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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 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 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 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 13: JAILS AND PRISONERS
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. PUBLIC 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 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 21H: PROCUREMENT OF FIREARMS AND AMMUNITION
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. [RESERVED]
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 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 94B: ENTERTAINMENT ZONES
CHAPTER 94D: GREATER DOWNTOWN COMMUNITY BENEFIT DISTRICT MASTER PERMITTING FOR ENTERTAINMENT ACTIVATION 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 96I: POLICE DEPARTMENT POLICIES AND PROCEDURES
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 110: FORGIVABLE LOAN FOR FIRST-TIME HOMEBUYERS
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
CHAPTER 123A: LIBRARY READ TO RECOVERY PROGRAM
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 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 AND BUPRENORPHINE
ARTICLE 49: SPECIMEN TEST COLLECTION SITES
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Labor and Employment Code
San Francisco Park Code
San Francisco Planning Code
PLANNING CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PLANNING CODE
ARTICLE 1: GENERAL ZONING PROVISIONS
ARTICLE 1.2: DIMENSIONS, AREAS, AND OPEN SPACES
ARTICLE 1.5: TRANSPORTATION, OFF-STREET PARKING, AND LOADING
ARTICLE 1.7: COMPLIANCE
ARTICLE 2: USE DISTRICTS
SEC. 201. CLASSES OF USE DISTRICTS.
SEC. 202. PERMITTED BY THIS CODE.
SEC. 202.1. ZONING CONTROL TABLES.
SEC. 202.2. LOCATION AND OPERATING CONDITIONS.
SEC. 202.3. LIMITATION ON CHANGE IN USE OR DEMOLITION OF GENERAL GROCERY USE.
SEC. 202.4. LIMITATION ON CHANGE IN USE OR DEMOLITION OF MOVIE THEATER USE.
SEC. 202.5. [REPEALED.]
SEC. 202.6. LIVE/WORK UNITS.
SEC. 202.7. DEMOLITION OF INDUSTRIAL BUILDINGS IN PDR DISTRICTS, REPLACEMENT REQUIREMENTS.
SEC. 202.8. LIMITATION ON CONVERSION OF PRODUCTION, DISTRIBUTION, AND REPAIR USE, INSTITUTIONAL COMMUNITY USE, AND ARTS ACTIVITIES USE.
SEC. 202.9. FLEXIBLE RETAIL USES.
SEC. 202.10. LIMITATION ON INTERMEDIATE LENGTH OCCUPANCIES.
SEC. 202.12. LIMITATION ON CHANGE IN USE OR DEMOLITION OF A LAUNDROMAT USE.
SEC. 202.13. CONVERSION OF AUTOMOTIVE USE TO ELECTRIC VEHICLE CHARGING LOCATION.
SEC. 202.14. LIMITATION ON CHANGE IN USE OR DEMOLITION OF RESIDENTIAL CARE FACILITY.
SEC. 203. EFFECT ON CERTAIN PUBLIC SERVICES.
SEC. 204. ACCESSORY USES, GENERAL.
SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN ALL DISTRICTS.
SEC. 204.2. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN RESIDENTIAL DISTRICTS.
SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC, M, AND PDR DISTRICTS.
SEC. 204.4. DWELLING UNITS ACCESSORY TO OTHER USES.
SEC. 204.5. PARKING AND LOADING AS ACCESSORY USES.
SEC. 204.6. FLEET CHARGING NOT PERMITTED AS ACCESSORY USE.
SEC. 205. TEMPORARY USES, GENERAL.
SEC. 205.1. TEMPORARY USES: SIXTY-DAY LIMIT.
SEC. 205.2. TEMPORARY USES: ONE- TO SEVEN-YEAR LIMIT.
SEC. 205.3. TEMPORARY USES: TWENTY-FOUR-HOUR LIMIT.
SEC. 205.4. TEMPORARY USES: INTERMITTENT ACTIVITIES.
SEC. 205.5. TEMPORARY USES: INTERIM ACTIVITIES ON DEVELOPMENT SITES.
SEC. 205.6. TEMPORARY USES: INTERIM USES WITHIN BARS AND ENTERTAINMENT USES.
SEC. 205.7. TEMPORARY USES: INTERIM ACTIVITIES IN VACANT GROUND-FLOOR COMMERCIAL SPACES.
SEC. 205.8. TEMPORARY USES: OUTDOOR ENTERTAINMENT, ARTS AND RECREATION ACTIVITIES.
SEC. 206. THE AFFORDABLE HOUSING AND EDUCATOR HOUSING PROGRAMS.
SEC. 207. DWELLING UNIT DENSITY LIMITS.
SEC. 207.1. LOCAL ACCESSORY DWELLING UNIT PROGRAM.
SEC. 207.2. STATE MANDATED ACCESSORY DWELLING UNIT PROGRAM.
SEC. 207.3. AUTHORIZATION OF DWELLING UNITS CONSTRUCTED WITHOUT A PERMIT IN AN EXISTING BUILDING ZONED FOR RESIDENTIAL USE.
SEC. 207.4. [REPEALED.]
SEC. 207.5. DENSITY OF DWELLING UNITS IN MIXED USE DISTRICTS.
SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR, EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT, AND THE POLK STREET AND PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS.
SEC. 207.7. REQUIRED MINIMUM DWELLING UNIT MIX.
SEC. 207.8. DIVISION OF DWELLING UNITS IN THE RTO, POLK STREET NCD, PACIFIC AVENUE NCD, AND NCT DISTRICTS.
SEC. 208. DENSITY LIMITATIONS FOR GROUP HOUSING OR HOMELESS SHELTERS.
SEC. 209. DESCRIPTION AND PURPOSE OF RESIDENTIAL AND RESIDENTIAL-COMMERCIAL DISTRICTS.
SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.
SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS.
SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS.
SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS.
SEC. 209.5. [REPEALED.]
SEC. 209.6. [REPEALED.]
SEC. 209.7. [REPEALED.]
SEC. 209.8. [REPEALED.]
SEC. 209.9. [REPEALED.]
SEC. 209.10. [REPEALED.]
SEC. 210. DESCRIPTION AND PURPOSE OF COMMERCIAL, INDUSTRIAL, AND PRODUCTION/DISTRIBUTION/REPAIR DISTRICTS.
SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS.
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
SEC. 210.3. PDR DISTRICTS.
SEC. 210.3A. NON-ACCESSORY USE SIZE LIMITS FOR CERTAIN RETAIL AND OFFICE USES IN PDR-1-B AND PDR-2 DISTRICTS.
SEC. 210.3B. OFFICE USES IN LANDMARK BUILDINGS IN THE PDR-1-D AND PDR-1-G DISTRICTS.
SEC. 210.3C. ALLOWANCE FOR USES TO SUPPORT THE DEVELOPMENT OF NEW PDR SPACE IN THE PDR-1-D AND PDR-1-G DISTRICTS.
SEC. 210.4. M DISTRICTS: INDUSTRIAL.
SEC. 210.5. COMMERCIAL TO RESIDENTIAL ADAPTIVE REUSE PROGRAM.
SEC. 210.6. [REDESIGNATED.]
SEC. 210.7. [REDESIGNATED.]
SEC. 210.8. [REDESIGNATED.]
SEC. 210.9. [REDESIGNATED.]
SEC. 210.10. [REDESIGNATED.]
SEC. 210.11. [REDESIGNATED.]
SEC. 211. P (PUBLIC) DISTRICTS.
SEC. 211.1. PRINCIPAL USES PERMITTED, P DISTRICTS.
SEC. 211.2. CONDITIONAL USES, P DISTRICTS.
SEC. 212. [REPEALED.]
SEC. 213. [REPEALED.]
SEC. 215. [REPEALED.]
SEC. 216. [REPEALED.]
SEC. 217. [REPEALED.]
SEC. 218. [REPEALED.]
SEC. 218.1. [REPEALED.]
SEC. 218.2. [REDESIGNATED.]
SEC. 219. [REPEALED.]
SEC. 219.1. [REDESIGNATED.]
SEC. 219.2. [REDESIGNATED.]
SEC. 220. [REPEALED.]
SEC. 221. [REPEALED.]
SEC. 221.1. [REDESIGNATED.]
SEC. 222. [REPEALED.]
SEC. 223. [REPEALED.]
SEC. 224. [REPEALED.]
SEC. 225. [REPEALED.]
SEC. 226. [REPEALED.]
SEC. 226.1. [REPEALED.]
SEC. 227. [REPEALED.]
SEC. 228. [REDESIGNATED.]
SEC. 229. [REDESIGNATED.]
SEC. 230. [REDESIGNATED.]
