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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 2:
USE DISTRICTS
For provisions relating to NC Districts, see Article 7.
For provisions relating to Chinatown and South of Market Mixed Use Districts, see Article 8.
For provisions relating to Mission Bay Districts, see Article 9.
 
Classes of Use Districts.
Uses Permitted by this Code.
Zoning Control Tables.
Location and Operating Conditions.
Limitation on Change in Use or Demolition of General Grocery Use.
Limitation on Change in Use or Demolition of Movie Theater Use.
Conversion of Automotive Service Stations.
Live/Work Units.
Demolition of Industrial Buildings in PDR Districts, Replacement Requirements.
Limitation on Conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use.
Flexible Retail Uses.
Effect on Certain Public Services.
Accessory Uses, General.
Accessory Uses for Dwellings in All Districts.
Accessory Uses for Uses Other Than Dwellings in Residential Districts.
Accessory Uses for Uses Other Than Dwellings in C, RC, M, and PDR Districts.
Dwelling Units Accessory to Other Uses.
Parking and Loading as Accessory Uses.
Temporary Uses, General.
Temporary Uses: Sixty-Day Limit.
Temporary Uses: One- to Four-Year Limit.
Temporary Uses: Twenty-Four-Hour Limit.
Temporary Uses: Intermittent Activities.
The Affordable Housing and Educator Housing Programs.
Purpose and Findings.
Definitions.
Housing Opportunities Mean Equity - San Francisco Program.
The 100 Percent Affordable Housing Bonus Program.
State Residential Density Bonus Program; Analyzed.
State Density Bonus Program: Individually Requested.
Child Care Facilities.
Affordable Housing Bonus Program Evaluation.
100% Affordable Housing and Educator Housing Streamlining Program.
Dwelling Unit Density Limits.
Second Units.
Authorization of Dwelling Units Constructed Without a Permit in an Existing Building Zoned for Residential Use.
Density of Dwelling Units in Mixed Use Districts.
Required Minimum Dwelling Unit Mix in RTO, RCD, NCT, DTR, Eastern Neighborhoods Mixed Use Districts, the Polk Street and Pacific Avenue Neighborhood Commercial Districts.
Required Minimum Dwelling Unit Mix.
Division of Dwelling Units in the RTO, Polk Street NCD, Pacific Avenue NCD, and NCT Districts.
Density Limitations for Group Housing or Homeless Shelters.
Description and Purpose of Residential and Residential-Commercial Districts.
RH (Residential, House) Districts.
RM (Residential, Mixed) Districts.
RC (Residential-Commercial) Districts.
RTO (Residential Transit Oriented) Districts.
Description and Purpose of Commercial, Industrial, and Production/ Distribution/Repair Districts.
C-2 Districts: Community Business.
C-3 Districts: Downtown Commercial.
PDR Districts.
Non-Accessory Use Size Limits for Retail and Office Uses in PDR-1-B and PDR-2 Districts.
Office Uses in Landmark Buildings in the PDR-1-D and PDR-1-G Districts.
Allowance for Uses to Support the Development of New PDR Space in the PDR-1-D and PDR-1-G Districts.
M Districts: Industrial.
P (Public) Districts.
Principal Uses Permitted, P Districts.
Conditional Uses, P Districts.
Limited Corner Commercial Uses in RTO and RM Districts.
Special Use Districts
Special Use Districts.
Automotive Special Use District.
Nob Hill Special Use District.
Washington-Broadway Special Use District.
Waterfront Special Use District.
Waterfront Special Use District No. 1.
Waterfront Special Use District No. 2.
Waterfront Special Use District No. 3.
Dolores Heights Special Use District.
Bernal Heights Special Use District.
Van Ness Special Use District.
Residential Character Districts.
Westwood Park Residential Character District.
Downtown Support Open Space Demonstration Special Use District.
Transit Center C-3-O(SD) Commercial Special Use District.
Folsom and Main Residential/Commercial Special Use District.
Oceanview Large Residence Special Use District.
North of Market Residential Special Use District.
1500 Mission Street Special Use District.
Geary Boulevard/Divisadero Street Special Use District.
Third Street Special Use District.
Mission and 9th Street Special Use District.
Oakdale Avenue and Quint Street Affordable Housing Special Use District.
Third Street and Armstrong Avenue Affordable Housing Special Use District.
Northeast China Basin Special Use District.
Geary-Masonic Special Use District.
California Street and Presidio Avenue – Community Center Special Use District.
Industrial Protection Zone Special Use District.
Fourth and Freelon Streets Special Use District.
Haight Street Senior Affordable Housing Special Use District.
Jackson Square Special Use District.
Alabama and 18th Streets Affordable Housing Special Use District.
Transbay C-3 Special Use District.
Third Street and Oakdale Avenue Affordable Housing Special Use District.
Japantown Special Use District.
Laguna, Haight, Buchanan and Hermann Streets Special Use District.
Van Ness & Market Downtown Residential Special Use District.
Trinity Plaza Special Use District.
Fringe Financial Service Restricted Use District.
Fulton Street Grocery Store Special Use District.
Design and Development Special Use District.
Life Science and Medical Special Use District.
Innovative Industries Special Use District.
Potrero Center Mixed-Use Special Use District.
SoMa Youth and Family Special Use District.
901 Bush Street Special Use District.
India Basin Industrial Park Special Use District.
Third Street and Le Conte Avenue Affordable Housing Special Use District.
Hunters View Special Use District.
Visitacion Valley/Schlage Lock Special Use District.
Veterans Common Special Use District.
1500 Page Street Affordable Housing Special Use District.
Telegraph Hill – North Beach Residential Special Use District.
Candlestick Point Activity Node Special Use District.
Hunters Point Shipyard Phase 2 Special Use District.
Treasure Island/Yerba Buena Island Special Use District.
Presidio-Sutter Special Use District.
Executive Park Special Use District.
Lombard and Scott Street Affordable Group Housing Special Use District.
Calle 24 Special Use District.
Mission Alcoholic Beverage Special Use District.
17th and Rhode Island Street Grocery Store Special Use Subdistrict.
Third Street Alcohol Restricted Use District.
Cayuga/Alemany Special Use District.
Parkmerced Special Use District.
Bayshore Boulevard Home Improvement Special Use District. 
Chinatown Transit Station Special Use District.
Art & Design Educational Special Use District.
Cesar Chavez/Valencia Streets Medical Use Special Use District.
Chinese Hospital Special Use District.
Central Subway Tunnel Boring Machine Extraction Site Special Use District.
Yerba Buena Center Mixed-Use Special Use District.
Jewish Home of San Francisco Special Use District.
Fifth and Mission Special Use District.
Sunnydale HOPE SF Special Use District.
Potrero HOPE SF Special Use District.
Corona Heights Large Residence Special Use District.
Central SoMa Special Use District.
Pier 70 Special Use District.
Mission Rock Special Use District.
1629 Market Street Special Use District.
430 29th Avenue Special Use District.
India Basin Special Use District.
1550 Evans Avenue Special Use District.
3333 California Street Special Use District.
 
 
 
SEC. 201.  CLASSES OF USE DISTRICTS.
New Ordinance Notice
Publisher's Note:This section has been AMENDED by new legislation (Ord. 7-20 , approved 1/31/2020, effective 3/2/2020). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.
   In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts:
 
Public Use Districts
(Defined in Sec. 211-211.2)
P
Public Use District (Defined in Sec. 211-211.2)
 
 
Residential Districts
(Defined in Sec. 209.1-209.4)
RH-1(D)
Residential, House Districts, One-Family (Detached Dwellings) (Defined in Sec. 209.1)
RH-1
Residential, House Districts, One-Family (Defined in Sec. 209.1)
RH-1(S)
Residential, House Districts, One-Family with Minor Second Unit (Defined in Sec. 209.1)
RH-2
Residential, House Districts, Two-Family (Defined in Sec. 209.1)
RH-3
Residential, House Districts, Three-Family (Defined in Sec. 209.1)
RM-1
Residential, Mixed Districts, Low Density (Defined in Sec. 209.2)
RM-2
Residential, Mixed Districts, Moderate Density (Defined in Sec. 209.2)
RM-3
Residential, Mixed Districts, Medium Density (Defined in Sec. 209.2)
RM-4
Residential, Mixed Districts, High Density (Defined in Sec. 209.2)
RTO
Residential, Transit-Oriented Neighborhood Districts (Defined in Sec. 209.4)
RTO-M
Residential, Transit-Oriented – Mission Neighborhood Districts (Defined in Sec. 209.4)
 
 
Residential-Commercial Districts (RC)
(Defined in Sec. 209.3)
RC-3
Residential-Commercial Districts, Medium Density (Defined in Sec. 209.3)
RC-4
Residential-Commercial Districts, High Density (Defined in Sec. 209.3)
 
 
Neighborhood Commercial Districts (NC)
General Neighborhood Commercial Districts
(Defined in Sec. 702(a)(1))
NC-1
Neighborhood Commercial Cluster District (Defined in Sec. 710)
NC-2
Small-Scale Neighborhood Commercial District (Defined in Sec. 711)
NC-3
Moderate-Scale Neighborhood Commercial District (Defined in Sec. 712)
NC-S
Neighborhood Commercial Shopping Center District (Defined in Sec. 713)
 
 
Named Neighborhood Commercial Districts
(Defined in Sec. 702(a)(1))
Broadway Neighborhood Commercial District (Defined in Sec. 714)
Castro Street Neighborhood Commercial District (Defined in Sec. 715)
Inner Clement Street Neighborhood Commercial District (Defined in Sec. 716)
Outer Clement Street Neighborhood Commercial District (Defined in Sec. 717)
Excelsior Outer Mission Neighborhood Commercial District (Defined in Sec. 720)
Upper Fillmore Street Neighborhood Commercial District (Defined in Sec. 718)
Haight Street Neighborhood Commercial District (Defined in Sec. 719)
Japantown Neighborhood Commercial District (Defined in Sec. 721)
North Beach Neighborhood Commercial District (Defined in Sec. 722)
Polk Street Neighborhood Commercial District (Defined in Sec. 723)
Sacramento Street Neighborhood Commercial District (Defined in Sec. 724)
Union Street Neighborhood Commercial District (Defined in Sec. 725)
24th Street - Noe Valley Neighborhood Commercial District (Defined in Sec. 728)
West Portal Avenue Neighborhood Commercial District (Defined in Sec. 729)
Inner Sunset Neighborhood Commercial District (Defined in Sec. 730)
Pacific Avenue Neighborhood Commercial District (Defined in Sec. 726)
Noriega Street Neighborhood Commercial District (Defined in Sec. 731)
Irving Street Neighborhood Commercial District (Defined in 732)
Taraval Street Neighborhood Commercial District (Defined in Sec. 733)
Judah Street Neighborhood Commercial District (Defined in Sec. 734)
 
