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(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; redesignated as Sec. 837 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 49-09, File No. 081504, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(See Interpretations related to this Section.)
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 221-05, File No. 050739, App. 9/9/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016; Ord. 50-17, File No. 160748, App. 3/17/2017, Eff. 4/16/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 174-05, File No. 050830, App. 7/29/2005; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 51-09, File No. 081620, App. 4/2/2009; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 75-12
, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 33-16
, File No. 160115, App. 3/11/2016, Eff. 4/10/2016; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; repealed by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
The South of Market Extended Preservation District, as shown on Sectional Map PD01 and PD07 of the Zoning Map, incorporates an area, formerly zoned C-3-S, in which provisions of Article 11 and Section 128 continue to be in effect.
(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 68-13
, File No. 120474, App. 4/23/2013, Eff. 5/23/2013)
AMENDMENT HISTORY
Section header and section amended; Ord. 68-13
, Eff. 5/23/2013.
(Added by Ord. 115-90, App. 4/6/90; repealed by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016)
(Added by Ord. 206-06, File No. 060483, App. 7/25/2006; amended by Ord. 35-08, File No. 080156, App. 3/17/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 204-14
, File No. 140724, App. 10/9/2014, Eff. 11/8/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 115-19, File No. 181153, App. 6/28/2019, Eff. 7/29/2019; Ord. 22-23, File No. 221104, App. 2/23/2023, Eff. 3/26/2023; redesignated as Sec. 249.39 by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
(a) Description. Downtown Residential (DTR) Districts are transit-oriented, high-density mixed-use residential neighborhoods in and around downtown. These areas are generally transitioning from a variety of commercial and industrial to residential uses. The intent of this district is to enable a mix of new day and nighttime activities, with an emphasis on encouraging new housing within walking distance or a short transit-ride of downtown, supported by a mix of retail, and neighborhood services to meet the needs of residents and the larger downtown community.
High-density residential uses, including residential towers in select locations, are allowed and encouraged within the limits set by height and bulk controls. Given the district's proximity to downtown, a range of commercial uses is permitted on the lower stories, with active pedestrian-oriented retail, service, and entertainment uses on the ground floor. Along special streets, pedestrian-oriented uses are required on the first floor. Ground floor entries to individual dwelling units are encouraged on streets that will become primarily residential.
There is generally no pattern of mid-block open space or of rear yards. While lot coverage is limited for all levels with residential uses, traditional rear yard open spaces are not required except in the limited instances where there is an existing pattern of them. Specific height and bulk controls establish appropriate heights for both towers and mid-rise development, and ensure adequate spacing between towers and preserve light and air to streets and open spaces. Setbacks are required where necessary to buffer ground floor residential uses or to ensure sunlight access to streets and open spaces. To support the intensification of land uses in these districts, detailed traffic, streetscape and open space improvements will take place over time.
Downtown Residential Districts include all of the individual DTR districts governed this Code except the Transbay Downtown Residential District (TB-DTR), as set forth in Section 828, is governed by the Transbay Redevelopment Plan and its Development Controls and Design Guidelines.
(b) Building and Development Standards. In addition to or in-lieu of the requirements and standards elsewhere in this Code, the following building and development standards are applicable in the Downtown Residential Districts.
(1) Street-Facing Use Requirements. Pedestrian-oriented commercial, residential, institutional uses, and community services are required ground floor uses on all street facing frontages per the standards of Section 145.1 and 145.4, except for the minimum frontage required for fire doors, parking and loading access, and other utilities.
(2) Lot Coverage. The requirements of Section 134 shall not apply in DTR Districts. Except as more specifically limited in the Section governing an individual DTR district, lot coverage is limited to 80 percent at all residential levels except on levels in which all residential units face onto a public right-of-way or mid-block pedestrian path meeting the minimum standards of this Section. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards pursuant to Section 136(c). Exceptions to the 20 percent open area requirement may be granted, pursuant to the provisions of Section 309.1, for conversions of existing non-residential structures where it is determined that provision of 20 percent open area would require partial demolition of the existing non-residential structure.
(4) Lighting. Pedestrian-scaled lighting shall be provided as an integral element of all building facades and shall be designed and located to accentuate the uses facing the street. Pedestrian-scaled lighting shall be incorporated into all facades and landscaped setback areas in the form of wall sconces, entry illumination and low-level lighting set into edging features. Lighting should be designed to accentuate ground floor retail and residential entries. Incandescent or color-corrected lighting sources must be used.