SEC. 231. LIMITED CORNER COMMERCIAL USES IN RH, RTO, AND RM DISTRICTS.
SEC. 233. [REDESIGNATED.]
SEC. 234. [REDESIGNATED.]
SEC. 234.1. [REDESIGNATED.]
SEC. 234.2. [REDESIGNATED.]
SEC. 235. SPECIAL USE DISTRICTS.
SEC. 236. [REPEALED.]
SEC. 237. AUTOMOTIVE SPECIAL USE DISTRICT.
SEC. 238. NOB HILL SPECIAL USE DISTRICT.
SEC. 239. WASHINGTON-BROADWAY SPECIAL USE DISTRICT.
SEC. 240. WATERFRONT SPECIAL USE DISTRICT.
SEC. 241. DOLORES HEIGHTS SPECIAL USE DISTRICT.
SEC. 242. BERNAL HEIGHTS SPECIAL USE DISTRICT.
SEC. 243. VAN NESS SPECIAL USE DISTRICT.
SEC. 244. RESIDENTIAL CHARACTER DISTRICTS.
SEC. 244.1. WESTWOOD PARK RESIDENTIAL CHARACTER DISTRICT.
SEC. 247. DOWNTOWN SUPPORT OPEN SPACE DEMONSTRATION SPECIAL USE DISTRICT.
SEC. 248. TRANSIT CENTER C-3-O(SD) COMMERCIAL SPECIAL USE DISTRICT.
SEC. 249.1. FOLSOM AND MAIN RESIDENTIAL/COMMERCIAL SPECIAL USE DISTRICT.
SEC. 249.2. THE VILLAGE SPECIAL USE DISTRICT.
SEC. 249.3. OCEANVIEW LARGE RESIDENCE SPECIAL USE DISTRICT.
SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.
SEC. 249.6. SOUTH OF MARKET HALL OF JUSTICE LEGAL SERVICES SPECIAL USE DISTRICT.
SEC. 249.8. [ NON-PROFIT ARTS EDUCATION SPECIAL USE].
SEC. 249.9. STONESTOWN SPECIAL USE DISTRICT.
SEC. 249.12. 1500 MISSION STREET SPECIAL USE DISTRICT.
SEC. 249.13. GEARY BOULEVARD/DIVISADERO STREET SPECIAL USE DISTRICT.
SEC. 249.14. THIRD STREET SPECIAL USE DISTRICT.
SEC. 249.15. MISSION AND 9TH STREET SPECIAL USE DISTRICT.
SEC. 249.16. OAKDALE AVENUE AND QUINT STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.17. THIRD STREET AND ARMSTRONG AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.18. NORTHEAST CHINA BASIN SPECIAL USE DISTRICT.
SEC. 249.19. NEW ASIA SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.20. GEARY-MASONIC SPECIAL USE DISTRICT.
SEC. 249.21. CALIFORNIA STREET AND PRESIDIO AVENUE - COMMUNITY CENTER SPECIAL USE DISTRICT.
SEC. 249.22. [REPEALED.]
SEC. 249.23. FOURTH AND FREELON STREETS SPECIAL USE DISTRICT.
SEC. 249.24. HAIGHT STREET SENIOR AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT.
SEC. 249.26. [REPEALED.]
SEC. 249.27. ALABAMA AND 18TH STREETS AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.28. TRANSBAY C-3 SPECIAL USE DISTRICT.
SEC. 249.30. THIRD STREET AND OAKDALE AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.31. JAPANTOWN SPECIAL USE DISTRICT.
SEC. 249.32. LAGUNA, HAIGHT, BUCHANAN AND HERMANN STREETS SPECIAL USE DISTRICT.
SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT.
SEC. 249.34. TRINITY PLAZA SPECIAL USE DISTRICT.
SEC. 249.35. FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT.
SEC. 249.35A. FULTON STREET GROCERY STORE SPECIAL USE DISTRICT.
SEC. 249.35B. DESIGN AND DEVELOPMENT SPECIAL USE DISTRICT.
SEC. 249.36. [REPEALED.]
SEC. 249.37. INNOVATIVE INDUSTRIES SPECIAL USE DISTRICT.
SEC. 249.38. SOMA YOUTH AND FAMILY SPECIAL USE DISTRICT.
SEC. 249.39. WESTERN SOMA SPECIAL USE DISTRICT.
SEC. 249.40. POTRERO CENTER MIXED-USE SPECIAL USE DISTRICT.
SEC. 249.40A. [REDESIGNATED.]
SEC. 249.41. 901 BUSH STREET SPECIAL USE DISTRICT.
SEC. 249.41A. [REPEALED.]
SEC. 249.42. INDIA BASIN INDUSTRIAL PARK SPECIAL USE DISTRICT.
SEC. 249.43. THIRD STREET AND LE CONTE AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.44. HUNTERS VIEW SPECIAL USE DISTRICT.
SEC. 249.45. VISITACION VALLEY/SCHLAGE LOCK SPECIAL USE DISTRICT.
SEC. 249.46. VETERANS COMMON SPECIAL USE DISTRICT.
SEC. 249.47. 1500 PAGE STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.49. TELEGRAPH HILL - NORTH BEACH RESIDENTIAL SPECIAL USE DISTRICT.
SEC. 249.50. CANDLESTICK POINT ACTIVITY NODE SPECIAL USE DISTRICT.
SEC. 249.51. HUNTERS POINT SHIPYARD PHASE 2 SPECIAL USE DISTRICT.
SEC. 249.52. TREASURE ISLAND/YERBA BUENA ISLAND SPECIAL USE DISTRICT.
SEC. 249.53. PRESIDIO-SUTTER SPECIAL USE DISTRICT.
SEC. 249.54. EXECUTIVE PARK SPECIAL USE DISTRICT.
SEC. 249.55. LOMBARD AND SCOTT STREET AFFORDABLE GROUP HOUSING SPECIAL USE DISTRICT.
SEC. 249.59. CALLE 24 SPECIAL USE DISTRICT.
SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT.
SEC. 249.61. 17TH AND RHODE ISLAND STREET GROCERY STORE SPECIAL USE SUBDISTRICT.
SEC. 249.62. THIRD STREET ALCOHOL RESTRICTED USE DISTRICT.
SEC. 249.63. CAYUGA/ALEMANY SPECIAL USE DISTRICT.
SEC. 249.64. PARKMERCED SPECIAL USE DISTRICT.
SEC. 249.65. BAYSHORE BOULEVARD HOME IMPROVEMENT SPECIAL USE DISTRICT.
SEC. 249.66. CHINATOWN TRANSIT STATION SPECIAL USE DISTRICT.
SEC. 249.67. ART & DESIGN EDUCATIONAL SPECIAL USE DISTRICT.
SEC. 249.68. CESAR CHAVEZ/VALENCIA STREETS MEDICAL USE SPECIAL USE DISTRICT.
SEC. 249.69. CHINESE HOSPITAL SPECIAL USE DISTRICT.
SEC. 249.71. YERBA BUENA CENTER MIXED-USE SPECIAL USE DISTRICT.
SEC. 249.73. JEWISH HOME OF SAN FRANCISCO SPECIAL USE DISTRICT.
SEC. 249.74. FIFTH AND MISSION SPECIAL USE DISTRICT.
SEC. 249.75. SUNNYDALE HOPE SF SPECIAL USE DISTRICT.
SEC. 249.76. POTRERO HOPE SF SPECIAL USE DISTRICT.
SEC. 249.77. CORONA HEIGHTS LARGE RESIDENCE SPECIAL USE DISTRICT.
SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT.
SEC. 249.79. PIER 70 SPECIAL USE DISTRICT.
SEC. 249.80. MISSION ROCK SPECIAL USE DISTRICT.
SEC. 249.81. 1629 MARKET STREET SPECIAL USE DISTRICT.
SEC. 249.82. 430 29TH AVENUE SPECIAL USE DISTRICT.
SEC. 249.84. INDIA BASIN SPECIAL USE DISTRICT.
SEC. 249.85. 1550 EVANS AVENUE SPECIAL USE DISTRICT.
SEC. 249.86. 3333 CALIFORNIA STREET SPECIAL USE DISTRICT.
SEC. 249.87. POTRERO POWER STATION SPECIAL USE DISTRICT.
SEC. 249.88. BAYVIEW INDUSTRIAL TRIANGLE CANNABIS RESTRICTED USE DISTRICT.
SEC. 249.89. 2000 MARIN STREET SPECIAL USE DISTRICT.
SEC. 249.90. BALBOA RESERVOIR SPECIAL USE DISTRICT.
SEC. 249.91. 2500-2530 18TH STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.
