Purposes. | |
General Plan Consistency and Implementation. | |
Definitions. | |
Housing Balance Monitoring and Reporting. | |
Zoning Map Incorporated Herein. | |
New Names. | |
Severability. | |
This Planning Code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and for the following more particularly specified purposes:
(a) To guide, control and regulate future growth and development in accordance with the General Plan of the City and County of San Francisco;
(b) To protect the character and stability of residential, commercial and industrial areas within the City, and to promote the orderly and beneficial development of such areas;
(c) To provide adequate light, air, privacy and convenience of access to property, and to secure safety from fire and other dangers;
(d) To prevent overcrowding the land and undue congestion of population;
(e) To regulate the location of buildings and the use of buildings and land adjacent to streets and thoroughfares, in such manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(See Interpretations related to this Section.)
(a) The General Plan shall be an integrated, internally consistent and compatible statement of policies for San Francisco. To fulfill this requirement, after extensive public participation and hearings, the Planning Commission shall in one action amend the General Plan by January 1, 1988.
(b) The following Priority Policies are hereby established. They shall be included in the preamble to the General Plan and shall be the basis upon which inconsistencies in the General Plan are resolved:
(1) That existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced;
(2) That existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods;
(3) That the City's supply of affordable housing be preserved and enhanced;
(4) That commuter traffic not impede Muni transit service or overburden our streets or neighborhood parking;
(5) That a diverse economic base be maintained by protecting our industrial and service sectors from displacement due to commercial office development, and that future opportunities for resident employment and ownership in these sectors be enhanced;
(6) That the City achieve the greatest possible preparedness to protect against injury and loss of life in an earthquake;
(7) That landmarks and historic buildings be preserved; and,
(8) That our parks and open space and their access to sunlight and vistas be protected from development.
(c) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after November 4, 1986, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the Priority Policies established above.
(d) The City may not adopt any zoning ordinance or development agreement authorized pursuant to Government Code Section 65865 after January 1, 1988, unless prior to that adoption it has specifically found that the ordinance or development agreement is consistent with the General Plan.
(e) Prior to issuing a permit for any project or adopting any legislation which requires an initial study under the California Environmental Quality Act, and prior to issuing a permit for any demolition, conversion or change of use, and prior to taking any action which requires a finding of consistency with the General Plan, the City shall find that the proposed project or legislation is consistent with the Priority Policies established above. For any such permit issued or legislation adopted after January 1, 1988 the City shall also find that the project is consistent with the General Plan.
(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
(See Interpretations related to this Section.)
For the purposes of this Code, certain words and terms used herein are defined as set forth in this and the following sections. Additional definitions applicable to Signs are set forth in Section 602. Additional definitions applicable to development impact fees and requirements that authorize the payment of in-lieu fees are set forth in Section 401. Additional definitions applicable only to Downtown Residential Districts are set forth in Section 890. Additional definitions applicable only to the North Beach Neighborhood Commercial District and the North Beach Special Use District are set forth in Section 780.3. Additional definitions applicable only to the Bernal Heights Special Use District are set forth in Section 242. Additional definitions applicable only to Article 9, Mission Bay Districts, are set forth in Section 996. All words used in the present tense shall include the future. All words in the plural number shall include the singular number, and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. Whenever any of the following terms is used it shall mean the corresponding officer, department, board or commission or its successor of the City and County of San Francisco, State of California, herein referred to as the City: Assessor, Board of Supervisors, Planning Department, Department of Public Works, Director of Planning, Planning Commission, or Zoning Administrator. In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as a representative or agent of that officer or department.
A
Accessory Use. A related minor Use that is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or appropriate, incidental, and subordinate to any such use, and is located on the same lot. Accessory Uses are regulated by Sections 204 through 204.5 and Sections 703(d), 803.2(d), 803.3(b)(1)(C), 825(c)(1)(C), and 986 of this Code.
Adjacent Building. Generally, a building on a lot adjoining the subject lot along a side lot line.
Adult Business. A Retail Sales and Service Use that includes the following: adult bookstore or adult video store, as defined by Section 791 of the Police Code; adult theater, as defined by Section 791 of the Police Code; and encounter studio, as defined by Section 1072.1 of the Police Code. Such use shall be located no less than 1,000 feet from another Adult Business use.
Agricultural and Beverage Processing 1. An Industrial use that involves the processing of agricultural products and beverages with a low potential for noxious fumes, noise, and nuisance to the surrounding area, including but not limited to bottling plants, breweries, dairy products plant, malt manufacturing or processing plant, fish curing, smoking, or drying, cereal manufacturing, liquor distillery, manufacturing of felt or shoddy, processing of hair or products derived from hair, pickles, sauerkraut, vinegar, yeast, soda or soda compounds, meat products, and fish oil. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d).
Agricultural and Beverage Processing 2. An Industrial Use that involves the processing of agricultural products and beverages with a high potential for noxious fumes, noise, and nuisance to the surrounding area, including but not limited to a flour mill; sugar refinery; manufacturer of cannabis products or extracts that are derived by using volatile organic compounds (any use requiring License Type 7—Manufacturer 2, as defined in California Business and Professions Code, Division 10); and facility for wool pulling or scouring. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d).
