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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 10A: [REQUEST FOR SHERIFF’S SERVICES]*
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: BAN ON CITY USE OF GAS-POWERED LANDSCAPING EQUIPMENT
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CHAPTER 12X: [REPEALED]*
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: FOOD PURCHASES AT HOSPITALS OPERATED BY THE DEPARTMENT OF PUBLIC HEALTH AND JAILS OPERATED BY THE SHERIFF’S DEPARTMENT
CHAPTER 21E: GOODS OR SERVICES CONTRACTS FOR INCARCERATED PERSONS
CHAPTER 21F: SAN FRANCISCO PUBLIC UTILITIES COMMISSION SOCIAL IMPACT PARTNERSHIP PROGRAM.
CHAPTER 21G: GRANTS
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 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 22I: OFFICE OF CYBER SECURITY AND DUTIES OF THE CHIEF INFORMATION SECURITY OFFICER
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. 303(q) CRITERIA
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 37B: MIDTOWN PARK APARTMENTS
CHAPTER 37C: EVICTION PROTECTIONS FOR COMMERCIAL TENANTS DURING COVID-19 PANDEMIC
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 41G: RESIDENTIAL HOTEL COVID-19 PROTECTIONS
CHAPTER 41H: EXPANDING TRANSITIONAL HOUSING FOR TRANSITIONAL AGE YOUTH IN HAIGHT-ASHBURY
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 58A: RIGHT TO CIVIL COUNSEL FOR VICTIMS OF DOMESTIC VIOLENCE
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 59A: FOOD SECURITY AND EQUITY REPORTS
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 67B: PARENTAL LEAVE AND TELECONFERENCING
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 85: THE HOUSING INNOVATION PROGRAM
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 SHARED SPACES 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 96D: PRESENTATION OF YOUTH CASES
CHAPTER 96E [DOMESTIC VIOLENCE DATA REPORTING]*
CHAPTER 96F: COMMUNITY POLICING PLANS
CHAPTER 96G: LIMITS ON POLICE DEPARTMENT USE AND STORAGE OF DNA PROFILES
CHAPTER 96H: LAW ENFORCEMENT EQUIPMENT POLICIES
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 107C: AMERICAN INDIAN CULTURAL DISTRICT
CHAPTER 107D: SUNSET CHINESE CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 111: HOUSING REPORTS FOR SENIORS AND PEOPLE WITH DISABILITIES
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 118: PLACE FOR ALL PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
CHAPTER 122: CLOSURE OF COUNTY JAIL 4
CHAPTER 123: LIBRARY LAUREATE PROGRAMS
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: [REPEALED]
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: [REPEALED]
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: [REPEALED]
ARTICLE 17: [REPEALED]
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 29: VACANCY TAX ORDINANCE
ARTICLE 29A: EMPTY HOMES TAX ORDINANCE
ARTICLE 30: CANNABIS BUSINESS TAX
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
ARTICLE 33: OVERPAID EXECUTIVE GROSS RECEIPTS TAX
ARTICLE 36: [REPEALED]
ARTICLE 37: FAIR WAGES FOR EDUCATORS PARCEL TAX ORDINANCE
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: MUNICIPAL GREEN BUILDING REQUIREMENTS*
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*
CHAPTER 32: MANDATORY EDIBLE FOOD RECOVERY
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 11B: HEALTHY BUILDINGS
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: [REPEALED]
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
ARTICLE 46:
ARTICLE 47: ADULT SEX VENUES
ARTICLE 48: REQUIRING RETAIL PHARMACIES TO STOCK OPIOID ANTAGONISTS
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 21: BAN ON PUBLIC USE OF GAS-POWERED LANDSCAPING EQUIPMENT
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 33K: [EXPIRED]
ARTICLE 33L: [EXPIRED]
ARTICLE 33M: [EXPIRED]
ARTICLE 33N: DOMESTIC WORKERS’ EQUAL ACCESS TO PAID SICK LEAVE
ARTICLE 33O: RESIDENTIAL CONSTRUCTION WAGE THEFT PREVENTION ORDINANCE
ARTICLE 33P: PUBLIC HEALTH EMERGENCY LEAVE
ARTICLE 33Q: PRIVATE SECTOR MILITARY LEAVE 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 36D: GUN VIOLENCE RESTRAINING ORDERS
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 53: REGULATION OF THIRD-PARTY FOOD DELIVERY SERVICES
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
ARTICLE 56: MOTOR VEHICLE STUNT DRIVING
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 5.9: PERMIT REGULATIONS FOR VENDORS
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
Comprehensive Ordinance List
San Francisco Building Inspection Commission (BIC) Codes
SEC. 207. DWELLING UNIT DENSITY LIMITS.
   (a)   Applicability. The density of Dwelling Units permitted in the various Districts shall be as set forth in the Zoning Control Table for the district in which the lot is located. The term “Dwelling Unit” is defined in Section 102 of this Code. In districts where no density limit is specified, density shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, bulk, setbacks, open space, exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review by the Planning Department.
   (b)   Rules for Calculating Dwelling Unit Density. In districts that establish a maximum dwelling unit density, the following rules shall apply in the calculation of dwelling unit density under this Code:
      (1)   A remaining fraction of one-half or more of the minimum of lot area per Dwelling Unit shall be adjusted upward to the next higher whole number of Dwelling Units.
      (2)   Where permitted by this Code, two or more of the dwelling and other housing uses specified in the Code may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where Dwelling Units and Group Housing are combined, the maximum permitted density for Dwelling Units and for Group Housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot.
      (3)   Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density.
      (4)   No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density.
      (5)   Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the Dwelling Units attributable to the district permitting the greater density shall be located in the district permitting the lesser density.
