CHAPTER 35:
RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION

Sec. 35.1.	Short Title.
Sec. 35.2.	Declaration of Policy.
Sec. 35.3.	Definitions.
Sec. 35.4.	Protection of PDR Uses.
Sec. 35.5.	Exemptions and Nonapplication.
Sec. 35.6.	Notice Requirements for Transfer of Real Property for Residential Use.
Sec. 35.7.	Planning Department and Commission Review of Residential Projects.
Sec. 35.8.	Severability.
Sec. 35.9.	No Private Right of Action Against City.

 

SEC. 35.1. SHORT TITLE.

   This Chapter 35 may be referred to as the Residential and PDR Compatibility and Protection Ordinance.

(Added by Ord. 223-06, File No. 060265, App. 8/11/2006; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 35.2. DECLARATION OF POLICY.

   It shall be the policy of the City and County of San Francisco (City) to protect its existing and future Production, Distribution, and Repair (PDR) Uses from potentially incompatible adjacent and nearby development provided that such Uses are conducted and maintained in accordance with all applicable federal, state, and local laws and regulations. The City encourages the use of best available control technologies and best management practices whenever possible to further reduce the potential for incompatibility with other uses, including residential.

   Furthermore, it shall be the policy of the City to support the health, safety, and welfare of the future residents of and overnight visitors to Industrial, PDR, and mixed-use neighborhoods by providing for a notification process so that such residents and overnight visitors are made aware of some of the possible consequences of moving to or staying in such neighborhood and by requiring features in any new residential or hotel construction designed to promote the compatibility of residential and hotel and adjacent or nearby PDR uses.

(Added by Ord. 223-06, File No. 060265, App. 8/11/2006; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021)

SEC. 35.3. DEFINITIONS.

   For the purposes of this Chapter 35, the following definitions shall apply.

   “Eligible PDR Use” means any legally existing, including legally non-conforming, or future PDR Use, as defined in this Section, conducted or maintained for PDR purposes, in accordance with all applicable federal, state, and local laws and regulations.

   “Hotel Use” is as defined in Planning Code Section 102.

   “PDR Use” is as defined in Planning Code Section 102.

   “PDR Use Zoning District” means a zoning district designated in Planning Code Section 201 as an Industrial District, Production Distribution Repair District, or Eastern Neighborhoods Mixed Use District.

   “Property” means all real property inside a PDR Use Zoning District.

   “Residential Use” is as defined in Planning Code Section 102.

   “Transfer” means sale or lease.

   “Transferee” means a purchaser or lessee of all or any portion of a Property, and includes but is not limited to the purchaser or lessee’s partners, assigns, successors, representatives, and heirs. “Transferee” shall not mean a guest at a Hotel or Motel.

   “Transferor” means an owner of a Property who sells or leases all or any portion of the structure to a Transferee, and includes but is not limited to the owner’s partners, assigns, successors, and representatives.

(Added by Ord. 223-06, File No. 060265, App. 8/11/2006; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

SEC. 35.4. PROTECTION OF PDR USES.

   No Eligible PDR Use shall be or become a public or private nuisance if the PDR Use operates in compliance with the Municipal Code and state and federal law, and with the terms of its permits.

(Added by Ord. 223-06, File No. 060265, App. 8/11/2006; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)