Agriculture. A Use Category that includes Industrial Agriculture, Neighborhood Agriculture, and Large-Scale Urban Agriculture.
Agriculture, Industrial. An Agricultural use that involves the cultivation of plants for wholesale sales or industrial uses. This use includes, but is not limited to, plant nurseries and cannabis cultivation operations, and is subject to the location and operating conditions listed in Section 202.2(c). For the cultivation of cannabis, this definition includes all cultivation pursuant to state license types that allow for indoor and/or mixed-light cultivation with up to 22,000 sq. ft. of canopy.
Agriculture, Large-Scale Urban. An Agricultural Use that is characterized by the use of land for the production of food or horticultural crops to be harvested, sold, donated, or otherwise not used or consumed by the operator of the premises that occur: (a) on a plot of land one acre or larger or (b) on smaller parcels that cannot meet the physical and operational standards for Neighborhood Agriculture. This use is subject to location and operational conditions outlined in Section 202.2(c) and does not include any cannabis-related use or any other agricultural activities, including the cultivation of cannabis for personal use.
Agriculture, Neighborhood. An Agricultural Use that occupies less than one acre for the production of food or horticultural crops to be harvested, sold, or donated and complies with the con trols and standards herein. The use includes, but is not limited to, home, kitchen, and roof gardens. Farms that qualify as Neighborhood Agricultural Use may include, but are not limited to, community gardens, community-supported agriculture, market gardens, and private farms. Neighborhood Agricultural Use may be principal or accessory use. This use is subject to location and operational conditions outlined in Section 202.2(c) and does not include any cannabis-related use or any other agricultural activities, including the cultivation of cannabis for personal use.
Agriculture, Urban. Any subgrouping of Agricultural Uses that includes either Neighborhood Agriculture or Large-Scale Urban Agriculture.
Alley. A right-of-way, less than 30 feet in width, permanently dedicated to common and general use by the public.
Ambulance Service. See Service, Ambulance.
Animal Hospital. A Retail Sales and Service Use that provides medical care and accessory boarding services for animals, not including a Kennel.
Arts Activities. A retail Entertainment, Arts and Recreation Use that includes performance, exhibition (except exhibition of films), rehearsal, production, post-production and some schools of any of the following: dance; music; dramatic art; film; video; graphic art; painting; drawing; sculpture; small-scale glassworks; ceramics; textiles; woodworking; photography; custom-made jewelry or apparel; and other visual, performance, and sound arts and craft. It shall exclude accredited Schools and Post-Secondary Educational Institutions. It shall include commercial arts and art-related business service uses including, but not limited to: recording and editing services; small-scale film and video developing and printing; titling; video and film libraries; special effects production; fashion and photo stylists; production, sale, and rental of theatrical wardrobes; and studio property production and rental companies. Arts spaces shall include studios, workshops, archives, and theaters, and other similar spaces customarily used principally for arts activities, exclusive of a Movie Theater, General Entertainment, arcades that provide eleven or more amusement game devices, Adult Business, and any other establishment where liquor is customarily served during performances.
Automobile Assembly. An Industrial Use that involves the assembly of parts for the purpose of manufacturing automobiles, trucks, buses, or motorcycles. This use is subject to operational and location restrictions outlined in Section 202.2(d) of this Code.
Automobile Wrecking. An Industrial Use that includes the storage of vehicles in not in operational condition and/or sale of used automobile parts, or for the storage, dismantling, or abandonment of junk, automobiles, trailers, machinery or parts thereof. This use is subject to operational and location restrictions outlined in Section 202.2(d) of this Code.
Automobile Sale or Rental. A Retail Automotive Use that provides vehicle sales or rentals within a building or on an open lot.
Automotive Repair. A Retail Automotive Use that provides any of the following automotive repair services, when conducted within an enclosed building having no openings, other than fixed windows or exits required by law, located within 50 feet of any R District: minor auto repair, engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying. It may include other services for automobiles including, but not limited to, accessory towing, if all towed vehicles stored on the premises are limited to those vehicles that are to be repaired on the premises.
Automotive Service. A subgrouping of Retail Automotive Uses providing services for motor vehicles that includes Gas Station, Automotive Service Station, Automotive Repair, and Automotive Wash.
Automotive Service Station. A Retail Automotive Use that provides motor fuels and lubricating oils directly into motor vehicles and minor auto repairs (excluding engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying) and services that remain incidental to the principal sale of motor fuel. Repairs shall be conducted within no more than three enclosed service bays in buildings having no openings, other than fixed windows or exits required by law, located within 40 feet of any R District. It may include other incidental services for automobiles including, but not limited to, accessory towing, if the number of towing vehicles does not exceed one, and all towed vehicles stored on the premises are limited to those vehicles that are to be repaired on the premises. This use is subject to the controls in Sections 187.1 and 202.2(b).