SEC. 249.92. CENTRAL NEIGHBORHOODS LARGE RESIDENCE SPECIAL USE DISTRICT.
SEC. 249.93. GROUP HOUSING SPECIAL USE DISTRICT.
SEC. 249.94. FAMILY AND SENIOR HOUSING OPPORTUNITY SPECIAL USE DISTRICT.
SEC. 249.95. 900 KEARNY STREET SPECIAL USE DISTRICT.
SEC. 249.96. WAWONA STREET AND 45TH AVENUE CULTURAL CENTER SPECIAL USE DISTRICT.
SEC. 249.97. PRIORITY EQUITY GEOGRAPHIES SPECIAL USE DISTRICT.
SEC. 249.98. POTRERO YARD SPECIAL USE DISTRICT.
ARTICLE 2.5: HEIGHT AND BULK DISTRICTS
ARTICLE 3: ZONING PROCEDURES
ARTICLE 3.5: FEES
ARTICLE 4: DEVELOPMENT IMPACT FEES AND PROJECT REQUIREMENTS THAT AUTHORIZE THE PAYMENT OF IN-LIEU FEES
ARTICLE 6: SIGNS
ARTICLE 7: NEIGHBORHOOD COMMERCIAL DISTRICTS
ARTICLE 8: MIXED USE DISTRICTS
ARTICLE 9: MISSION BAY DISTRICTS
ARTICLE 10: PRESERVATION OF HISTORICAL ARCHITECTURAL AND AESTHETIC LANDMARKS
ARTICLE 11: PRESERVATION OF BUILDINGS AND DISTRICTS OF ARCHITECTURAL, HISTORICAL, AND AESTHETIC IMPORTANCE IN THE C-3 DISTRICTS
ARTICLE 12: [RESERVED]
PLANNING CODE - INTERPRETATIONS
ZONING MAPS
References to Ordinances
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 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33K: [EXPIRED]
ARTICLE 33L: [EXPIRED]
ARTICLE 33M: [EXPIRED]
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 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: VEHICLE SIDESHOWS
ARTICLE 57: SUPERMARKET CLOSURE ORDINANCE
ARTICLE 58: TENDERLOIN RETAIL ESTABLISHMENT PILOT PROGRAM
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
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SEC. 249.30. THIRD STREET AND OAKDALE AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.
   In order to provide for affordable rental and or ownership opportunities for very low, lower, and/or moderate income households, there shall be a Third Street and Oakdale Avenue Affordable Housing Special Use District at 4800 Third Street located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, consisting of Lot 45 of Assessor's Block 5322, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:
   (a)   Any developer of housing who agrees to construct at least 1) 20% of the total units of a housing development for lower income households; or 2) 10% of the total units of a housing development for very low income households; or 3) 20% of the total units in a condominium project for persons and families of moderate income shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.
   (b)   For purposes of this Section, the following definitions shall apply:
      (1)   "Density bonus" shall mean a density increase of at least 29% over the otherwise maximum allowable residential density under the applicable zoning ordinance (one unit per 600 square feet of lot area), which is equivalent to an additional 4 units over the currently permitted 14 units.
      (2)   "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of very low, low, or moderate income.
      (3)   "Housing development" shall mean five or more dwelling units.
      (4)   "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.
      (5)   "Very low income households" is defined in Health and Safety Code Section 50105.
      (6)   "Persons and families of moderate income" is defined in Section 1351 of the Civil Code.
   (c)   In this special use district all of the provisions of this Code applicable to residential development in an NC-3 Zoning District shall continue to apply, except as specifically provided in Subsection (d).
   (d)   In this special use district a modification to, exception from, or variance from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval and a zoning variance for a housing development subject to this Section may modify or grant the following modifications, exceptions, or variances to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code or that the variance satisfies the criteria of Section 305 of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.
      (1)   A modification of or exception to the off-street parking requirements of Section 151 of this Code to allow a reduction in the number of required parking spaces to 11 spaces; and;
      (2)   A modification of or exception to the rear yard requirements of Section 134 of this Code to allow a rear yard in the form of an inner court.
   (e)   In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.
   (f)   In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008 the controls of this Section 249.30 shall expire on January 1, 2009.
(Ord. 37-06, File No. 051563, App. 3/10/2006)
SEC. 249.31. JAPANTOWN SPECIAL USE DISTRICT.
   A Special Use District entitled "Japantown Special Use District," the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco is hereby established for the purposes set forth below.
   (a)   Purposes. In order to maintain the cultural and historic integrity and neighborhood character of Japantown, the Japantown Special Use District is established to:
      (1)   Preserve and develop Japantown as a viable neighborhood by revitalizing its commercial, recreational, cultural, and spiritual identity as a local, regional, statewide, national, and international resource;
      (2)   Enhance the distinctive image and unique character of Japantown to passing motorists, transit riders, and pedestrians through architectural design, streetscape enhancements, signage, and other elements of the built environment;
      (3)   Strengthen and support Japantown's identity through recognition of its planning subdistricts including the Geary Boulevard corridor; Japantown Center; Post Street commercial core; Sutter Street community/cultural core; Buchanan Mall; Fillmore Street corridor; and surrounding residential districts; and
      (4)   Encourage the representational expression of Japanese architectural design and aesthetic for commercial, cultural, and institutional uses.
   (b)   Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within such Special Use District:
      (1)   Conditional Use Authorization. The following activities, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303.
         (A)   Use Size. The establishment of a new use or any change in use in excess of 4,000 gross square feet.
         (B)   Merger. The merger of one or more existing uses into a use in excess of 2,500 gross square feet.
      (2)   For any use subject to conditional use authorization and for any activity that the Planning Commission considers under its discretionary review power, the Planning Commission shall make the following additional findings:
         (A)   The use is not incompatible with the cultural and historic integrity, neighborhood character, development pattern, and design aesthetic of the Special Use District; and
         (B)   The use supports one or more of the purposes for establishing the Japantown Special Use District.
      (3)   Notice. Any change in use or establishment of a new use in the neighborhood commercial zones within this Special Use District shall require notice pursuant to section 312 and shall include a posted notice. Posted notice shall be in locations that the Zoning Administrator designates. Said locations shall be easily visible to members of the public and shall be posted, at a minimum, on Geary Boulevard, Post Street, and Webster Street, Fillmore Street, or Laguna Street.
(Ord. 180-06, File No. 060266, App. 7/14/2006; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Reference amended in division (b)(1)(iii); Ord. 235-14 , Eff. 12/26/2014. Introductory paragraph amended; former division (b)(1)(iii) deleted; remaining subdivisions in divisions (b)(1) and (b)(2) redesignated; division (b)(3) amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 249.32. LAGUNA, HAIGHT, BUCHANAN AND HERMANN STREETS SPECIAL USE DISTRICT.
   (a)   Purpose. In order to facilitate the development of a mixed-use project including affordable and market-rate rental and ownership dwelling units, affordable senior dwelling units welcoming to the lesbian, gay, bisexual and transgender (LGBT) senior community, community facilities, open space and retail services generally consistent with the policies of the Market and Octavia Area Plan, approved by the Board of Supervisors on October 24, 2007 (the "Area Plan"), there shall be the Laguna, Haight, Buchanan and. Hermann Streets Special Use District, applicable to the two RM-3 and NC-3 zoned blocks bounded by Laguna, Haight, Buchanan and Hermann Streets, consisting of Assessor's Blocks 857 and portions of Assessor's Block 870. The following provisions shall apply within the Special Use District:
   (b)   Applicability. The provisions of this Special Use District shall only apply to projects which require conditional use authorization under Section 303 of this Code. In considering the appropriateness of conditional use authorization within the Special Use District, the Commission shall, in addition to the factors required by Section 303, consider the following factors:
      (1)   Parking. Consistent with the Area Plan, there shall be no minimum number of off-street parking spaces required for any use within the Special Use District. There shall be no more than 0.75 off-street parking space per unit, including dwelling units, senior dwelling units, which parking spaces may be located anywhere in the Special Use District. In addition, up to 51 replacement parking spaces may be provided in the Special Use District for the existing dental clinic located on Assessor's Block 870, Lot 3, provided that 15 of such spaces should be subject to a parking rate structure to encourage short-term use, and that the Project Sponsor AF Evans, or its successor, should use good faith efforts to agree with the owner of the dental clinic that any after tax revenue from such parking spaces should be used to support the indoor community facility; and provided that the owner of the dental clinic, within five years from the effective date of this ordinance, submits a plan consistent with Section 304.5 of this Code, for reuse of the dental clinic. The minimum number of parking spaces required for any commercial or community facility use set forth in Section 151 of this Code shall instead be the maximum number of spaces that can be provided for such commercial and community facility uses.