 
Neighborhood Commercial Transit Districts (NCT)
(Defined in Sec. 702(a)(2))
NCT-1
Neighborhood Commercial Transit Cluster District (Defined in Sec. 750)
NCT-2
Small-Scale Neighborhood Commercial Transit District (Defined in Sec. 751)
NCT-3
Moderate Scale Neighborhood Commercial Transit (Defined in Sec. 752)
 
 
Named Neighborhood Commercial Transit (NCT) Districts
(Defined in Sec. 702(a)(2))
Hayes-Gough NCT (Defined in Sec. 761)
Valencia Street NCT (Defined in Sec. 762)
24th Street - Mission NCT (Defined in Sec. 763)
Upper Market Street NCT (Defined in Sec. 764)
SoMa NCT (Defined in Sec. 753)
Mission Street NCT (Defined in Sec. 754)
Ocean Avenue NCT (Defined in Sec. 755)
Glen Park NCT (Defined in Sec. 756)
Folsom Street NCT (Defined in Sec. 757)
Regional Commercial District (Defined in Sec. 758)
Divisadero Street NCT (Defined in Sec. 759)
Fillmore Street NCT (Defined in Sec. 760)
 
 
Neighborhood Commercial Special Use Districts
(Defined in Sec. 702.2)
Lakeshore Plaza Special Use District (Defined in Sec. 780.1)
Bayshore-Hester Special Use District (Defined in Sec. 780.2)
Mission-Harrington Special Use District (Defined in Sec. 780.4)
North Beach Special Use District (Defined in Sec. 780.3)
1800 Market Community Center Project Special Use District (Defined in Sec. 787)
 
 
Neighborhood Commercial Restricted Use Districts and Subdistricts
(Defined in Sec. 249, 781 and 784)
Taraval Street Restaurant Subdistrict (Defined in Sec. 781.1)
Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict (Defined in Sec. 781.4)
Mission Street Formula Retail Restaurant Subdistrict (Defined in Sec. 781.5)
North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict (Defined in Sec. 781.6)
Chestnut Street Financial Subdistrict (Defined in Sec. 781.7)
Mission Alcoholic Beverage Special Use District (Defined in Sec. 249.60)
Haight Street Alcohol Special Use District (Defined in Sec. 781.9)
17th and Rhode Island Street Grocery Store Special Use District (Defined in Sec. 249.61)
Third Street Alcohol Restricted Use District (Defined in Sec. 249.62)
Lower Haight Street Alcohol Restricted Use District (Defined in Sec. 784)
Fringe Financial Service Restricted Use District (Defined in Sec. 249.35)
 
 
Commercial Districts (C)
(Defined in Sec. 210.1 and 210.2)
C-2
Community Business Districts (Defined in Sec. 210.1)
C-3-O
Downtown Office District (Defined in Sec. 210.2)
C-3-O(SD)
Downtown Office Special Development District (Defined in Sec. 210.2)
C-3-R
Downtown Retail District (Defined in Sec. 210.2)
C-3-G
Downtown General Commercial District (Defined in Sec. 210.2)
C-3-S
Downtown Support District (Defined in Sec. 210.2)
 
 
Industrial Districts
(Defined in Sec. 210.4)
M-1
Light Industrial Districts (Defined in Sec. 210.4)
M-2
Heavy Industrial Districts (Defined in Sec. 210.4)
 
 
Production Distribution Repair (PDR) Districts Category
(Defined in Sec. 210.3)
PDR-1-B
Production Distribution and Repair  - Light Industrial Buffer (Defined in Sec. 210.3)
PDR-1-D
Production Distribution and Repair  - Design (Defined in Sec. 210.3)
PDR-1-G
Production Distribution and Repair - General (Defined in Sec. 210.3)
PDR-2
Core Production Distribution and Repair  - Bayview (Defined in Sec. 210.3)
 
 
Chinatown Mixed Use Districts
(Also see Sec. 802.3)
CCB
Chinatown Community Business District (Defined in Sec. 810)
CR/NC
Chinatown Residential/Neighborhood Commercial District (Defined in Sec. 812)
CVR
Chinatown Visitor Retail District (Defined in Sec. 811)
 
 
CMUO
Central SoMa Mixed Use – Office District (Defined in Sec. 848)
SPD
South Park District (Defined in Sec. 814)
MUG
Mixed Use – General (Defined in Sec. 840)
MUO
Mixed Use – Office (Defined in Sec. 842)
MUR
Mixed Use – Residential (Defined in Sec. 841)
UMU
Urban Mixed Use (Defined in Sec. 843)
RED
Residential Enclave District (Defined in Sec. 813)
RED-MX
Residential Enclave District – Mixed (Defined in Sec. 847)
WMUG
Western SoMa Mixed Use – General (Defined in Sec. 844)
WMUO
Western SoMa Mixed Use – Office (Defined in Sec. 845)
SALI
Service/Arts/Light Industrial (Defined in Sec. 846)
 
Downtown Residential Districts (DTR)
(Also see Sec. 802.6)
RH-DTR
Rincon Hill Downtown Residential (Defined in Sec. 827)
SB-DTR
South Beach Downtown Residential (Defined in Sec. 829)
TB-DTR
Transbay Downtown Residential District (Defined in Sec. 828)
 
 
Mission Bay Districts (MB)
(Also see Sec. 902)
MB-R-1
Mission Bay Lower Density Residential District (Defined in Sec. 906)
MB-R-2
Mission Bay Moderate Density Residential District (Defined in Sec. 907)
MB-R-3
Mission Bay High Density Residential District (Defined in Sec. 908)
MB-NC-2
Mission Bay Small Scale Neighborhood Commercial District (Defined in Sec. 909)
MB-NC-3
Mission Bay Moderate Scale Neighborhood Commercial District (Defined in Sec. 910)
MB-NC-S
Mission Bay Neighborhood Commercial Shopping Center District (Defined in Sec. 911)
MB-O
Mission Bay Office District (Defined in Sec. 912)
MB-CI
Mission Bay Commercial-Industrial District (Defined in Sec. 913)
MB-H
Mission Bay Hotel District (Defined in Sec. 914)
MB-CF
Mission Bay Community Facilities District (Defined in Sec. 915)
MB-OS
Mission Bay Open Space District (Defined in Sec. 916)
 
 
Parkmerced Districts
(Also see Section 249.64)
PM-R
Parkmerced Residential District (Defined in Sec. 249.64(b)(2)(i))
PM-MU1
Parkmerced Mixed Use - Social Heart District (Defined in Sec. 249.64(b)(2)(ii))
PM-MU2
Parkmerced Mixed Use - Neighborhood Commons (Defined in Sec. 249.64(b)(2)(iii))
PM-S
Parkmerced School District (Defined in Sec. 249.64(b)(2)(iv))
PM-CF
Parkmerced Community/Fitness District (Defined in Sec. 249.64(b)(2)(v))
PM-OS
Parkmerced Open Space District (Defined in Sec. 249.64(b)(2)(vi))
 
 
Treasure Island and Yerba Buena Island Districts
(Also see Section 249.52)
TI-R
Treasure Island-Residential (Defined in Sec. 249.52)
TI-MU
Treasure Island-Mixed Use (Defined in Sec. 249.52)
TI-OS
Treasure Island-Open Space (Defined in Sec. 249.52)
TI-PCI
Treasure Island-Public/Civic/Institutional (Defined in Sec. 249.52)
YBI-R
Yerba Buena Island-Residential (Defined in Sec. 249.52)
YBI-MU
Yerba Buena Island-Mixed Use (Defined in Sec. 249.52)
YBI-OS
Yerba Buena Island-Open Space (Defined in Sec. 249.52)
YBI-PCI
Yerba Buena Island-Public/Civic/Institutional (Defined in Sec. 249.52)
 
 
Mission Rock Mixed Use District
(Also see Sec. 249.80)
MR-MU
Mission Rock Mixed Use District (Defined in Sec. 249.80(f)(1))
 