      (6)   In Neighborhood Commercial Districts, the dwelling unit density shall be at a density ratio not exceeding the number of Dwelling Units permitted in the nearest R District, provided that the maximum density ratio shall in no case be less than the amount set forth in the Zoning Control Table for the district in which the lot is located. The distance to each R District shall be measured either from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density.
   (c)   Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances:
      (1)   Affordable Units in Projects with 20% or More Affordable Units. For projects that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, where 20% or more of the Dwelling Units on-site are “Affordable Units,” the on-site Affordable Units shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. For purposes of this Section 207, “Affordable Units” shall be defined as meeting (A) the criteria of Section 406(b); (B) the requirements of Section 415 et seq. for on-site units; or (C) restricted units in a project using California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC). If a project sponsor proposes to provide “Affordable Units” that are not restricted by any other program, in order to receive the benefit of the additional density permitted under this Subsection (c)(1) or Subsection (c)(2), the project sponsor shall elect and the Planning Department and MOHCD shall be authorized to enforce, restricting the units as affordable under Planning Code Section 415.6 up to a maximum of 25% of the units in the Principal Project. The project sponsor shall make such election through the procedures described in Section 415.5(g) including submitting an Affidavit of Compliance indicating the project sponsor’s election to pursue the benefits of Subsection (c)(1) or (c)(2) and committing to up to 25% on-site units restricted under Section 415.6 prior to approval by the Planning Commission or Planning Department staff. If a project sponsor obtains the exemption from the density calculation for Affordable Units provided in this subsection, the exemption shall be documented and recorded against the property under the terms of a Regulatory Agreement as defined under Section 206.2 and consistent with the provisions set forth in Section 206.6(f)(4). Any later request to decrease the number of Affordable Units shall require the project to go back to the Planning Commission or Planning Department, whichever entity approved the project as a whole.
      (2)   Affordable Units in RTO Districts. In the RTO District, on site Dwelling Units that are “Affordable Units,” as defined in Subsection (a), shall not count toward density calculations or be limited by lot area.
      (3)   Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District.
         (A)   Projects in RC Districts or within one-quarter of a mile from an RC or NC-2 (Small-Scale Neighborhood Commercial District) zoned area or higher, including Named Commercial Districts, and located in an area with adequate access to services including but not limited to transit, shopping and medical facilities, shall be principally permitted.
         (B)   Projects in RH and RM Districts located more than one-quarter of a mile from an RC or NCD-2 (Small-Scale Neighborhood Commercial District) zoned area or higher, including Named Commercial Districts, shall require Conditional Use authorization.
      (4)   Accessory Dwelling Units – Local Program: Accessory Dwelling Units in Multifamily Buildings and Accessory Dwelling Units in Single-Family Homes That Do Not Strictly Meet the Requirements in subsection (c)(6).
         (A)   Definition. An “Accessory Dwelling Unit” (ADU) is defined in Section 102.
         (B)   Applicability. This subsection (c)(4) shall apply to the construction of ADUs on all lots located within the City and County of San Francisco in areas that allow residential use, except ADUs regulated by subsection (c)(6) below.
         (C)   Controls on Construction. An ADU regulated by this subsection (c)(4) is permitted to be constructed in an existing or proposed building under the following conditions:
            (i)   For lots that have four existing Dwelling Units or fewer, or where the zoning would permit the construction of four or fewer Dwelling Units, one ADU is permitted. For lots that have more than four existing Dwelling Units or are undergoing seismic retrofitting under subsection (c)(4)(F) below, or where the zoning would permit the construction of more than four Dwelling Units, there is no limit on the number of ADUs permitted, as long as all other health and safety requirements are met.
            (ii)   The Department shall not approve an application for construction of an ADU where a tenant on the lot was evicted pursuant to Administrative Code Sections 37.9(a)(9) through (a)(12) and 37.9(a)(14) under a notice of eviction served within 10 years prior to filing the application for a building permit to construct the ADU, or where a tenant was evicted pursuant to Administrative Code Section 37.9(a)(8) under a notice of eviction served within five years prior to filing the application for a building permit to construct the ADU. This subsection (c)(4)(C)(ii) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Department and to the Residential Rent Stabilization and Arbitration Board (Rent Board) a declaration from the property owner or the tenant certifying that the property owner notified the tenant of the tenant’s right to reoccupy the unit and the tenant chose not to reoccupy it.
            (iii)   Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall file with the Rent Board a written declaration, signed under penalty of perjury, demonstrating that the project will comply with the requirements of Administrative Code Sections 37.2(r) and 37.9 relating to severance, substantial reduction, or removal of a housing service. The Rent Board shall determine the form and content of said declaration, which shall include the following information: (1) a description of any housing services supplied in connection with the use or occupancy of any units on the subject property that are located in the area of the property or building where the ADU would be constructed; (2) whether construction of the ADU would result in the severance, substantial reduction, or removal of any such housing services; and (3) whether any of the just causes for eviction under Administrative Code Section 37.9(a) would apply. The property owner shall also file a copy of the notice required under Section 207(c)(4)(J) with the declaration.