      (2)   Off-Street Parking Standards. The off-street parking standards for both residential and non-residential parking spaces set forth in the Area Plan shall be generally applied, including that: (A) no more than 20 feet per block frontage of any building may be devoted to off-street parking ingress and egress, and such ingress and egress is not located on a Transit Preferential Street, Citywide Pedestrian Network or designated Neighborhood Commercial Street where an alternative frontage exists; (B) off-street parking at or above the ground floor be set back at least 25 feet from any street exceeding a width of 30 feet and that active uses be provided along such street frontages within the required setback; (C) vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; (D) accommodating off-street parking does not degrade the overall urban design quality of the project; (E) parking does not diminish the quality and viability of existing or planned streetscape enhancements; (F) for residential projects of 50 units or more, all residential accessory parking in excess of 0.5 spaces per unit is stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that reduces space used for parking and maneuvering, maximizes other uses, and discourages the use of vehicles for commuting for daily errands; (G) projects that provide 10 or more spaces for non-residential uses dedicate 5 percent of those spaces, rounded down, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other cooperative auto programs; (H) retail uses larger than 20,000 square feet which sell merchandise that is bulky or difficult to carry by hand or by public transit offer door-to-door delivery services and/or shuttle service; (I) car-share parking spaces be offered in at least the minimum amounts set forth in Planning Code 166; (J) accessory non-residential parking spaces be available to the general public from the hours of 7:00 p.m. to 7:00 a.m. Monday through Friday, and at all times on Saturday and Sunday; and (K) parking spaces be leased or sold separately from the rental or purchase price of units.
      (3)   Loading. The minimum number of loading spaces required for any use as set forth in Section 152 of this Code shall instead be the maximum number of spaces that can be provided.
      (4)   Residential Density. The base residential density limits of the underlying zoning as set forth in the Zoning Control Table for the district in which the lot is located shall apply. For a project that exceeds those base density limits through a Section 304 planned unit development authorization, the policy of the Area Plan that 40 percent of on-site family units be two or more bedroom units shall apply.
      (5)   Impact Fees or In-Kind Provision of Community Infrastructure. The Planning Commission shall consider imposition of a community infrastructure impact fees or accept in lieu the in kind provision of community infrastructure improvements generally consistent with the priorities set forth in the Area Plan, including publicly accessible open space in excess of the residential open space requirements of this Code and an indoor community facility, of a value comparable to the Area Plan policies. In the event the Planning Commission does not accept in lieu the in kind provision of publicly accessible open space in excess of the residential open space requirements of this Code or an indoor community facility, such in kind open space and community facilities shall not otherwise be required to be provided by a project in the Special Use District. Should impact fees, rather than in kind provision of infrastructure improvements, be provided in whole or part, such fees shall be deposited in the Market & Octavia Community Improvements Fund as proposed to be established by the Area Plan. Fees deposited in the Market & Octavia Community Improvements Fund, as proposed to be established by the Area Plan, may be used to support the indoor community facility.
   (c)   Affordable Housing. Should the percentage of family and senior dwelling units in a project in the Special Use District proposed to be affordable to households of low- or moderate-income meet or exceed 35 percent of the total number of Dwelling Units in the project, the proposed amendments to Section 315.4(a)(1)(A), which can be found in Board of Supervisors File Nos. 071156 and 080255, imposing an additional affordable housing fee in the Market and Octavia Plan Area, shall not apply.
   (d)   Waller Street. The project sponsor shall gain approval for the use of Waller Street from the Board of Supervisors prior to issuance of a building or site permit.
   (e)   Expiration. If a site or building permit has not been issued and construction commenced on the mixed-use project described above, the provisions of this Special Use District shall expire five years from the effective date of this legislation.
(Added by Ord. 68-08, File No. 071002, App. 4/17/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (b)(2) and (b)(4) amended; Ord. 22-15, Eff. 3/22/2015.
SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT.
   (a)   Purpose. There shall be a Van Ness & Market Residential Special Use District, which is comprised of the parcels zoned C-3-G in the Market Octavia Better Neighborhoods Plan area, and whose boundaries are designated on Sectional Map Nos. SU02 and SU07 of the Zoning Map of the City and County of San Francisco. This District is generally comprised of parcels focused at the intersections of Van Ness Avenue at Market Street and South Van Ness Avenue at Mission Street, along with parcels on both sides of Market and Mission Streets between 9th and Division Streets. This District is intended to be a transit-oriented, high-density neighborhood with a significant residential presence and a mix of neighborhood-serving uses. New development and major expansions must be predominantly residential. Other non-residential uses that are allowed and encouraged, include arts, institutional, and retail uses. Retail controls allow for smaller retail use sizes in order to emphasize neighborhood-serving character. These uses compliment the transit rich infrastructure in the area, which includes the Van Ness MUNI Metro Station and the intersection of several major transit corridors including Van Ness, Market Street, Mission Street and other major bus lines. This area is encouraged to transition from largely a back-office and warehouse support function to downtown into a more mixed-use residential district, and serves as a transition zone to the lower scale residential and neighborhood commercial areas to the west of the C-3. A notable amount of large citywide commercial and office activity will remain in the area, including government offices supporting the Civic Center and City Hall. This area was initially identified in the Downtown Plan of the General Plan as an area to encourage housing adjacent to the downtown. As part of the city’s Better Neighborhoods Program, this concept was fully articulated in the Market and Octavia Area Plan, and is described therein.
   (b)   Use Controls. 
      (1)   Non-residential Uses. For newly-constructed buildings or additions which exceed 20 percent or more of an existing structure’s Gross Floor Area, at least three occupied square feet of Residential Use shall be provided for each occupied square foot of Non-Residential Use. In order to accommodate local government office uses near City Hall, publicly-owned or leased buildings or lots are exempted from the requirements of this subsection. Replacement of existing office uses on the same parcel and other Public Facility and Art Activities, as defined in Section 102, are exempt from the requirements of this subsection (b)(1).
      (2)   Residential Density. There shall be no density limit for Residential Uses by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Market & Octavia Area Plan Fundamental Principles for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply.
      (3)   Residential Affordable Housing Program. All projects in this District shall be subject to all the terms of Section 415 et seq. of the Inclusionary Affordable Housing Program. Notwithstanding the foregoing, projects within the Van Ness & Market Residential Special Use District shall at a minimum fulfill the requirements to the levels specified in this section. Should Section 415 require greater contributions to the affordable housing program, those requirements shall supersede this section. Proposed exceptions to these requirements due to hardships associated with construction type, specifically heights above 120 feet, are not applicable in this Special Use District because parcels are receiving an up zoning through increased density and benefits through the general transformation of the district to a transit oriented neighborhood with a mixed use character. Requirements and administration of this program shall follow the conditions outlined in Section 415 et seq. of this Code unless otherwise specified in this Section.
         (A)   Payment of Affordable Housing Fee. Except as provided in Section 415.5(g) of this Code, all development projects subject to Section 415 et seq. in the Van Ness Market Special Use District shall be required to pay an Affordable Housing Fee under Section 415.5 equivalent to 20 percent of the number of units in the principal project.
         (B)   Alternatives to Payment of Affordable Housing Fee. If a project sponsor both qualifies for and chooses to meet the requirements through an Alternative to the Program, the project sponsor may choose one of the Alternatives in Section 415.5(g).
            (i)   On Site Housing Requirements and Benefits. For projects that qualify for and choose to fulfill the requirements of Section 415 through the provision of onsite housing, the Planning Department shall require that 12 percent of all units constructed on the project site shall be affordable to qualifying households so that a project applicant must construct .12 times the total number of units produced in the principal project. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above.
            (ii)   Compliance Through Off-Site Housing Development. For projects that qualify for and choose to fulfill the requirements of Section 415 through the provision of off-site housing, the Planning Department shall require that 20 percent of all units constructed on the project site shall be affordable to qualifying households so that a project applicant must construct .20 times the total number of units produced in the principal project. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above.
      (4)   Open Space Provider. The off-site open space permitted by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (A) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (B) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (C) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy.
         (A)   Off-Site Provision of Required Open Space. Up to 40 percent of usable open space required by Sections 135 and 138 may be provided off-site if it is within the SUD or within 900 feet of the project site and meets the standards described below for publicly accessible open space described below.
         (B)   Publicly-Accessible Open Space Standards. 
            (i)   Open Space Types. Open space must be of one or more of the following types:
               a.   An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas according to the Market & Octavia Area Plan;
               b.   An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the floor area devoted to food or beverage service;
               c.   An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code;
               d.   A terrace or roof garden with landscaping;
               e.   Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width and conform to the Market & Octavia Area Plan, such as sidewalk widening or building setbacks; and
               f.   Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by this Code, in accordance with the Market & Octavia Area Plan.
