 17 inches, including the content set forth in subsection (d), shall be placed by the project applicant at the subject property for the entire duration of the Notification Period as set forth herein. This notice shall be in addition to any notices required by the Building Code, other City codes, or State law. One poster shall be required for each full 25 feet of each street frontage of the subject property. For example, two posters would be required for a 50 foot street frontage; three posters would be required for either a 75 foot frontage or a 99 foot frontage. Multiple posters shall be spread along the subject street frontage as regularly as possible. All required posters shall be placed as near to the street frontage of the property as possible, in a manner to be determined by the Zoning Administrator that is visible and legible from the sidewalk or nearest public right-of way. The requirements of this subsection (e)(1) may be modified upon a determination by the Zoning Administrator that a different location for the sign would provide better notice or that physical conditions make this requirement impossible or impractical, in which case the sign shall be posted as directed by the Zoning Administrator.
(2) Mailed Notice. Written notice with minimum dimensions of 5-1/2 x 8-1/2 inches, including the content set forth in subsection (d), shall be mailed to all of the following recipients in a timely manner pursuant to the Notification Period established herein:
(A) Neighborhood organizations that have registered with the Planning Department, to be included in a list that shall be maintained by the Planning Department and available for public review for the purpose of notifying such organizations of hearings and applications in specific areas;
(B) Individuals who have made a specific written request to be notified of hearings and applications at a subject lot; and
(C) All owners and, to the extent practicable, occupants of properties, within no less than 150 feet of the subject property, including the owner(s) and occupant(s) of the subject property, including any occupants of unauthorized dwelling units. Names and addresses of property owners shall be taken from the latest Citywide Assessor’s Roll. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action. The Zoning Administrator shall determine the appropriate methodology for satisfying this requirement. If applicable State law requires notice to be provided in a different manner, such notice will be provided consistent with applicable State requirements.
(3) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:
(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the content set forth in subsection (d) for the hearing or application; and
(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.
(f) Notice of Hearings for Legislative Actions. Notwithstanding the foregoing, for all hearings required for consideration of legislation, including but not limited to a Planning Code Amendment, Zoning Map Amendment, General Plan Amendment, or Interim Zoning Controls, an online notice shall be provided for the entire duration of the Notification Period established herein on a publicly accessible website that is maintained by the Planning Department, and shall include the date, time, and location of the hearing; the case number for the subject action; a general description of the subject and purpose of the hearing; and instructions for how to contact the planner assigned to the case and provide comment to the hearing body.
(1) Zoning Map Amendments and Interim Controls. Except as provided in subsection (f)(2), for any legislative proposal to reclassify property through a Zoning Map Amendment, or to establish Interim Zoning Controls, if the area to be reclassified or the area in which the interim controls are applicable is 30 acres or less in total area, excluding the area of public streets and alleys, the information specified in this subsection (f) shall be provided in a mailed notice consistent with the requirements of subsection (d), and the notices shall also include a map or general description of the area proposed for reclassification or action. For any legislative proposal to reclassify property through a Zoning Map Amendment, if the area to be reclassified comprises a single development lot or site, the required information shall also be provided in a posted notice consistent with the requirements of subsection (d).
(2) Housing Element Rezoning. This subsection (f)(2) applies to any legislative proposal to reclassify property through a Planning Code amendment and/or Zoning Map amendment intended to comply with the City’s Housing Element obligation to create sufficient capacity, pursuant to California Government Code Section 65583(c), as may be amended from time to time.
(A) For any such proposal, the Department shall provide 30 days mailed notice consistent with the requirements of subsection (d). The mailed notice shall consist of a postcard or similar mailer with minimum dimensions of 5.5 x 8.5 inches, and that uses clear and legible fonts. The mailed notice shall include a website address and digital response code where the public can access the following:
(i) A map of the Department’s Draft Citywide Rezoning Proposal showing all parcels to be reclassified with increased height and density limits.
(ii) Sample images showing representative comparisons of the proposed height and density limits to the existing height and density limits, including a general depiction of the parcels proposed to be rezoned in the neighborhood.
(iii) A general description of the legislative process, information on how to submit comments to the Planning Department or Commission, and how to obtain additional information, and/or information on how to request a meeting with the Planning Department.
(iv) The mailed notice must include the following statement: “NOTICE OF POTENTIAL REZONING OF HEIGHT AND/OR DENSITY: A proposed rezoning may increase the height and/or density limits of your property or others in your neighborhood. Learn more by scanning the QR Code or visit our website listed below. Information on the proposal is also available in person at the Planning Department Counter, 2nd Floor, 49 South Van Ness Avenue.”
(B) Within 30 days of the effective date of the ordinance in Board File 241210, enacting this subsection (f)(2), the Department shall maintain a website that includes: the map referenced in subsection (f)(2)(A)(i); the mailed notice statement referenced in subsection (f)(2)(A)(iv); an interactive function where users can compare the existing and proposed zoning by address; and renderings showing the existing conditions along with images of the height and bulk of the potential new development.
(C) In addition to the recipients listed in subsection (e)(2), the notice required by this subsection (f)(2) shall be mailed to the property owners, residents, and commercial lessees, of properties that are either within the areas subject to the proposed rezoning or within a distance of 300 feet of the exterior boundaries of such areas. Failure to send notice by mail to any such property owner, resident, or commercial lessee shall not invalidate any proceedings in connection with the rezoning.
(D) Notwithstanding subsection (g), the requirements of this subsection (f)(2) may not be waived by the Zoning Administrator.
(g) Elimination of Duplicate Notice. The notice provisions of this Section 333 may be waived by the Zoning Administrator for applications that have been, or prior to any approval will be, the subject of an otherwise duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the application is required is both substantially included in the hearing notice and was the subject of the hearing.
(h) Newspaper Notice. If newspaper notice is required by applicable State law, the City shall provide such newspaper notice.
AMENDMENT HISTORY
Divisions (a), (b), (c), (d)(1), (d)(2)(B), (e)- (e)(2)(B), (e)(3)(A), and (g) amended; division (f) amended as (f)-(f)(1); divisions (f)(2)-(f)(2)(D) added; Ord. 64-25, Eff. 6/9/2025.
CODIFICATION NOTE
1. So in Ord. 64-25.
SEC. 334. HOUSING CHOICE-SAN FRANCISCO PROJECT AUTHORIZATION.
(b) General Process.
(1) Application. An HC-SF Project shall apply through the Planning Department’s procedures for Development Applications and review. An HC-SF project application shall be submitted with and processed concurrently with all other applications. The HC-SF project application shall be submitted on a form prescribed by the Department, and shall include all of the following information:
(i) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, and the number of and location of affordable units as applicable; and a draft Regulatory Agreement, if the project elects to subject units to the Rent Stabilization Ordinance under Section 206.10(c)(1);
(ii) Except as noted in subsection (iii), demonstration of compliance with the Planning Code and provisions of the HC-SF Program, including any permitted zoning modifications;
(iii) Requested Major Modifications under subsection (d).
(2) Procedures. The review of an HC-SF Project shall be conducted as part of, and incorporated into, a Development Application. Where there is a conflict, the provisions of Section 206.10 shall govern. Unless modified by Section 206.10, if a project requires a conditional use authorization, or any other entitlement that requires a public hearing before the Planning Commission and/or the Historic Preservation Commission, the HC-SF Project shall be reviewed by the Planning Commission and/or the Historic Preservation Commission, as applicable.
(3) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an HC-SF Project, the Planning Commission shall not hold a public hearing for discretionary review of an HC-SF that is subject to this Section 334.
(A) Sponsors of HC-SF Projects that elect to comply with the provisions of Section 206.10(c)(1) shall enter into a regulatory agreement with the City subjecting all units, except for any units required to be Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval (“Regulatory Agreement”).
(B) The property owner and the Planning Director, or the Director’s designee, on behalf of the City, will execute the Regulatory Agreement, which is subject to review and approval by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded in the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest.
(C) At a minimum, the Regulatory Agreement shall contain the following:
(i) A description of the total number of Dwelling Units approved, including the number of units subject to the Rent Stabilization and Arbitration Ordinance and other restricted units, if any, and the location, square footage of Dwelling Units, and number of bedrooms in each unit;
(ii) A statement that the Dwelling Units are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.). Further, that under Section 1954.52(b), the property owner has entered into and agreed to the terms of the agreement with the City in consideration for an exception from residential density limits, or other direct financial contribution or other forms of assistance specified in California Government Code Section 65915 et seq.;
(iii) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and
(iv) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement; and,
(v) An agreement that any lease, sublease, or other agreement regarding tenancy of units not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) shall include the following text: “This unit is a rental unit subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance.”
(5) Other Agreements. HC-SF Projects that provide on-site affordable units under Section 415 et seq. or other state or local program that requires or allows the provision of on-site affordable units, shall comply with any applicable recording or regulatory agreement requirement of that state or local program.
(6) Timeline of Review. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, review of an HC-SF Project not seeking a Major Modification under this Section 334 shall be completed within 180 days of submittal of a complete Development Application. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, the Planning Commission shall hold a public hearing for projects seeking a Major Modification within 180 days of submittal of a complete project application.
(c) Administrative Review. The Planning Department shall administratively review an HC-SF Project, unless the Project seeks a Major Modification pursuant to subsection (d), or any HC-SF Project that is a 100% Affordable HC-SF Project. The Planning Department’s determination regarding an HC-SF Project under this subsection (c) shall not be appealable. Nothing in this Section 334 abrogates permit, license, or other requirements codified outside the Planning Code.
(d) Projects Seeking Major Modifications to Standards and Requirements. An HC-SF Project may seek a Major Modification using the process in this subsection (d).
(1) Definition. A “Major Modification” means any deviation from any quantitative standard in the Planning Code or any applicable Objective Standard not otherwise provided in Section 206.10(d) through (e). A project seeking a Major Modification to an Objective Standard shall not be considered code compliant.
(2) Additional Modifications. HC-SF Projects seeking Major Modifications pursuant to this subsection (d) may also pursue additional modifications that are not Major Modifications under the provisions elsewhere in this Code.
(3) Exclusions. In no case may an HC-SF Project receive a Major Modification or other exception under any provision of this Code to the following requirements: maximum building height; maximum permitted accessory off-street parking amounts; wind standards; minimum density requirements; Floor Area Ratio limits; any standard set forth in Articles 1.7, 3, 3.5, 4, 10, and 11 of the Planning Code; definitions; permitted land uses; the Transportation Demand Management Program under Section 169; dwelling unit mix; and any standard or provision adopted by the voters.
(4) Required Findings for Major Modifications. To grant a Major Modification, the Planning Commission shall find: (a) that the proposed modification achieves equal or superior design quality, and (b) the project would provide a significant community benefit by producing housing near transit, or otherwise promote the general welfare.
(5) Conditions of Approval. The Planning Commission may adopt conditions of approval for granted modification(s). Such conditions shall be limited to addressing the potential impact of such granted modification(s).
(6) Process for Applicants Seeking Major Modifications.
(A) Decision. The Planning Commission, at a noticed public hearing, shall review, and approve, disapprove, or approve with conditions, a request for a Major Modification. The Planning Commission shall find that the proposed Major Modification(s) meet the criteria in subsection (d)(4). As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to mitigate the effect of the requested modification(s) and thereby achieve the objectives, policies, and intent of the General Plan and/or applicable Objective Standards.
(B) Notification. Notice of a hearing required by subsection (6)(A) shall be provided in accordance with Planning Code Section 333.
(e) Notification and Record of Decision. Notification and record of decision of an HC-SF Project shall be provided as set forth in the Planning Department procedures for review and approval of Development Applications.
(f) Change of Conditions. Once a project is approved, a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section 334.
(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
SEC. 340. GENERAL PLAN AMENDMENTS.
(a) General Description. On July 1, 1996, the effective date of the revised Charter, the Master Plan of the City and County of San Francisco adopted by the Planning Commission prior to July 1, 1996, shall be known as the General Plan and shall consist of goals, policies and programs for the future physical development of the City and County of San Francisco that take into consideration social, economic and environmental factors. Any amendments to the General Plan proposed on or after July 1, 1996, shall be adopted by the Planning Commission and recommended for approval or rejection by the Board of Supervisors subject to the following provisions and procedures.
(b) Purpose. The General Plan shall be periodically amended in response to changing physical, social, economic, environmental or legislative conditions.
(c) Initiation. An amendment may be initiated by a resolution of intention by the Planning Commission in response to a request by a member of the Planning Commission, the Board of Supervisors, or an application by one or more property owners, residents or commercial lessees or their authorized agents. A resolution of intention adopted by the Planning Commission shall refer to, and incorporate by reference, the proposed General Plan amendment.
(d) Determination. The Planning Commission shall hold a hearing on the proposed amendment. In developing their recommendation, the Commission shall consult with commissions and elected officials. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall adopt such amendment or part, and otherwise it shall reject the same. Rejection of the proposed amendment by the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors. If adopted by the Planning Commission in whole or in part, the proposed amendment shall be presented to the Board of Supervisors, together with a copy of the resolution of adoption. If the Board of Supervisors fails to act within 90 days of receipt, the amendment shall be deemed approved. The Board of Supervisors may approve or reject such amendment by a majority vote.
(Added by Ord. 321-96, App. 8/8/96)
SEC. 341.5. MARKET AND OCTAVIA COMMUNITY ADVISORY COMMITTEE.
(a) Purpose. Within 6 months of adoption of the Market and Octavia Area Plan and related planning code changes, the Board of Supervisors shall establish a Community Advisory Committee (CAC) The CAC will be advisory, as appropriate, to the Planning Director, the Interagency Plan Implementation Committee, the Planning Commission, and the Board of Supervisors. The CAC may perform the following functions as needed;
(1) Collaborate with the Planning Department and the Inter-Agency Plan Implementation Committee on prioritizing the community improvement projects and identifying implementation details as part of annual expenditure program that is adopted by the Board of Supervisors;
(2) Provide an advisory a role in a report-back process from the Planning Department on enforcement of individual projects' compliance with the Market and Octavia Area Plan standards and specific conditions of project approvals, including the specific first-source hiring requirements for the Plan Area such that those agreements will be more effectively implemented;
(3) Collaborate with the Planning Department in updating the community improvements program at a minimum of every fifth year in coordination with relevant City agencies; Providing input to Plan area monitoring efforts for required time-series reporting.