            (iv)   Tenants at the subject property may contest the information in the declaration required by subsection 207(c)(4)(C)(iii) by petitioning for a written determination from the Rent Board verifying the presence and defining characteristics of the housing service or services in question, and whether any such housing services would be severed, substantially reduced, or removed by the project as proposed. Petitions must be filed with the Rent Board within 30 calendar days after the notice required under subsection 207(c)(4)(J) has been provided. If no such petition is timely filed, the Rent Board shall promptly transmit the declaration to the Planning Department. If any such petition is timely filed, the Rent Board shall endeavor to transmit the declaration and its final written determination on the petition to the Planning Department within 90 calendar days of receipt of said petition. The Department shall not approve an application to construct an ADU under this subsection (c)(4) unless (1) the Rent Board has transmitted the declaration and final written determination required by subsections (c)(4)(C)(iii) and (c)(4)(C)(iv), and (2) the materials transmitted by the Rent Board indicate that construction of the ADU would not result in the severance, substantial reduction, or removal without just cause of any tenant housing service set forth in Administrative Code Section 37.2(r) that is supplied in the area of the property or building where the ADU would be constructed, unless the property owner demonstrates that the tenant supplied with that housing service has given their express written consent for the severance, substantial reduction, or removal of the housing service.
            (v)   Except as provided in subsections (vi), (vii), and (xiv) below, an ADU shall be constructed a. entirely within the buildable area of an existing lot, provided that the ADU does not include a vertical addition, or b. within the built envelope of an existing and authorized detached garage, storage structure, or other detached structure on the same lot. For purposes of this subsection 207(c)(4), a “detached” structure or ADU shall not share structural walls with either the primary structure or any other structure on the lot. For purposes of this subsection (c)(4)(C)(v), the “built envelope” shall include the open area under an existing and authorized cantilevered room or room built on columns; decks, except for decks that are supported by columns or walls other than the building wall to which they are attached and are multi-level or more than 10 feet above grade; and lightwell infills provided that the infill will be against a blank neighboring wall at the property line and not visible from any off-site location; as these spaces existed as of July 11, 2016. An ADU constructed entirely within the existing built envelope, as defined in this subsection 207(c)(4)(C)(v), along with permitted obstructions allowed in Section 136(c)(32), of an existing building or authorized detached structure on the same lot, or where an existing detached garage or storage structure has been expanded to add dormers, is exempt from the notification requirements of Section 311 of this Code unless the existing building or authorized detached structure on the same lot is an Article 10 or Article 11 individual landmark or is in an Article 10 or Article 11 District,,4 in which case the notification requirements will apply. If an ADU will be constructed under a cantilevered room or deck that encroaches into the required rear yard, a pre-application meeting that complies with the Planning Commission’s Pre-Application policy is required.
            (vi)   When a detached garage, storage, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allowed to add dormers even if the detached garage, storage structure, or other auxiliary structure is in the required rear yard.
            (vii)   On a corner lot, a legal detached nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block.
            (viii)   ADUs shall comply with any applicable controls in Planning Code Section 134(f).
            (ix)   An ADU shall not be constructed using space from an existing Dwelling Unit, except that an ADU may expand into habitable space on the ground or basement floors provided that it does not exceed 25% of the total gross square footage of such space on the ground and basement floors. The Zoning Administrator may waive this 25% limitation if (1) the resulting space would not be usable or would be impractical to use for other reasonable uses, including, but not limited to, storage or bicycle parking or (2) waiving the limitation would help relieve any negative layout issues for the proposed ADU.
            (x)   An existing building undergoing seismic retrofitting may be eligible for a height increase pursuant to subsection (c)(4)(F) below.
            (xi)   Notwithstanding any other provision of this Code, an ADU authorized under this subsection (c)(4) may not be merged with an original unit(s).
            (xii)   An ADU shall not be permitted in any building in a Neighborhood Commercial District or in the Chinatown Community Business or Visitor Retail Districts if it would eliminate or reduce a ground-story retail space, unless the Accessory Dwelling Unit is a Designated Child Care Unit, as defined in Section 102, and meets all applicable standards of Planning Code Section 414A.6(e).
            (xiii)   An Accessory Dwelling Unit shall not be permitted under this subsection (c)(4) if it would result in the reduction or removal of on-site laundry service, unless that laundry service is replaced with at least the same number or capacity of washers and dryers within the same building and as accessible as before to all building tenants.
            (xiv)   An application for a permit solely to construct an ADU in a proposed building pursuant to this subsection 207(c)(4)(C) shall not be subject to the notification requirements of Section 311 of this Code; however, any application for a permit to construct the proposed building shall be subject to any applicable notification requirements of Section 311 of this Code.
            (xv)   In addition to any ADUs permitted under this Section 207(c)(4) within the primary structure, one detached ADU shall be permitted within the required rear yard if it complies with the following requirements:
               a.   The proposed ADU is located at least four feet from the side and rear lot lines and has a height no greater than sixteen feet.
               b.   The Gross Floor Area of a detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU that provides more than one bedroom shall not exceed 1,000 square feet.
         (D)   Prohibition of Short-Term Rentals. An ADU shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code, which restriction shall be recorded as a Notice of Special Restriction on the subject lot.
         (E)   Restrictions on Subdivisions. Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU authorized under this Section 207(c)(4) shall not be subdivided in a manner that would allow for the ADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership. This prohibition on separate sale or finance of the ADU shall not apply to an ADU in a building that consisted entirely of condominium units as of July 11, 2013, and has had no evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the Administrative Code since July 11, 1996. This prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26.
         (F)   Buildings Undergoing Seismic Retrofitting. For ADUs on lots with a building undergoing mandatory seismic retrofitting in compliance with of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the following additional provision applies: If allowed by the Building Code, a building in which an ADU is constructed may be raised up to three feet to create ground floor ceiling heights suitable for residential use. Such a raise in height
            (i)   Shall be exempt from the notification requirements of Section 311 of this Code; and
            (ii)   May expand a noncomplying structure, as defined in Section 180(a)(2) of this Code and further regulated in Sections 172, 180, and 188, without obtaining a variance for increasing the discrepancy between existing conditions on the lot and the required standards of this Code.