 
   In addition to the classes of use districts in the above table, the following terms shall apply:
      "R District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RTO, RTO-M, RC-1, RC-2, RC-3 or RC-4 District;
      "M District" shall mean any M-1 or M-2 District;
      "PDR District" shall mean any PDR-1-B, PDR-1-D, PDR-1-G or PDR-2 District;
      "RH District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, or RH-3 District;
      "RM District" shall mean any RM-1, RM-2, RM-3, or RM-4 District;
      "RTO District" shall mean any RTO or RTO-M District;
      "C-3 District" shall mean any C-3-O, C-3-R, C-3-G, or C-3-S District. For the purposes of Section 128 and Article 11 of this Code, the term "C-3 District" shall also include the South of Market Extended Preservation District designated on Section Map SU03 of the Zoning Map;
      “NCT District” shall mean any district described in Section 702(a)(2), including any NCT-1, NCT-2, NCT-3, and any Named Neighborhood Commercial Transit District; and
      “Mixed Use District” shall mean all Chinatown Mixed use, Eastern Neighborhood Mixed use, and Downtown Residential Districts.
(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. 63-91, App. 2/27/91; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 90-11 , File No. 110301, App. 6/9/2011, Eff. 7/9/2011; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-12 , File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13 , File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14 , File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 228-14 , File No. 120814, App. 11/13/2014, Eff. 12/13/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 126-15 , File No. 150081, App. 7/17/2015, Eff. 8/16/2015; Ord. 127-15 , File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 229-15 , File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019)
AMENDMENT HISTORY
Parkmerced Districts table added; Ord. 90-11 , Eff. 7/9/2011. Treasure Island and Yerba Buena Island Districts table added; Ord. 98-11 , Eff. 7/15/2011. [Former] Individual Area Districts table amended; Neighborhood Commercial SUD and Neighborhood Commercial RUD tables added; Downtown RD table amended; Ord. 140-11, Eff. 8/4/2011. [Former] Individual Area NCT Districts table amended; Ord. 35-12 , Eff. 3/22/2012. Public Use Districts, Neighborhood Commercial SUD, Neighborhood Commercial RUD, and Commercial Districts tables amended; non-tabular district definitions added; Ord. 176-12 , Eff. 9/6/2012. Commercial Districts table amended; Ord. 182-12 , Eff. 9/7/2012. Former Individual Area Districts table redesignated as Named NCD table and amended; former Individual Area Neighborhood Commercial Transit (NCT) Districts table redesignated as Named NCT Districts table and amended; SoMa MUD and Eastern Neighborhoods MUD tables and "R District" definition amended; Ord. 42-13 , Eff. 4/27/2013. Definition references added to all district table entries; Ord. 56-13 , Eff. 4/27/2013. Named NCD and Neighborhood Commercial RUD and Subdistricts tables amended; "R District" definition amended; Ord. 261-13 , Eff. 12/27/2013. Named NCD and Named NCT Districts tables amended; Ord. 227-14 , Eff. 12/13/2014. Named NCD table amended; Ord. 228-14 , Eff. 12/13/2014. Residential Districts, R-C Districts, and Commercial Districts tables amended; Ord. 22-15, Eff. 3/22/2015. Named NCD and Named NCT Districts tables amended; Ord. 126-15 , Eff. 8/16/2015. Named NCD and Named NCT Districts tables amended; Ord. 127-15 , Eff. 8/16/2015. Public Use Districts, Residential Districts, Neighborhood Commercial RUD and Subdistricts, Commercial Districts, Industrial Districts, and PDR Districts tables amended; Ord. 188-15 , Eff. 12/4/2015. Named NCD table amended; Ord. 229-15 , Eff. 1/21/2016. NCD, Named NCD, NCT Districts, and Named NCT Districts tables amended; Ord. 129-17, Eff. 7/30/2017. Mission Rock Mixed Use District table added; Ord. 31-18, Eff. 4/6/2018. NCD and Named NCD tables and “NCT District” definition amended; Ord. 202-18, Eff. 9/10/2018. South of Market Use Mixed Use Districts table deleted; designation of Eastern Neighborhoods Mixed Use districts table deleted and table amended; “Mixed Use District” definition amended; Ord. 296-18, Eff. 1/12/2019. Chinatown MUD table amended; Ord. 208-19, Eff. 10/21/2019.
CODIFICATION NOTE
1.   So in Ord. 296-18.
SEC. 202.  USES PERMITTED BY THIS CODE.
   (a)   The use limitations of this Code shall be set forth in Articles 2, 6, 7, 8, and 9 for the use districts of the City, as established by Section 201 of this Code and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. The uses permitted under this Code shall consist of the following:
      (1)   Principal Uses, as defined in Section 102 of this Code;
      (2)   Conditional Uses, as defined in Section 102 of this Code; and
      (3)   Accessory Uses, as defined in Section 102 of this Code. Any Use not qualified as an Accessory Use shall be classified as a Principal Use or Conditional Use.
   (b)   Permitted uses shall include in each established district such uses not specifically listed in Articles 2, 7, or 8 of this Code as are from time to time determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.
   (c)   No use shall be permitted in any R District, C District, PDR-1 Districts, or M-1 District which by reason of its nature or manner of operation creates conditions that are hazardous, noxious or offensive through emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.
   (d)   Except as specifically provided herein to the contrary, the provisions of Articles 2, 7, 8, and 9 of this Code shall apply to all uses, properties, and developments, both public and private, including those of the City and County of San Francisco.
(Amended by Ord. 262-80, App. 6/9/80; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91; Ord. 298-08, File No. 081153, App. 12/19/2008; 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)
AMENDMENT HISTORY
Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a)-(a)(3) amended; Ord. 129-17, Eff. 7/30/2017.
SEC. 202.1.  ZONING CONTROL TABLES.
   (a)   All Districts that are provided for in Section 201 of this Code have a corresponding Zoning Control Table that details basic development standards and use controls. Zoning Control Tables for R, C, PDR, and M Districts are located in Article 2; Zoning Control tables for Neighborhood Commercial Districts are located in Article 7; Zoning Control tables for Chinatown and Mixed Use Districts are located in Article 8; and Zoning Control tables for Mission Bay Districts are located in Article 9. Zoning Control Tables are intended to be used in conjunction with other relevant sections of the Code. Descriptions for Zoning Control Tables in Articles 7, 8, and 9 are located in the corresponding Article. Each of the Zoning Control Tables contains a brief summary of, and reference guide to, the specific rules that appear elsewhere in this Planning Code. To the extent of any inconsistency between a Table and the relevant governing sections, the latter shall control.
   (b)   Zoning Control Tables in Article 2 are organized as follows:
      (1)   Building Standards: This section lists basic Code requirements that are specific to that particular Zoning District and apply to all buildings in that District regardless of the proposed use.
      (2)   Residential Standards and Uses: This section lists basic Code requirements for Residential uses, permitted residential uses, and permitted densities for the subject District.
      (3)   Non-Residential Standards and Uses: This section lists basic Code requirements for Non-Residential Uses and Non-residential use controls.
   (c)   The columns in the Zoning Control Tables in Article 2 are organized as follows:
      (1)   The first column in the Zoning Control Table, titled "Zoning Category," provides either the title of the listed requirement or the Use.
      (2)   The second column, titled "§ References," contains numbers of other sections in the Planning Code, and other City Codes, in which additional control provisions, including exceptions and definitions where pertinent, are contained. Any requirements in these sections pertinent to the zoning district shall be followed.
      (3)   In the third and subsequent columns, the controls applicable to the various Districts are indicated either directly, by reference to other Code Sections that contain the controls, or by indicating when a specific requirement is required.
   (d)   The uses and features listed in the Zoning Control Tables in Articles 2, 7, 8, and 9 are permitted in the Districts as indicated by the following symbols in the respective columns for each district:
 
P:
The use or project is permitted as a principal use in this district.
C:
The use or project is subject to approval by the Planning Commission as a conditional use in this district as provided in Section 303 of this Code.
DR:
A Mandatory Discretionary Review hearing before the Planning Commission is required before the Planning Department can approve the proposed use or project. Uses or projects subject to Mandatory Discretionary Review may be disapproved or modified by the Planning Commission.
NA:
This listing not applicable to this district.
NP or Blank Space:
The use or project is not permitted in this district.
R:
Required.
1st:
First Story and below.
2nd:
Second Story
3rd+
Third Story and above
 