            (ii)   Open space must meet the following standards: 
               a.   Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public;
               b.   Be appropriately landscaped;
               c.   Be protected from uncomfortable winds;
               d.   Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area;
               e.   Be well signed and accessible to the public during daylight hours;
               f.   Be well lighted if the area is of the type requiring artificial illumination;
               g.   Be designed to enhance user safety and security;
               h.   Be of sufficient size to be attractive and practical for its intended use; and
               (i)1   Have access to drinking water and toilets if feasible.
         (C)   Maintenance. Open spaces shall be maintained at no public expense, except as might be provided for by any community facilities district that may be formed. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 of this Code.
         (D)   Informational Plaque. Prior to issuance of a permit of occupancy, a plaque of no less than 24 inches by 36 inches in size shall be placed in a publicly conspicuous location outside the building at street level, or at the site of any publicly-accessible open space, identifying said open space feature and its location, stating the right of the public to use the space and the hours of use, describing its principal required features (e.g., number of seats, availability of food service) and stating the name and address of the owner or owner's agent responsible for maintenance.
         (E)   Hold Harmless Requirement.  The Zoning Administrator shall have authority to require a property owner to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space.
      (5)   Lot Coverage. The rear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all levels containing a dwelling unit or group housing bedroom. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards per Section 136(c) of this Code. Exceptions to the 20 percent open area may be granted pursuant to the procedures of Section 309.
      (6)   Floor Area Ratio. 
         (A)   The maximum FAR allowed, except as allowed in this Section, shall be that described in Section 123(c), provided that it shall not be greater than 9:1. The definition of Gross Floor Area shall be that in Section 102 as of the date of approval of this Section 249.33, and shall include all Residential uses. The provisions of Section 124(g) of this Code shall not apply in this special use district.
         (B)   Floor Area Bonus Permitted for Public Improvements or In-lieu Contributions to the Van Ness and Market Neighborhood Infrastructure Fund and In lieu Contributions to the Citywide Affordable Housing Fund.
            (i)   The Gross Floor Area of a structure or structures on a lot may exceed the maximum ratio described in Section 123(c) of this Code through participation in the Van Ness and Market Affordable Housing and Neighborhood Infrastructure Program, according to the procedures described in Section 424.
            (ii)   Notwithstanding the provisions of Sections 127 and 128 of this Code projects in this Special Use District are not eligible to acquire Transferable Development Rights from a Transfer Lot or Lots pursuant to the provisions of Sections 127 and 128 for that increment of FAR above the base FAR limit in Section 124 up to the maximum FAR described in Section 123(c). Instead, a project may pay to the City's Citywide Affordable Housing Fund thirty dollars ($30) per additional gross square foot for that increment of FAR above the base FAR limit in Section 124 up to the maximum FAR described in Section 123(c). Any monies deposited into the Citywide Affordable Housing Fund shall be administered as provided for in Section 415 et seq.
      (7)   Retail Use Size. Retail Uses shall be principally permitted up to 5,999 gross square feet and conditionally permitted if 6,000 gross square feet and above.
      (8)   Formula Retail. Formula Retail Uses, as defined in Section 102, shall require a Conditional Use Authorization as set forth in Section 303.1.
      (9)   Micro-Retail. “Micro-Retail” shall mean a Retail Use, other than a Formula Retail Use, measuring no less than 100 gross square feet, no greater than 1,000 gross square feet and a 10 foot minimum depth from the front façade.
         (A)   Applicability. Micro-Retail controls shall apply to projects with new construction or alterations to greater than 50% of an existing building if located on a lot of at least 20,000 square feet.
         (B)   Controls.
            (i)   Amount. Applicable development projects shall have at least one Micro-Retail unit for every 20,000 gross square feet of lot area, rounded to the nearest unit.
            (ii)   Location and Design. All Micro-Retail units shall be on the ground floor, independently and directly accessed from a public right-of-way or a publicly-accessible open space, and designed to be accessed and operated independently from other spaces or uses on the subject property. For projects adjacent to Privately Owned Publicly Accessible Open Spaces, free standing kiosks are allowed to meet this requirement through Planning Commission approval through a 309 exception.
            (iii)   Exemption. Any projects providing ground floor uses that are larger than 1,000 gross square feet and defined as Arts Activities, Child Care Facility, Community Facility, Public Facility, School or Social Service are exempt from the Micro-Retail requirement.
            (iv)   Exceptions. Exceptions to the micro-retail requirement may be granted pursuant to the procedures of Section 309.
      (10)   Accessory Parking. For projects that provide 25% or more on-site affordable housing units as defined in Section 415, accessory non-residential parking may be used jointly as accessory residential parking for residential uses within the same project, so long as the following criteria is met:
         (A)   the total number of independently accessible parking stalls (whether residential or non-residential) provided in such project shall not exceed the sum of the maximum amount of accessory residential and accessory non-residential parking spaces permitted by the Planning Code, and;
         (B)   the total number of parking spaces used as residential accessory parking shall not exceed 0.4 spaces per each Dwelling Unit.
      (11)   Cannabis-Related Land Uses. All cannabis-related uses, which includes Cannabis Retail (Retail Sales and Service Category), Medical Cannabis Dispensary, Industrial Agriculture, Agriculture and Beverage Processing 2, Light Manufacturing, Laboratory, Wholesale, or Parcel Delivery Service, as defined in Section 102 shall follow the land use controls of the NCT-3 Moderate-Scale Neighborhood Commercial Transit District, Section 752 of this Code.
      (12)   Living Roofs and Living Walls.
         (A)   Definitions. For the purpose of this subsection (b)(12), all terms shall be as defined in Sections 102 and 149.
         (B)   Applicability. The requirements of this subsection (b)(12) shall apply to any building and development project that meet all of the following criteria:
            (i)   The development project lot size is 5,000 square feet or larger;
            (ii)   The building constitutes a Large Development Project or Small Development Project under the Stormwater Management Ordinance (Public Works Code Sections 147-147.6); and
            (iii)   The building height is 120 feet or less.
         (C)   Requirements.
            (i)   Notwithstanding the requirements of Section 149, at least thirty percent of the roof area shall be covered by one or more Living Roofs.
            (ii)   The Living Roof shall be considered in determining compliance with the Stormwater Management Ordinance.
            (iii)   The Planning Department, after consulting with the Public Utilities Commission and the Department of the Environment, shall adopt rules and regulations to implement this subsection (b)(12) and shall coordinate with those departments to ensure compliance with the Stormwater Management Ordinance.
            (iv)   Projects that consist of multiple buildings may choose to locate the Living Roofs required in subsection (b)(12)(B)(i) on any rooftops within the subject project site, including on buildings that are not subject to these requirements, provided that the project as a whole provides the square footage of Living Roofs required by subsection (b)(12)(B)(i).
            (v)   Project sponsors are encouraged to incorporate vertical living walls on building facades, composed of climate-appropriate, native, and non-invasive plantings.
         (D)   Waiver. If the project sponsor demonstrates to the Zoning Administrator’s satisfaction that it is physically infeasible to meet the Living Roof requirements that apply to the project, the Zoning Administrator may, in their sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), reduce the requirement stated in subsection (b)(12)(B)(i) to what is required under Section 149.
      (13)   Option for In-Kind Provision of Transportation Sustainability Fee. Notwithstanding the requirements of Planning Code section 411A et seq., Development projects in this District may propose to provide transportation improvements to the City directly. In such a case, the City, at its sole discretion, may enter into an In-Kind Improvements Agreement with the sponsor of such project and issue a fee waiver for the TSF from the Municipal Transportation Agency Board of Directors (the “MTA” and the “MTA Board,” respectively), subject to the following rules and requirements:
         (A)   Approval criteria. The City shall not enter into an In-Kind Improvements Agreement unless the proposed in-kind improvements meet an identified community need and where they substitute for improvements that could be provided by the TSF Expenditure Program (as described in Section 411A.6). No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.
         (B)   Valuation. The Director of Transportation, in consultation with the Director of Planning, shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the development project shall provide the Planning Department and MTA with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates, provided it is indexed to current cost of construction.
         (C)   Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:
            (i)   A description of the type and timeline of the proposed in-kind improvements;
            (ii)   The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above; and
            (iii)   The legal remedies in the case of failure by the development project to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.