            (iii)   On lots where an ADU is added in coordination with a building undergoing mandatory seismic retrofitting in compliance with of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the building and the new ADU shall maintain any eligibility to enter the condo-conversion lottery and may only be subdivided if the entire property is selected on the condo-conversion lottery.
            (iv)   Pursuant to subsection (4)(C)(i), there is no limit on the number of ADUs that are permitted to be added in connection with a seismic retrofit, as long as all health and safety requirements are met.
         (G)   Waiver of Code Requirements; Applicability of Rent Ordinance. Pursuant to the provisions of Section 307(l) of this Code, the Zoning Administrator may grant a complete or partial waiver of the density limits and bicycle parking, rear yard, exposure, or open space standards of this Code for ADUs constructed within an existing building, and may grant a waiver of the density limits of this Code for ADUs constructed within a proposed building. If the Zoning Administrator grants a complete or partial waiver of the requirements of this Code and the subject lot contains any Rental Units at the time an application for a building permit is filed for construction of the ADU(s), the property owner(s) shall enter into a Regulatory Agreement with the City under subsection (c)(4)(H) subjecting the ADU(s) to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) as a condition of approval of the ADU(s). For purposes of this requirement, Rental Units shall be as defined in Section 37.2(r) of the Administrative Code.
         (H)   Regulatory Agreements. A Regulatory Agreement required by subsection (c)(4)(G) as a condition of approval of an Accessory Dwelling Unit shall contain the following:
            (i)   a statement that the ADU(s) are not subject to the Costa Hawkins Rental Housing Act (California Civil Code Section 1954.50) because, under Section 1954.52(b), the owner has entered into this agreement with the City in consideration for a complete or partial waiver of the density limits, and/or bicycle parking, rear yard, exposure, or open space standards of this Code or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. (“Agreement”); and
            (ii)   a description of the complete or partial waiver of Code requirements granted by the Zoning Administrator or other direct financial contribution or form of assistance provided to the property owner; and
            (iii)   a description of the remedies for breach of the Agreement and other provisions to ensure implementation and compliance with the Agreement.
            (iv)   The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code.
            (v)   Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded against the property and shall be binding on all future owners and successors in interest.
            Any Regulatory Agreement entered into under this Section 207(c)(4) shall not preclude a landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa Hawkins Rental Housing Act.
         (I)   Monitoring Program.
            (i)   Monitoring and Enforcement of Unit Affordability. The Department shall establish a system to monitor the affordability of the Accessory Dwelling Units authorized to be constructed by this subsection 207(c)(4) and shall use such data to enforce the requirements of the Regulatory Agreements entered into pursuant to subsection (c)(4)(H). Property owners shall provide the Department with rent information as requested by the Department. The Board of Supervisors recognizes that property owners and tenants generally consider rental information sensitive and do not want it publicly disclosed. The intent of the Board is for the Department to obtain the information for purposes of monitoring and enforcement but that its public disclosure is not linked to specific individuals or units. The Department shall consult with the City Attorney’s Office with respect to the legal requirements to determine how best to achieve the intent of the Board.
            (ii)   Monitoring of Prohibition on Use as Short Term Rentals. The Department shall collect data on the use of ADUs authorized to be constructed by this subsection (c)(4) as Short-Term Residential Rentals, as that term is defined in Administrative Code Section 41A.4, and shall use such data to evaluate and enforce Notices of Special Restriction pursuant to subsection 207(c)(4)(D) and the requirements of Administrative Code Chapter 41A.
            (iii)   Department Report. As part of the annual Housing Inventory, the Department shall report report the types of units being developed pursuant to this subsection 207(c)(4), their affordability rates, their use as Short-Term Residential Rentals, and such additional information as the Director or the Board of Supervisors determines would inform decision makers and the public on the effectiveness and implementation of this subsection 207(c)(4), and shall include recommendations for any amendments to the requirements of this Section 207(c)(4).
         (J)   Notification. Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall cause a notice describing the proposed project to be posted in an accessible common area of the building for at least 15 calendar days prior to submitting an application to construct an ADU, and shall cause said notice to be mailed or delivered to each unit (including unauthorized units) at the subject property, also at least 15 calendar days prior to submitting the application. The property owner shall submit proof of these notices to the Planning Department as part of the application to construct an ADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the project, including the number and location of the proposed ADU(s), and shall include a copy of the written declaration required by subsection (c)(4)(C)(iii). These notices shall also include instructions on how a tenant may petition the Rent Board for a written determination on the declaration as set forth in subsection (c)(4)(C)(iii), including the deadline for filing such petition, which shall be 30 calendar days after the notice has been provided. These notices shall also describe how to obtain additional information regarding the project and shall provide contact information for the Planning Department that complies with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Planning Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
      (5)   On-site Units in Group Housing Projects. For On-site Units in Group Housing projects subject to Section 415.6 that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, the On-site Units in Group Housing projects subject to Section 415.6 shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk.
      (6)1    Accessory Dwelling Units - State Mandated Program: Accessory Dwelling Units in Existing or Proposed Dwellings or in a Detached Structure on the Same Lot.
         (A)   Applicability. This subsection 207(c)(6) shall apply to the construction of ADUs and Junior Accessory Dwelling Units (“JADUs”) (as defined in Section 102) in existing or proposed dwellings or in a detached structure on the same lot, if the ADU meets the applicable requirements of this subsection 207(c)(6). An ADU constructed pursuant to this subsection is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding an ADU or JADU in compliance with this subsection 207(c)(6) does not exceed the allowable density for the lot. Unless otherwise specified, for purposes of this subsection 207(c)(6), a “detached” structure or ADU shall not share structural walls with either the primary structure or any other structure on the lot. If construction of the ADU will not meet the requirements of this subsection, the ADU is regulated pursuant to subsection 207(c)(4) and not this subsection 207(c)(6).
