SEC. 249.49. TELEGRAPH HILL – NORTH BEACH RESIDENTIAL SPECIAL USE DISTRICT.

   (a)   Purposes. To regulate the amount of off-street parking and limit the installation of garages in all residential structures in order to ensure that they do not increase the level of automobile traffic, increase pollution, cause the removal of on-street parking spaces, or impair pedestrian use on narrow public rights-of-way in the District; and to preserve existing affordable housing by preventing the addition of off-site parking, which provides an incentive to convert existing affordable residential buildings to market-rate housing.

   (b)   Applicability. The provisions of this Special Use District shall apply to the RH and RM zoned parcels within the area bounded by Bay Street on the north, The Embarcadero and Sansome Street on the east, Broadway on the South, and Columbus Avenue on the west, as shown on Sectional Map SU01 of the Zoning Map.

   (c)   Controls. 

      (1)   Number of Off-Street Residential Parking Spaces. Up to 0.5 parking spaces for each Dwelling Unit, subject to the controls and procedures of Section 249.49(c) and Sections 155(r) and 155(t). Not Permitted above this amount.

      (2)   Installation of a Parking Garage. Installation of a garage in an existing or proposed residential building of two or more units requires a mandatory discretionary review hearing by the Planning Commission. In order to approve the installation of any garage in these districts, the Commission shall find that: (1) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction of ground-story retail or commercial space; (2) the proposed garage opening/addition of off-street parking will not eliminate or decrease the square footage of any dwelling unit; (3) the building has not had two or more evictions within the past 10 years, with each eviction associated with a separate unit(s), (4) the garage would not front on an Alley pursuant to Section 155(r)(2) of this Code or on a public right-of-way narrower than 41 feet, and (5) the proposed garage opening/ addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code.

         Prior to issuance of any required notification under Section 311 of this Code, the Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the Department shall independently verify, and the Department shall determine whether the project complies with (4) and (5) above. If the project sponsor does not provide such signed affidavit, or the garage would front on an Alley or public right-of-way narrower than 41 feet, the Department shall disapprove the application and no Planning Commission hearing shall be required.

(Added by Ord. 77-10, File No. 091165, App. 4/16/2010; amended by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 196-17, File No. 170419, App. 10/5/2017, Eff. 11/4/2017; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

New division (b) added and former division (b) redesignated as current division (c); Ord. 176-12 , Eff. 9/6/2012. Divisions (a) and (c)(2) amended, Ord. 196-17, Eff. 11/4/2017. Divisions (c)(1), (c)(2), and final undesignated paragraph amended; Ord. 136-21, Eff. 9/4/2021.