         (D)   Approval Process. The MTA Board, with the advice of the Director of Planning and the Director of Transportation, must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Transportation is authorized to execute the Agreement on behalf of the City. If the MTA Board approves the In-Kind Agreement, it shall waive the amount of the TSF by the value of the proposed In-Kind Improvements Agreement, as determined by the Director of Transportation and the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required TSF.
         (E)   Administrative Costs. Development projects that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.
      (14)   Option for Provision of Affordable Housing Fees. Development projects in this District may pay the affordable housing fees required under sections 416 and 424 by choosing any of the alternatives set forth in Section 415.5(g), upon approval by the Planning Director and the Director of the Mayor’s Office of Housing and Community Development of the methodology to calculate the equivalency of the fees required under sections 416 and 424 to the alternatives set forth in Section 415.5(g). The Planning Department, in consultation with the Mayor’s Office of Housing and Community Development, is authorized to prepare rules or regulations to establish this methodology, and to bring those rules or regulations to the Planning Commission for inclusion in the Procedures Manual, as set forth in Section 415. Nothing in this subsection shall be interpreted to change any obligations established by contract with the City.
      (15)   Option for Income Levels of Affordable Units. Notwithstanding the provisions of Section 415.6(h), a project may use California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC) to help fund its obligations under Section 415.1 et seq. as long as the project provides 20% of the units as affordable to households at 50% of Area Median Income for on-site housing, or 10% of the units as affordable to households at 50% of Area Median Income and 30% of the units as affordable to households at 60% of Area Median Income for on-site housing. The income table to be used for such projects when the units are priced at 50% or 60% of Area Median Income is the income table used by MOHCD for the Inclusionary Affordable Housing Program, not that used by TCAC or CDLAC. Except as provided in this subsection (b)(15), all units provided under this Section must meet all of the requirements of Section 415.1 et seq. and the Procedures Manual for on-site housing, except that the requirement to provide moderate- and middle-income units under in Section 415.6(a) may be replaced with low income affordable units that satisfy TCAC requirements for 4% tax credits. If the number of affordable units required by Section 415.6 exceeds the number of affordable units required to use 4% tax credits, the project shall comply with higher requirement under Section 415.6 and the additional Inclusionary obligation above the tax credit units may be met by providing on-site affordable units equally distributed between moderate- and middle-income households as defined in Section 415.6.
      (16)   Option for Dedication of Land.
         (A)   Development projects in this District may opt to fulfill the Inclusionary Housing requirement of Section 415 through the Land Dedication alternative contained in Section 419.6. The Land Dedication alternative is available for development projects within the District under the same terms and conditions as provided for in Section 419.5(a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development project site, as determined by the Planning Department. Any dedicated land shall be at least partly located within one mile of the boundaries of either the Market and Octavia Plan Area or the Upper Market NCT District.
         (B)   Notwithstanding the requirements of Section 419.5(a)(2)(H), development projects dedicating land shall obtain the required letter from the Mayor’s Office of Housing and Community Development verifying acceptance of the dedicated land no later than 180 days following Planning Commission or Planning Department approval of the development project. The Director of the Mayor’s Office of Housing and Community Development may waive application of Section 419.5(a)(2)(G).
         (C)   Development projects that elect to dedicate land pursuant to this subsection (b)(16) may be eligible for a waiver against all or a portion of their affordable housing fees under Sections 416 and 424 if the Planning Director determines that the land acquisition costs for the dedicated land exceed the development project’s obligations under the fee option of Section 415. The Planning Director, in consultation with the Director of the Mayor’s Office of Housing and Community Development and the Director of Property, shall calculate the waiver amount based on actual commercially reasonable costs to acquire the dedicated land. If the Director of the Mayor’s Office of Housing and Community Development requests that the land dedication occur before the First Construction Document for the development project, the waiver amount shall be increased by the reasonable value of the City’s early use of the dedicated land.
      (17)   Required Minimum Dwelling Unit Mix. Development projects in this District shall comply with Section 207.6.
      (18)   Active Uses. For purposes of this section 249.33, Arts Activities and Institutional Community Uses are considered to be “active uses,” as defined in Section 145.4 of this Code.
      (19)   Projects with on-site affordable housing units provided pursuant to a Purchase and Sale Agreement with the City and County of San Francisco that are in excess of the amount required by Planning Code Section 415 may deviate from the building floor distribution requirements of Section 415.6(f)(1) by up to 15%.
   (c)   In the event of a conflict between the provisions of this Section 249.33 and the provisions of Section 249.81, the 1629 Market Street Special Use District, the provisions of Section 249.81 shall control.
   (d)   In the event of a conflict between the provisions of this Section 249.33 and the provisions of Section 249.12, the 1500 Mission Street Special Use District, the provisions of Section 249.12 shall control.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 153-23, File No. 221164, App. 7/28/2023, Eff. 8/28/2023)
AMENDMENT HISTORY
Divisions (b)(3), (b)(6)(B)(i), and (b)(6)(B)(ii) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b)(3)(B)(i) and (b)(6)(B)(ii) amended; Ord. 62-13 , Eff. 5/10/2013. Divisions (a), (b)(2), (b)(4), and (b)(6)(A) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1)-(3) amended; divisions (b)(4)(C)-(C)(vi) and (b)(4)(D)-(D)(ix) redesignated as (b)(4)(B)(i)-(i)f. and (b)(4)(B)(ii)-(ii)i.; divisions (b)(4)(E)-(G) redesignated as (b)(4)(C)-(E); current divisions (b)(4)(B)(i), (b)(4)(B)(ii), (b)(4)(E), (b)(5), and (b)(6)(B)(i) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), (b)(3), and (b)(5) amended; divisions (b)(7)-(19), (c), and (d) added; Ord. 126-20, Eff. 8/31/2020. Division (b)(9)(B)(iii) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (b)(16)(A)-(C) amended; Ord. 153-23, Eff. 8/28/2023.
CODIFICATION NOTE
1.   So in Ord. 63-20.
Editor's Note:
   Ordinance 108-10 redesignated portions of this Sec. 249.33 as new Secs. 424 - 424.5.
SEC. 249.34. TRINITY PLAZA SPECIAL USE DISTRICT.
   In order to give effect to the Development Agreement for the Trinity Plaza Development Project, there shall be the Trinity Plaza Special Use District consisting of Assessor's Block 3702, Lots 039, 051, 052, and 053 and a portion of former Jessie Street between Seventh and Eighth Streets, as designated on Sectional Map No. SU01 of the City and County of San Francisco.
   (a)   Special Controls. The following controls shall apply within this Special Use District:
      (1)   Floor Area Ratio. The floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Dwellings and other residential uses.
      (2)   Shadows on Public Sidewalks. The requirement regarding sunlight to public sidewalks set forth in Section 146 shall not apply.
      (3)   Exposure of Dwelling Units. Exceptions to the provisions of Section 140 of this Code regarding dwelling unit exposure to open areas may be granted through the process set forth in Section 309 in lieu of the process set forth in Section 305. An exception to the provisions of Section 140 shall only be granted upon a determination that the proposed design provides adequate access to air and light consistent with the intent of Section 140.
   (b)   The Development Agreement for the Trinity Plaza Development Project. This Special Use District is further subject to the restrictions and controls set forth in the Development Agreement for the Trinity Plaza Development Project, recorded against the property, as amended from time to time.
(Added by Ord. 90-07, File No. 061216, App. 4/27/2007; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former division (a)(2) deleted and former divisions (a)(3) and (a)(4) redesignated as (a)(2) and (a)(3); Ord. 22-15, Eff. 3/22/2015.
SEC. 249.35. FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT.
   (a)   Findings. There are an unusually large number of establishments providing fringe financial services, including check cashing and payday lending, in the neighborhoods included in the Mission Alcoholic Beverage Special Use District, the North of Market Residential Special Use District, the Divisadero Street Alcohol Restricted Use District, the Third Street Alcohol Restricted Use District, and the Haight Street Alcohol Restricted Use Subdistrict. The unchecked proliferation of these businesses has the potential to displace other financial service providers, including charter banks, which offer a much broader range of financial services, as well as other desired commercial development in the City, which provides a broad range of neighborhood commercial goods and services.