         (B)   General Controls on Construction. An ADU constructed pursuant to this subsection (c)(6) shall meet all of the following:
            (i)   The ADU must have independent exterior access from the existing or proposed primary dwelling or existing accessory structure, and side and rear setbacks sufficient for fire safety.
            (ii)   For projects involving a property listed in the California Register of Historic Places, or a property designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11, the ADU or JADU shall comply with any architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such projects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter.
            (iii)   All applicable requirements of San Francisco’s health and safety codes shall apply, including but not limited to the Building and Fire Codes.
            (iv)   No parking is required for the ADU.
         (C)   Specific Controls for Ministerial ADUs. The purpose of this subsection 207(c)(6)(C) is to implement California Government Code Sections 65852.2(e) and 65852.22, which requires ministerial consideration of ADUs and JADUs that meet certain standards (“Ministerial ADUs”). ADUs and JADUs shall strictly meet the requirements set forth in this subsection (c)(6)(C) without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G). The City shall approve ADUs and JADUs meeting the following requirements, in addition to the requirements of subsection 207(c)(6)(B) and any other applicable standards:
            (i)   ADUs and JADUs within proposed space of a proposed single-family dwelling or within existing space of a single-family dwelling or accessory structure meeting the following conditions:
               a.   The lot on which the ADU or JADU is proposed contains an existing or proposed single-family dwelling.
               b.   Only one ADU and one JADU is permitted per lot.
               c.   Each proposed ADU and JADU includes an entrance that is separate from the entrance to the existing or proposed dwelling.
               d.   Side and rear setbacks will be sufficient for fire safety.
               e.   If an ADU is proposed, it will be within the existing space of a single-family dwelling or accessory structure, or within the space of a proposed single-family dwelling, or it will require an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress.
               f.   If a JADU is proposed, it meets the requirements of California Government Code Section 65852.22.
            (ii)   Detached, new construction ADUs on lot containing a proposed or existing single-family dwelling meeting the following conditions:
               a.   The lot on which the detached ADU is proposed contains an existing or proposed single-family dwelling.
               b.   The lot on which the ADU is proposed does not contain another ADU, but may contain a JADU.
               c.   The proposed ADU is detached from the single-family dwelling and any other structure.
               d.   The proposed ADU is new construction.
               e.   The proposed ADU is located at least four feet from the side and rear lot lines, is no greater than 800 square feet in Gross Floor Area, and has a height no greater than sixteen feet.
            (iii)   ADUs within existing space of a multifamily dwelling meeting the following conditions:
               a.   The lot on which the ADU is proposed contains an existing multifamily dwelling.
               b.   The ADU is proposed within a portion of the multifamily dwelling structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.
               c.   The total number of ADUs within the dwelling structure would not exceed twenty-five percent of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted to have at least one ADU pursuant to this subsection 207(c)(6)(C)(iii) if all other applicable standards are met.
            (iv)   Detached, new construction ADUs on lot containing multifamily dwelling meeting the following conditions:
               a.   The lot on which the ADU is proposed contains an existing multifamily dwelling.
               b.   The proposed ADU is detached from the multifamily dwelling.
               c.   The proposed ADU is located at least four feet from the side and rear lot lines and has a height no greater than sixteen feet.
               d.   No more than two ADUs shall be permitted per lot pursuant to this subsection 207(c)(6)(C)(iv).
         (D)   Specific Controls for Streamlined ADUs. The purpose of this subsection 207(c)(6)(D) is implement California Government Code Sections 65852.2(a) through (d), which requires streamlined, ministerial approval of ADUs meeting certain standards (“Streamlined ADUs”). An ADU located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling, and that is constructed pursuant to this subsection 207(c)(6)(D), shall meet all of the following requirements, in addition to the requirements of subsection 207(c)(6)(B) and any other applicable standards. Provided, however, that the City shall not impose limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings, that does not permit construction of an ADU meeting all other requirements that is 800 square feet or less in Gross Floor Area, 16 feet or less in height, and with four foot side and rear yard setbacks. ADUs under this subsection 207(c)(6)(D) shall meet the following conditions:
            (i)   Only one ADU will be constructed.
            (ii)   The ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling.
            (iii)   The lot on which the ADU is proposed does not contain another ADU or JADU.
            (iv)   The ADU is either a. attached to or will be constructed entirely within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure on the same lot, or b. attached to or will be constructed entirely within a proposed or legally existing detached structure on the same lot, or c. detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
            (v)   If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides one bedroom or less shall not exceed 50 percent of the Gross Floor Area of the existing primary dwelling or 850 square feet, whichever is greater. If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides more than one bedroom shall not exceed 50 percent of the Gross Floor Area of the existing primary dwelling or 1,000 square feet, whichever is greater.
            (vi)   The Gross Floor Area of a detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU that provides more than one bedroom shall not exceed 1,000 square feet.
            (vii)   Setbacks. No setback is required for an ADU located within an existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and constructed to the same dimensions as the structure being replaced. A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from either an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
            (viii)   When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of those offstreet parking spaces is not required.
            (ix)   The ADU shall not exceed a height of 16 feet.
         (E)   Notification requirements for ADUs on a lot containing a proposed or existing single-family dwelling. Prior to submitting an application to construct an ADU or JADU on a lot containing a proposed or existing single-family dwelling under subsection 207(c)(6)(D), the property owner shall notify all tenants on the subject property of the application, including tenants of the subject property in unauthorized residential units. The property owner shall satisfy this notification requirement in one of the following two ways.