(5) Off-Street Parking and Loading. Restrictions on the design and location of off-street parking and loading and access to off-street parking and loading are necessary to reduce their negative impacts on neighborhood quality and the pedestrian environment. Unless specified otherwise in an individual DTR district, the following off-street parking and loading controls shall apply:
(A) Required Below-Grade. All off-street parking in DTR districts shall be built below street grade. The design of parking on sloping sites must be reviewed through the procedures of Section 309.1, according to the following standards.
(i) For sloping sites with a grade change of at least ten feet laterally along the street, no less than 50 percent of the perimeter of all floors with off-street parking shall be below the level of said sloping street; and
(ii) For sites that slope upwards from a street, no less than 50 percent of the perimeter of all floors with off-street parking shall be below the average grade of the site; and
(iii) Any above-grade parking shall be set back from the street facing facades and wrapped with active uses, as defined by Section 145.1, for a depth of no less than 25 feet at the ground floor and 15 feet on floors above.
(B) Parking and Loading Access.
(i) Width of openings. Any single development is limited to a total of two facade openings of no more than 11 feet wide each or one opening of no more than 22 feet wide for access to off-street parking and one facade opening of no more than 15 feet wide for access to off-street loading. Shared openings for parking and loading are encouraged. The maximum permitted width of a shared parking and loading garage opening is 27 feet.
(ii) Sidewalk narrowings or porte cocheres to accommodate passenger loading and unloading are not permitted. For the purpose of this section, a "porte cochere" is defined as an off-street driveway, either covered or uncovered, for the purpose of passenger loading or unloading, situated between the ground floor facade of the building and the sidewalk.
(c) Use. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Uses in Downtown Residential Districts are either permitted, conditional, accessory, temporary or are not permitted. If there are two or more uses in a structure, any use not classified in Section 825(c)(1)(C) below as accessory will be considered separately as an independent permitted, conditional, temporary or not permitted use.
(1) Permitted Uses.
(A) Principal Uses. All uses are permitted as Principal Uses as of right in a Downtown Residential district unless otherwise indicated as a Conditional Use or Not Permitted in this Section 825 of this Code or any other Section governing an individual DTR District. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 and other applicable provisions of this Code.
(B) Conditional Uses. Conditional uses are permitted in a Downtown Residential District, when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in the Section of this Code governing the individual DTR District. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.5 of this Code.
(i) Notwithstanding any other provision of this Article, a change in use or demolition of a movie theater use, as set forth in Section 890.64, shall require conditional use authorization. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited.
(C) Accessory Uses. Subject to the limitations set forth below, in Section 151.1, and elsewhere in this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful principal use or Conditional Use, or is appropriate, incidental and subordinate to any such use, and shall be permitted as an accessory use in a Downtown Residential District. In order to accommodate a principal use which is carried out by one business in multiple locations within the same general area, such accessory use need not be located in the same structure or lot as its principal use provided that (1) the accessory use is located within 1,000 feet of the principal use; (2) the multiple locations existed on the effective date of this amendment; and (3) the existence of the multiple locations is acknowledged in writing by the Zoning Administrator within 60 days after the effective date of this amendment. Any use, which does not qualify as an accessory use, shall be classified as a principal use. No use will be considered accessory to a principal use, which involves or requires any of the following:
(i) The use of more than one-third of the total occupied floor area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151.1, 156 and 303 of this Code;
(ii) Nighttime entertainment, massage establishment, Adult Sex Venue, or movie theater;
(iii) Any sign not conforming to the limitations of Section 607.2(f)(3).
(E) Prohibited Uses.
(i) Uses which are specifically listed as Not Permitted (NP) in any Section governing an individual DTR District are not permitted. The use provisions of an individual DTR District shall apply in case of conflict with use limitations in Section 825. Signs not specifically permitted in Article 6 are not permitted.
(ii) No use, even though listed as a permitted use or otherwise allowed, shall be permitted in a Downtown Residential District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.
(iii) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 229.