      (1)   Determinations as to the classification of uses not specifically listed shall be made in the manner indicated in Sections 202 and 307(a) of this Code.
      (2)   References shall be made to Sections 204 through 204.5 for regulations pertaining to accessory uses permitted for principal and conditional uses listed in Sections 206.1 through 206.4.
      (3)   Reference shall also be made to the other Articles of this Code containing provisions relating to definitions, off-street parking and loading dimensions, areas and open spaces, nonconforming uses, height and bulk districts, signs, historic preservation, and other factors affecting the development and alteration of properties in these use Districts.
      (4)   Reference shall be made to Section 249.1 for provisions pertaining to uses in the Folsom and Main Residential/Commercial Special Use District.
(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
AMENDMENT HISTORY
Division (d) amended; Ord. 129-17, Eff. 7/30/2017.
SEC. 202.2.  LOCATION AND OPERATING CONDITIONS.
   (a)   Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions:
      (1)   Eating and Drinking Uses. Eating and Drinking Uses, as defined in Section 102, shall be subject to the following conditions:
         (A)   The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Street and Sidewalk Maintenance Standards. In addition, the operator shall be responsible for daily monitoring of the sidewalk within a one-block radius of the subject business to maintain the sidewalk free of paper or other litter associated with the business during business hours, in accordance with Article 1, Section 34 of the San Francisco Police Code.
            For information about compliance, contact the Bureau of Street Use and Mapping, Department of Public Works.
         (B)   When located within an enclosed space, the premises shall be adequately soundproofed or insulated for noise and operated so that incidental noise shall not be audible beyond the premises or in other sections of the building, and fixed-source equipment noise shall not exceed the decibel levels specified in the San Francisco Noise Control Ordinance.
            For information about compliance of fixed mechanical objects such as rooftop air conditioning, restaurant ventilation systems, and motors and compressors with acceptable noise levels, contact the Environmental Health Section, Department of Public Health.
            For information about compliance with construction noise requirements, contact the Department of Building Inspection.
            For information about compliance with the requirements for amplified sound, including music and television, contact the Police Department.
         (C)   While it is inevitable that some low level of odor may be detectable to nearby residents and passersby, appropriate odor control equipment shall be installed in conformance with the approved plans and maintained to prevent any significant noxious or offensive odors from escaping the premises.
            For information about compliance with odor or other chemical air pollutant standards, contact the Bay Area Air Quality Management District (BAAQMD) and Code Enforcement, Planning Department.
         (D)   Garbage, recycling, and compost containers shall be kept within the premises and hidden from public view, and placed outside only when being serviced by the disposal company. Trash shall be contained and disposed of pursuant to garbage and recycling receptacles guidelines set forth by the Department of Public Works.
            For information about compliance, contact the Bureau of Street Use and Mapping, Department of Public Works.
      (2)   Pharmacy. Notwithstanding anything to the contrary in this Code, a pharmacy may operate on a 24-hour basis as a permitted use provided that the following conditions are met during any period between 11:00 p.m. and 6:00 a.m. in which the pharmacy is open for business:
         (A)   A pharmacist licensed by the State of California in accordance with the California Business and Professions Code is on duty on the premises;
         (B)   The pharmacy provides prescription drugs for retail sale; and
         (C)   The pharmacy provides adequate lighting and security for the safety of customers, residents, and the adjoining property, including adequate lighting and security for any parking facilities provided. Such lighting and security may not negatively impact neighborhood character.
      (3)   Motel. The entrance to a motel must be within 200 feet of and immediately accessible from a major thoroughfare as designated in the General Plan.
      (4)   Massage Establishments. Any Massage Establishment found to be operating, conducted, or maintained contrary to this Code or Health Code Article 29 shall be found to be in violation of this Code and will be subject to enforcement as provided in Section 176 of the Planning Code. For three years following closure of a Massage Establishment for violations of this Code or the Health Code no new Massage Establishment shall be approved at the site where the former Massage Establishment was closed.
      (5)   Cannabis Retail. A Cannabis Retail establishment must meet all of the following conditions:
         (A)   A Cannabis Retail establishment must apply for a permit from the Office of Cannabis pursuant to Article 16 of the Police Code prior to submitting an application to the Planning Department.
         (B)   The parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel containing an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall apply. In addition, the parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel for which a valid permit from the City’s Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Cannabis Retail Use may be located in the same place of business as one or more other establishments holding valid permits from the City’s Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Cannabis Retail Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.
         (C)   Cannabis may be consumed or smoked on site pursuant to authorization by the Department of Public Health as applicable.
      (6)   Liquor Stores. Liquor Stores, as defined in Section 102, shall comply with the following requirements:
         (A)   Employees of the establishment shall walk a 100-foot radius from the premises sometime between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
         (B)   The business operator shall provide outside lighting sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residents.
         (C)   The store frontage shall comply with the visibility requirements of Section 145.1(c)(6) and the signage requirements of Article 6 of this Code. In addition, all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.
   (b)   Automotive Uses. The Automotive Uses listed below shall be subject to the corresponding conditions:
      (1)   Prohibition on Sales of Distilled Liquor with Motor Vehicle Fuel. Any establishment that retails motor vehicle fuel and provides retail sale of alcoholic beverages, other than beer and wine, is prohibited.
      (2)   Conditional Use Authorization Required for Establishments that Sell Beer or Wine with Motor Vehicle Fuel. Any establishment that proposes to retail motor vehicle fuel and provide retail sale of beer or wine shall require Conditional Use authorization. The Planning Commission may deny authorization or grant Conditional Use authorization to an applicant based upon the criteria set forth in Section 303(c) of this Code.
         (A)   The Planning Commission shall include each of the following as conditions applicable to establishments at which the concurrent sale of motor vehicle fuel and beer or wine occurs:
            (i)   No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler;
            (ii)   No advertisement of alcoholic beverages, including beer and wine, shall be displayed at motor fuel islands;
            (iii)   No sale of beer or wine shall be made from a drive-in window;
            (iv)    No display or sale of beer or wine shall be made from an ice tub;
            (v)   No self-illuminated advertising for beer or wine shall be located on buildings or windows;
            (vi)   Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least 21 years of age;
            (vii)   No alcoholic beverages, other than beer and wine, shall be sold at any time;
            (viii)   No beer or wine shall be sold for consumption on the premises;
            (ix)   The permittee shall comply with all State statutes, rules, and regulations relating to the sale, purchase, display, possession, and consumption of alcoholic beverages;
            (x)   The permittee shall comply with all local statutes, rules, and regulations;
            (xi)   The permittee shall not operate the establishment in a manner that presents a nuisance, as defined in California Civil Code Sections 3479 and 3480; and
            (xii)   The City may impose sanctions, including suspension or revocation of the Conditional Use authorization, for violation of any of the terms or conditions of the Conditional Use authorization.
         (B)   In acting on any application for Conditional Use authorization, the Commission shall make written findings and such findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision.
         (C)   Where the sale of beer, wine, or motor vehicle fuel are not permitted or conditionally authorized uses, this Subsection shall not be construed to permit or conditionally authorize such sales to be conducted concurrently. Where the sale of beer and wine and motor vehicle fuel are permitted or conditionally authorized uses, this Subsection shall be construed to require Conditional Use authorization to conduct such sales concurrently.
         (D)   Definitions. For purposes of Subsection 202.2(b)(1) and (2), the following definitions shall apply:
            (i)   "Alcoholic beverages" shall be as defined in California Business and Professions Code Section 23004;
            (ii)   "Beer" and "wine" shall be as defined in California Business and Professions Code Section 23006 and Section 23007, respectively;
            (iii)   "Motor vehicle fuel" shall mean gasoline, other motor fuels, and lubricating oil dispensed directly into motor vehicles; and
            (iv)   "Establishment" shall include an arrangement where a lot containing a business selling motor vehicle fuel provides direct access to another business selling alcoholic beverages on the same or adjacent lot.
         (E)   Application to Existing Uses. Any use lawfully selling motor vehicle fuel and alcoholic beverages (as licensed by the State of California) and existing prior to the effective date of this Section shall be subject to this Subsection 202.2(b) to the extent allowable by Business and Professions Code Section 23790.
      (3)   Automotive Wash. Cleaning and polishing are required to be 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, and that has an off-street waiting and storage area outside the building which accommodates at least one-quarter the hourly capacity in vehicles of the enclosed operations, provided: (1) that incidental noise is reasonably confined to the premises by adequate soundproofing or other device; and (2) that complete enclosure within a building may be required as a condition of approval, notwithstanding any other provision of this Code; but the foregoing provisions shall not preclude the imposition of any additional conditions pursuant to Section 303 of this Code.
   (c)   Agriculture Use. The Agricultural Uses listed below shall be subject to the corresponding conditions:
      (1)   Agricultural Uses, General. Any plot of land that exceeds 1,000 square feet and is newly established shall comply with the applicable water use requirements of Administrative Code Chapter 63. Pursuant to Section 63.6.2(b) of the Administrative Code, no permit for any site where the modified land area exceeds 1,000 square feet shall be issued until the General Manager of the Public Utilities Commission has approved the applicable landscape project documentation.
      (2)   Neighborhood Agriculture. Limited sales and donation of fresh food and/or horticultural products grown on site may occur on otherwise vacant property, but such sales may not occur within a Dwelling Unit. Food and/or horticultural products grown that are used for personal consumption are not regulated. The following physical and operational standards shall apply to Neighborhood Agriculture:
         (A)   Compost areas must be setback at least 3 three feet from Dwelling Units and decks;
         (B)   If the farmed area is enclosed by fencing, the fencing must be (i) wood fencing, (ii) Ornamental Fencing as defined by Planning Code Section 102, or (ii) chain-link or woven wire fencing if over half of the fence area that borders a public right-of-way will be covered by plant material or other vegetative screening within three years of the fence installation;
         (C)   Use of mechanized farm equipment is generally prohibited in Residential Districts; provided, however, that during the initial preparation of the land, heavy equipment may be used to prepare the land for Agriculture use. Landscaping equipment designed for household use shall be permitted;
         (D)   Farm equipment shall be enclosed or otherwise screened from sight;
         (E)   Sale of food and/or horticultural products from the use may occur between the hours of 6:00 a.m. and 8:00 p.m.;
         (F)   In all districts, sales, pick-ups, and donations of fresh food and horticultural produces grown on site are permitted. In every district except Residential Districts, value-added products, where the primary ingredients are grown and produced on site, are permitted.