            (i)   Comply with the requirements of the Building Code and applicable Department of Building Inspection screening forms, and submit a copy of any applicable Department of Building Inspection Screening forms to the Planning Department as part of the application to construct an ADU or JADU; or
            (ii)   Cause a notice describing the proposed project to be posted on the subject property for at least 15 days, cause a written notice describing the proposed project to be mailed to the tenants of the subject property, and submit proof of these notices to the Planning Department as part of the application to construct an ADU or JADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the project, including the number and location of the proposed ADU and JADU. These notices shall describe how to obtain additional information regarding the project and provide contact information for the Planning Department that complies with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Planning Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
         (F)   Permit Application Review and Approval. The City shall act on an application for a permit to construct an ADU or JADU under this subsection 207(c)(6) within 60 days from receipt of the complete application, without modification or disapproval, if the proposed construction fully complies with the requirements set forth in this subsection 207(c)(6). No requests for discretionary review shall be accepted by the Planning Department for permit applications meeting the requirements of this subsection 207(c)(6). The Planning Commission shall not hold a public hearing for discretionary review of permit applications meeting the requirements of this subsection 207(c)(6). Permit applications meeting the requirements of this subsection 207(c)(6) shall not be subject to the notification or review requirements of Section 311 of this Code.
         (G)   Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this subsection 207(c)(6) shall be as set forth in Section 8 of the Business and Tax Regulations Code.
         (H)   Prohibition of Short-Term Rentals. An ADU or JADU authorized under this subsection 207(c)(6) shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code. This restriction shall be recorded as a Notice of Special Restriction on the subject lot.
         (I)   Rental; Restrictions on Subdivisions. The following restrictions shall be recorded as a Notice of Special Restriction on the subject lot on which an ADU or JADU is constructed under this subsection 207(c)(6) and shall be binding on all future owners and successors in interest:
            (i)   An ADU or JADU constructed pursuant to this subsection 207(c)(6) may be rented and is subject to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code).
            (ii)   Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU or JADU authorized under this subsection 207(c)(6) shall not be subdivided in a manner that would allow for the ADU or JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26.
            (iii)   The size and attributes of a JADU constructed pursuant to this subsection 207(c)(6) shall comply with the requirements of this subsection 207(c)(6) and Government Code 65852.22.
         (J)   Department Report. In addition to the information required by subsection 207(c)(4)(I)(iii), the annual Housing Inventory shall include a description and evaluation of the number and types of units being developed pursuant to this subsection (c)(6), their affordability rates, and such other information as the Director or the Board of Supervisors determines would inform decision makers and the public.
         (K)   Fees. No impact fees shall be imposed on ADUs or JADUs authorized under this subsection 207(c)(6), where the ADU or JADU is smaller than seven hundred and fifty square feet of Gross Floor Area, or for ADUs that are proposed in lots with three existing units or fewer. Impact fees for all other ADUs shall be imposed proportionately in relation to the Gross Floor Area of the primary dwelling unit.
      (7)   A Designated Child Care Unit that meets all the applicable standards of Planning Code Section 414A.6 shall not count towards the calculation of maximum density permitted on the site.
      (8)   Residential Density Exception in RH Districts.
         (A)   Density Exception. Projects located in RH Districts that are not seeking or receiving a density bonus under the provisions of Planning Code Sections 206.5 or 206.6 shall receive an exception from residential density limits for up to four dwelling units per lot, excluding Corner Lots, or up to six dwelling units per lot in Corner Lots, not inclusive of any Accessory Dwelling Units as permitted under this Section 207, provided that the dwelling units meet the requirements set forth in this subsection (c)(8).
         (B)   Eligibility of Historic Resources. To receive the density exception authorized under this subsection (c)(8), a project must demonstrate to the satisfaction of the Environmental Review Officer that it does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, as may be amended from time to time. Permit fees for pre-application Historic Resource Assessments shall be waived for property owners who apply to obtain a density exception under this subsection (c)(8), if they sign an affidavit stating their intent to reside on the property for a period of three years after the issuance of the Certificate of Final Completion and Occupancy for the new dwelling units. Permit fees for Historic Resource Determinations shall not be waived.
         (C)   Applicable Standards. Projects utilizing the density exception of this subsection (c)(8) and that provide at least four dwelling units shall be subject to a minimum Rear Yard requirement of the greater of 30% of lot depth or 15 feet. All other building standards shall apply in accordance with the applicable zoning district as set forth in Section 209.1.
         (D)   Unit Replacement Requirements. Projects utilizing the density exception of this subsection (c)(8) shall comply with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to produce at least as many dwelling units as the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein.
         (E)   Applicability of Rent Ordinance; Regulatory Agreements. Project sponsors of projects utilizing the density exception of this subsection (c)(8) shall enter into a regulatory agreement with the City, subjecting the new units created pursuant to the exception to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (i) a statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) because, under Section 1954.52(b), the property owner has entered into and agreed to the terms of this agreement with the City in consideration of an exception from residential density limits of up to four dwelling units per lot, or up to six units per lot in Corner Lots, or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq.; (ii) a description of the exception of residential density or other direct financial contribution or form of assistance provided to the property owner; and (iii) a description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Regulatory Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded to the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest.
         (F)   Unit Sizes. At least one of the dwelling units resulting from the density exception shall have two or more bedrooms or shall have a square footage equal to no less than 1/3 of the floor area of the largest unit on the lot.