(b) Representation. The Board of Supervisors shall appoint 2/3 of the committee members and the Mayor shall appoint 1/3 of the committee members on the CAC. Both the Board and the Mayor shall appoint members that represent the diversity of the plan area. The Citizens Advisory Committee shall be comprised of 9 community members from varying geographic, socio-economic, ethnic, racial, gender, and sexual orientations living or working within the plan area. At a minimum, there must be one representative from each of the geographic areas of the Plan Area. Two members of the Citizens Advisory Committee may live or work in the Market and Octavia Plan Area Boundary or within 1,250 feet of the plan area boundary. The CAC should adequately represent key stakeholders including resident renters, resident homeowners, low-income residents, local merchants, established neighborhood groups within the plan area, and other groups identified through refinement of the CAC process. Each member shall be appointed by the Board and will serve for two-year terms, but those terms shall be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member’s term. be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member's term.
The Planning Department or Interagency Plan Implementation Committee shall designate necessary staffing from relevant agencies to the CAC, as needed to complete the CAC's responsibilities described in this Code. To the extent permitted by law, staffing for the CAC shall be funded through the Market & Octavia Community Improvements Fund administration fees.
(c) This Section 341.5 shall automatically terminate six months after this Ordinance No. 188-25, in Board of Supervisors File No. 250680 becomes effective, unless the Board of Supervisors extends it. After that date, the City Attorney is authorized to cause this Section 341.5 to be removed from the Planning Code.
AMENDMENT HISTORY
SEC. 343. CENTRAL SOMA HOUSING SUSTAINABILITY DISTRICT.
(a) Purpose. This Section 343 establishes a Housing Sustainability District within the Central SoMa Plan Area (“Central SoMa Housing Sustainability District” or “Central SoMa HSD”) under California Government Code Sections 66200 et seq. The purpose of the Central SoMa Housing Sustainability District is to encourage the provision of on-site affordable housing in new residential and mixed-use projects in Central SoMa by providing a streamlined, ministerial approval process for such projects. The Central SoMa Plan anticipates that 33% of all new residential units produced within the Plan Area will be permanently affordable to households of very low, low, or moderate income. This Section 343 sets forth eligibility criteria, design review standards, and entitlement and approval procedures for projects seeking approval pursuant to the requirements of the Central SoMa Housing Sustainability District.
(b) Geography. The Central SoMa Housing Sustainability District shall include all parcels within the Central SoMa Special Use District, which is defined in Section 249.78(b). The entirety of the Central SoMa Special Use District is an “eligible location,” as that term is defined in California Government Code Section 66200(e).
(c) Relationship to Other Planning Code Provisions. Except as otherwise provided in this Section 343, all provisions of the Planning Code, including Section 249.78, that would be applicable to projects approved pursuant to this Section 343 shall apply to such projects. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control.
(d) Eligibility. Projects seeking approval pursuant to this Section 343 shall meet all of the following requirements:
(1) The project is located in a zoning district that principally permits residential uses.
(2) The project proposes no less than 50 dwelling units per acre, and no more than 750 dwelling units per acre.
(3) A majority of the project’s gross square footage is designated for residential uses. All non-residential uses must be principally permitted in the underlying zoning district and any applicable special use district(s), and may not include greater than 24,999 gross square feet of office space that would be subject to the annual limit on office development set forth in Sections 321 et seq.
(4) The project does not exceed a height of 160 feet, except that any project whose principal use is housing, where all such housing is restricted for a minimum of 55 years as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093, shall be deemed to satisfy this subsection (c)(4) regardless of height.
(5) If the project sponsor seeks a density bonus pursuant to California Government Code Section 65915 et seq., the project sponsor demonstrates to the satisfaction of the Planning Department that the project would not result in a significant shadow impact.
(6) The project is not located on a lot containing a structure listed as a designated landmark pursuant to Article 10 of the Planning Code or a contributory or significant structure pursuant to Article 11 of the Planning Code.
(7) The project complies with the following affordability requirements, as applicable:
(8) The project does not demolish, remove, or convert to another use any existing dwelling unit(s).
(9) The project complies with all applicable zoning and any adopted design review standards.
(10) The project sponsor complies with all Mitigation Measures in the Central SoMa Environmental Impact Report (Central SoMa EIR) that the Planning Department determines are applicable to the project.
(11) The project sponsor certifies that the project will comply with all applicable requirements of California Government Code Section 66201(f)(4).
(12) The project shall comply with Government Code Section 66201(f)(5).
(13) A project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence.
(e) Approving Authority. The Planning Department is the approving authority designated to review permit applications for compliance with this Section 343.
(f) Application.
(1) Prior to submittal of an application for required approvals from the Planning Department, a project sponsor seeking to apply pursuant to this Section 343 shall submit an application for a preliminary project assessment (PPA), pursuant to Planning Department procedures.
(2) In addition to any requirements under other provisions of this Code for submittal of application materials, an application under this Section 343 shall be submitted to the Department on a form prescribed by the Department and shall include at minimum the following materials:
(A) A full plan set, including site plan, elevations, sections, and floor plans, showing total number of units, and number of and location of units affordable to very low or low income households;
(B) All documentation required by the Department in its response to the project sponsor’s previously-submitted PPA application;
(C) Documentation sufficient to support determinations that:
(i) the project meets all applicable zoning and any adopted design review standards;
(ii) the project sponsor will implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project, including but not limited to the following:
a. An agreement to implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project; and
b. Scope(s) of work for any studies required as part of any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project. An application pursuant to this Section 343 shall not be deemed complete until such studies are completed to the satisfaction of the Environmental Review Officer.
(iii) the project sponsor will comply with subsections (d)(10) and (d)(11) of this Section 343.
(1) Hearing. The Planning Department shall conduct an informational public hearing for all projects that are subject to this Section 343 within 100 days of receipt of a complete application, as defined in subsection (f).
(2) Decision. Within 120 days of receipt of a complete application, as defined in subsection (f), the Planning Director or the Director’s designee shall issue a written decision approving, disapproving, or approving subject to conditions, the project. The applicant and the Department may mutually agree to extend this 120-day period. If no written decision is issued within 120 days of the Department’s receipt of a complete application, or within the period mutually agreed upon by the Department and applicant, the project shall be deemed approved. The Planning Director or the Director’s designee shall include any certifications required by California Government Code Section 66205(e) in a copy of the written decision.
(3) Grounds for Permit Denial. The Department may deny a Central SoMa HSD project application only for one or more of the following reasons:
(A) The proposed project does not fully comply with this Section 343, including but not limited to meeting all adopted design review standards and demonstrating compliance with all applicable Mitigation Measures in the Central SoMa EIR that the Department determines are applicable to the project.
(B) The project sponsor has not submitted all of the information or paid any application fee required by this Section 343 and necessary for an adequate and timely design review or assessment of potential impacts on neighboring properties.
(C) The Department determines, based upon substantial evidence in light of the whole record of the public hearing on the project, that a physical condition on the site of development that was not known and could not have been discovered with reasonable investigation at the time the application was submitted would have a specific adverse impact upon the public health or safety and that there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection (g)(3)(C), “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on identified objective written public health or safety standards, policies, or conditions, as in existence at the time the application is deemed complete.
(5) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 343
. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 343
, the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 343
.
(6) Expiration of approval. Approval of a project pursuant to this Section 343
shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 30 months of the date of the Department’s issuance of a written decision pursuant to subsection (g)(2) of this Section 343
. If the Planning Director finds that the project sponsor has demonstrated good faith in its efforts to obtain the first site or building permit for the project, the Planning Director may extend the approval for the project for a maximum of six additional months. Such deadline shall additionally be extended in the event of any appeal of such approval for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.
(h) Design Review Standards. Projects subject to this Section 343
shall be reviewed for compliance with the design standards set forth in the San Francisco Urban Design Guidelines and the Central SoMa Plan’s Guide to Urban Design, which are on file with the Planning Department, as approved by the California Department of Housing and Community Development.
(i) District Affordability Requirement. At the request of the California Department of Housing and Community Development, the Planning Department shall demonstrate that at least 20% of the residential units constructed in the Central SoMa Housing Sustainability District during the life of the District and pursuant to this Section 343
will be affordable to very low, low-, and moderate-income households and subject to a recorded affordability restriction for at least 55 years.
(j) Monitoring and Enforcement. The Planning Department shall include, as conditions of approval of all projects approved pursuant to this Section 343
, monitoring and enforcement provisions to ensure that the project meets all labor and wage requirements and complies with all identified applicable mitigation measures. Projects found to be in violation of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176.1 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176.1(c). Conditions of approval shall include, but are not limited to:
(1) A project sponsor shall submit weekly reports to the Office of Labor Standards Enforcement, certifying that a project approved pursuant to this Section 343 is complying with subsections (d)(11) and (d)(12), if applicable to the project. Projects found to be in violation of subsections (d)(11) and (d)(12) shall be subject to penalties pursuant to Section 1741 of the Labor Code, in addition to any penalties assessed pursuant to Section 176.1 of this Code. All penalties shall be paid prior to issuance of the project’s First Certificate of Occupancy.
(2) The Planning Department shall monitor compliance with Central SoMa EIR Mitigation Measures.
(3) The Planning Department shall monitor and report the construction of affordable housing units under the Central SoMa Housing Sustainability District in its annual Housing Inventory, which shall include the following information:
(A) Number of projects approved pursuant to this Section 343.
(B) Number of projects under construction pursuant to approvals obtained under this Section 343.
(C) Number of projects completed pursuant to approvals obtained under this Section 343.
(D) Number of dwelling units within projects completed pursuant to approvals obtained under this Section 343.
(E) Number of dwelling units affordable to very low, low, moderate, and middle income households within projects completed pursuant to approvals obtained under this Section 343.
(k) Operative and Sunset Dates.
(1) This Section 343 shall become operative upon receipt of preliminary approval by the California Department of Housing and Community Development under California Government Code Section 66202 (“Operative Date”).
(3) Upon the expiration of this Section 343, the City Attorney shall cause this Section 343 to be removed from the Planning Code. Pursuant to Government Code Section 66205(b), this Section 343 shall govern the processing and review of any complete application submitted pursuant to this Section 343 prior to the Sunset Date.
(Added by Ord. 281-18, File No. 180453, App. 12/7/2018, Eff. 1/7/2019, Oper. 1/7/2019)
SEC. 344. HOUSING CHOICE HOUSING SUSTAINABILITY DISTRICT.
(a) Purpose. This Section 344 establishes the Housing Choice - San Francisco Housing Sustainability District (“HSD”) under California Government Code Sections 66200 et seq. The purpose of the HSD is to encourage the development of on-site affordable housing in new residential and mixed-use projects by providing a streamlined, ministerial approval process for such projects. This Section 344 sets forth eligibility criteria, design review standards, and entitlement and approval procedures for projects seeking approval pursuant to the HSD.
(b) Geography. The HSD shall be comprised of all parcels, other than those zoned as RH or RM, in the R-4 Height and Bulk District.
(c) Relationship to Other Planning Code Provisions. Except as otherwise provided in this Section 344, the Planning Code shall apply to projects approved pursuant to this Section 344. In the event of a conflict between other provisions of the Planning Code and this Section 344, this Section shall control.
(d) Eligibility. Projects seeking approval pursuant to this Section 344 shall meet all of the following requirements:
(1) The project is located in a zoning district where Residential uses are principally permitted.
(2) For Dwelling Unit projects, the project’s residential density is no less than 50 Dwelling Units per acre, and no more than 1,000 Dwelling Units per acre.
(3) At least one-half of the project’s Gross Floor Area is designated for Residential uses. All proposed Non-Residential uses must be principally permitted in the underlying zoning district and any applicable SUD(s). The project shall not include more than 24,999 square feet of Gross Floor Area of Office use that would be subject to the annual limit on office development set forth in Sections 321 et seq.
(4) The project does not demolish or substantially alter a historic resource that is: designated as a landmark or listed as a contributor to or located within a historic district under Article 10; listed as a Significant or Contributory Building under Article 11; listed in the California Register of Historical Resources or the National Register of Historic Places; identified in an adopted survey or historic context statement as potentially eligible for individual listing in the California Register of Historical Resources or the National Register of Historic Places; or, located within an historic district that is listed in, or identified in an adopted survey or historic context statement as potentially eligible for listing in, the California Register of Historical Resources or the National Register of Historic Places.
(5) Consistent with California Government Code Section 66201(f), the project shall provide no less than 10% of dwelling units as units affordable to very low or low income households. A project subject to Section 415 may apply any such affordable units towards its compliance with Section 415. Projects not subject to Section 415 shall enter into a regulatory agreement with the City to restrict the affordability of any such units for no less than 55 years.
(6) The project does not demolish, remove, or convert to another use any existing Dwelling Unit(s), or Residential Flat.
(8) The project sponsor complies with all applicable mitigation measures in the Housing Element 2022 Update Environmental Impact Report (“Housing Element EIR”).
(9) The project sponsor certifies that the project will comply with all applicable requirements of California Government Code Section 66201(f)(4).
(10) The project complies with the requirement of Government Code Section 66201(f)(5).
(11) The project provides relocation assistance to any displaced residential tenants.
(12) A project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence.
(13) The project does not demolish or convert any portion of a Hotel.
(e) Approving Authority. The Planning Department is the approving authority designated to review permit applications for compliance with this Section 344.
(f) Application. In addition to any requirements under other provisions of this Code for submittal of application materials, an application under this Section 344 shall be submitted to the Department on a form prescribed by the Department and shall not be considered complete until the project sponsor has provided all of the following:
(1) A full plan set, including site plan, elevations, sections, and floor plans, showing total number of units, and number of and location of units affordable to very low or low income households;
(2) All documentation required by the Planning Department and sufficient to support determinations that:
(A) The project meets all applicable zoning and any Objective Standards.
(B) The project sponsor will implement any and all mitigation measures in the Housing Element EIR that the Environmental Review Officer determines are applicable. The project sponsor shall submit scope(s) of work for any studies required as part of any mitigation measure, and the application shall not be deemed complete until such studies are completed to the satisfaction of the Environmental Review Officer.
(C) The project will comply with subsections (d)(10) and (d)(11) of this Section 344.
(g) Decision and Hearing. The Department shall ministerially approve projects that meet all the requirements in this Section 344, as follows:
(1) Hearing. The Planning Department shall conduct an informational public hearing for all projects that are subject to this Section 344 within 100 days of receipt of a complete application, as set forth in subsection (f).