      (3)   Industrial Agriculture. Cannabis must only be grown within an enclosed structure.
   (d)   Industrial Uses. The Industrial and PDR uses listed below shall be subject to the corresponding conditions:
      (1)   Heavy Manufacturing 1, Metal Working, and Agricultural and Beverage Processing 1 and 2. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 50 feet of any R District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.
      (2)   Heavy Manufacturing 2, Junk Yard, Power Plant and Hazardous Waste Facilities. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 200 feet of any R or NC District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.
      (3)   Heavy Manufacturing 3, Livestock Processing 1 & 2, and Volatile Materials Storage. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 500 feet of any R District or NC District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.
      (4)   Automobile Wrecking. Automobile Wrecking operations are subject to the following operating conditions:
         (A)   There shall be sufficient working space on the property to permit proper functioning of the operation without use of any public right-of-way for storage of inoperable vehicles or parts;
         (B)   The operation shall be clearly separated from adjacent properties and public rights-of-way; and
         (C)   the operation be conducted not less than 500 feet from any R or NC District. No automobile wrecking operation lawfully existing at the effective date hereof shall be continued more than three years from said date unless a conditional use authorization for such operation has been granted pursuant to this Code, provided, however, that no such automobile wrecking operation eligible for governmental payments to assist relocation shall be continued more than one and one-half years from said effective date unless a conditional use authorization for such operation has been granted pursuant to this Code.
      (5)   Truck Terminal. A Truck Terminal Facility must be located not less than 200 feet from any R District.
   (e)   Institutional Uses. The Institutional Uses listed below shall be subject to the corresponding conditions:
      (1)   Medical Cannabis Dispensaries. Medical Cannabis Dispensary Uses are required to meet all of the following conditions:
         (A)   A Medical Cannabis Dispensary Use shall apply for a permit from the Office of Cannabis pursuant to Article 16 of the Police Code prior to submitting an application to the Planning Department;
         (B)   The parcel containing the Medical Cannabis Dispensary Use shall not be located within a 600-foot radius of a parcel containing: an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall apply. In addition, the parcel containing the Medical Cannabis Dispensary shall not be located within a 600-foot radius of a parcel for which a valid permit from the City’s Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Medical Cannabis Dispensary Use may be located in the same place of business as one or more other establishments holding valid permits from the City’s Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Medical Cannabis Dispensary Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.
         (C)   Cannabis may be consumed or smoked on site pursuant to authorization by the Department of Public Health as applicable.
         (D)   Regardless of whether medical cannabis is smoked on the premises, the parcel containing the Medical Cannabis Dispensary shall not be located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health;
         (E)   Alcohol shall not be sold or distributed on the premises for on- or off-site consumption; and
         (F)   Any permit issued for a Medical Cannabis Dispensary shall contain the following statement in boldface type: “Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law.”
   (f)   Residential Uses. The Residential Uses listed below shall be subject to the corresponding conditions:
      (1)   Senior Housing. In order to qualify as Senior Housing, as defined in Section 102 of this Code, the following definitions shall apply and shall have the same meaning as the definitions in California Civil Code Sections 51.2, 51.3, and 51.4, as amended from time to time. These definitions shall apply as shall all of the other provisions of Civil Code Sections 51.2, 51.3, and 51.4. Any Senior Housing must also be consistent with the Fair Housing Act, 42 U.S.C. §§ 3601-3631 and the Fair Employment and Housing Act, California Government Code Sections 12900-12996.
         (A)   "Designed to meet the physical and social needs of senior citizens" shall mean a development that meets the requirements of Civil Code Section 51.2(d), is constructed on or after January 1, 2001, and includes all of the following elements:
            (i)   Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.
            (ii)   Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.
            (iii)   Walkways and hallways in the common areas shall have lighting conditions that are of sufficient brightness to assist persons who have difficulty seeing.
            (iv)   Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.
            (v)   The development shall be designed to encourage social contact by providing at least one common room and at least some common open space.
            (vi)   Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.
            (vii)   The development shall comply with all other applicable requirements for access and design imposed by law including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601, et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws.
         (B)   "Qualifying Resident" or "Senior Citizen" means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.
         (C)   Definition. “Senior Citizen Housing Development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 Dwelling Units. Any Senior Citizen Housing Development that is required to obtain a public report under Section 11010 of the Business and Professions Code and that submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a Senior Citizen Housing Development under Section 11010.05 of the Business and Professions Code. No housing development constructed prior to January 1, 1985, shall fail to qualify as a Senior Citizen Housing Development because it was not originally developed or put to use or occupancy by senior citizens.
         (D)   Requirements. In order to qualify as Senior Housing, the proposed project must meet all of the following conditions:
            (i)   Design and Construction. The project must be designed to meet the physical and social needs of senior citizens as defined herein.
            (ii)   Occupancy. Each proposed Dwelling Unit must be initially put to use by senior citizens and shall be limited to the occupancy of senior citizens or other qualifying residents under Civil Code Section 51.3 for the actual lifetime of the building, regardless of whether the units will be owner-occupied or renter-occupied. The project must meet all of the requirements of Civil Code Section 51.3 including, but not limited to, the requirement that the covenants, conditions, and restrictions shall set forth limitations on occupancy, residency, and use based on age. Any such limitation shall not be more exclusive than to require that one person in residence in each Dwelling Unit may be required to be a senior citizen and that each other resident in the same Dwelling Unit may be required to be a qualified permanent resident as defined in Civil Code Section 51.3(b), a permitted health care resident as defined in Civil Code Section 51.3(b), or a person under 55 years of age whose occupancy is permitted under Civil Code Section 51.3 or Section 51.4(b). That limitation may be less exclusive but shall at least require that the persons commencing any occupancy of a Dwelling Unit include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The application of the rules set forth in this Section and in State law may result over time in less than all of the Dwellings being actually occupied by a senior citizen.
            (iii)   Inclusionary Housing Requirements. If the project must meet the requirements of the Residential Inclusionary Affordable Housing Program, Planning Code Sections 415et seq., the inclusionary units must be constructed on site and, like the other units in the project, will be limited to occupancy as stated above.
            (iv)   Location. The proposed project must be within a ¼ of a mile from a NC-2 (Small-Scale Neighborhood Commercial District) zoned area or higher, including named Neighborhood Commercial districts, and must be located in an area with adequate access to services, including but not limited to transit, shopping, and medical facilities;
            (v)   Recording. The project sponsor must record a Notice of Special Restriction with the Assessor-Recorder that states all of the above restrictions and any other conditions that the Planning Commission or Department places on the property; and
            (vi)   Covenants, Conditions, and Restrictions. If the property will be condominiumized, the project sponsor must provide the Planning Department with a copy of the Covenants, Conditions, and Restrictions ("CC&R") that will be filed with the State.
         (E)   Density. For the purpose of qualifying for and receiving additional density at a density ratio or number of Dwelling Units not exceeding twice the number of Dwelling Units otherwise permitted, the project sponsor shall enter into a contract with the City acknowledging that the additional density received under Section 207(c)(3) is a form of assistance specified in California Government Code Sections 65915 et seq. for purposes of Civil Code Section 1954.52(b) of the Costa-Hawkins Rental Housing Act. All such contracts must be reviewed and approved by the Mayor’s Office of Housing and approved as to form by the City Attorney. All contracts that involve 100% affordable housing projects in the residential portion shall be executed by the Director of the Mayor’s Office of Housing and Community Development (MOHCD). Any contract that involves less than 100% affordable housing in the residential portion, may be executed by either the Director of MOHCD or, after review and comment by the MOHCD, the Director of Planning.
   (g)   Small Enterprise Workspace (S.E.W.).
      (1)   An S.E.W. building must meet the following requirements:
         (A)   Each unit may contain only uses principally or conditionally permitted in the subject zoning district, or Office Uses as defined in Sections 102 and 890.70;
         (B)   Any non-accessory Retail Uses are subject to any per parcel size controls of the subject zoning district;
         (C)   No Residential Uses shall be permitted;
         (D)   Each of the units in the building must contain no more than 1,500 gross square feet each; an exception to this rule applies for larger PDR spaces on the ground floor, as described in subsection (g)(1)(E) below
         (E)   An S.E.W. building may contain units larger than 1,500 square feet on the ground floor as long as each such unit contains a principal PDR Use. Such PDR units may be independently accessible from the street.
         (F)   After the issuance of any certificate of occupancy or completion for the building, any merger, subdivision, expansion, or other change in Gross Floor Area of any unit shall be permitted only as long as the provisions of subsections (D) and (E), above, are met.
      (2)   S.E.W. units may be established only in new buildings or in buildings for which a first certificate of occupancy or completion was issued after January 19, 2009.
      (3)   Where permitted, S.E.W. Buildings are exempt from the controls in Section 202.7 limiting demolition of industrial buildings.
      (4)   S.E.W. projects shall provide a PDR Business Plan in accordance with the requirements of Section 210.3C of this Code.
      (5)   In considering the approval of a S.E.W. project, the Planning Commission should consider the likely viability of the new PDR space that the development creates, as influenced by such facts as the content of the project sponsor’s PDR Business Plan and whether the project sponsor has the commitments of established PDR tenants and/or a demonstrated relationship with organizations established in the PDR community.
   (h)   Cannabis-Related Uses. Except as otherwise specified in the Code, there shall be no minimum radius from a cannabis-related Use to an existing School, public or private; day care center; or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.
   (i)   Non-Retail Sales and Service Use; Design Professional. In order to preserve and enhance active commercial frontage in the City’s Neighborhood Commercial Districts, a Design Professional use located on the First Story or below within any Neighborhood Commercial or Neighborhood Commercial Transit District must provide its services to the general public.
(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; 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. 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. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019)
AMENDMENT HISTORY
Division (a)(4) added; Ord. 73-15, Eff. 6/27/2015. Division (e)(1)(B) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (e)(1)(B), (f), (f)(1), (f)(1)(C)-(D), (f)(1)(D)(ii), (f)(1)(D)(iv), (f)(1)(E), and (g)(1)(D) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)(5)-(a)(5)(C), (c)(3), and (h) added; divisions (c)(1), (d), (d)(1), (e)(1)-(e)(1)(C) amended; Ord. 229-17, Eff. 1/5/2018. Divisions (e)(1)(F)-(H) deleted; former division (e)(1)(I) redesignated as division (e)(1)(F); division (g) deleted; divisions (g)(1)-(g)(1)(E) redesignated as divisions (g)-(g)(5); current divisions (g), (g)(1)- (g)(1)(F), and (g)(3) amended; division (i) added; Ord. 202-18, Eff. 9/10/2018. Divisions (a)(6)-(a)(6)(C) added; Ord. 182-19, Eff. 9/9/2019.