   (b)   Establishment of the Fringe Financial Service Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the following defined areas, a noncontiguous Fringe Financial Service Restricted Use District (Fringe Financial Service RUD) is hereby established for the following properties:
      (1)   Properties in NC-1 and NCT-3 Districts, in the Broadway (Sec. 714), Castro Street (Sec. 715), Inner Clement Street (Sec. 716), Outer Clement Street (Sec. 717), Cole Valley (Sec. 742), Excelsior Outer Mission Street (Sec. 720), Fillmore Street (Sec. 747), Upper Fillmore Street (Sec. 718), Haight Street (Sec. 719), Lakeside Village (Sec. 727), North Beach (Sec. 722), Pacific Avenue (Sec. 726), Polk Street (Sec. 723), Sacramento Street (Sec. 724), Inner Sunset (Sec. 730), 24th Street – Noe Valley (Sec. 728), Union Street (Sec. 725), and West Portal Avenue (Sec. 729) Neighborhood Commercial Districts, and in the Divisadero Street (Sec. 759), Hayes-Gough (Sec. 761), Mission Street (Sec. 754), 24th Street – Mission (Sec. 763), Upper Market Street (Sec. 764), and Valencia Street (Sec. 762) Neighborhood Commercial Transit Districts;
      (2)   Properties in the Mission Alcoholic Beverage Special Use District, as described in Section 249.60 of this Code and as designated on Sectional Maps SU07 and SU08 of the Zoning Map of the City and County of San Francisco;
      (3)   Properties in the North of Market Residential Special Use District, as described in Section 249.5 of this Code and as designated on Sectional Maps SU01 and SU02 of the Zoning Map of the City and County of San Francisco;
      (4)   Properties in the Haight Street (Section 781.9) and Third Street (Section 782) Alcohol Restricted Use Districts; and
      (5)   Properties in the Chinatown Community Business (CCB) (Section 810), South Park (SPD) (Section 814), and Rincon Hill (RH-DTR) (Section 827) Districts.
   (c)   Restrictions. 
      (1)   No new fringe financial services shall be permitted as a principal or accessory use in the Fringe Financial Service RUD.
      (2)   The controls of this Section 249.35 shall also apply within a ¼ mile of the Fringe Financial Service RUD.
      (3)   Outside of the Fringe Financial Service RUD and its ¼ mile buffer, fringe financial services shall be subject to the zoning controls set forth elsewhere in this Code, provided that, in addition, no new fringe financial service shall be permitted as a principal or accessory use within ¼ mile of an existing fringe financial service.
   (d)   Exemptions. The restrictions set forth in subsection (c) above shall not be interpreted to prohibit the following:
      (1)   A nonprofit fringe financial service; or
      (2)   Any other financial service use that is not a fringe financial service. Accordingly, any applicant for a financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California, demonstrating that such financial service operates under a license of a type distinct from that issued to a "check casher" as defined in California Civil Code section 1789.31, as amended from time to time; or to a "licensee" as defined in California Financial Code section 23001(d), as amended from time to time.
   (e)   Continuation of Existing Prohibited Fringe Financial Service Uses. Any fringe financial service subject to the restrictions set forth in this Section 249.35 may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions:
      (1)   A fringe financial service lawfully existing as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of fringe financial service, so long as otherwise lawful, may continue to operate only under the following conditions:
         (A)   Except as provided in Subsection 249.35(e)(2) below, the premises shall retain the same type of fringe financial service license within a license classification; and
         (B)   Except as provided in Subsection 249.35(e)(2) below, the fringe financial service shall be operated continuously, without substantial changes in mode or character of operation.
      (2)   A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, the location of the establishment does not change, the square footage used does not increase, and the type of state license does not change:
         (A)   A change in ownership of a fringe financial service provider or a lawful transfer of a state license;
         (B)   Temporary closure for restoration or repair of an existing fringe financial service on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or
         (C)   Temporary closure of an existing fringe financial service provider for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling.
   (f)   Definitions. The following definitions shall apply to this Section 249.35.
      (1)   "Fringe Financial Service" as defined in Section 102 of this Code.
      (2)   A "nonprofit fringe financial service" shall mean a Fringe Financial Service that is exempted from payment of income tax under Section 23701(d) of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. Any such nonprofit Fringe Financial Service shall provide the Planning Department with a true copy(ies) of its income tax documentation demonstrating its exemption from payment of income tax under State and Federal Law.
   (g)   The Planning Department shall maintain information regarding the location of existing Fringe Financial Services located outside the Fringe Financial Service Restricted Use District, which information shall be presumed accurate. An applicant for a new Fringe Financial Service use may submit information to the Department to demonstrate that an existing fringe financial service use has closed or is otherwise not located within a one-quarter mile of the location of the proposed new Fringe Financial Service use.
(Added by Ord. 269-07, File No. 070671, App. 11/26/2007; amended by Ord. 75-08, File No. 071531, App. 5/9/2008; 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. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Divisions (a) and (b)(3) amended; former division (b)(6) deleted; Ord. 261-13 , Eff. 12/27/2013. Divisions (b)(1) through (5) amended; Ord. 227-14 , Eff. 12/13/2014. Divisions (b)(1) through (5) amended; Ord. 228-14 , Eff. 12/13/2014. New division (b)(1) added and former divisions (b)(1)-(3) redesignated as (b)(2)-(4); current division (b)(4) amended; former divisions (b)(4) and (b)(5) deleted; division (f)(1) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1) and (b)(4) amended; division (b)(5) added; Ord. 63-20, Eff. 5/25/2020.
SEC. 249.35A. FULTON STREET GROCERY STORE SPECIAL USE DISTRICT.
   (a)   Purpose. In order to provide for the consideration of a neighborhood-serving grocery store of moderate size in a location accessible to the Hayes Valley and Western Addition neighborhoods, there shall be a Fulton Street Grocery Store Special Use District, consisting of Lots 001 and 058 through 198, inclusive of Assessor’s Block 0794, between Laguna and Octavia Streets, as designated on Sectional Map 2SU of the Zoning Map. This Special Use District would enable the consideration of a project containing a grocery store in a district that does not permit such uses. This Special Use District would conditionally permit a grocery store that is a formula retail use, in order to allow consideration of a grocery store that is affordable to the neighborhood. This one-time lift of the ban on formula retail is intended to support an affordable grocery store that is committed to serving and hiring from the neighborhood. According to the U.S. Census Bureau’s 2017 American Community Survey, the median household income in the surrounding neighborhood is $24,041, and over one-third of residents in the neighborhood live below the poverty line.
   (b)   Definition. “Grocery Store” shall mean a retail use that provides fresh produce and other unprepared perishable food products (such as dairy, fish, grains), in addition to other general groceries, personal items, household goods, and similar goods. The term “Grocery Store” includes General Grocery and Specialty Grocery uses.
   (c)   Application. This Special Use District shall apply only to projects that meet all of the following standards:
      (1)   The project is mixed-use, with both commercial and residential uses;
      (2)   Commercial uses include a Grocery Store larger than 15,000 square feet of gross occupied floor area; and
      (3)   Residential uses achieve a density of not less than 1 unit per 600 square feet of lot area.
   (d)   Controls. The following controls apply to projects meeting the criteria of subsection (c) and to any subsequent alterations or changes of use in a building approved under this Section 249.35A.
      (1)   The controls of the Hayes-Gough NCT apply in their entirety, except as specified in this Section.
      (2)   All formula retail uses are prohibited, except for a Grocery Store, which may be permitted as a formula retail use, as defined in Section 303.1, through Conditional Use Authorization pursuant to Section 303.1. Pursuant to the Planning Code, any such formula retail Grocery Store shall be subject to all provisions of Section 303.1, including but not limited to subsection (j) of Section 303.1.
      (3)   Accessory off-street parking shall not be permitted for any commercial use except the Grocery Store.
      (4)   All subsequent changes of use shall require Conditional Use authorization from the Planning Commission. The only Non-Residential Uses that may be permitted in the space initially approved for a Grocery tore1 shall include Trade Shop and Institutional Uses, excluding Medical Cannabis Dispensaries, and Hospitals, except that General Retail Sales and Services, Pharmacy, or General or Specialty Grocery uses may be permitted.
      (5)   In addition to the standard criteria for Conditional Use authorization, as set forth in Sections 303 and, if applicable, 303.1, a project sponsor proposing a Grocery Store shall also present information about the affordability of food for the Commission’s consideration. The Commission shall consider such information, as well as whether the project sponsor can demonstrate that the proposed Grocery Store will accept payment assistance, as set forth below.
         (A)   Acceptance of Payment Assistance. The project sponsor shall describe the proposed Grocery Store’s commitment to accept payment from individuals through assistance programs including but not limited to the United States Department of Agriculture’s (USDA) Supplemental Nutritional Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other similar public assistance programs.
         (B)   Food Affordability Projection. The project sponsor shall prepare a projection of food affordability at the proposed location and submit it for review by the Planning Commission. The projection shall consist of current retail pricing for a sampling of everyday grocery items that represent all categories within the market basket of foods maintained by the USDA’s Center for Nutrition Policy and Promotion for their Official USDA Food Plans.