(2) Decision. Within 120 days of receipt of a complete application, as set forth in subsection (f), the Planning Director or the Director’s designee shall issue a written decision approving, disapproving, or approving subject to conditions, the project. The applicant and the Department may mutually agree to extend this 120-day period. If no written decision is issued within 120 days of the Department’s receipt of a complete application, or within the period mutually agreed upon by the Department and applicant, the project shall be deemed approved. The Planning Director or the Director’s designee shall include any certifications required by California Government Code Section 66205(e) in a copy of the written decision.
(3) Grounds for Permit Denial. The Department may deny an HSD project application only for one or more of the following reasons:
(A) The proposed project does not fully comply with this Section 344, including but not limited to meeting all adopted Objective Standards and/or implementing all mitigation measures in the Housing Element EIR that the Department determines are applicable.
(B) The project sponsor has not submitted all of the information or paid any application fee required by this Section 344 and necessary for an adequate and timely design review or assessment of potential impacts on nearby properties.
(C) The Department determines, based upon substantial evidence in light of the whole record of the public hearing on the project, that a physical condition on the site of development that was not known and could not have been discovered with reasonable investigation at the time the application was submitted would have a specific adverse impact upon the public health or safety and that there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection (g)(3)(C), “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on identified objective written public health or safety standards, policies, or conditions, in existence at the time the application was deemed complete.
(4) Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this Section 344 shall be as set forth in Section 8 of the Business and Tax Regulations Code.
(5) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department for projects subject to this Section 344. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for projects subject to this Section 344, the Planning Commission shall not hold a public hearing for discretionary review of projects subject to this Section 344.
(6) Progress Requirement. Approval of a project pursuant to this Section 344 shall expire if the project sponsor has not procured a building permit or site permit for construction of the project within 30 months of the date of the Department’s issuance of a written decision pursuant to subsection (g)(2). If the Planning Director or the Director’s designee finds that the project sponsor has demonstrated good faith in its efforts to obtain the first site or building permit for the project, the Planning Director or designee may extend the approval for the project for a maximum of six additional months. Such deadline shall additionally be extended in the event of any appeal of such approval for the duration of the appeal, and in the event of litigation seeking to invalidate the approval for the duration of the litigation.
(h) Design Review Standards. Projects subject to this Section 344 shall be reviewed for compliance with the design standards set forth in the Planning Code and any Objective Standards.
(i) District Affordability Requirement. At the request of the California Department of Housing and Community Development, the Planning Department shall demonstrate that at least 20% of the residential units constructed in the HSD during the life of the District and pursuant to this Section 344 will be affordable to very low, low, and moderate-income households and subject to a recorded affordability restriction for at least 55 years.
(j) Monitoring and Enforcement. The Planning Department shall include, as conditions of approval of all projects approved pursuant to this Section 344, monitoring and enforcement provisions to ensure that the project meets all applicable labor and wage requirements and complies with all identified applicable mitigation measures. Projects found to be in violation of any of these conditions shall be subject to the Administrative Enforcement Procedures in Section 176 of this Code, including initiation of abatement proceedings or referral to the City Attorney or District Attorney for prosecution, if not corrected within 90 days of service of any notice of violation issued under Section 176(b)(1). Conditions of approval shall include, but are not limited to:
(1) A project sponsor shall submit weekly reports to the Office of Labor Standards Enforcement, certifying that a project approved pursuant to this Section 344 is complying with subsections (d)(11) and (d)(12), if applicable to the project. Projects found to be in violation of subsections (d)(11) and (d)(12) shall be subject to penalties pursuant to Section 1741 of the Labor Code, in addition to any penalties assessed pursuant to Section 176 of this Code. All penalties shall be paid prior to issuance of the project’s First Certificate of Occupancy, as defined in Section 401 of this Code.
(2) The Planning Department shall monitor compliance with the Housing Element EIR mitigation measures for projects approved under the HSD.
(3) The Planning Department shall monitor and report the construction of affordable housing units under the HSD in its annual Housing Inventory, which shall include the following information:
(A) Number of projects approved pursuant to this Section 344.
(B) Number of projects under construction pursuant to approvals obtained under this Section 344.
(C) Number of projects completed pursuant to approvals obtained under this Section 344.
(D) Number of Dwelling Units or Group Housing beds within projects completed pursuant to approvals obtained under this Section 344.
(E) Number of Dwelling Units affordable to very low, low, moderate, and middle income households within projects completed pursuant to approvals obtained under this Section 344.
(k) Operative and Sunset Dates.
(1) This Section 344 shall become operative upon confirmation of approval by the California Department of Housing and Community Development under California Government Code Section 66202(c) (“Operative Date”).
(2) This Section 344 shall expire by operation of law seven years from the Operative Date, unless this Section 344 is renewed by ordinance pursuant to Government Code Section 66201(g), in which case this Section 344 shall expire on the date specified in that ordinance (“Sunset Date”). Upon the expiration of this Section 344, the City Attorney shall cause this Section 344 to be removed from the Planning Code. Pursuant to Government Code Section 66205(b), this Section 344 shall govern the processing and review of any complete application submitted pursuant to this Section 344 prior to the Sunset Date.
(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)
SEC. 306.1. APPLICATIONS AND FILING FEES.
(a) Who May Initiate. The persons and agencies that may file or otherwise initiate actions for amendments to the Planning Code, conditional uses and variances are indicated in Sections 302 through 305. The persons and agencies that may file or otherwise initiate actions for amendments to the General Plan are indicated in Section 340.
(b) Where To File. Applications shall be filed in the office of the Planning Department.
(c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. All applications shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with their application the information needed for the preparation and mailing of notices as specified in Section 306.3, and the information required by subsection 317(j). In addition to any other information required by the Planning Department, Zoning Administrator, and Planning Commission, an applicant for a conditional use authorization or variance who proposes a commercial use for the subject property shall disclose the name under which business will be, or is expected to be, conducted at the subject property, if such name is known at the time of application. The term “known” shall mean actual, not imputed knowledge, and shall consist of direct evidence including but not limited to a contract of sale, lease, or rental, or letter of intent or agreement, between the applicant and a commercial entity. If the business name becomes known to the applicant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name. All applications must disclose whether there are existing residential uses and non-residential uses, and disclose the presence of any residential or non-residential tenants, located at the subject property at the time the application is submitted.
(d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or their authorized agent attesting to the truth and correctness of all facts, statements and information presented. All applications shall include the following statement: “The information contained in this application is true and complete to the best of my knowledge, based upon diligent inquiry. This application is signed under penalty of perjury. I understand that willful or material misstatement(s) or omissions in the application may result in the cancellation of the application and a lapse of time before the application may be resubmitted.” The Zoning Administrator may cancel any Development Application as inaccurate and may require the applicant to re-file the application where the Zoning Administrator determines that the application includes material misstatements or omissions; provided, however, where the material misstatements or omissions relate to the presence or number of Unauthorized Dwelling Units or tenants on the property, the Zoning Administrator shall cancel any development application as inaccurate and shall require the applicant to re-file the application. Such cancellation shall not be considered to be a denial of the application on its merits. Where the Zoning Administrator determines that such material misstatements or omissions were made willfully, the Zoning Administrator may require that the applicant wait up to six months before re-filing an application for substantially the same project. The Zoning Administrator’s action in this regard may be appealed to the Board of Appeals pursuant to Section 308.2 of this Code.
(e) Fees. Before accepting any application for filing, the Planning Department shall charge and collect a fee as specified in Article 3.5 or Article 3.5A of this Code.
AMENDMENT HISTORY
SEC. 306.2. SCHEDULING OF HEARINGS.
When an action for an amendment to the Planning Code, conditional use or variance has been initiated by application or otherwise, except as provided by Sections 316.2 through 316.5, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period. In the case of an application for a variance, such period shall not exceed 30 days from the date upon which the application is accepted for filing. The procedures for scheduling of hearings and determinations on conditional use applications where such authorization is required in any South of Market District or Eastern Neighborhoods Mixed Use District, or pursuant to zoning categories .10, .11, .21, .24 through .27, .38 through .90, and .95 of Sections 710 through 729 for each Neighborhood Commercial District, are set forth in Sections 316.2 through 316.8 of this Code. When an action for an amendment to the General Plan has been initiated by the Planning Commission, the Planning Department shall set a time and place for a hearing thereon within a reasonable period.
(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 321-96, App. 8/8/96; Ord. 298-08, File No. 081153, App. 12/19/2008)
SEC. 306.3. NOTICE OF HEARINGS.
(See Interpretations related to this Section.)
(a) Except as indicated in subsection (b) below, notice of the time, place and purpose of the hearing on action for an amendment to the Planning Code or General Plan, Conditional Use or a Variance shall be given by the Zoning Administrator pursuant to the requirements of Section 333 of this Code.
(b) In the following situations, notice of hearings shall be given as indicated.
(1) In the case of Variance applications involving a less than 10% deviation as described in Section 305(c), the Zoning Administrator need give only such notice as the Zoning Administrator deems appropriate in cases in which a hearing is actually held.
AMENDMENT HISTORY
SEC. 306.4. CONDUCT OF HEARINGS.
(a) Reports and Recommendations. In all actions for amendments to the Planning Code or General Plan or conditional uses, the Zoning Administrator or the Planning Department shall make necessary investigations and studies and submit the findings to the Director of Planning prior to the hearing of the Planning Commission, or in actions on conditional use applications in NC Districts, prior to the consent calendar or public hearing of the Commission. The report and recommendation of the Director of Planning shall be submitted at least one week prior to the hearing.
(b) Record. A record shall be kept of the pertinent information presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Planning Department. A verbatim record may be made if permitted or ordered by the Planning Commission in the case of actions for amendments or conditional uses, and by the Zoning Administrator in the case of variance actions.
(c) Continuations. The Planning Commission in the case of actions for amendments or conditional uses, and the Zoning Administrator in the case of variance actions, shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing.
(1) In the case of variances, the decision of the Zoning Administrator shall, unless deferred upon the request or consent of the applicant, be rendered within 60 days from the date of conclusion of the hearing or, where no hearing is involved, within 60 days from the date of filing; failure of the Zoning Administrator to act within the prescribed time shall entitle the applicant to cause the matter to be placed before the Planning Commission for decision at its next following regular meeting.
(2) In the case of actions for amendments to the Planning Code or conditional uses, the decision of the Planning Commission shall be rendered within 90 days from the date of conclusion of the hearing; failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval.
(3) In the case of proposed amendments to the Planning Code initiated by the Board of Supervisors under Section 302(b), or modifications to proposed amendments made by the Board under Section 302(d) of this Code, the decision of the Planning Commission shall be rendered within 90 days from the date of referral of the proposed amendment or modification by the Board to the Commission. Failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval, except that the Board may, by resolution, extend the prescribed time within which the Commission is to render its decision.
(Amended by Ord. 237-81, App. 5/8/81; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96)
SEC. 306.5. RECONSIDERATION.
(a) Whenever any application for an amendment to the Planning Code or General Plan, conditional use or variance, or any part thereof, has been disapproved by the Planning Commission or Zoning Administrator, or by the Board of Supervisors or the Board of Appeals on appeal as described in Section 308, no application proposing an amendment, conditional use or variance, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the Planning Commission or Zoning Administrator within a period of one year from the effective date of final action upon the earlier application.
(Added by Ord. 235-68, App. 8/7/68; amended by Ord. 321-96, App. 8/8/96)
SEC. 306.6. INITIATION OF AMENDMENTS.
Amendments initiated by the City Planning Commission or the Board of Supervisors and proposed modifications to text amendments referred to the City Planning Commission pursuant to Section 302(d) are not subject to the requirements of Sections 306.1 and 306.5. The Board of Supervisors may designate a proponent for the amendment or modification from among its membership, in adopting its motion.
(Added by Ord. 236-81, App. 6/6/81)
SEC. 306.7. INTERIM ZONING CONTROLS.
Interim zoning controls may be imposed by resolution of the Planning Commission or the Board of Supervisors through the exercise of a legislative rule-making power subject to the procedures and standards and for the purposes set forth in this Section.
(a) Purposes. This interim zoning controls process is found and declared to be necessary to fulfill the purposes of this Code as stated in Section 101 herein. The Board of Supervisors and the Planning Commission are hereby authorized to impose interim zoning controls to suspend temporarily the processing of certain applications for demolition permits, building permits and other land use authorizations which may be in conflict with a contemplated zoning proposal which the Board of Supervisors, the Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. The provisions of this Section will allow time for the orderly completion of a planning study and for the adoption of appropriate legislation. Interim zoning controls are necessary to ensure that the legislative scheme which may be ultimately adopted is not undermined during the planning and legislative process by the approval or issuance of permits authorizing the alteration, construction or demolition of buildings or the establishment or change of uses which will conflict with that scheme. In determining whether to impose interim zoning controls, the body imposing the controls shall consider the impact on the public health, safety, peace and general welfare if the proposed controls are not imposed, including, but not limited to, the public interest in the following objectives:
(1) Preservation of historic and architecturally significant buildings and areas;
(2) Preservation of residential neighborhoods;
(3) Preservation of neighborhoods and areas of mixed residential and commercial uses in order to preserve the existing character of such neighborhoods and areas;
(4) Preservation of the City's rental housing stock;
(5) Development and conservation of the commerce and industry of the City in order to maintain the economic vitality of the City, to provide its citizens with adequate jobs and business opportunities, and to maintain adequate services for its residents, visitors, businesses and institutions;
(6) Control of uses which have an adverse impact on open space and other recreational areas and facilities;
(7) Control of uses which generate an adverse impact on pedestrian and vehicular traffic;
(8) Control of uses which generate an adverse impact on public transit.
(b) Effect of Interim Zoning Controls Upon Permit Applications. A resolution of the Board of Supervisors or of the Planning Commission imposing interim zoning controls shall set forth the duration of the interim zoning controls. Once interim zoning controls are imposed pursuant to this Section, and for the duration of the controls and any extension permitted by this Section, no department of the City and County of San Francisco, including the Board of Appeals, may approve any application for a demolition permit, a building or site permit or for any other permit or license authorizing the demolition, alteration or construction of any building or the establishment of any use unless the action proposed would conform both to the existing provisions of the Planning Code and also to the provisions of the resolution imposing the controls. Failure of the Board of Supervisors or the Planning Commission to act on a proposed interim control within 120 days of its initiation shall be deemed to constitute disapproval. At any time after the first noticed hearing, in order to insure that the purpose for imposing interim controls is not undermined during the period when their adoption is being considered, the body considering the proposed controls may by resolution issue an order directing the Zoning Administrator, the Director of the Department of Building Inspection, the Board of Appeals, and other permit-issuing and permit-approving agencies to suspend action on applications which propose a use prohibited by the proposed interim controls pending final action on the controls; provided, however, that such order shall not apply to applications filed more than 60 days before the first noticed hearing and shall not prohibit action on applications which would otherwise be deemed approved during the period of such suspension pursuant to Government Code Sections 65950 - 65957.1.