Editor's Note:
   Prior to the addition of this section to the Code as part of the substantial revision effected by Ord. 22-15, portions of this section were codified under other section numbers as follows: division (b) was codified as Sec. 229, division (c)(1) was codified as Sec. 102.35(c), divisions (c)(2)(A)-(F) were codified as Sec. 102.35(a), and division (f)(1) was codified as Sec. 102.6.1. See those former sections for prior legislative history relating to those provisions.
SEC. 202.3.  LIMITATION ON CHANGE IN USE OR DEMOLITION OF GENERAL GROCERY USE.
   Notwithstanding any other provision of this Article, a change in use or demolition of a General Grocery, as defined in Section 102, which use exceeds 5,000 gross square feet shall require Conditional Use authorization pursuant to Section 303 of this Code, which shall include the findings required by Section 303(l). This Section shall not authorize a change in use if the new Use or Uses are otherwise prohibited.
(Added as Sec. 218.2 by Ord. 298-06, File No. 061261, App. 12/12/2006; amended by Ord. 245-08, File No. 080696; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by 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)
AMENDMENT HISTORY
Section amended; Ord. 56-13 , Eff. 4/27/2013. Former Sec. 218.2 redesignated as Sec. 202.3 and amended; Ord. 22-15, Eff. 3/22/2015. Section header and section amended; Ord. 188-15 , Eff. 12/4/2015. Section amended; Ord. 129-17, Eff. 7/30/2017.
SEC. 202.4.  LIMITATION ON CHANGE IN USE OR DEMOLITION OF MOVIE THEATER USE.
   Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use, as defined in Section 102 shall require Conditional Use authorization pursuant to Section 303, including the specific conditions in that Section for conversion of such a use. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited.
(Added as Sec. 221.1 by Ord. 270-04, File No. 041070, App. 11/9/2004; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former Sec. 221.1 redesignated as Sec. 202.4 and amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 202.5.  CONVERSION OF AUTOMOTIVE SERVICE STATIONS.
   (a)   Findings.
      (1)   The recent trend toward conversion of service stations to non-service station use has resulted in the curtailment of essential services, including automobile refueling and emergency services, and is contrary to the public health, safety, peace and general welfare.
      (2)   To address this problem, the Board of Supervisors adopted Resolution No. 759-89 to impose interim controls on the conversion of service stations and to create a task force to study this problem and make recommendations to this Board regarding how to address this problem.
      (3)   In the 17 months since Resolution 759-89, 11 more service stations have been converted to other uses. The Service Station Conversion Task Force has recommended that the Board of Supervisors adopt permanent legislation to address this problem.
      (4)   The Board of Supervisors recognizes that service station operators and those who own property on which such stations are located are entitled to earn a fair rate of return on their investment. Where a fair rate of return is being earned, the Board finds that service stations should be allowed to convert to other uses only where it is determined that the conversion would benefit the public.
   (b)   Definitions. Whenever used in this Section, unless a different meaning clearly appears from the context:
      (1)   "Automotive Service Station" or "service station" shall mean a retail automotive service use as defined in Section 102 of this Code.
      (2)   "Conversion" shall mean to change the use of a property from a service station use to a different type of use.
      (3)   "Return on investment" shall mean:
         (A)   where the property owner does not own the Automotive Service Station business, the before income tax total annual rent and other compensation received from the service station business for the lease of the land and buildings, less the expenses of the lessor, on a cash basis.
         (B)   where the property owner also owns the Automotive Service Station business, the before income tax profit on the sale of all goods and services at the service station, including the sale of gasoline, less the cost of goods sold and operating costs, on a cash basis.
      (4)   "Total investment in the property" shall mean the fair market value of the property at the time the application is filed with the Zoning Administrator.
      (5)   "Demolition" shall mean the physical removal of underground, and/or surface tanks used in storage and dispensing of gasoline and/or any building or canopy without the replacement of such equipment or structures to allow continued operation of the service station.
   (c)   Limitation on Conversions.
      (1)   No owner of a property used as an Automotive Service Station shall change the use of the property to a different type of use without first applying for and receiving either a Conditional Use authorization from the City Planning Commission, or a conversion determination from the Zoning Administrator. Such authorizations shall be in addition to any other permit or authorization required for a proposed service station conversion under any applicable City, State or federal law or regulation. Automotive Service Stations which front on Primary Transit Streets or Citywide Pedestrian Network Streets, as designated in the General Plan, shall be exempt from the conversion limitations of this Section. The procedures for service station conversion applications shall be as described in Sections 306 and 306.1 of this Code for conditional use and variance actions.
      (2)   Either the Planning Commission or the Zoning Administrator shall determine at a public hearing whether an applicant is entitled to convert the service station, depending on the grounds on which the permit is sought. The Planning Commission shall make Conditional Use authorization determinations based on the criteria set forth in Subsection (d). The Zoning Administrator shall make service station conversion determinations under the grounds set forth in Subsection (e). An applicant may, but need not, apply to the Planning Commission for a Conditional Use authorization pursuant to Subsection (d) and apply to the Zoning Administrator for a conversion authorization pursuant to Subsection (e), provided that if either one approves the application at the first hearing held on it, no hearing shall be necessary before the other. The procedures for service station conversion hearings shall be as described in Sections 306 through 306.5 and 306.8 of this Code for conditional use action (Planning Commission hearings) and variance action.
   (d)   Criteria for Planning Commission Conditional Use Authorization. In acting on any application for Conditional Use authorization for conversion, the Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c) of this Code.
      (1)   The Planning Commission shall approve the application and authorize the service station conversion if it determines from the facts presented that the reduction in availability of automotive goods and services resulting from the service station conversion would not be unduly detrimental to the public because either:
         (A)   Comparable automotive goods and services are available at other reasonably accessible locations; or
         (B)   The benefits to the public of the service station conversion would outweigh any reduction in automotive goods and services availability because the proposed new use is more necessary or desirable for the neighborhood or community than continued service station use.
      (2)   In making determinations under Subsection (1)(A), the Planning Commission shall consider the following factors:
         (A)   The types of services offered by the service station sought to be converted and the hours and days during which such goods and services are available;
         (B)   The volume of gasoline and other motor fuel sold and the number of vehicles serviced at such service station during each of the 24 months preceding the filing of the conditional use authorization application;
         (C)   Whether the volume of gasoline and other motor fuel sold and the number of vehicles serviced each month has increased or decreased during the 24-month period immediately preceding the conditional use authorization;
         (D)   The accessibility of comparable automotive goods and services offered by other service stations and repair garages which serve the same geographic area and population segments (e.g., neighborhood residents, in-town or out-of-town commuters, tourists) as the service station sought to be converted.
      (3)   In making determinations under Subsection (1)(B), the Planning Commission shall consider the following factors:
         (A)   If the proposed use is a Residential use, the total number of units to be provided and the number of those units that are affordable units;
         (B)   If the proposed new use is a Commercial use, the types of goods and services to be offered and the availability of comparable products and services in the vicinity;
         (C)   The importance of the street on which the service station fronts to walking, cycling, and public transit, and the impact of automobile access and egress to the service station and of the proposed new uses and structures on the safety and comfort of pedestrians, cyclists, and transit riders;
         (D)   The relative environmental dangers posed by the current and proposed uses, including but not limited to the quality and character of waste generated, noxious or offensive emissions, fire and explosion hazards and noise, and whether the service station conversion would facilitate the cleanup of existing contamination at the property;
         (E)   The relative employment opportunities offered by the service station and the proposed new use;
         (F)   The relative amount of taxes or other revenues to be received by the City or other governmental bodies from service station use and the proposed new use;
         (G)   The compatibility of the existing service station and of the proposed new use or structure with the General Plan and area plan urban design policies and the street frontage standards of this Code;
         (H)   Whether the service station use and the proposed use are permitted principal uses, conditional uses or nonconforming uses.
   (e)   Criteria for Zoning Administrator Conversion Determination. The Zoning Administrator shall approve the application and authorize the service station conversion if the Zoning Administrator determines from the facts presented that the owner of the subject property is not earning a Fair Return on Investment, as defined in Section 102. The owner shall bear the burden of proving that the owner is not earning a Fair Return on Investment.
      (1)   Application. A property owner's application under this Section shall be signed by the owner or an authorized representative of the owner and, under penalty of perjury, declared to contain true and correct information. The application shall be accompanied by:
         (A)   An independent appraisal of the property stating its value;
         (B)   A written statement from an independent Certified Public Accountant summarizing the applicant's financial records, including the property appraisal and stating the return on investment calculated pursuant to Section 102;
         (C)   A certified statement from the Certified Public Accountant identifying the owner of the property and the owner of the service station business;
         (D)   Such other financial information as the Zoning Administrator may reasonably determine is necessary to make the determination provided for in this Section.
      (2)   Rebuttable Presumption. There shall be a rebuttable presumption that the property owner is earning a Fair Return on Investment if the property owner has earned at least a 9% return on the property owner’s total investment in the property for the 24-month period immediately preceding the filing of the application, or in the case of a service station business that ceased operations after October 12, 1989, for the 24-month period immediately preceding the date the service station ceased operations. The property owner may rebut this presumption by offering evidence demonstrating that because of special facts regarding his or her property the property owner is not earning a Fair Return on Investment or that because of special demonstrated circumstances the applicant would not earn a fair return on investment from service station use during that 12-month period after the filing of the service station conversion application.
      (3)   Notice of Hearing. Prior to conducting the hearing required by subsection (c)(1), the Zoning Administrator shall provide public notification of the hearing pursuant to the requirements of Section 333 of this Code.
      (4)   Determination. The Zoning Administrator shall render written determination within 60 days of the hearing.
      (5)   Consultation With Other City Departments. If necessary, the Zoning Administrator shall have the authority to consult with or retain the assistance of the staffs of the Department of Public Works, Real Estate Department, and Mayor's Office of Workforce and Economic Development in the review of applications for service station conversion.
   (f)   Demolition and Tank Removal.
      (1)   No service station shall be demolished except to enable a new service station to be constructed on the property, unless:
