SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.

   (a)   Zoning Control Tables. Each Chinatown Mixed Use District has a corresponding Zoning Control Table that details the basic development standards and Use controls for the respective district. Zoning control tables are explained in Section 202.1 of this Code. Permitted Uses, Conditionally Permitted Uses, and Uses that are not permitted in the zoning districts described in this Section 803.2 are detailed in the corresponding zoning control tables.

   (b)   Uses in Enclosed Buildings. All Permitted and Conditionally Permitted Uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an Outdoor Activity Area, Neighborhood Agriculture, Wireless Telecommunications Services Facility, and uses which by their nature are to be conducted in an open lot or outside a building.

   (c)   Multiple Uses in One Structure. If there are two or more uses in a structure and none is classified under Section 803.2(d) of this Code as an Accessory Use, then each of these uses will be considered separately as an independent permitted, conditional, temporary, or not permitted use.

   (d)   Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located on the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.

      No use in a Chinatown Mixed Use District will be considered accessory to a Principal Use which involves or requires any of the following:

      (1)   The use of more than one-third of the total floor area occupied by both the Accessory Use and the Principal Use to which it is accessory, combined, except in the case of accessory off-street parking;

      (2)   Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site;

      (3)   Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store;

      (4)   The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.

      (5)   Medical Cannabis Dispensaries.

      (6)   Any General Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060et seq.

      (7)   Cannabis Retail.

      No part of this subsection (d) shall prohibit take-out food activity which operates in conjunction with a Restaurant or Limited Restaurant, which includes takeout food as an accessory and necessary part of its operation.

   (e)   Temporary Uses. Uses not otherwise permitted are permitted in Chinatown Mixed Use Districts to the extent authorized by Sections 205, 205.1, or 205.2 of this Code, except that Temporary Cannabis Retail Uses shall not be permitted in Chinatown Mixed Use Districts.

   (f)   Not Permitted Uses.

      (1)   Uses which are not listed in this Article 8 are not permitted in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be Permitted Uses in accordance with Section 307(a) of this Code.

      (2)   No use, even though listed as a Permitted Use or otherwise allowed, shall be permitted in a Chinatown Mixed Use District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

      (3)   The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 202(b)(1).

      (4)   No off-street parking garage installations or new curb cuts are permitted on the alleyways in the Chinatown Mixed-Use Districts.

   (g)   Other Chinatown Mixed Use District Provisions.

      (1)   Garages in Existing Residential Buildings. Installing a garage in an existing residential building of four or more units requires a mandatory discretionary review hearing by the Planning Commission; Section 311 notice is required for a building of less than four units. In approving installation of the garage, the Planning Commission shall find that:

         (a)1    the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code;

         (b)   the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a Dwelling Unit without increasing the floor area in a commensurate amount;

         (c)   the building has not had two or more “no-fault” evictions, as defined in Section 37.9(a)(7) through (9) and (11) through (13) of the San Francisco Administrative Code, with each eviction associated with a separate unit(s) within the past 10 years, and

         (d)   the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code.

      Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (a), (b), and (c) above,1 which the Department shall independently verify. The Department shall also have made a determination that the project complies with (d) above.1

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 420-97, App. 11/7/97; Ord. 270-04, File No. 041070, App. 11/9/2004; Ord. 298-06, File No. 061261, App. 12/12/2006; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 245-08, File No. 080696; Ord. 269-08, File No. 081234, App. 11/25/2008; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 172-11 , File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 196-18, File No. 180320, App. 8/10/2018, Eff. 9/10/2018; Ord. 213-18, File No. 180319, App. 9/14/2018, Eff. 10/15/2018; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)

AMENDMENT HISTORY

Table 803.2 rows 803.2.74A and .74B added; division (b)(1) amended, division (b)(1)(B)(vi) added; Ord. 66-11 , Eff. 5/20/2011. Division (b)(1)(B) amended; division (b)(1)(C)(v) added; Ord. 140-11, Eff. 8/4/2011. Division (b)(1)(C)(ii) amended; division (b)(1)(C)(vi) added; division (b)(1)(C) concluding paragraph amended; Ord. 172-11 , Eff. 10/12/2011. Table 803.2 rows 803.2.41, .43, and .44 amended, former rows 803.2.42 and .45 deleted; Ord. 75-12 , Eff. 5/23/2012. Former divisions (b)(1)(B)(v)(1)-(4) redesignated as (b)(1)(B)(v)a.-d.; designation of divisions (b)(1)(B)(vi) and (b)(1)(C)(vi) corrected; Ord. 56-13 , Eff. 4/27/2013. Table 803.2 rows 803.2.38a, .38b, .39a, and .39b amended; Ord. 287-13 , Eff. 1/25/2014. Reference amended in division (b)(1)(B); Ord. 235-14 , Eff. 12/26/2014. Table 803.2 row 803.2.99 added; division (b)(1) amended; Ord. 166-16 , Eff. 9/10/2016. Table 803.2 row 803.2.75 added; divisions (b)(1), (b)(1)(C) amended; division (b)(1)(C)(vii) added; Ord. 229-17, Eff. 1/5/2018. Undesignated introductory paragraph amended; divisions (b)(1)(C)(i), (ii), (iv), and (v) amended; Ord. 196-18, Eff. 9/10/2018. Undesignated introductory paragraph and divisions (a), (b)(1)(C)(vii), and (b)(1)(D) amended; Table 803.2 row 803.2.75 deleted; Ord. 213-18, Eff. 10/15/2018. Undesignated introductory paragraph and Table 803.2 deleted; former divisions (a), (b), and (b)(1)(A)-(b)(1)(B)(vi) deleted; new division (a) added; former division (b)(1) amended and redesignated as (b) and (c); former divisions (b)(1)(C)-(b)(2)(D) amended and redesignated as (d)-(f)(4); division (g) added;  Ord. 208-19, Eff. 10/21/2019.

CODIFICATION NOTE

1.   So in Ord. 208-19.