(c) Interim Zoning Controls Imposed by the Board of Supervisors. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Board of Supervisors. A member of the Board of Supervisors may initiate the procedure by introduction of a resolution which refers to the provisions of this Section authorizing the interim zoning controls process. Upon introduction of the resolution, the Clerk of the Board shall transmit within two business days or within a reasonable time the resolution to the Director of Planning for environmental review. The resolution shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. The Director of Planning shall conduct environmental review according to the procedures set forth in Subsection (d). The Clerk of the Board shall schedule a hearing on the proposed interim zoning controls before an appropriate committee of the Board or, if the Board directs by motion, before the full Board of Supervisors. The Clerk shall schedule the hearing so that it is conducted no later than 50 days beyond receipt of notice of the completion of environmental review, unless directed otherwise by motion of the Board. The committee of the Board or the full Board may conduct the hearing required by this Subsection prior to the completion of environmental review, but shall not recommend or approve imposition of the proposed controls until environmental review has been completed. Notice of the hearing shall be provided in accordance with the provisions of Subsection (g). The committee shall report to the Board a summary of the matters presented at the hearing and its recommendation. The Board of Supervisors may adopt a resolution imposing interim zoning controls by a majority vote. Any hearing scheduled before a committee or before the Board to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to that body.
(d) Environmental Review. The provisions of this Section shall govern the environmental review process conducted by the Director of Planning upon initiation of the interim zoning controls process by the Board of Supervisors.
(1) The Director of Planning shall determine whether imposition of the proposed interim zoning controls is excluded or categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (CEQA). That determination shall be made in writing and transmitted to the Clerk of the Board of Supervisors within two business days or within a reasonable time of receipt of the motion and draft ordinance from the Clerk of the Board. If it is determined that environmental review of imposition of the proposed interim zoning controls is required, the Director of Planning shall either prepare a preliminary negative declaration and publish notice of its preparation, or inform the Clerk of the Board of Supervisors in writing that an environmental impact report must be prepared and submit to the Clerk a proposed motion which would authorize preparation of that report. Except as otherwise noted, the Director of Planning shall make the determinations and take the actions required by this Subsection (d)(1) within 30 days of the receipt of the Board of Supervisors' motion initiating the interim controls procedure and the draft ordinance transmitted by the Clerk of the Board.
(2) If a preliminary negative declaration is published and no appeal is filed within 10 days, the Director of Planning shall transmit to the Clerk of the Board of Supervisors written notification of that fact on the first business day following the tenth day.
(3) If a preliminary negative declaration is published and an appeal is filed within 10 days, the Planning Commission shall, within 40 days of the date that the appeal of the preliminary negative declaration is filed, either affirm the preliminary negative declaration or overrule the preliminary negative declaration and order the preparation of an environmental impact report. The Director of Planning shall transmit to the Clerk of the Board of Supervisors the resolution of the Planning Commission affirming or overruling the preliminary negative declaration within two business days following its adoption.
(4) If the Planning Department or on appeal the Planning Commission determines that an environmental impact report must be prepared before the imposition of the proposed interim controls, no work need be commenced for preparation of that document unless the Board of Supervisors adopts a motion by majority vote, authorizing the preparation of that document. The Clerk of the Board of Supervisors shall transmit a copy of that motion to the Director of Planning, who shall prepare or cause to be prepared the environmental impact report. A final environmental impact report shall be prepared within 18 months after the transmittal of the motion authorizing preparation of that document by the Board to the Director of Planning. The Director shall complete the environmental impact report notwithstanding the fact that the proposed controls have been deemed disapproved after the expiration of 120 days as set forth in Subsection (b), unless directed otherwise by the Board. Upon completion of that document, the same interim controls may be initiated and thereafter adopted within 120 days of their initiation. If the Board votes on a motion authorizing the preparation of an environmental impact report and the motion fails, the interim zoning controls process shall terminate on that date. If the Board does not vote on a motion authorizing the preparation of an environmental impact report within 30 days of the date of receipt of notification that an environmental impact report is required and of the proposed Board motion which would authorize its preparation, the interim zoning controls process shall terminate on the 30th day after receipt of such notification.
(5) Any time limits set forth in this Subsection (d) may be enlarged by motion of the Board.
(e) Interim Zoning Controls Imposed by the Planning Commission. The procedure set forth in this Section shall govern the imposition of interim zoning controls by the Planning Commission. The procedure may be initiated upon application pursuant to Section 306 of the Code by an interested property owner, resident, or commercial lessee as defined by Section 302(b) herein or by adoption of a resolution proposing imposition of the interim zoning controls by the Planning Commission. A resolution proposing imposition of the interim zoning controls shall either contain the text of the proposed controls or refer to and incorporate by reference an exhibit which does so. The resolution and any exhibit text shall be approved as to form by the City Attorney. Upon adoption of that resolution or receipt of the application, the Zoning Administrator shall provide the notice required by Subsection (g) within 20 days. Within 30 days after the required notice has been provided, the Commission shall hold a hearing on the proposed interim controls. Upon completion of environmental review as required by applicable provisions of CEQA and the Administrative Code, the Commission may adopt a resolution imposing the interim zoning controls by a majority vote. Matters relating to environmental review which require a hearing may be considered at the same Commission meeting at which the Commission considers and acts upon the proposed controls, so long as environmental review is completed first. Any hearing to consider the imposition of interim zoning controls may be continued for further consideration to another date pursuant to the regular notice requirements applicable to the Commission.
(f) Ratification or Disapproval of Commission Action. Each proposed interim control voted on by the Planning Commission and failing of passage and each interim control imposed by the Planning Commission shall be forwarded within two business days of the Commission action to the Board of Supervisors, which may ratify or disapprove the action taken by the Planning Commission. The interim controls imposed by the Planning Commission shall remain in effect and be deemed ratified unless and until the Board of Supervisors disapproves the controls within 90 days of the date that they are received by the Clerk of the Board. If disapproved, the interim zoning controls shall be of no further force and effect. The Board of Supervisors may disapprove the action of the Planning Commission by a majority vote. In the event the Board disapproves the action of the Commission when the Commission has disapproved a proposed interim control, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed interim control. In considering whether to ratify or disapprove Commission action, the Board shall consider the purposes and objectives set forth in Subsection (a).
(g) Notice. Notice of the time and place of a public hearing on interim zoning controls before the Planning Commission if the Planning Commission initiates the controls, or before the Board of Supervisors or a committee of the Board if a member of the Board initiates the controls, shall be provided pursuant to the requirements of Section 333 of this Code, and such other notice as the Clerk of the Board or the Zoning Administrator may deem appropriate.
Notice of a public hearing by the Board of Supervisors or a committee of the Board for the ratification or disapproval of interim controls imposed by the Planning Commission shall be given pursuant to the requirements of this subsection.
The body imposing the interim zoning controls may not enlarge the area affected by the proposed amendment or modify the proposed amendment in a manner that places greater restrictions on the use of property unless notice is first provided in accordance with the provisions of this subsection and a hearing is provided on the modifications. Notice may be provided pursuant to the provisions of this subsection (g) prior to the completion of the environmental review process.
(h) Duration. Interim zoning controls shall remain in effect for a period specified in the resolution imposing the controls. Such period may not exceed 18 months from the date of imposition of the controls. The body imposing the controls may extend the controls subject to the hearing and notice standards of this Section, but shall not allow any extension which would keep the interim controls in effect longer than 24 months. When determining the appropriate duration of the interim controls, and any extension, the body imposing the controls shall balance (1) the hardship on property owners if the controls are imposed against (2) the detriment to the public if the controls are not imposed, and shall also consider those factors affecting the time required to study the contemplated zoning proposal, such as the complexity of the problem, the need to hire consultants, and the area of study.
(i) Planning Study. Upon the imposition of interim zoning controls by either the Board of Supervisors or the Planning Commission, the Planning Department shall conduct a study of the contemplated zoning proposal and shall propose permanent legislation. As to any controls which are placed in effect for more than six months, the staff of the Planning Department shall report to the entity imposing the controls six months from the date of the imposition of the controls and at least every six months thereafter. The report shall inform that body of (1) the status of the planning study, (2) the findings and recommendations to date, and (3) the estimated time of completion of such study and proposed permanent legislation. These reports shall be considered in a public hearing duly noticed in accordance with the basic rules of the body that imposed the interim zoning controls.
AMENDMENT HISTORY
SEC. 306.8. POSTING OF SIGNS REQUIRED.
(a) Hearings for Which Notice Required. In addition to the requirements for notice provided elsewhere in this Code, the requirements for notice set forth in this Section shall apply to hearings before the Planning Commission or the Zoning Administrator (1) on an application for a conditional use or variance, (2) for every amendment to reclassify property initiated by application as permitted in Section 302(b) where the area sought to be reclassified is ½ acre or less (exclusive of streets, alleys and other public property) and where the applicant owns all or a portion of the property to be reclassified or is a resident or commercial lessee thereof, (3) for any permit application or project authorization application reviewed pursuant to Sections 309 or 322, and (4) for any application for a building or site permit authorizing a new building the consideration or approval of which is scheduled before the Planning Commission. This Section shall not apply to variance applications involving a less than 10 percent deviation as described in Section 305(c) or to hearings or actions relating to environmental review.
(b) Signposting Requirements. Hearings that are required to be noticed pursuant to this section 306.8 shall provide notice pursuant to the requirements of Section 333 of this Code.
(c) Notice of Reclassification by Zoning Administrator. The Zoning Administrator shall post signs providing notice of proposed reclassifications that are subject to this section pursuant to the requirements of Section 333 of this Code.
(d) Declaration Required; Failure to Comply. The applicant, other than an applicant for a reclassification, shall submit at the time of the hearing a declaration signed under penalty of perjury stating that the applicant has complied with the provisions of this Section. If any person challenges the applicant's compliance with this Section, the Commission or, as to variance hearings the Zoning Administrator, shall determine whether the applicant has substantially complied and, if not, shall continue the hearing for that purpose. A challenge may be raised regarding compliance with the provisions of this Section by any person after the hearing by filing a written statement with the Zoning Administrator, or such challenge may be raised by the Zoning Administrator, but no challenge may be filed or raised later than 30 days following Commission action, or as to variance hearings 10 days following the decision. If no challenge is filed within the time required, it shall be deemed conclusive that the applicant complied with the provisions of this Section. If it is determined, after a hearing for which at least five days' notice has been given to the person filing the challenge and the applicant, that the applicant has not substantially complied with the provisions of this Section, the action of the Planning Commission or the Zoning Administrator shall be deemed invalid and the matter shall be rescheduled for hearing after the required notice has been given. Notwithstanding any other provision of this Section, an application may be denied if continuance or delay of action on the application would result in an application being deemed approved pursuant to Government Code Sections 65920 et seq.
(e) Permission to Enter Property. Every person who has possession of property which is the subject of an application subject to this Section shall permit entry at a reasonable time to an applicant who is seeking entry in order to allow the posting of the sign required herein and no such person shall remove or cause the removal of such sign during the period of time that posing is required herein and without reasonable cause to believe that such removal is necessary in order to protect persons or property from injury.
(f) Rights Affected. The requirements of this Section are not intended to give any right to any person to challenge in any administrative or judicial proceeding any action if such person would not otherwise have the legal right to do so.
AMENDMENT HISTORY
SEC. 306.9. NOTICE OF APPLICATIONS FOR BUILDING PERMITS FOR SUTRO TOWER.
(a) Applicability. This section shall apply to all applications for building permits for work to be performed on the site of Sutro Tower.
(b) Purpose. The purpose of this Section is to establish procedures for providing notice of applications for building permits for the Sutro Tower site to property owners neighboring the site and to interested neighborhood organizations so that concerns about the application may be identified and resolved during the review of the permit.
(c) Notification. Upon determination that an application is in compliance with the requirements of the Planning Code, the Planning Department shall provide public notification pursuant to the requirements of Section 333 of this Code, except that no posted notice shall be required, and that the mailed notice shall be mailed to all owners and, to the extent practicable, occupants of properties within a 1,000 foot radius of the property line of the Sutro Tower site. This notice shall be in addition to any notices required by the Building Code and in addition to other requirements for notice provided elsewhere in this Code.
AMENDMENT HISTORY
SEC. 306.10. [REPEALED.]
SEC. 308.1. APPEALS: AMENDMENTS TO THE PLANNING CODE AND CONDITIONAL USES.
(See Interpretations related to this Section.)
(a) Right of Appeal. The action of the Planning Commission, in disapproving in whole or in part an amendment to the Planning Code initiated by application as described in Section 302 and Sections 306 through 306.5, or in approving or disapproving in whole or in part an application for Conditional Use authorization as described in Sections 303 and 304 and Sections 306 through 306.5, shall be transmitted to the Office of the Clerk of the Board in final and signed form within 20 business days of Commission’s action to approve or disapprove in whole or part the application, and subject to appeal to the Board of Supervisors in accordance with this Section 308.1. An action of the Commission so appealed from shall not become effective unless and until approved by the Board of Supervisors in accordance with this Section 308.1.