         (G)   Eligibility. To receive the density exception authorized under this subsection (c)(8), property owners must demonstrate that they have owned the lot for which they are seeking the density exception for a minimum of one year prior to the time of the submittal of their application. For the purposes of establishing eligibility to receive a density exception according to subsection (c)(8)(B), a property owner who has inherited the subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step family relationship, specifically from either (i) a grandparent, parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner’s spouse or registered domestic partner (each an “Eligible Predecessor”), may add an Eligible Predecessor’s duration of ownership of the subject lot to the property owner’s duration of ownership of the same lot.
         (H)   Annual Report on Housing Affordability, Racial Equity, and Language Access Goals. To help the City evaluate whether the implementation of this Section 207(c)(8) comports with the City’s housing affordability, racial equity, and language access goals, each year the Planning Department, in consultation with other City departments including the Department of Building Inspection, the Rent Board, and the Office of the Assessor-Recorder, shall prepare a report addressing the characteristics and demographics of the applicants to and participants in the program established in said section; the number of units permitted and constructed through this program; the geographic distribution, affordability, and construction costs of those units; and the number of tenants that vacated or were evicted from properties as a result of the permitting or construction of units through this program (“Affordability and Equity Report”). The Affordability and Equity Report shall be included and identified in the annual Housing Inventory Report. The Planning Department shall prepare the report utilizing applicant data that has been provided by program applicants voluntarily and anonymously, and separate from the submittal of an application for a density exception. An applicant’s decision to provide or decline to provide the information requested by the Planning Department in order to prepare the report shall have no bearing on the applicant’s receipt of a density exception.
      (9)3    Replacing Auto-Oriented Uses with Housing.
         (A)   Purpose. The purpose of this subsection (c)(9) is to encourage housing development on parcels that are being used for Auto-Oriented Uses, with the goal of easing the City’s housing shortage while addressing the adverse impacts that automobiles have on climate change, pedestrian safety, and livability.
         (B)   Definition. For the purposes of this subsection (c)(9), an Auto-Oriented Use shall mean any parcel that has, or had as its last permitted use, an accessory parking lot or garage, or any use defined as an Automotive Use in Planning Code Section 102.
         (C)   Applicability. This subsection (c)(9) shall apply to all properties (i) with an Auto-Oriented Use on which a residential use is permitted as a Principal Use but does not contain a Residential Use, and which also (ii) have not had a Legacy Business, as defined in Administrative Code Section 2A.242(b), on the site for four years prior to submittal of an application under this subsection (c)(9). Notwithstanding the previous sentence, this subsection (c)(9) shall not apply to properties located in RM or RC districts, or to properties located in a designated historic district under Article 10 of this Code. Sites that contain a business that has been nominated for inclusion in the Legacy Business Registry shall be ineligible for this subsection (c)(9), unless the Small Business Commission finally determines that such business does not meet the criteria for a Legacy Business under Administrative Code section 2A.242(b).
         (D)   Density Controls. Notwithstanding any other provision of this Code, eligible properties shall be subject to the following density controls:
            (i)   Eligible Sites in RH Zoning Districts: Four Dwelling Units per lot as a Principally Permitted use.
            (ii)   Eligible Sites in Other Zoning Districts: Density shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and any adopted design standards or guidelines for each parcel as a Principally Permitted Use. Notwithstanding any contrary provision of this Code, projects using this subsection (c)(9) may also seek a density bonus under Section 206.6.
         (E)   Conditional Use. Any other Conditional Use required by this Code that is not related to permitted residential density shall continue to apply.
         (F)   Parking Requirements.
            (i)   Residential Parking. Proposed projects using the density exception in this subsection (c)(9) are subject to the following parking controls:
               P: up to 0.25 parking spaces per residential unit
               C: up to 0.5 parking spaces per unit
               NP: above 0.5 spaces per unit
            (ii)   Non-Residential Parking. Notwithstanding any other provision of this Code, up to 75% of Non-Residential Parking otherwise allowed by this Code shall be permitted for projects using the density exception in this subsection (c)(9).
         (G)   Review of Program and Limit on Number of Residential Units. The Planning Department shall include the number and location of projects using this subsection (c)(9) and number of units provided in such projects in the Housing Inventory Report. This subsection (c)(9) shall remain in effect until the Planning Department approves a total of 5,000 residential units under the authority of this subsection (c)(9). When the Planning Director certifies in writing that the Planning Department has approved 5,000 residential units under this subsection 207(c)(9), the subsection shall expire by operation of law, and the City Attorney shall cause the subsection to be removed from the Planning Code.
(Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 162-17 ,, File No. 170434, App. 7/27/2017, Eff. 8/26/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 208-21, File No. 210699, App. 11/12/2021, Eff. 12/13/2021; Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/21; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 210-22, File No. 210866, App. 10/28/2022, Eff. 11/28/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023)
AMENDMENT HISTORY
Section header and section amended; Ord. 22-15, Eff. 3/22/2015. Section header amended; former section amended and designated as current division (a); former Sec. 207.1 amended and designated as divisions (b) and (c) of this section [see that section for its prior legislative history]; Ord. 30-15 , Eff. 4/25/2015. Divisions (c)(1), (c)(4)(A)-(C) and [former] (c)(4)(D) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015 [see Editor's Note below]. Division (c) amended; division (c)(5)1 added; Ord. 164-15 , Eff. 10/23/2015. Divisions (b)(1) and (b)(6) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)(4), (c)(4)(B), and (c)(4)(C) amended; new divisions (c)(4)(D)-(I) added; former division (c)(4)(D) redesignated as (c)(4)(I) and amended; division (c)(5)1 added; Ord. 162-16 , Eff. 9/3/2016. Divisions (a), (c), (c)(4), (c)(4)(A), (B), (F), (F)(iii) amended; divisions (c)(4)(B)(i) - (v) and (c)(6)(C) - (F) added; division (c)(5)1 redesignated as (c)(6); division (c)(5)(C)1 redesignated as (c)(6)(G) and amended; Ord. 95-17 , Eff. 6/11/2017. Divisions (c)(4)(B), (c)(4)(B)(ii) and (iii), (c)(4)(C)(i)-(iii) and (vi) amended; division (c)(4)(F)(iv) added; division (c)(6)(B) deleted; divisions (c)(6)(C)-(G) redesignated as (c)(6)(B)-(F) and current divisions (c)(6)(B), (c)(6)(B)(i), (c)(6)(B)(iii), (c)(6)(B)(v), (c)(6)(B)(vi), and (c)(6)(C) amended; Ord. 162-17 , Eff. 8/26/2017. Divisions (c)(4)(B)(iii), (c)(4)(B)(v), (c)(4)(C)(i), (c)(4)(C)(ii) amended; new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(iii)-(vi) redesignated as (c)(4)(C)(v)-(viii); divisions (c)(4)(G), (c)(4)(H)(i), (c)(4)(H)(iv), (c)(4)(I)(ii), (c)(6)(A), (c)(6)(B)(i), and (c)(6)(B)(iii) amended; divisions (c)(6)(B)(x) and (xi) added; divisions (c)(6)(C) and (c)(6)(E)(ii) amended; Ord. 195-18 , Eff. 9/10/2018. Divisions (c)(6)(B)(i) and (c)(6)(C) amended; Ord. 202-18 , Eff. 9/10/2018. Division (c)(4)(C)(viii) amended; division (c)(7) added; Ord. 7-19 , Eff. 2/25/2019. Divisions (c)(4), (c)(4)(B)(ii)-(iii), (c)(4)(C), (c)(4)(C)(i), (ii), and (iv), (c)(4)(E), (c)(4)(F)(i)-(iv), (c)(4)(G), (c)(4)(H)(i) and (iv), (c)(6)-(c)(6)(B), (c)(6)(B)(iii)-(v) and (x) amended; division (c)(6)(B)(xii) added; division (c)(6)(C) amended; division (c)(6)(D) added; former divisions (c)(6)(D)-(F) redesignated as (c)(6)(E)- (G); divisions (c)(6)(H)-(c)(6)(H)(viii) added; Ord. 116-19 , Eff. 7/29/2019. Divisions (c)(4), (c)(4)(B)(iii), (c)(6)(B)(x), and (c)(6)(H)(ii) amended; Ord. 63-20 , Eff. 5/25/2020. Division (c)(4)(C)(i) amended as (c)(4)(C)(i) and (ii); new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(ii)-(viii) redesignated as (c)(4)(C)(v)-(xi); divisions (c)(4)(C)(v), (viii), and (x) amended; division (c)(4)(J) added; Ord. 208-21 , Eff. 12/13/2021. Second division (c)(4)(C)(ix)2 added following current division (c)(4)(C)(xi); Ord. 209-21 , Eff. 12/20/2021. Division (c)(1) amended; Ord. 210-21 , Eff. 12/20/2021. Divisions (c)(8) - (c)(8)(H) added; Ord. 210-22 , Eff. 11/28/2022. Divisions (c)(9)-(c)(9)(G)3 added; Ord. 264-22 , Eff. 1/22/2023. Divisions (c)(4), (c)(4)(B), (c)(4)(C) - (c)(4)(C)(ii), and (c)(4)(C)(v)-(vii) amended; divisions (c)(4)(C)(viii) - second (ix)2 amended as (c)(4)(C)(ix) - (xiii); divisions (c)(4)(D)-(F), (c)(4)(F)(iv), (c)(4)(G), (c)(4)(I)(ii)-(iii), and (c)(6)-(c)(6)(B) amended; divisions (c)(6)(B)(iv)-(v) and (viii)-(ix) amended as (c)(6)(B)(i)-(iv); divisions (c)(4)(B)(i)-(v), (c)(6)(B)(i)-(iii), (vi)-(vii), and (x)-(xii), and (c)(6)(C)-(H)(viii) deleted; divisions (c)(4)(C)(viii), (xiv), and (xv)-(xv)b., and (c)(6)(C)-(K) added; Ord. 53-23 , Eff. 5/22/2023.
CODIFICATION NOTES
1.   Division (c)(6) was originally added as division (c)(5) by Ord. 162-16, Eff. 9/3/2016. Because Ord. 164-15, Eff. 10/23/2015, had already added a division (c)(5), the newer division (c)(5) was redesignated as division (c)(6) by Ord. 95-17, Eff. 6/11/2017.
2.   So in Ord. 209-21.
3.   Division (c)(9) was originally added as division (c)(8) by Ord. 264-22. Because Ord. 201-22 had already added a division (c)(8), the publisher has editorially redesignated the newer division (c)(8) as (c)(9).
4.   So in Ord. 53-23.
Editor's Notes:
   As documented in the history notes above, this section was amended by two ordinances enacted concurrently, Ords. 161-15 and 162-15, both effective on 10/18/2015. The ordinances contained a number of overlapping amendments, with the primary distinction between them being the addition of references to two different specific Board of Supervisors Districts. (Those references were deleted by subsequent amendments.) The second of the two concurrent ordinances expressly provides that:
The Board intends that, if adopted, the additions and deletions shown in both ordinances be given effect so that the substance of each ordinance be given full force and effect. To this end, the Board directs the City Attorney's Office and the publisher to harmonize the provisions of each ordinance.
See Section 9 of Ord. 162-15. The editor set out this section in accordance with the Board's direction to harmonize the two ordinances.
   As a separate matter, Ord. 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).