Automotive Use. A Commercial Use category that includes Automotive Repair, Ambulance Services, Automobile Sale or Rental, Automotive Service Station, Automotive Wash, Electric Vehicle Charging Location, Fleet Charging, Gas Station, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, Vehicle Storage Lot, and Motor Vehicle Tow Service. All Automotive Uses that have Vehicular Use Areas defined in this Section of the Code shall meet the screening requirements for vehicular use areas in Section 142.
Automotive Use, Non-Retail. A subcategory of Automotive Use that includes Ambulance Services, Fleet Charging, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, and Motor Vehicle Tow Service.
Automotive Use, Retail. A subcategory of Automotive Use that includes Automotive Repair, Automotive Sale or Rental, Automobile Service Station, Automotive Wash, Electric Vehicle Charging Location, Gas Station, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, and Vehicle Storage Lot.
(Amended by Ord. 190-22; see Sec. 102 history note.)
Automotive Wash. A Retail Automotive Use that provides cleaning and polishing of motor vehicles, including self-service operations. This use is subject to the location and operational restrictions in Section 202.2(e).
Awning. A light roof-like structure, supported entirely by the exterior wall of a building; consisting of a fixed or movable frame covered with cloth, plastic, or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade; as further regulated in Section 3105 of the Building Code.
B
Bar. A Retail Sales and Service Use that provides on-site alcoholic beverage sales for drinking on the premises, including bars serving beer, wine, and/or liquor to the customer where no person under 21 years of age is admitted (with Alcoholic Beverage Control [ABC] license types 23, 42, 48, or 61), drinking establishments serving beer where minors are present (with ABC license types 40 or 60) in conjunction with other uses such as Movie Theaters and General Entertainment, and bars serving wine operated by licensed winegrowers (with ABC license type 02). Such businesses shall operate with the specified conditions in Section 202.2(a). A non-profit theater that provides on-site alcoholic beverage sales only for consumption by ticket-holding patrons on the premises, with ABC license type 64, shall not be considered a Bar use. A music entertainment facility that is authorized to sell beer, wine, and distilled spirits at retail for consumption on the premises, with ABC license type 90, shall not be considered a Bar use.
Basement. See Story.
Bedroom. A room primarily used for sleeping that meets the minimum requirements as defined in the Building Code for sleeping rooms.
Board of Supervisors (Board). The Board of Supervisors of the City and County of San Francisco.
Bona Fide Eating Place. A place that is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and that has suitable kitchen facilities connected therewith, containing conveniences for cooking of an assortment of foods that may be required for ordinary meals.
(a) "Meals" shall mean an assortment of foods commonly ordered at various hours of the day for breakfast, lunch, or dinner. Incidental food service, comprised only of appetizers to accompany drinks, is not considered a meal. Incidental, sporadic, or infrequent sales of meals or a mere offering of meals without actual sales is not compliance.
(b) "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.
(c) Actual and substantial sales of meals are required, during the normal days and meal hours that a bona fide public eating place is open, provided that "normal days of operation" shall mean a minimum of five days a week and "normal hours" of operation for meal service shall mean approximately 7:00 a.m. to 11:00 a.m. if open for breakfast; 11:00 a.m. to 2:00 p.m. if open for lunch; or 5:00 p.m. to 10:00 p.m. if open for dinner.
(d) The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the Department of Public Health.
(e) The establishment must secure significant revenue from food and non-alcoholic beverage sales. Significant revenue from food and non-alcoholic beverage sales shall mean either:
(1) A minimum of 51% of the establishment’s gross receipts shall be from food sales prepared and sold to guests on the premises. Records of the establishment’s gross receipts shall be provided to the Department upon request; or
(2) Annual gross food and non-alcoholic beverage sales prepared and sold to guests on the premises of at least $4,200 per occupant based on the premises’ maximum occupant load as determined and approved by the Fire Department and Department of Building Inspection. Records of the establishment’s gross sales shall be provided to the Department upon request. The Zoning Administrator may adjust the amount of $4,200 per occupant each year, provided that such adjustments are supported by specific financial and economic criteria, including but not limited to a review of the restaurant market, costs, prices, profits, and loses,1
and recognizing the differences in sizes and types of establishments.
(f) A "bona fide eating place" does not include an Adult Business as defined in this Section of the Code.
(g) For a place that has also established a Nighttime Entertainment Use and that only provides on-site alcoholic beverage sales for consumption by ticket-holding patrons on the premises during the normal hours of operation of entertainment activities, paragraphs (c) and (e) do not apply, but actual and substantial sales of meals are required during the normal hours of operation. For purposes of this paragraph, the “normal hours of operation” shall include two hours prior to, and one hour after, entertainment activities, but may not exceed eight total hours in a calendar day. This paragraph (g) does not apply to a place located in the Broadway Neighborhood Commercial District, North Beach Neighborhood Commercial District, Pacific Avenue Neighborhood Commercial District, or Polk Street Neighborhood Commercial District.
Building. Any structure having a roof supported by columns or walls.
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