         (A)   The property owner has first obtained a conditional use authorization from the Planning Commission pursuant to Subsection (d) above or a conversion determination from the Zoning Administrator pursuant to Subsection (e) above; or
         (B)   The Department of Building Inspection and the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety.
      (2)   Notwithstanding subsections (f)(1)(A) and (f)(1)(B) above, if a service station is owned by a lessee of the property and the property lease was signed prior to the effective date of Ordinance 288-91, which lease permits or requires the lessee to remove the service station from the property before or after the expiration or termination of the lease, and the lease has expired or terminated or will do so within 60 days, the lessee may cease operation of the service station as permitted or required in the lease. Nothing in this provision, however, shall relieve the property owner from continued use of property as an Automotive Service Station as defined by Sections 102 and 890.18 of this Code or the requirements of subsection (f)(1)(A) above.
      (3)   This Section shall not limit the removal of any underground storage tank at a service station where removal of the tank is required to comply with any other local, State or federal law or regulation or where the Director of Public Health or a State or federal regulatory agency with jurisdiction over underground storage tanks determines that the tank poses, or removal of the tank is necessary to mitigate, a threat to public health or safety, including but not limited to waters of the State. All appropriate permits (other than the authorizations required by this Section for conversions) shall be obtained prior to such authorized tank removals. The removal of an underground tank pursuant to this Section does not otherwise exempt a property owner from the requirement of obtaining conditional use authorization to convert an Automotive Service Station.
(Added as Sec. 228 by Ord. 288-91, App. 7/22/91; amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
AMENDMENT HISTORY
Section header amended; former Secs. 228, 228.1, 228.2, 228.3, 228.4, and 228.5 redesignated as Secs. 228(a)-(f) and internal subdivisions and references adjusted accordingly; divisions (b)(1) and (c)(1) amended; division (d)(3)(C) added; divisions (e)(3), (e)(5), and (f)(2) amended; Ord. 173-12, Eff. 9/1/2012. Former Sec. 228 redesignated as Sec. 202.5; divisions (b)(1), (e), and (e)(1)(B) amended; Ord. 22-15, Eff. 3/22/2015. Division (f)(2) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (e)(2) and (e)(3) amended; Ord. 179-18, Oper. 1/1/2019.
SEC. 202.6.  LIVE/WORK UNITS.
   No City official, department, board or commission shall issue or approve a building permit or other land use entitlement authorizing a new Live/Work Unit as defined in Section 102 of this Code, except as authorized as an accessory use under Section 204.4. Lawfully approved Live/Work Units are subject to the nonconforming use provisions of Section 181 of this Code.
(Added as Sec. 233 by Ord. 412-88, App. 9/10/88; amended by Ord. 115-90, App. 4/6/90; Ord. 56-02, File No. 012127, App. 4/29/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 202.6 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former Sec. 233 redesignated as Sec. 202.6 and amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 202.7.  DEMOLITION OF INDUSTRIAL BUILDINGS IN PDR DISTRICTS, REPLACEMENT REQUIREMENTS.
   (a)   In order to preserve the existing stock of buildings suitable for industrial activities and to create new viable space for Industrial Uses, as defined in Section 102, in PDR Districts, an industrial building that is not unsound and is proposed for demolition must be replaced by a new building that complies with the criteria set forth below:
      (1)   If the building proposed for demolition represents greater than 0.4 FAR, then the replacement building shall include at least one square foot of Industrial Use for each square foot of Industrial Use in the building proposed for demolition.
      (2)   If the building proposed for demolition represents 0.4 FAR or less, then the replacement building shall include at least two square feet of Industrial Use for each square foot of Industrial Use in the building proposed for demolition.
   (b)   Definitions. For the purpose of this Subsection, the following definitions shall apply:
      (1)   Unsound shall refer to buildings in which rehabilitation would cost 50 percent or more to construct a comparable building.
      (2)   An industrial building shall mean any building containing any Industrial Use.
(Added as Sec. 231A by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 and amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; redesignated and amended; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former Sec. 231A redesignated as Sec. 230; division (b)(2) amended; Ord. 196-11, Eff. 11/3/2011. Former Sec. 230 redesignated as Sec. 202.7; division (a) amended; former division (b)(2) deleted and former division (b)(3) redesignated as (b)(2); Ord. 22-15, Eff. 3/22/2015.
SEC. 202.8.  LIMITATION ON CONVERSION OF PRODUCTION, DISTRIBUTION, AND REPAIR USE, INSTITUTIONAL COMMUNITY USE, AND ARTS ACTIVITIES USE.
   The following controls shall apply in the following Eastern Neighborhoods Plans Areas: Mission; Eastern SoMa; Western SoMa; and, if adopted, Central SoMa. Notwithstanding any other provision of this Code, conversion of building space where the prior use in such space was a Production, Distribution, and Repair (PDR) use of at least 5,000 square feet, an Institutional Community use of at least 2,500 square feet, or an Arts Activities use, all as defined in Section 102, through change in use or any other removal, including but not limited to demolition of a building that is not unsound, shall be subject to the following requirements:
   (a)   To preserve the existing stock of building space suitable for PDR, Institutional Community, and Arts Activities uses, such conversion shall, if located within the following zoning districts, require conditional use authorization under Section 303 and the space proposed for conversion shall be replaced in compliance with the following criteria:
      (1)   In the areas that, as of July 1, 2016, are zoned SALI, the replacement space shall include one square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
      (2)   In the areas that, as of July 1, 2016, are zoned UMU, MUO, or SLI, the replacement space shall include 0.75 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
      (3)   In the areas that, as of July 1, 2016, are zoned MUG or MUR, the replacement space shall include 0.50 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
      (4)   For any project located in the areas that, as of July 1, 2016, are zoned SALI, UMU, MUO, SLI, MUG, or MUR, that would convert at least 15,000 square feet of PDR, Institutional Community, or Arts Activities use, and for which an Environmental Evaluation application was submitted to the Planning Department by June 14, 2016, the replacement space shall include 0.4 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion. Notwithstanding the foregoing sentence, should the Board of Supervisors overturn any such project’s environmental review on appeal, such project shall provide replacement space as required by subsections (a)(1), (2), or (3) above, as applicable.
      (5)   The replacement requirements of subsections (a)(1), (2), (3), and (4) may be reduced by 0.25 square feet (e.g. a 1:1 replacement requirement becomes a 1:0.75 replacement requirement) for any project subject to any contract or agreement meeting the requirements of California Civil Code Section 1954.28(d), including but not limited to a development agreement approved by the City under California Government Code Section 65864 et seq. if, as part of the terms of such agreement, the required replacement space is rented, leased, or sold at 50% below market rate for such commercial space for a period of not less than 55 years and is subject to a deed restriction.
      (6)   Replacement space for PDR and Arts Activities use may be used for either PDR or Arts Activities use, regardless of which of those uses is proposed for conversion. Replacement space for Institutional Community use shall be used for Institutional Community use.
   (b)   Definitions. For the purposes of this Section 202.8, the following definitions shall apply:
      “Prior use” shall mean the prior permanent and permitted use and shall not include any approved temporary uses such as “pop-up” eating establishments, craft fairs, or other seasonal uses.
      “Replacement space” shall mean newly developed building space and shall not include building space that was previously used for PDR, Institutional Community, or Arts Activities.
      “Unsound” shall mean a building for which rehabilitation to comply with City Codes for continued use as PDR, Institutional Community, or Arts Activities use, as applicable, would cost 50% or more of the cost to construct a comparable building.
   (c)   The amount of replacement space required under subsection (a) (1) may be reduced by the amount that is necessary to provide building entrances and exits; maintenance, mechanical, and utilities facilities; and on-site open space and bicycle facilities required under this Code; provided that no reduction shall be permitted for non-car-share vehicle parking spaces.
   (d)   Undeveloped property. The requirements of this Section 202.8 shall only apply to those portions of a site that are developed with building space where the prior use in such space was PDR use of at least 5,000 square feet, an Institutional Community use of at least 2,500 square feet, or an Arts Activities use.
   (e)   In determining whether to grant Conditional Use authorization, in addition to making the required findings under Section 303, the Planning Commission shall consider the suitability of the replacement space for the use proposed for conversion.
   (f)   Exemptions. The following shall be exempt from the requirements of this Section 202.8:
      (1)   Any property under the jurisdiction of the Port of San Francisco or the Recreation and Park Commission; all Redevelopment Plan Areas in effect as of July 1, 2016; and any parcel zoned P (Public) on or after July 1, 2016.
      (2)   Any project where the PDR use, Institutional Community use, or Arts Activities use subject to conversion commenced after June 14, 2016.
      (3)   Any project that has been approved by the Planning Department or Planning Commission by June 14, 2016, provided that, if subsequently appealed, such approval is upheld.
      (4)   Any project that would convert less than 15,000 square feet of PDR, Institutional Community, or Arts Activities use and for which an Environmental Evaluation application was submitted to the Planning Department by June 14, 2016.
      (5)   Any public transportation project.
      (6)   Any project that receives affordable housing credits associated with retention of affordable units at the South Beach Marina Apartments, pursuant to Board of Supervisors Resolution No. 197-16.
      (7)   Any project where all of the residential units with the exception of the manager’s unit are affordable housing units, as that term is defined in Section 406(b)(1). If feasible, such projects shall make efforts to replace any converted PDR, Institutional Community, and Arts Activities uses.
      (8)   Any property in the Western SoMa Plan Area if the actual use functioning on the property as of September 8, 2014, as determined by the Zoning Administrator, was principally permitted, and not a PDR, Institutional Community, or Arts Activities use, such that a legal conversion could have been approved prior to October 9, 2014. This exemption applies only to conversions of uses smaller than 25,000 square feet.
      (9)   Any project that proposes to convert no more than 50% of the property’s PDR, Institutional Community, or Arts Activities space, provided that such space is located within a landmark designated under Article 10 of the Planning Code or individually listed on the National Register of Historic Places as of July 1, 2016 and that no more than 49,999 square feet is converted to office use. Additionally, any such project that is also subject to a contract or agreement meeting the requirements of California Civil Code Section 1954.28(d), which, as part of the terms of such contract or agreement, rents, leases, or sells at 50% below market rate the property’s remaining PDR, Institutional Community, or Arts Activities space, may convert an additional 25% of the property’s PDR, Institutional Community, or Arts Activities space exempt from the requirements of this Section 202.8, for a total of 75% exempted conversion. The City department negotiating the contract or agreement shall determine the market rate using accepted best practices for this purpose. Such below market rate rental, lease, or sale shall be for a period of not less than 55 years and subject to a deed restriction. The exemptions set forth in this subsection 202.8(f)(9) may be approved through multiple project applications so long as no more than a total of 50% (or 75% if restricting the commercial rent of the property as set forth herein) of the property’s PDR, Institutional Community, or Arts Activities space is converted under this exemption.
   (g)   This Section 202.8 shall not authorize a change in use if the new use or uses are otherwise prohibited.
   (h)   In Lieu Fee and Off-Site Replacement. The Board of Supervisors may enact an ordinance adopting an in lieu fee and/or regulating off-site replacement. The proceeds from any such in lieu fee shall be used for the preservation and rehabilitation of existing PDR, Institutional Community, and Arts Activities spaces in the area plan area where the project paying the fee is located.