(b) Notice of Appeal. Any appeal under this Section 308.1 shall be taken by filing written notice of appeal with the Board of Supervisors no earlier than ten business days after the date of action by the Planning Commission, and no later than within 30 days after the date of action by the Planning Commission. The appeal shall be filed with the Office of the Clerk of the Board in a manner prescribed by the Clerk of the Board and in accordance with the Planning Fee Schedule. The notice of appeal shall be subscribed by either (i) the owners or Verified Tenants of at least 20% of the property affected by the proposed amendment or Conditional Use or (ii) five members of the Board of Supervisors. The signature on the appeal of members of the Board shall not be deemed to be any indication of their position on the merits of the appeal but rather shall indicate only that they believe there is sufficient public interest and concern in the matter to warrant a hearing by the Board of Supervisors. Upon receipt of a notice of appeal, the Office of the Clerk of the Board shall transmit the notice of appeal and subscribed signatures to Public Works within five business days for its determination of the 20% threshold of the property referenced above. For the purposes of this Section 308.1, the property affected, and the determination of the 20% threshold, shall be calculated by Public Works within five business days from when the Office of the Clerk of the Board requests a determination on the 20% threshold of the property referenced, as follows:
(1) When a proposed amendment or Conditional Use has been disapproved by the Planning Commission, the property affected shall be deemed to be all property within the area that is the subject of the application for amendment or Conditional Use, and within 300 feet of all exterior boundaries of the property that is the subject of the application;
(2) When a proposed Conditional Use has been approved by the Planning Commission, the property affected shall be deemed to be all property within 300 feet of all exterior boundaries of the property for which the Conditional Use has been approved by the Planning Commission, excluding the property for which the approval has been given;
(3) In either of the above cases, when any property is owned by the City and County of San Francisco, the United States Government or the State of California, or any department or agency thereof, or by any special district, and is located within 300 feet of the area that is the subject of the application for amendment or Con-ditional Use, such property shall be excluded in determining the property affected unless such owner shall itself be a subscriber of the notice of appeal; and
(4) Wherever a property is held in joint ownership, the signatures of joint owners shall be calculated as representing affected property in direct proportion to the amount of the total ownership of that property attributable to the joint owner or owners subscribing to the notice of appeal. For the purposes of this calculation, the term “joint ownership” shall include joint tenancies, interests in common, community property, partnerships, stock cooperatives, condominiums, community apartments and planned unit developments. Where each owner has exclusive rights to a portion of the property, the proportion of the total ownership attributable to that owner shall be calculated in terms of a ratio of the floor area and land area in which that owner has exclusive, joint, and common rights to the total floor area and land area of that property. Under these calculations, the land area of an affected property in joint ownership shall be given the same weight as the land area of an affected property not in joint ownership, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.
(5) For purposes of this Section 308.1, a “Verified Tenant” is a residential or commercial tenant of a property who declares, under penalty of perjury of the laws of the State of California, that the tenant occupies the entire property or at least one separate unit on the property pursuant to a lease with a term exceeding 32 days. Each Verified Tenant who signs an appeal pursuant to this Section 308.1 must maintain proof of tenancy including either an executed lease reflecting a term of more than 32 days, or at least one of the following forms of records reflecting that the tenant has occupied the property for more than 32 consecutive days as of the date of signature: (a) state or federal income tax records, (b) department of motor vehicle records including license, registration or California identification, or (c) utility bills. A Verified Tenant who signs an appeal pursuant to this Section may be required by Public Works to provide such proof of tenancy. A “Verified Tenant” shall not include occupants of property who rent the property for less than 32 consecutive days, or for Tourist or Transient Use, or as a Short-Term Residential Rental, as those terms are defined in Section 41A.4 of the Administrative Code, but shall include tenants of all Unauthorized Units in the property.
(6) Where a property contains more than one rental unit, the signatures of Verified Tenants shall be calculated as representing the percentage of affected property in the same proportion of the number of rental units on the property represented by the Verified Tenants subscribing to the appeal to the total number of rental units in that property. Only one Verified Tenant for each residential or commercial rental unit shall be counted for each such unit; if more than one Verified Tenant occupying a single rental unit subscribes to the appeal, that unit will only be given the weight of a single unit in the property. Under these calculations, an affected property rented by multiple Verified Tenants shall be given the same weight as an affected property owned by a single owner or occupied by a single tenant, in determining whether 20% of the property affected is represented by signatures to the notice of appeal.
(7) If an owner of 100% of a tenant-occupied property and one or more Verified Tenants of the same property subscribe to the appeal, the land area of the affected property shall be given the same weight as the land area of an affected property owned by a single owner in determining whether 20% of the property affected is represented by signatures to the appeal. If a joint owner of land held in joint ownership property and one or more Verified Tenants of the same property subscribe to the appeal, the total land area of the affected property shall be calculated by adding the land areas calculated pursuant to subsections (3) through (6), above, and may total, but not exceed 100% of the land area of the property in determining whether 20% of the property affected is represented by signatures to the appeal.
(c) Hearing. Upon the filing of such written notice of appeal so subscribed, the Board of Supervisors or the Clerk thereof shall set a time and place for hearing such appeal, which shal1
may be not less than 21 nor more than 45 days after such filing. If there is not a Board meeting scheduled during that time, the Clerk may schedule the hearing at the next regularly scheduled Board meeting more than 50 days after the filing. The hearing may be held no more than 60 days from the date of filing, unless the parties consent to a later date as provided in subsection (f) below.
(d) Decision. The Board of Supervisors shall hear and decide the appeal within 90 days of the filing of the written notice of appeal, unless the parties consent to a later date as provided in subsection (f) below. The Board’s decision on the appeal is final upon adjournment of the meeting at which the hearing was held and at which the Board votes to approve or deny such appeal. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the Planning Commission.
(e) Findings. The Board of Supervisors shall adopt findings supporting its decision to uphold or deny an appeal under this Section 308.1 within 60 days after making its decision on the appeal. Notwithstanding the foregoing sentence, failure of the Board to approve findings within the time specified will not affect the finality of the Board’s decision on the appeal.
(f) Continuances. Any continuance of the time periods specified in this section 308.1 shall require a written request from the party or parties seeking continuance in such form as may be provided by the Clerk of the Board for the Board of Supervisors’ consideration.
(g) Votes Required. In acting upon an appeal of a Planning Commission determination on a request for reclassification by an interested party, the Board of Supervisors may disapprove the action of the Planning Commission only by a vote of not less than 2/3 of all members of the Board. In acting upon any other appeal of a Planning Commission determination on a Planning Code amendment, the Board of Supervisors may disapprove the action of the Planning Commission by a majority vote of the Board. In both cases, in the event that one or more of the full membership of the Board is disqualified or excused from voting because of an interest prohibited by general law or the San Francisco Charter, any such disapproval shall be by a vote of all members of the Board that are not disqualified or excused; provided, however, that in the event that a quorum of all members of the Board is disqualified or excused from voting because of an interest prohibited by general law or the Charter, the action of the Planning Commission shall be deemed approved. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed amendment, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed ordinance. In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed conditional use, the Board shall prescribe in its motion such conditions as are in its opinion necessary to secure the objectives of this Code, in accordance with Section 303(d).
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96; Ord. 121-01, File No. 010271, App. 6/1/2001; Ord. 277-03, File No. 031497, App. 12/12/2003; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 191-22, File No. 220130, App. 9/16/2022, Eff. 10/17/2022)
AMENDMENT HISTORY
Divisions (a) and (b)-(b)(4) amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; Ord. 202-18, Eff. 9/10/2018.Divisions (a), (b), (b)(4) amended; divisions (b)(5)-(7), (e), and (f) added; division (c) amended as divisions (c) and (d); former division (d) redesignated as division (g); Ord. 191-22, Eff. 10/17/2022.
CODIFICATION NOTE
SEC. 308.2. APPEALS: VARIANCES AND ADMINISTRATIVE ACTIONS.
(a) Right of Appeal. The action of the Zoning Administrator, in granting or denying a variance application as described in Section 305 and Sections 306 through 306.5, or in making any order, requirement, decision, or other determination, other than a variance, shall be subject to appeal to the Board of Appeals in accordance with this Section 308.2 and Section 8 of the Business and Tax Regulations Code. Such an appeal may be taken by any person aggrieved or by an officer, board, or commission of the City and County. An appeal shall stay all proceedings in furtherance of the action appealed from.
(b) Notice of Appeal. Any appeal under this Section 308.2 shall be taken by filing written notice of appeal with the Board of Appeals within: 10 days after the date of the written variance, rear yard modification permitted by Section 134, reasonable modification, or elevator height exemption decision of the Zoning Administrator; within 30 days of a Notice of Violation, Notice of Violation and Penalty Decision, or Notice of Additional Compliance Action and Accrued Penalties issued by the Zoning Administrator; or within 15 days of any other written determination of the Zoning Administrator.
(c) Allegations. Any notice of appeal filed pursuant to this Section shall include allegations as follows:
(1) A notice of appeal filed from a variance decision shall set forth the particulars wherein the application for variance is alleged to have met or to have failed to meet, as the case may be, the five requirements set forth in Section 305(c).
(2) A notice of appeal filed from any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, shall set forth specifically wherein it is alleged that there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator.
(d) Hearing. The procedure and requirements for the transmittal of the record, notice of hearing, and hearing in connection with any appeal under this Section shall be as specified in Article I, Part III of the San Francisco Municipal Code.
(e) Decision. Upon the hearing of any appeal taken pursuant to this Section, the Board of Appeals may, subject to the same limitations as are placed upon the Zoning Administrator by Charter or by this Code, approve, disapprove or modify the decision or determination appealed from, in conformity with the following requirements:
(1) In the case of a variance application, the Board shall specify in its findings, as part of a written decision, facts sufficient to establish wherein the application meets or does not meet, as the case may be, the five requirements set forth in Section 305(c); and, if the five requirements are deemed to be met, the Board shall specify the character and extent of the variance, and shall also prescribe such conditions as are necessary to secure the objectives of this Code, in accordance with Section 305(d).
(2) In the case of any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, if the determination of the Board differs from that of the Zoning Administrator, it shall, in a written decision, specify wherein there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator, and shall specify in its findings, as part of such written decision, the facts relied upon in arriving at its determination.
AMENDMENT HISTORY
SEC. 313.1. [REDESIGNATED.]
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(See Interpretations related to this Section.)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.4 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 227-01, File No. 011102, App. 11/21/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.5 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Secs. 413.6 and 413.7 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 413.8 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/21/2003; redesignated as Sec. 413.9 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 76-03, File No. 020592, App. 5/2/2003; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; Ord. 232-08, File No. 080521, App. 10/30/2008; redesignated as Sec. 413.10 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; redesignated as Sec. 413.11 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 120-96, App. 3/28/96; amended by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 28-01, File No. 000276, App. 2/23/2001; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 314.1. [REDESIGNATED.]
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 22-00, File No. 991877, App. 2/18/2000; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 409-87, App. 10/9/87; Ord. 263-98, App. 8/21/98; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.14 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.15 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 316.1.
(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
SEC. 316.2.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 42-89, App. 2/8/89; Ord. 115-90, App. 4/6/90; Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
SEC. 316.3.
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
SEC. 316.4.
(Added as Sec. 316.6 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
(Former Sec. 316.4 repealed by Ord. 104-07, File No. 070327, App. 5/8/2007)
SEC. 316.5.
(Added as Sec. 316.7 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
(Former Sec. 316.5 repealed by Ord. 104-07, File No. 070327, App. 5/8/2007)
SEC. 316.6.
(Added as Sec. 316.8 by Ord. 69-87, App. 3/13/87; redesignated and amended by Ord. 104-07, File No. 070327, App. 5/8/2007; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
(Former Sec. 316.6 redesignated as Sec. 316.4 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007
SEC. 316.7. [REDESIGNATED.]
(Former Sec. 316.7 redesignated as Sec. 316.5 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007)
SEC. 316.8. [REDESIGNATED.]
(Former Sec. 316.8 redesignated as Sec. 316.6 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007)
SEC. 318.1. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.2. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.3. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.4. [REPEALED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.5. [REPEALED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.6. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.7. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 222-09, File No. 090477, App. 11/6/2009; redesignated as Sec. 418.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.8. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.9. [REDESIGNATED.]
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; redesignated as Sec. 418.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.10. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.11. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.12. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.13. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.14. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.4 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.15. [REPEALED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.16. [REDESIGNATED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; redesignated as Sec. 420.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 318.17. [REPEALED.]
(Added by Ord. 264-05, File No. 051508, App. 11/18/2005; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 319.1. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 319.2. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 319.3. [REDESIGNATED.]
SEC. 319.4. [REDESIGNATED.]
SEC. 319.5. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 419.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 321.1. ANNUAL LIMIT ADJUSTMENT.
(a) It is the intention of the people of San Francisco that the annual limit on office development be reduced to account for the square footage resulting from the excessive number of building, alteration and site permits that were issued after November 29, 1984, the date the Planning Commission amended the General Plan to include the Downtown Plan.
(b) Not later than January 1, 1987 and January 1st of each subsequent year, the Planning Department shall survey the records of the Central Permit Bureau and any other necessary records to develop a list of the square footage of all office development projects for which building, alteration or site permits were issued after November 29, 1984 that have not lapsed or otherwise been revoked, and all office development projects reapproved by the City, the Successor Agency to the Redevelopment Agency of the City and County of San Francisco or the San Francisco Port Commission after November 29, 1984. Reapproval specifically includes any project reconsidered by any agency pursuant to a Court decision. This process shall continue until the Department is able to certify that all projects with approval dates on or before November 4, 1986 have received permits, have been abandoned or are no longer subject to litigation challenging their approval. Notwithstanding any other provision of the Planning Code or the former provisions of Subsection 320(g), all projects in excess of 24,999 square feet of additional office space shall be included in the survey. The list shall not include permits for projects authorized pursuant to the office development competition set out in Subsection 321(b) and Section 322.
(c) Not later than February 1, 1987 and February 1st of each subsequent year as set out above, the Department shall certify in writing to the Planning Commission at a public hearing the list of all projects enumerated in Subsection (b) above, including the square footage of each project and the total of all such projects.
(d) Within 30 days of receipt of the Department's certification, the Commission shall reduce the 950,000 square foot annual limit established in Subsection 321(a)(1) by 475,000 square feet per approval period until the amount of square footage remaining on the Department's list is reduced to zero.
(e) If the City has authorized more than 475,000 square feet as part of the office development competition set out in Subsection 321(b) and Section 322 prior to November 4, 1986, any amount exceeding 475,000 square feet shall be separately deducted from otherwise allowable square feet calculated pursuant to Subsection (d) above for the approval period and for subsequent approval periods until the total amount of square footage is reduced to zero.
(Added by Proposition M, 11/4/86; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 321.2. LEGISLATIVE REDUCTION OF ANNUAL LIMIT.
The Board of Supervisors is permitted to reduce the annual limit defined in Subsection 321(a)(1).
(Added by Proposition M, 11/4/86)
SEC. 321.3. VOTER APPROVAL OF EXEMPTIONS OF OFFICE PROJECTS AUTHORIZED BY DEVELOPMENT AGREEMENTS.