      (6)   Signs shall be subject to the requirements of Article 6 of this Code, except that allowable business signs for the Grocery Store shall be limited to the following:
         (A)   Window Signs. The total area of all window signs, as set forth in Section 602.1(b), shall not exceed 10% of the area of the window on or in which the signs are located. Such signs may be non-illuminated.
         (B)   Wall Signs. The total area of all wall signs shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.
         (C)   Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as set forth in Section 602.1(a), shall not exceed 24 square feet. The height of such sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75% of the horizontal distance from the street property line to the curbline, or six feet six inches, whichever is less. Such signs may be non-illuminated or indirectly illuminated.
         (D)   Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of wall signs. The area of such sign copy as set forth in Section 602.1(c) shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. Such sign copy may be non-illuminated or indirectly illuminated.
         (E)   Freestanding Signs and Sign Towers. Freestanding signs or sign towers per lot shall not be permitted.
   (e)   Effectiveness of Controls in this Special Use District. The controls of this Section 249.35A shall apply only to a Grocery Store that the Planning Commission approves pursuant to the requirements of this Section 249.35A within 5 years of the effective date of the ordinance in Board File No. 190839 amending this Section.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 4-14 , File No. 131085, App. 2/4/2014, Eff. 3/6/2014; 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; Ord. 254-19, File No. 190839, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)
AMENDMENT HISTORY
Divisions (b) and (d)(4) amended; new division (d)(5) added; division (e) amended; Ord. 4-14 , Eff. 3/6/2014. Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (d)(4) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)-(d), (d)(2)-(d)(4), and (e) amended; new divisions (d)(5)-(d)(5)(B) added; former divisions (d)(5)-(d)(5)(E) redesignated as (d)(6)-(d)(6)(E); Ord. 254-19, Eff. 12/16/2019. Division (d)(4) amended; Ord. 63-20, Eff. 5/25/2020. Division (e) amended; Ord. 136-21, Eff. 9/4/2021.
CODIFICATION NOTE
1.   So in Ord. 254-19.
Editor's Note:  
   This section originally was designated 249.34 when enacted by Ord. 72-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended multiple times under its current number, as documented in the history note above.
SEC. 249.35B. DESIGN AND DEVELOPMENT SPECIAL USE DISTRICT.
   In recognition of existing large parcels where a limitation on office square footage per lot would be proportionally inappropriate, to accommodate office space for activities that require space outside of downtown, to provide affordable office space to small firms and organizations which may be engaged in incubator businesses and microenterprises, and to accommodate office space in relation to the agglomeration of internal, telecommunications and related utility uses in the immediate area, there shall be a Design and Development Special Use District applied to certain portions of the South Basin area west of Third Street, and to parcels on Third Street near the intersections of Cargo Way, Custer Avenue, Davidson Avenue, Evans Avenue, and Egbert Avenue, as shown on Sectional Map 10 SU of the Zoning Map. The following provisions shall apply within such special use district:
   (a)   Except as described below, the specific use definitions and controls for PDR-1 and PDR-2 Districts, as detailed in the District's Zoning Control Table, shall apply to lots within this Design and Development SUD, including the accessory use provisions contained in Section 204.3 of this Code.
   (b)   Any Office use is permitted, limited to a floor area ratio of 0.25 of gross floor area to 1 square foot of lot area notwithstanding the office use size limitations of the PDR-2 District. In no case shall office use be limited to less than the size allowed in a PDR-2 District as detailed in the District's Zoning Control Table; nor shall it exceed a total of 50,000 square feet of gross floor area per lot.
   (c)   An Office use above the amount permitted in Section 249.35B(b) of this Code is permitted provided that it shall be limited to the following activities:
      (1)   design activities, including but not limited to architectural, graphic, interior, product, and industrial design;
      (2)   Business Service as defined in Section 102 of this Code;
      (3)   ancillary office activities related to internet, telecommunications, electronic networking or data storage service and maintenance;
      (4)   digital media and arts.
   (d)   For all Office use square footage greater than the amount permitted under 249.35B(b), a Notice of Special Restriction shall be executed by the Zoning Administrator and recorded in the Office of the County Recorder, specifying that the office activities are limited to the uses permitted under Planning Code Section 249.35B(c).
   (e)   For all Office use square footage greater than the amount permitted under 249.35B(b) of this Code, each individual business shall be limited to 5,000 square feet of gross floor area.
   (f)   Off-street parking spaces shall be provided in the minimum amounts as follows:
      (1)   for Office uses permitted under Section 249.35B(b), according to Table 151 of this Code;
      (2)   for office uses permitted under Section 249.35B(c), 1 space for every 2,500 square feet of occupied floor area.
(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015.
Editor's Note:  
   This section originally was designated 249.34 when enacted by Ord. 72-08 and was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended under its current number, as documented in the history note above.
SEC. 249.36. [REPEALED.]
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; 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; repealed by Ord. 202-21, File No. 210497, App. 11/12/2021, Eff. 12/13/2021)
SEC. 249.37. INNOVATIVE INDUSTRIES SPECIAL USE DISTRICT.
   (a)   Purpose. The purpose of the Innovative Industries Special Use District is to provide affordable office space to small firms and organizations which are engaged in innovative activities, including incubator businesses and microenterprises.
   (b)   Geography. The boundaries of the Innovative Industries Special Use District are shown on Sectional Map No. 8SU of the Zoning Map.
   (c)   Controls. All provisions of the Planning Code currently applicable shall continue to apply, except that:
      (1)   office uses shall be principally permitted uses on all stories above the ground story.
      (2)   retail uses shall be subject to the size controls applicable in the Urban Mixed Use District, as stated in Sec. 843.45.
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011)
AMENDMENT HISTORY
Division (b) amended; Ord. 196-11 , Eff. 11/3/2011.
SEC. 249.38. SOMA YOUTH AND FAMILY SPECIAL USE DISTRICT.
   (a)   Purpose. The South of Market (SoMa) Youth and Family Special Use District is intended to expand the provision of affordable housing in the area defined below. In addition, this zoning is intended to protect and enhance the health and environment of youth and families by adopting policies that focus on certain lower density areas of this District for the expansion of affordable housing opportunities. The findings of Planning Code Section 419.1 concerning the provision of affordable housing are incorporated herein by reference.
   (b)   Geography. The general boundaries of the SoMa Youth and Family Special Use District are Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west. The Special Use District is more particularly identified in the Zoning Map.
   (c)   Controls.
      (1)   For the entire Special Use District, all provisions of the Planning Code shall continue to apply, except for the following:
         (A)   The following uses, as defined in Section 102, shall require a Conditional Use authorization, pursuant to Section 303, unless the underlying zoning is more restrictive:
            (i)   Religious Facilities;
            (ii)   Bars;
            (iii)   Liquor Stores;
            (iv)   General Entertainment;
            (v)   Restaurants;
            (vi)   Adult Entertainment;
            (vii)   Nighttime Entertainment;
            (viii)   Movie Theaters;
            (ix)   Private Parking Lots and Public Parking Lots; and
            (x)   Private Parking Garages and Public Parking Garages.
         (B)   The Land Dedication alternative is available for any project of 55 feet or more under the same terms and conditions as provided for in Section 419 et seq.
         (C)   In addition to the controls above, the following provisions shall apply to all properties that are not tangent to the following streets: Howard Street, Harrison Street. Folsom Street, 4th, 5th, 6th and 7th Streets: Any project subject to Section 415 et seq. in excess of 45 feet in height within this Special Use District shall be subject to the Tier C affordable housing requirements of Sections 419 et seq.
(Added as 249.40A by 302-08, File No. 081333, App. 12/19/2008; amended by Ord. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
(Former Sec. 249.38 added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; repealed by Ord. 105-17, File No. 170156, App. 5/26/2017, Eff. 6/25/2017)
AMENDMENT HISTORY
Added as Sec. 249.40A; Ord. 302-08. Divisions (c)(1)(A)(ii) and (c)(1)(A)(v) amended; former division (c)(1)(A)(vi) deleted and former divisions (c)(1)(A)(vii)-(xi) redesignated as (c)(1)(A)(vi)-(x); Ord. 75-12, Eff. 5/23/2012. Divisions (a) and (c)(1)(B) amended; former divisions (c)(2) and (c)(2)(A) redesignated as (c)(1)(C) and amended; Ord. 62-13, Eff. 5/10/2013. Divisions (c)(1)(A)(ii), (c)(1)(A)(iii), and (c)(1)(A)(v) amended; Ord. 129-17, Eff. 7/30/2017. Section redesignated; divisions (c)(1)(A)-(c)(1)(A)(x) amended; Ord. 70-23, Eff. 6/3/2023.
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