   (i)   The Board of Supervisors by ordinance and by at least a two-thirds vote of all its members may amend this Section 202.8 at any time after its effective date.
(Added by Proposition X, 11/8/2016; amended by Ord. 103-17, File No. 161014, App. 5/26/2017, Eff. 6/25/2017)
AMENDMENT HISTORY
Division (f)(9) added; divisions (a)(5) and (h) amended; Ord. 103-17, Eff. 6/25/2017.
SEC. 202.9.  FLEXIBLE RETAIL USES.
   (a)   Applicability. This Section shall apply to Flexible Retail Uses as defined in Section 102. Flexible Retail shall be permitted in neighborhood commercial districts in the following Flexible Retail Zones:
      (1)   Zone 1: shall comprise all of that portion of the City and County commencing at the point of the intersection of the shoreline of the Pacific Ocean and the eastern boundary of Lincoln Park, and proceeding southerly along the eastern boundary of Lincoln Park to California Street, and proceeding easterly along California Street to 26th Avenue, and proceeding northerly along 26th Avenue to Lake Street, and proceeding easterly along Lake Street to Arguello Boulevard, and proceeding southerly along Arguello Boulevard to Euclid Avenue, and proceeding easterly along Euclid Avenue to Bush Street, and proceeding easterly along Bush Street to Gough Street, and proceeding southerly along Gough Street to Geary Boulevard, and proceeding easterly along Geary Boulevard to Van Ness Avenue, and proceeding southerly along Van Ness Avenue to Oak Street, and proceeding westerly along Oak Street to Buchanan Street, and proceeding southerly along Buchanan Street to Hermann Street, and proceeding westerly along Hermann Street to Steiner Street, and proceeding northerly along Steiner Street to Waller Street, and proceeding westerly along Waller Street to Buena Vista Avenue East, and proceeding westerly along Buena Vista Avenue East to Haight Street, and proceeding westerly along Haight Street to Buena Vista Avenue West, and proceeding southerly along Buena Vista Avenue West to Frederick Street, and proceeding westerly along Frederick Street to Ashbury Street, and proceeding southerly along Ashbury Street to Clayton Street, and proceeding southerly along Clayton Street to Twin Peaks Boulevard, and proceeding southerly along Twin Peaks Boulevard to Clarendon Avenue, and proceeding westerly along Clarendon Avenue to Stanyan Street, and proceeding northerly along Stanyan Street to Belgrave Avenue, and proceeding westerly along Belgrave Avenue to a westerly extension of Belgrave Avenue, and proceeding southerly and westerly to the intersection of said line and Johnstone Drive, and proceeding westerly along Johnstone Drive to Medical Center Way, and proceeding northerly along Medical Center Way to Parnassus Avenue, and proceeding westerly along Parnassus Avenue to 4th Avenue, and proceeding southerly along the southern extension of 4th Avenue to Kirkham Street, and proceeding westerly along Kirkham Street to 9th Avenue, and proceeding northerly along 9th Avenue to Judah Street, and proceeding westerly along the southern edge of Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along the northern edge of Sloat Boulevard, and following a straight-line extension of Sloat Boulevard to the shoreline of the Pacific Ocean proceeding northerly along said shoreline to the point of commencement.
      (2)   Zone 2: shall comprise all of that portion of the City and County commencing at the point of the intersection of Junipero Serra Boulevard and Brotherhood Way, and proceeding northerly along the eastern edge of Junipero Serra Boulevard to Garfield Street, and proceeding easterly along Garfield Street to Grafton Avenue, and continuing easterly along Grafton Avenue to Mount Vernon Avenue, and proceeding easterly along Mount Vernon Avenue to Howth Street, and proceeding northerly along Howth Street to Geneva Avenue, and proceeding easterly along Geneva Avenue to Interstate 280, and proceeding northerly along Interstate 280 to the straight-line extension of Tingley Street, and proceeding southerly along said line to Tingley Street, and proceeding southerly along Tingley Street to Alemany Boulevard, and proceeding easterly along Alemany Boulevard to Congdon Street, and proceeding southerly along Congdon Street to Silver Avenue, and proceeding easterly along Silver Avenue to Madison Street, and proceeding southerly along Madison Street to Burrows Street, and proceeding westerly along Burrows Street to Prague Street, and proceeding southerly along Prague Street to Persia Avenue, and proceeding easterly along Persia Avenue to Mansell Street, and continuing easterly along Mansell Street to San Bruno Avenue, and proceeding northerly and easterly along San Bruno Avenue along San Bruno Avenue1 to Ware Street, and proceeding easterly along Ware Street to Bayshore Boulevard, and proceeding northerly along Bayshore Boulevard to a straight line extension from Bayshore Boulevard to San Bruno Avenue, and proceeding northerly along San Bruno Avenue to 23rd Street, and proceeding easterly along 23rd Street to Vermont Street, and proceeding northerly along Vermont Street to 16th Street, and proceeding easterly along 16th Street to a straight-line extension from 16th Street, and proceeding easterly along said extension to the shoreline to the San Francisco Bay, and proceeding southerly along shoreline to the San Francisco/San Mateo county border, and proceeding westerly along the San Francisco/San Mateo county border to Saint Charles Avenue, and proceeding northerly along Saint Charles Avenue to Interstate 280, and proceeding northeasterly along Interstate 280 to a northerly straight-line extension to Orizaba Avenue, and proceeding northerly along said line to Alemany Boulevard, and proceeding westerly along Alemany Boulevard to Brotherhood Way, and proceeding westerly along Brotherhood Way to the point of commencement.
   (b)   Requirements.
      (1)   Underlying Uses incorporated into Flexible Retail. Flexible Retail, as defined in Section 102, incorporates two or more specific uses. Each such use must be Principally Permitted in the underlying zoning district. If a use requires a Conditional Use Authorization in the underlying zoning district, then a Conditional Use Authorization must be obtained before such use may be permitted as part of a Flexible Retail Use.
      (2)   Minimum of two Uses. A Flexible Retail Use must operate with at least two Uses at any given time.
(Added by Ord. 285-18, File No. 180806, App. 12/7/2018, Eff. 1/7/2019)
CODIFICATION NOTE
1.   So in Ord. 285-18.
SEC. 203.  EFFECT ON CERTAIN PUBLIC SERVICES.
   This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way.
(Amended by Ord. 443-78, App. 10/6/78)
SEC. 204.  ACCESSORY USES, GENERAL.
   This Section 204 and Sections 204.1 through 204.5, shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; 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)
AMENDMENT HISTORY
Section amended; Ord. 22-15, Eff. 3/22/2015. Section amended; Ord. 129-17, Eff. 7/30/2017.
SEC. 204.1.  ACCESSORY USES FOR DWELLINGS IN ALL DISTRICTS.
   No use shall be permitted as an accessory use to a dwelling unit in any District that involves or requires any of the following:
   (a)   Any construction features or alterations not residential in character;
   (b)   The use of more than one-third of the total floor area of the dwelling unit, except in the case of accessory off-street parking and loading or Neighborhood Agriculture as defined by Section 102;
   (c)   The employment of any person not resident in the dwelling unit, other than a domestic servant, gardener, janitor, or other person concerned in the operation or maintenance of the dwelling unit except in the case of a Cottage Food Operation, which allows the employment of one employee, not including a family member or household members of the Cottage Food Operation;
   (d)   Residential occupancy by persons other than those specified in the definition of family in this Code;
   (e)   In RH-1(D), RH-1, and RH-1(S) Districts, the provision of any room for a roomer or boarder with access other than from within the dwelling unit;
   (f)   Addition of a building manager's unit, unless such unit meets all the normal requirements of this Code for dwelling units;
   (g)   The maintenance of a stock in trade other than garden produce related to Neighborhood Agriculture as defined by Section 102, or materials and products related to a Cottage Food Operation; or
   (h)   The use of show windows or window displays or advertising to attract customers or clients;
   (i)   The conduct of a business office open to the public other than for sales related to garden produce of Neighborhood Agriculture as defined by Section 102, or the finished products of a Cottage Food Operation; or
   (j)   A Medical Cannabis Dispensary as defined in Section 102 of this Code.
   Provided, however, that Subsection (i) of this Section shall not exclude the maintenance within a Dwelling Unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further, that Subsection (h) shall not exclude the display of signs permitted by Article 6 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; 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. 288-13 , File No. 130998, App. 12/26/2013, Eff. 1/25/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (b), (g), and [former] (h) amended; Ord. 66-11 , Eff. 5/20/2011. [Former] division (i) added; Ord. 140-11, Eff. 8/4/2011. Section header, undesignated introductory paragraph, and divisions (b), (c), and (g) amended; new division (h) added; former division (h) redesignated as (i) and amended; former division (i) redesignated as (j); undesignated concluding paragraph amended; Ord. 288-13 , Eff. 1/25/2014. Divisions (b), (c), (g), (i), and (j) amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 204.2.  ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN RESIDENTIAL DISTRICTS.
   No use shall be permitted as an accessory use to a use other than a dwelling in any Residential District that involves or requires any of the following:
   (a)   The use of more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading;
   (b)   The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or
   (c)   The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by the Zoning Control Table for the district; or
   (d)   A Medical Cannabis Dispensary as defined in Section 102 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Division (d) added; Ord. 140-11, Eff. 8/4/2011. Section header and undesignated introductory paragraph amended; Ord. 176-12 , Eff. 9/6/2012. Divisions (c) and (d) amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 204.3.  ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC, M, AND PDR DISTRICTS.
   (a)   Commercial, Residential-Commercial, PDR, and M Districts. An Accessory Use to a lawful Principal or Conditional Use is subject to the following limitations:
      (1)   Floor Area Limitations. An Accessory Use cannot occupy more than one-third of the total floor area occupied by such use, any additional accessory uses, and the Principal or Conditional Use to which it is accessory, except in the case of accessory off-street parking or loading.
      (2)   Noise and Vibration Limitations. Any noise, vibration, or unhealthful emissions may not extend beyond the premises of the use.
      (3)   Limitations on Cannabis Retail Accessory Uses. The sale of cannabis as an accessory use is subject to any applicable limitations or regulations imposed by the Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the Cannabis Retail establishment holds a permit from the City’s Office of Cannabis specifically permitting Cannabis Retail accessory to another activity on the same premises.
      (4)   Accessory Catering Use to Limited Restaurants. Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants.
   (b)   PDR and M District Specific Controls. Multiple PDR uses within a single building or development may combine their accessory retail allotment into one or more shared retail spaces, provided that the total allotment of accessory retail space per use does not exceed what otherwise would be permitted by this Section 204.3.
   (c)   C, M, and PDR District Specific Controls. An antenna or a microwave or satellite dish shall be permitted in, C, M, and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are met:
      (1)   the antenna or dish will be used for the reception of indoor wireless, microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents or occupants in the building on which the facility is placed;
      (2)   the antenna or dish is an accessory use to a lawful principal or conditional use; and
      (3)   the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines.
   This subsection (c) shall not apply to an antenna or a microwave or satellite dish that complies with the Federal Communications Commission’s Over the Air Receiving Device rules.
(Amended by Ord. 111-80, App. 3/28/80; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; 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. 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)
AMENDMENT HISTORY
[Former] division (d) amended; Ord. 71-14 , Eff. 6/22/2014. Section header and division (a) amended; former divisions (a)(1)-(3) and (5) deleted, former division (a)(4) redesignated as (a)(1) and amended, and new division (a)(2) added; former divisions (b) and (c) deleted and former division (d) redesignated as (b) and amended; Ord. 232-14 , Eff. 12/26/2014. Section header amended; Ord. 22-15, Eff. 3/22/2015. Division (c) added; Ord. 166-16 , Eff. 9/10/2016. Divisions (a)-(a)(2) amended; division (a)(3) added; divisions (b) and (c)-(c)(2) amended; Ord. 229-17, Eff. 1/5/2018. Division (a)(4) added; Ord. 196-18, Eff. 9/10/2018.