Any office development approved pursuant to a development agreement under Government Code Section 65865 or any successor Section may only be exempted from the annual limit set forth in Subsection 321(a)(1) after the exemption for such office development has been approved by the voters at a regularly scheduled election.
(Added by Proposition M, 11/4/86)
SEC. 321.4. CONVERTED SQUARE FOOTAGE; ANNUAL LIMIT INCREASE.
(a) Definitions. For purposes of this Section 321.4, the following terms have the following meanings:
“Converted Square Footage” means the total converted or demolished gross floor area of Office Space associated with a project that received on or after January 1, 1986: (1) a First Certificate of Occupancy authorizing the change of use of at least 10,000 square feet of gross floor area from Office Space to a non-office use, or (2) a completed permit, including any final inspections, to demolish at least 10,000 square feet of gross floor area of Office Space. “Converted Square Footage” includes the gross floor area associated with any approved Office Space, regardless of the type of Project Authorization approved for the Office Space, or if the Office Space was approved prior to November 29, 1984.
“First Certificate of Occupancy” has the meaning set forth in Section 401, as amended from time to time.
(b) Increases to Annual Limit.
(1) For any projects that convert or demolish Office Space on or after March 5, 2024, the Planning Department shall track the total Converted Square Footage resulting from the conversions and demolitions during each Approval Period, and add the total Converted Square Footage to the Large Cap Maximum annually.
(2) For any project that converted or demolished office space before March 5, 2024, the Large Cap Maximum shall be increased by the total Converted Square Footage of such projects no later than the Approval Period beginning October 17, 2024, consistent with the procedures in subsection (c), including any adjustments pursuant to subsection (c)(2).
(3) Any Converted Square Footage calculated pursuant to subsections (b)(1)-(2) of this Section 321.4 shall be treated the same as the newly available office development pursuant to Section 321(a)(1)(A), including being carried over to the next Approval Period; however, pursuant to Section 321(a)(1)(D), such Converted Square Footage shall not be subject to the reductions set forth in Section 321(a)(1)(C).
(c) Administration.
(1) No later than September 1, 2024, the Zoning Administrator shall publish an inventory of projects that converted or demolished Office Space between January 1, 1986 and March 5, 2024 (“Inventory”), inclusive, and the Converted Square Footage proposed to be added to the Large Cap Maximum for the Approval Period beginning October 17, 2024. The Zoning Administrator shall provide the public with an opportunity for meaningful review and comment on the Inventory. Following public review and comment, the Zoning Administrator shall adopt the Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The Zoning Administrator shall then update the Large Cap Maximum accordingly.
(2) Should the Zoning Administrator identify additional Converted Square Footage after the deadlines specified in subsection (c)(1), the Zoning Administrator shall publish an updated Inventory. Following public review and comment, the Zoning Administrator shall adopt the updated Inventory, including any revisions, pursuant to the standard set forth in subsection (c)(3) of this Section 321.4. The new Converted Square Footage shall be added to the Large Cap Maximum for the Approval Period following final approval of the updated Inventory.
(3) In determining whether Converted Square Footage was lawfully converted or demolished for the purposes of this Section 321.4, the Zoning Administrator shall presume that such space was lawfully converted or demolished unless there is clear and convincing evidence otherwise.
(4) The Zoning Administrator is authorized to adopt such rules and regulations as the Zoning Administrator determines are appropriate to carry out the purposes and provisions of this Section 321.4, including but not limited to the process for verifying increases to the Large Cap Maximum resulting from any Converted Square Footage.
(d) Loss of Existing Office Space. Upon the issuance of a First Certificate of Occupancy or completed demolition permit for a project that converted or demolished Office Space, the amount of Preexisting Office Space on the site shall be reduced by the amount of Converted Square Footage that was returned to the Large Cap Maximum.
(Added by Proposition C, 3/5/2024, Eff. 4/12/2024)
SEC. 326.1. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.2. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.3. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.4. [REPEALED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.5. [REPEALED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.6. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.7. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.6 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 326.8. [REDESIGNATED.]
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 421.7 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.1. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.2. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.3. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.4. [REPEALED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.5. [REPEALED.]
(Repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 327.6. [REDESIGNATED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 423.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 330.1. PROJECTS REQUIRING COASTAL ZONE PERMIT REVIEW.
(a) All private projects, except those specifically exempt, shall be required to apply to the San Francisco Planning Department for a Coastal Zone Permit for demolition, construction, reconstruction, alterations, change of use, change of occupancy, condominium conversions or any other development on or affecting real property located within the designated boundary of the Coastal Zone.
(b) All public projects, except those specifically exempt, shall be required to apply to the San Francisco Planning Department for a Coastal Zone Permit, including any development project or change of use in the Coastal Zone area of Golden Gate Park, the Zoo, or the Lake Merced area.
(c) A Coastal Zone Permit shall be required in addition to any other permit application which may be required elsewhere by the Planning Code, Building Code, or other Municipal Code.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.2. DEFINITIONS.
(a) An "aggrieved person" for the purpose of appeals to the California Coastal Commission shall be any person who appears at a public hearing in connection with a decision or action appealed to the California Coastal Commission, or who by other appropriate means informed in writing the Zoning Administrator, Planning Commission, or Board of Appeals.
(b) "Emergency" is defined as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
(c) "Environmentally sensitive habitat" is any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
(d) The "Local Coastal Program" shall be the San Francisco Western Shoreline Plan, a part of the City's General Plan, and any of its implementation programs issue papers and any other documents certified by the California Coastal Commission.
(e) A "project" shall be any of the following:
(1) Construction, reconstruction, demolition or alteration of the size of any building, including any facility of any private, public or municipal utility;
(2) Change in the density or intensity of use of land, including but not limited to subdivision(s) and any other division of land, including P lot splits, except where the land is for the purchase of such land by a public agency for public recreational use;
(3) The placement, building or construction of any solid material or structure, including but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line;
(4) Grading, removing, dredging, mining or extraction of any material;
(5) Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste, and the mining or extraction of any material;
(6) Change in the intensity or use of a body of water, or stream, or access thereto;
(7) The removal or harvesting of major trees, rare or endangered species, and permanently established riparian vegetation other than for agricultural purposes.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.3. PROJECTS EXEMPT FROM COASTAL ZONE PERMIT REVIEW.
No Coastal Zone Permit shall be required for the following projects:
(a) Enlargement, alteration or reconstruction of any existing single-family residence;
(b) Enlargement or alteration of any structure other than a single-family residence or a public structure or facility, provided that these improvements do not have an adverse environmental effect, adversely affect public access, or involve a change in use contrary to any policy of the Local Coastal Program;
(c) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of a structure or use, provided that it does not fall within the requirement in Section 330.4(e), (h), and (i);
(d) The replacement of any structure, other than a public structure or facility, destroyed by natural disaster. Such replacement structure shall (1) Conform to applicable Building Code, other standards of this Code and zoning requirements, and other applicable Municipal Code, (2) shall be for the same use as the destroyed structure, (3) shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and (4) shall be sited in the same location on the affected property as the destroyed structure;
(e) The conversion of any existing multiple-unit residential structure to a time-share project, resort club, vacation club, estate, or other short-term use;
(f) The installation, testing and placement in service, or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this code.
(g) Recreation and park tree trimming, reforestation and support services, landscaping improvements, vegetation removal and seasonal planting, replacement planting, maintenance, and other park landscaping and planting improvements, provided that this activity does not involve a change contrary to any policy of the Coastal Program;
(h) Recreation and Park Department road maintenance, repairs, facilities and street lighting, and road and circulation improvements as proposed in the Golden Gate Park Transportation Management Plan;
(i) Recreation and Park Department play structures, maintenance, and any other Park and Recreation activity that requires no building permit or is subject to Section 330.4 (a) through (h) of this code;
(j) Maintenance dredging of existing navigation channels or moving dredged materials from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers;
(k) Maintenance improvements, and any other projects within the United States Federal lands in designated Golden Gate National Recreation Areas.
(Ord. 509-85, App. 11/22/85)
SEC. 330.4. PROJECTS SUBJECT TO COASTAL ZONE PERMIT REVIEW.
A Coastal project as defined in Section 330.2(d).
(a) Construction of any residential or commercial building, structure, or project as defined in Section 330.2(e).
(b) Any alteration, enlargement or reconstruction of a structure or building which increases the intensity of use of the structure or building.
(c) Any alteration, enlargement or reconstruction made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion, motel/hotel or time-sharing conversion.
(d) An enlargement or alteration that would result in an increase of 10 percent or more of internal floor area of the existing structure, or increase in height by more than 10 percent of an existing structure on property located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the California Coastal Commission.
(e) Any repair or maintenance to facilities, structures or public works located in an environmentally sensitive habitat area, any sand area within 50 feet of the edge of a coastal waters or streams that include the placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials.
(f) Alteration or reconstruction of any structure on a beach, wetland, stream, or lake seaward of the mean high tide line; where the structure or proposed improvement would encroach within 50 feet of the edge of a coastal bluff.
(g) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff, or stream or in areas of natural vegetation.
(h) Any method of routine maintenance dredging that involves:
(1) The dredging of 100,000 cubic yards or more within a 12-month period.
(2) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or a sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
(3) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the California Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
(i) Any repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
(1) Repair or maintenance involving substantial alteration of the protective work including pilings and other surface or subsurface structures.
(2) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other form of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries.
(3) The replacement of 20 percent or more of the structural materials of an existing structure with materials of a different kind.
(Added by Ord. 509-85, App. 11/22/85)
SEC. 330.4.1. PROJECTS REQUIRING A COASTAL ZONE PERMIT FROM THE CALIFORNIA COASTAL COMMISSION.
The California Coastal Commission shall retain coastal permit review jurisdiction over all tidelands, submerged lands below the mean high tide, and any other area so designated on Sectional Maps CZ4, CZ5, and CZ13 of the Zoning Map, including the Olympic Country Club, Lake Merced, and the Pacific Ocean shore extending 3 miles out to sea from the mean high tide.
(Added by Ord. 509-85, App. 11/22/85)
SEC. 330.5. APPLICATION FOR A COASTAL ZONE PERMIT.
A Coastal Zone Permit shall be applied for at the Planning Department concurrent with other necessary project permit(s).
(a) An application for a Coastal Zone Permit where a Conditional Use authorization is required shall be reviewed subject to the procedures for reviewing conditional use applications in Section 303 of the Planning Code.
(b) An application for a Coastal Zone Permit where a variance application is required shall be reviewed subject to the procedures for variances in Section 305 of the Planning Code.
(c) An application for a Coastal Zone Permit where a building permit authorization is required shall be reviewed subject to the procedures set forth in the Planning Code, Building Code and Business and Tax Regulations Code.
(d) Planning Code amendments and changes to the Zoning Map shall be conducted according to Section 302 of the Planning Code.
(1) Amendments to the Local Coastal Program, include, but are not limited to, any action by the Planning Commission, or Board of Supervisors which authorizes a use of a parcel of land other than that designated in the certified Local Coastal Program as a permitted use of such parcel.
(2) Any proposed amendments, set-back proceedings, zoning map changes or interim zoning controls which may alter the Local Coastal Program shall be submitted as a request for an amendment of the Local Coastal Program for review by the California Coastal Commission. No more than three submittals may be made per calendar year. Such amendment shall take effect only after it has been certified by the California Coastal Commission.
(Added by Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.5.1. PERMIT APPLICATION REVIEW FOR CONSISTENCY WITH THE LOCAL COASTAL PROGRAM.
(a) The City Planning Department shall review all Coastal Zone Permit Applications, Building Permit Applications, Conditional Use Applications, Variances, City Planning Code Amendments, and Zoning Map changes within the Coastal Zone for consistency with the requirements and objectives of the San Francisco Local Coastal Program.
(b) The Board of Permit Appeals shall review all appeals of coastal zone permit applications. Any appeals shall be reviewed by the Board of Permit Appeals for consistency with the requirements and objectives of the San Francisco Local Coastal Program.
(Added by Ord. 509-85, App. 11/22/85)
SEC. 330.5.2. FINDINGS.
The Zoning Administrator or the Planning Commission, or Board of Appeals in reviewing a Coastal Zone Permit Application or an appeal thereof shall adopt factual findings that the project is consistent or not consistent with the Local Coastal Program. A Coastal Zone Permit shall be approved only upon findings of fact establishing that the project conforms to the requirements and objectives of the San Francisco Local Coastal Program.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.5.3. DETERMINATION OF PERMIT JURISDICTION.
The Zoning Administrator shall determine whether or not a project is exempt or subject to a Coastal Permit Application pursuant to Sections 330.2 through 330.4 of the Planning Code. If the project requires a Coastal Zone Permit Application, the Zoning Administrator shall determine whether the project may be appealed to the California Coastal Commission, or whether the project can only be appealed locally to the Board of Appeals.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.5.4. PLANNING COMMISSION REVIEW OF COASTAL ZONE PERMITS.
The Planning Commission shall hold a public hearing on any Coastal Zone Permit Application for which the Zoning Administrator has determined from the findings that the project has a significant impact on the Coastal Zone. Any projects which may be appealed to the California Coastal Commission shall be scheduled for review by the Planning Commission. The Planning Commission may schedule a public hearing on any Coastal Zone Permit Application on its own motion.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.6. COASTAL COMMISSION NOTIFICATION.
The Planning Department shall notify the California Coastal Commission of each Coastal Zone Permit Application received as follows:
(a) A written notice to the California Coastal Commission shall be mailed within 10 calendar days of filing of a Coastal Zone Permit Application with the Planning Department. This notice shall include the application number, address or location, the nature of the project, determination of whether the project is exempt, or appealable to the California Coastal Commission, and schedule for permit review.
(b) A written notice to the California Coastal Commission shall be mailed within seven calendar days after a final decision has been made by the Zoning Administrator or Planning Commission. Notice of approval shall include the findings, the action taken by the Zoning Administrator or Planning Commission, Conditions of Approval if any, and procedures for appeal.
(c) The Planning Department shall notify in writing the California Coastal Commission of any appeal of a Coastal Zone Permit Application to the Board of Appeals. This notification shall take place within 10 calendar days of filing the appeal. A notice of final action on the appeal shall be mailed by the Planning Department to the California Coastal Commission within seven calendar days of such action.
(d) A local decision on a Coastal Zone Permit shall not be deemed complete until:
(1) The local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not consistent with the Local Coastal Program; and
(2) When all local rights of appeal have been exhausted.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.7. PUBLIC NOTICE.
In addition to the notice standards of Sections 306 through 306.5 in this Code, and any other notice requirement by the Building Code or any other notice required by the Municipal Code, the Zoning Administrator shall provide notice of a Coastal Zone Permit Application as required by Section 333 of this Code.
(Ord. 509-85, App. 11/22/85; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
SEC. 330.8. EMERGENCY COASTAL ZONE AUTHORIZATION.
In case of an emergency, temporary emergency authorization to proceed may be given by the Director of Planning or his designee until such time as a full Coastal Zone Permit Application shall be filed.
(a) An applicant may request an Emergency Coastal Zone Authorization by letter to the Director of Planning, in person or by telephone, if time does not allow. The following information shall be included in the request:
(1) The nature of the emergency;
(2) The cause of the emergency, insofar as this can be established;
(3) The location of the emergency;
(4) The remedial, protective, or preventive work required to deal with the emergency;
(5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
(b) The Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. The Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency. If time does not allow for public notice to be given before the emergency work begins, the Director shall provide public notice of the action taken soon thereafter. The Director may grant emergency authorization upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that:
(1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the terms of the authorization;
(2) Public comment on the proposed emergency action has been reviewed, if time allows;
(3) The work proposed would be consistent with the requirements of the Local Coastal Program.
(c) The Director shall not grant an Emergency Coastal Zone Authorization for any work that falls within an area that the Coastal Commission retains direct permit review authority as designated on Section Maps CZ4, CZ5, and CZ13 of the Zoning Map. In such areas, an applicant may request emergency authorization from the California Coastal Commission.
(d) The Director shall report, in writing, to the Coastal Commission and to the Planning Commission, at its first scheduled meeting after authorizing the emergency work, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the Director shall be informational only; the decision to grant an Emergency Coastal Zone Authorization is at the discretion of the Director of Planning or his designee.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.10. APPEALABLE PROJECTS.
The following projects may be appealed to the California Coastal Commission:
(a) Projects approved between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, or as otherwise indicated in Sectional Maps CZ4, CZ5, and CZ13 of the Zoning Map.
(b) Projects approved and located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff.
(c) Any project which constitutes a major public works project or a major energy facility, including the following:
(1) All production, storage, transmission and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.
(2) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. A railroad whose primary business is the transportation of passengers shall not be considered public works nor a development if at least 90 percent of its routes located within the coastal zone utilize existing rail or highway rights-of-way.
(3) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.
(4) All community college facilities.
(5) Major public works or energy facility with an estimated cost of $100,000 or more.
(6) Energy facilities is any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
(d) Projects proposing a use that is not designated as the principal permitted use in the applicable Zoning District in subsection 330.9(c).
(Ord. 509-85, App. 11/22/85; amended by Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024)
AMENDMENT HISTORY
Division (d) added; Ord. 111-24, Eff. 7/14/2024.
SEC. 330.11. WHO MAY APPEAL A COASTAL ZONE PERMIT TO THE CALIFORNIA COASTAL COMMISSION.
Appeal of a local decision may be filed by: (1) an applicant; (2) any aggrieved person as defined in Section 330.2(a); or (3) any two members of the California Coastal Commission. In the case of appeal by two Coastal Commission members local appeal need not be exhausted.
(Ord. 509-85, App. 11/22/85)
SEC. 330.12. PERMIT APPROVAL BY OPERATION OF LAW.
(a) If the Planning Department has failed to act on a Coastal Zone Permit Application within a one-year period from the date of which the application has been accepted as complete, the person claiming a right to proceed shall notify in writing the Zoning Administrator of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
(b) When an applicant claims that a Coastal Zone Permit Application has been approved by operation of law, a written notice shall be mailed by the Zoning Administrator within seven calendar days of such action to the California Coastal Commission and any person entitled to receive notice that the application has been approved by operation of law. Approval of a Coastal Zone Permit Application by expiration of time limitation may be appealed to the California Coastal Commission.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.13. EFFECTIVE DATE OF APPROVED PROJECTS.
(a) A final decision on an application for an appealable project shall become effective after a 10 working day appeal period to the California Coastal Commission has expired, unless either of the following occur: (1) a valid appeal is filed in accordance with City and State regulations, or (2) local government requirements are not met per Section 330.6(b). When either of the above occur, the California Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the local government action has been suspended. The applicant shall cease construction immediately if that occurs.
(b) Coastal Zone Permits for projects not appealable to the California Coastal Commission shall become effective only after other required planning or building permit applications have been issued.
(Ord. 509-85, App. 11/22/85, 1985)
SEC. 330.14. EXPIRATION DATE AND EXTENSIONS.
A Coastal Zone Permit shall expire one year from the date of issuance unless otherwise explicitly modified by approval conditions for the project. The Zoning Administrator may extend a Coastal Zone Permit prior to its expiration for up to 12 months from its original date of expiration. Coastal Zone Permit extensions may be granted upon findings that the project continues to be in conformance with the Local Coastal Program.
(Amended by Ord. 509-85, App. 11/22/85)
SEC. 330.15. COASTAL ZONE PERMIT FEES.
Before accepting any Coastal Zone Permit Application for filing, the Planning Department shall charge and collect a fee as set forth in Section 351(d) for processing a Coastal Zone Permit Application. No fees shall be established for appealing any Coastal Zone Permit.
(Amended by Ord. 509-85, App. 11/22/85; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
SEC. 330.16. PROCEDURAL PERMIT REVIEW CHANGES.
Any proposed changes in the Coastal Zone Permit procedures specified in Sections 330 through 330.16, or any subsequent action by the Board of Supervisors, Planning Commission or Zoning Administrator pertaining to the permit review process of Coastal Zone Permits shall be submitted to the California Coastal Commission for its review prior to final approval. The California Coastal Commission shall take action on any such amendments within a reasonable time period after the submittal of any such proposals.
(Amended by Ord. 509-85, App. 11/22/85)
SEC. 331.1. [REDESIGNATED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.1 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 331.2. [REDESIGNATED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.2 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 331.3. [REDESIGNATED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.3 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 331.4. [REPEALED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 331.5. [REPEALED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 331.6. [REDESIGNATED.]
(Added by Ord. 61-09, File No. 090181, App. 4/17/2009; redesignated as Sec. 422.5 by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 341.1. FINDINGS.
(a) The Planning Commission has adopted the Market and Octavia Area Plan as part of the General Plan of the City and County of San Francisco. The Area Plan, in conjunction with the Market and Octavia Neighborhood Plan, outlines specific goals that cumulatively frame the community's vision for the management of growth and development in the plan area. The Market and Octavia Neighborhood Plan introduces innovative policies and land use controls to achieve the plan goals. Successful fruition of the plan's goals requires a coordinated implementation of land use controls, community and public service delivery, key policies, and community infrastructure improvements.
(b) In order to ensure a balanced implementation of the Market and Octavia Neighborhood Plan, the Planning Department will implement a formal monitoring program, with a focus on key indicators. The monitoring program is necessary to evaluate the effectiveness of the Plan and the impacts of growth, particularly housing supply, neighborhood character, and transportation infrastructure and service. The monitoring program will determine whether necessary infrastructure improvements have keep pace with development in the Plan Area. If monitoring surveys indicate an imbalance in growth of neighborhood and relevant infrastructure and support, the Planning Department must recommend policy changes to balance development with infrastructure and services. Appropriate responses may include further study of specific conditions, temporary or permanent alterations to Market and Octavia Neighborhood Plan policies, amendments to the Planning Code, and the dedication of additional revenue for planned improvements.
(c) Monitoring reports are a standard tool used to ensure a plan's success. The Downtown Plan of 1985 implemented a model monitoring system, which includes both an annual and 5-year monitoring cycle. Annual monitoring efforts for the Market and Octavia Plan Area should be coordinated with these efforts, but include a focus on policies and indicators relevant to the Market and Octavia Neighborhood Plan. The Market and Octavia time series monitoring report should be published independently.
(d) The Market and Octavia Plan is a pilot planning effort, implementing modern planning strategies. Data on the successes will be a useful contribution to the field of planning and to other municipalities aiming to achieve transit-oriented communities.
(e) The Planning Department will execute a two-tiered monitoring program. The two tiers are: 1) An annual collection and reporting of data from selected sources that are gathered on a regular basis, and 2) every five years, a more extensive data collection effort that includes a evaluation of policy objectives specific to the Market and Octavia Area Plan and reporting of neighborhood trends. The annual monitoring will provide notice for trends that may develop, gauging progress towards long range goals. The time series report will provide in depth analysis of the Plan Area, including a discussion of qualitative trends.
(f) In coordination with relevant Board of Supervisor representatives and related City agencies a Citizens Advisory Committee shall be formed to participate in the on-going implementation of the Market and Octavia Plan. This Committee shall participate in monitoring efforts, as needed, and be presented a copy of all reports.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)
SEC. 341.2. ANNUAL REPORTING.
The Planning Department shall prepare an annual report detailing the housing supply and development, commercial activities, and transportation trends in the Market and Octavia Plan Area. The information shall be presented to the Board of Supervisors, Planning Commission, the Citizens Advisory Committee, and Mayor, and shall address: (1) the extent of development in the Market and Octavia Plan Area; (2) the consequences of that development; (3) the effectiveness of the policies set forth in the Market and Octavia Area Plan in maintaining San Francisco's environment and character; and (4) recommendations for measures deemed appropriate to deal with the impacts of neighborhood growth.
(a) Time Period and Due Date. Reporting shall be presented by July 1st of each year, and shall address the immediately preceding calendar year.
(b) Data Source. The Planning Department shall assemble data for the purpose of providing the reports. City records shall be used wherever possible. Outside sources shall be used when data from such sources are reliable, readily available and necessary in order to supplement City records. When data is not available for the exact boundaries of the Plan Area, a similar geography will be used and noted.
(c) Categories of Information. The following categories of information shall be included: Commercial Space and Employment.
(1) The amount of office space "Completed," "Approved," and "Under Construction" during the preceding year, both within the Plan Area and elsewhere in the City. This inventory shall include the location and square footage (gross and net) of those projects, as well as an estimate of the dates when the space "Approved" and "Under Construction" will become available for occupancy.
(2) Plan Area and Citywide Employment trends. An estimate of additional employment, by occupation type, in the Plan Area and Citywide.
(3) Retail Space and Employment. An estimate of the net increment of retail space and of the additional retail employment relocation trends and patterns Plan Area and Citywide.
(4) Business Formation and Relocation. An estimate of the rate of the establishment of new businesses and business and employment relocation trends and patterns within the Plan Area and Citywide Housing.
(5) Housing Units Certified for Occupancy. An estimate of the number of housing units in the Plan Area and throughout the City newly constructed, demolished, or converted to other uses.
(6) Affordable Housing Production. An estimate of the number of new affordable housing units in the Plan Area and throughout the City, including information on affordability and funding sources.
(7) Unit size. An estimate of the mix of unit sizes in the Plan Area and throughout the City including new construction, unit mergers and unit subdivisions.
(8) Unit Conversion. An estimate of average number by unit type in the Plan Area and throughout the City, including condo conversion, and eviction cases.
(9) Enforcement of Project Entitlements. A summary of successful compliance with conditions and design standards for development projects approved in the Plan Area and any enforcement actions taken to ensure compliance or adjudicate complaints
Transportation.
(10) Parking Inventory. An estimate of the net increment of off-street parking spaces in all Districts.
(11) Transit Service. An estimate of transit capacity for peak periods.
(12) Transit infrastructure and capacity improvements. A summary of new transit infrastructure and capacity improvements in the Plan Area and affecting the Plan Area as projected in the Market/Octavia Plan, including a comparison of that increased and improved transit service relative to the number of new housing units and office space approved during the same period.
(13) Transit Impact Fee. A summary of the use of the transit impact development fee funds, identifying the number of vehicles, personnel and facilities acquired.
(d) Report. The analysis of the factors under Commercial Space, Housing and Transportation will compare Plan Area trends to existing conditions, Citywide trends, and regional trends, when relevant. The comparisons will indicate the degree that the City is able to accommodate new development as projected within the Plan Area. Based on this data, the Department shall analyze the effectiveness of City policies governing Plan Area growth and shall recommend any additional measures deemed appropriate.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)
SEC. 341.3. TIME SERIES REPORT.
By July 15, 2008, and every fifth year thereafter on July 15th, the report submitted shall address the preceding five calendar years and, in addition to the data described above, shall include a cordon count of the following key indicators:
(a) Implementation of Proposed Programming. The area plan proposes the implementation of various programs including impact fees for development, parking and curb cuts, residential permit parking reform, shared parking programs, and historic preservation survey. Implementation of said programs shall report the following:
(1) Fees. Monitor expenditure of all implemented fees. Report on studies and implementation strategies for additional fees and programming.
(2) Parking Programs. Report on implementation strategies, including cooperation with relevant agencies, and success of program as implemented.
(3) Historic Preservation Surveys. Report findings of survey. Detail further proceedings with regards to findings of survey work.
(b) Community Improvements. The Area Plan outlines major community improvements in the areas of open space, transportation, pedestrian realm, and community services. Implementation of improvements will be documented, including a focus on the following:
(1) Transportation Infrastructure and Services. Successful implementation of the Market and Octavia Plan requires that transportation services keep pace with existing and new demands. Citywide efforts to improve transit services, including the Transit Effectiveness Project (TEP), must be implemented in order to provide adequate service to the area. The time series reports shall report on the City's coordination of transit services with projected development, and provide recommendations for balancing transportation infrastructure with projected growth.
(2) Affordable Housing. Development of subsidized housing, below market rate units, off-site inclusionary housing, affordable housing built with in-lieu fee payments, and other types of affordable housing
(3) First Source Hiring. The Department shall cooperate with the First Source Hiring Administration and the CAC to report to the Board of Supervisors on the status of monitoring and enforcement of the First Source Hiring ordinance, Administrative Code Sections 83 et seq. in the Plan Area with the goal of increasing compliance with the First Source Hiring requirements. The Planning Department, First Source Hiring Administration, and CAC shall report to the Board on the compliance of ongoing commercial operations subject to the requirements of the First Source Hiring ordinance in addition to the compliance of the initial developer of the property.
(c) Planning Code Performance. Better Neighborhoods plans aim to clarify development proceedings, thus reducing the number of variances, articulating conditional use processes, and facilitating the development process. The permit process in the Plan Area and Citywide will be evaluated.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)
SEC. 341.4. INFORMATION TO BE FURNISHED.
It shall be the duty of the heads of all departments, offices, commissions, bureaus and divisions of the City and County of San Francisco, upon request by the Planning Department, to furnish such information as they may have or be able to obtain relating to the matters to be included in the reports required herein.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008)
SEC. 342.1. DEFINITIONS.
AMENDMENT HISTORY
SEC. 342.2. HEALTH CARE SERVICES MASTER PLAN: COMPONENTS.
(a) The Department of Public Health and the Planning Department shall prepare a Health Care Services Master Plan that displays and analyzes information concerning the geography (including natural features of land, weather, and water supply), demography, epidemiology, economics/finance, neighborhood characteristics, intensity of use, workforce, technology, and governmental policy pertinent to distribution, access, quality and cost of health care services in the City, including the use of the health care services by patients from outside the City, and referral of patients from the City to medical institutions located outside the City limits. Based on this information, the Health Care Services Master Plan will identify existing and anticipated future needs for health care services compared to available and anticipated resources and potential impacts on neighborhoods, and make recommendations for improving the match between needs and resources, as well as where health care services may be located within an area of the City to minimize land use burden on particular neighborhoods. The Health Care Services Master Plan shall consider neighborhood density, uses, transit and infrastructure availability, traffic characteristics, including mode split among cars, public transit, bicycles and pedestrians.
(b) The Health Care Services Master Plan shall, to the extent feasible, contain all of the following components:
(1) Health System Trends Assessment. The Health Care Services Master Plan shall describe and analyze trends in health care services with respect to the City, including but not limited to: disease and population health status; governmental policy (at the national, state, regional levels); disaster planning; clinical technology; communications technology; payment for services; sources and uses of capital for investment in services; organization and delivery of services; workforce; community obligations of providers, and any other trends that, in the discretion of the Department of Public Health, may affect availability, location, access and use of services in the City.
(2) Capacity Assessment. The Health Care Services Master Plan shall quantify the current and projected capacities of existing Medical Uses in San Francisco, including public and private facilities and for and non-profit organizations. The capacity assessment shall describe, analyze, and project resources available for emergency services, including trauma services; acute hospital services, including beds and services that require specialized facility accommodations; ambulatory care services including primary care; specialty physician services; hospital-based and free-standing urgent care services; rehabilitation, long term care and home health services; and behavioral health services including psychiatric emergency, services. In addition, the capacity assessment shall quantify "surge capacity" needs in the event of a disaster.
(3) Land Use Assessment. The Health Care Services Master Plan shall assess the supply, need and demand for Medical Uses in the different neighborhoods of the City; the potential effects or land use burdens of locating such services in particular neighborhoods; and the potential for displacement of other neighborhood-serving uses that may occur as a result of the placement of Medical Uses
(4) Gap Assessment. The Health Care Services Master Plan shall identify medical service gaps across the City and medically underserved areas for particular services with reference to geography, transportation/communication options, and unique barriers to accessing care, including but not limited to the absence of cultural competence, language, race, immigration status, gender identity, substance abuse, and public assistance.
(5) Historical Role Assessment. The Health Care Services Master Plan shall take into consideration the historical role played, if any, by medical uses in the City to provide medical services to historically underserved groups, such as minority or low income communities.
(6) Recommendations. The Health Care Services Master Plan shall include policy recommendations to promote an equitable and efficient distribution of healthcare services in the City; the elimination of healthcare service gaps and medically underserved areas; and the placement of Medical Uses within the City in a manner that is consistent with the character, needs and infrastructure of the different neighborhoods, and that promotes and protects the public health, safety, convenience and general welfare.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.3. HEALTH CARE SERVICES MASTER PLAN PROCESS.
(a) Timing for Health Care Services Master Plan Completion. The Department of Public Health, or its designated consultant, shall work with the Planning Department to complete a draft Health Care Services Master Plan within twelve (12) months of the effective date of this ordinance, which time may be extended upon request and by approval of the Board of Supervisors.
(b) Preparation of the Health Care Services Master Plan. The Department of Public Health shall hold at least two publicly-noticed informational hearings and/or workshops during the course of the preparation of the draft Health Care Services Master Plan. The Planning Department shall participate in all hearings and/or workshops.
(c) Upon completion of a draft Health Care Services Master Plan, the Department of Public Health shall provide public notice of the availability of the Health Care Services Master Plan draft for public review. The notice shall specify a period of no less than thirty (30) days during which written comments will be received by the Department of Public Health and the Planning Department on the draft Health Care Services Master Plan.
(d) Public Hearing. After the close of the written public comment period, the Health Commission and Planning Commission shall hold a joint public hearing on the draft Health Care Services Master Plan: The Commissions shall set the time and date for the hearing within a reasonable period, but in no event shall the hearing date be more than thirty (30) days after the close of the written public comment period. The Commissions may recommend approval or may request additional information or revisions in the Health Care Services Master Plan. If the Health Commission or Planning Commission requests significant or material additional information or revisions for the Health Care Services Master Plan, then the Health Commission and Planning Commission shall hold additional public hearings to consider such changes, either jointly or separately.
(e) The Health Commission and the Planning Commission may recommend approval or disapproval of the Health Care Services Master Plan. Following such recommendations, the Board of Supervisors shall schedule a hearing to consider a resolution to adopt the Health Care Services Master Plan.
(f) Plan Update. The Department of Public Health and Planning Department shall update the Health Care Services Master Plan every three (3) years including a summary of changes since the prior Health Care Services Master Plan was approved. The Department of Public Health and the Planning Department may update the Health Care Services Master Plan at any time if either department believes an update is necessary. If the departments are unable to update the Health Care Services Master Plan within three (3) years of the prior update, they must seek an extension of time from the Board of Supervisors. The Health Commission, the Planning Commission, and the Board of Supervisors shall consider and approve Health Care Services Master Plan updates based upon the same procedures described in subsections (a)-(e) above.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.4. CONSISTENCY DETERMINATION FEE.
The Planning Department may charge and collect from a Medical Use requiring a Consistency Determination pursuant to these sections 342 to 342.10 a fee for the preparation of the required Consistency Determination. This fee shall be sufficient to recover actual costs that the Department incurs and shall be charged on a time and materials basis. The Department also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing of the Consistency Determination. Upon request of the Medical Use, the Department shall provide in writing an estimate of the fee to be charged, and the basis for the fee. This fee shall be payable at the time the Consistency Determination Application is submitted.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.5. CONSISTENCY DETERMINATION.
(a) On January 2, 2013 or upon adoption of the Health Care Services Master Plan, whichever date is later, any change of use to a Medical Use, as defined in Section 342.1(a) that would occupy 10,000 gross sf of floor area, or any expansion of an existing Medical Use that would add at least 5,000 gross sf of floor area shall file a Consistency Determination Application with the Planning Department. The Planning Department shall make findings that the proposed or expanded Medical Use is consistent with the most recently updated Health Care Master Plan recommendations.
(b) Consistent Applications. If the Planning Department finds. after consultation with the Health Department, that an application appears to be on balance consistent with the recommendations of the Health Care Services Master Plan, the Planning Department shall issue a Consistency Determination to the applicant, and shall immediately post it on the department's website, inviting interested persons to provide public comment on the Consistency Determination. The Planning Department shall not take any action on the land use application for a minimum of fifteen (15) days following the issuance and notice of the Consistency Determination. If the Planning Department receives no written objections to the Consistency Determination within fifteen (15) days, the Consistency Determination is final. If the Planning Department receives written objections setting forth substantive arguments, as determined by the Planning Director and his or her designee, that the application is not consistent with the recommendations of the Health Care Services Master Plan it shall follow the procedures set forth below for inconsistent applications.
(c) Inconsistent Applications. If the Planning Department finds that an application appears to be on balance inconsistent with the recommendations of the Health Care Services Master Plan, it shall submit the application to the Health Commission. The Health Commission shall review the application at a public hearing and issue written recommendations concerning whether the applicant's proposal is consistent with the recommendations of the Health Care Services Master Plan. If the Health Commission finds that the application is inconsistent with the Health Care Services Master Plan, the Health Commission shall make recommendations to achieve consistency. If the Health Commission finds that the application is consistent with the Health Care Services Master Plan, it shall make written findings to this effect. The Health Commission shall submit its recommendations or written findings to the Planning Commission within thirty (30) days after receipt of the application. Prior to the Planning Commission's consideration of the Health Commission's recommendation, the applicant may amend its application in an effort to achieve consistency with the Health Care Services Master Plan.
(d) Public Hearing. The Planning Commission shall hold a public hearing to consider public testimony regarding whether the application is consistent with the recommendations of the Health Care Services Master Plan within 30 days after receiving the findings from the Health Commission unless the proposed or expanded Medical Use includes other associated entitlements. If the proposed or expanded Medical Use includes other entitlements necessitating a Planning Commission hearing, the Planning Commission shall hear the Application for Consistency Determination at the same time it considers those other entitlements. The Planning Commission shall consider the recommendations of the Health Commission when making a final decision whether or not to issue a Consistency Determination, and shall make written findings to this effect. The Planning Commission may only approve an entitlement for which it did not issue a Consistency Determination if countervailing public policy considerations justify its approval.
(e) City Consideration of Consistency Determination. When a Consistency Determination is required pursuant to Section 342.5(a), the Planning Department, the Zoning Administrator and all other involved city agencies shall not approve any permit or entitlements for a Medical Use unless the Medical Use obtained a Consistency Determination from the Planning Department or the Planning Commission, or the Planning Commission found that countervailing public policy considerations justify approval of the application despite its inconsistency with the Health Care Services Master Plan.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.6. APPEALS.
(a) Within thirty (30) days of the issuance or denial of a Consistency Determination by the Planning Commission, any person may file an appeal. If the Board of Supervisors has authority to review any associated entitlements, the appeal of the Consistency Determination shall be filed with the Board of Supervisors. If the Board of Supervisors does not have authority to review any associated entitlement the appeal shall be filed with the Board of Appeals.
(b) Appeal to the Board of Supervisors: The Board of Supervisors shall hold a public hearing on an appeal of a Consistency Determination. If the Board of Supervisors, based on all of the information before it, disagrees with the Planning Commission's decision to grant or deny a Consistency Determination, the Board of Supervisors may reverse such decision. The Board of Supervisor's decision shall be final.
(c) Appeal to the Board of Appeals: The Board of Appeals shall hold a public hearing on an appeal of a Consistency Determination: The Board of Appeals may, based on all of the information before it and on the affirmative vote of four of its members (or, if a vacancy exists, by a vote of three members), disagree with the Planning Commission's decision to grant or deny a Consistency Determination. In such cases the Board of Appeals may overrule the Planning Commission's decision and shall state in writing the reasons for its action. The Board of Appeals' decision shall be final.
(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.7. AUTHORITY TO ADOPT RULES AND REGULATIONS.
The Planning Director, in consultation with the Department of Public Health, may prepare rules, regulations, or guidelines to implement and enforce these sections 342 to 342.10. Rules or regulations prepared pursuant to this Section shall be adopted at a regular meeting of the Planning Commission, by a majority vote following a public hearing, provided that the amendment has been calendared for hearing for at least ten days.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.8. PREEMPTION.
In adopting sections 342 to 342.10, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to take any actions that are required, directed, or expressly authorized by Federal or State law. This ordinance shall not apply to prohibit conduct that is prohibited by Federal and State law. The ordinance does not intend to supplant or supersede any state or local land use or environmental laws or regulations, including but not limited to the City's land use planning and zoning ordinances and the California Environmental Quality Act.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.9. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
In undertaking the adoption and enforcement of these sections 342 to 342.10, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a person to sue for money damages for an injury that the person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by these sections.
(Added by Ord. 300-10, File No. 101057)
SEC. 342.10. SEVERABILITY.
If any of the provisions of these sections 342 to 342.10 or the application thereof to any person or circumstance is held invalid, the remainder of these sections, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of these sections are severable.
(Added by Ord. 300-10, File No. 101057)
New Ordinance Notice
Publisher's Note: This section has been AMENDED by new legislation (Ord. 111-24
, approved 6/13/2024, effective 7/14/2024, oper. conditional). The text of the section will be included below when the enacting legislation is operative.
(a) All Coastal Zone Permit Applications may be appealed to the Board of Appeals as described in Section 308.2 of this Code. Local appeal of a Coastal Zone Permit is not subject to the aggrieved party provisions in Section 330.2(a) of this Code, but must comply with the appeal review procedures of Section 330.5.1(b) and Section 330.5.2 of this Code.
(b) Appeal to the California Coastal Commission is available only for approved projects in the appealable area of the Coastal Zone, as designated in Sectional Maps CZ4, CZ5 and CZ13 of the Zoning Map; under California Public Resources Code Section 30603(a)(4), for approved projects that involve a use that is not the principal permitted use designated in Planning Code Section 330.9(c); and under California Public Resources Code Section 30603(a)(5), for approved or disapproved projects that involve a major public works project or a major energy facility, all as further described in Section 330.10.
(c) Principal Permitted Use Under the Local Coastal Program. Notwithstanding any other provisions of this Code or the City and County’s Local Coastal Program Implementation Plan that identify principal permitted, conditional, and other types of uses, the principal permitted use for the purposes of California Public Resources Code Section 30603(a)(4) shall be as described in this subsection (c). The designation of the principal permitted use for the purpose of the Local Coastal Program does not alter the uses permitted on any site under the Planning Code or applicable requirements under the Planning Code.
(D)1
Public Districts: Public Uses, where that shall be understood to mean a Public Facility, Open Recreation Area, or Passive Outdoor Recreation.
(d) A Coastal Zone Permit decision which may be appealed to the California Coastal Commission can be appealed by filing with the California Coastal Commission within 10 working days after the California Coastal Commission receives notice of final action from the Planning Department. Appeals to the California Coastal Commission are subject to the aggrieved party provisions in Section 330.2(a).
(e) An applicant is required to exhaust local appeals before appealing to the California Coastal Commission.
(f) Major public works and energy facilities within the Coastal Zone may be appealed to the California Coastal Commission whether approved or not by the local government.
AMENDMENT HISTORY
CODIFICATION NOTE
1. So in Ord. 111-24.