(2) Residential Use Controls. Unless otherwise specified in a Section governing an individual DTR District, the following residential use controls shall apply:
(A) Required Residential to Non-Residential Use Ratio. For newly constructed buildings or additions which exceed 20 percent or more of an existing structure's gross floor area, at least six occupiable square feet of residential use shall be provided for each occupiable square foot of non-residential use, excluding accessory parking, on any lot legally existing. Hotels, inns, or hostels as defined under Section 209.2(d) and (e), time-share or fractional-ownership condominiums, and lawfully existing live/work units shall be considered as non-residential uses for the purpose of this section, and do not satisfy the residential requirement. Exemption from the required use ratio for building additions of less than 20 percent may not be granted for any single lot if such an exemption would increase the total square footage of the building to an amount 20 percent greater than existed on the lot since the adoption of this Section.
(B) For newly constructed buildings or additions, which exceed 20 percent or more of an existing structure's gross floor area, all building area above 85 feet in height shall be devoted to residential use.
(d) Reduction of Ground Level Wind Currents.
(1) Requirement. New buildings and additions to existing buildings shall be shaped, or other wind-baffling measures shall be adopted, so that the developments will not cause ground-level wind currents to exceed, more than 10 percent of the time year-round, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of substantial pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. The term "equivalent wind speed" shall mean an hourly mean wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.
(2) When preexisting ambient wind speeds exceed the comfort level, or when a proposed building or addition may cause ambient wind speeds to exceed the comfort level, the building shall be designed to reduce the ambient wind speeds to meet the requirements.
(3) Exception. The Zoning Administrator may allow the building or addition to add to the amount of time the comfort level is exceeded by the least practical amount if (i) it can be shown that a building or addition cannot be shaped and other wind-baffling measures cannot be adopted to meet the foregoing requirements without creating an unattractive and ungainly building form and without unduly restricting the development potential of the building site in question, and (ii) the Zoning Administrator concludes that, because of the limited amount by which the comfort level is exceeded, the addition is insubstantial. The Zoning Administrator shall not grant an exception, and, no building or addition shall be permitted that causes equivalent winds speeds to reach or exceed the hazard level of 26 miles per hour for a single hour of the year.
(4) Procedures. Procedures and methods for implementing this Section shall be specified by the Environmental Review Officer of the Planning Department.
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 94-06, File No. 050182, App. 5/19/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022)
AMENDMENT HISTORY
Divisions (c) and (d) added; Ord. 56-13
, Eff. 4/27/2013. Divisions (c), (c)(1)(C), and (c)(1)(C)(i) amended; Ord. 99-17, Eff. 6/18/2017. Divisions (c) and (c)(1)(A)-(c)(1)(B)(i) amended; Ord. 129-17, Eff. 7/30/2017. Division (c)(1)(B) amended; Ord. 296-18, Eff. 1/12/2019. Division (c)(1)(C)(ii) amended; Ord. 75-22, Eff. 6/13/2022.
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Repealed by Ord. 298-08, File No. 081153, App. 12/19/2008)
The Rincon Hill Downtown Residential Mixed Use District (RH-DTR), the boundaries of which are shown in Section Map No. 1 of the Zoning Map, is established for the purposes set forth below.
The RH-DTR District is adjacent to the southern edge of the downtown, generally bounded by Folsom Street, the Bay Bridge, the Embarcadero, and Essex Street. High-density residential uses and supporting commercial and institutional uses are allowed and encouraged within the limits set by height, bulk, and tower spacing controls. Folsom Street is intended to develop as the neighborhood commercial heart of the Rincon Hill and Transbay neighborhoods, and pedestrian-oriented uses are required on the ground floor. Individual townhouse dwelling units with ground floor entries directly to the street are required on streets that will become primarily residential, including First, Fremont, Beale, Main, and Spear Streets.
While lot coverage is limited for all levels with residential uses that do not face onto streets or alleys, traditional rear yard open spaces are not required except in the limited instances where there is an existing pattern of them, such as smaller lots on the Guy Place block. Specific height, bulk, and setback controls establish appropriate heights for both towers and mid-rise podium development and ensure adequate spacing between towers in order to establish a neighborhood scale and ensure light and air to streets and open spaces. Setbacks are required where necessary to provide transition space for ground floor residential uses and to ensure sunlight access to streets and open spaces. Off-street parking must be located below grade.
Given the need for services and open space resulting from new development, projects will provide or contribute funding for the creation of public open space and community facilities as described in the Rincon Hill Area Plan of the General Plan. The Rincon Hill Streetscape Plan, part of the Area Plan, proposes to enhance and redesign most streets in the district to create substantial new open space amenities, improve pedestrian conditions, and improve the flow of local traffic and transit. Detailed standards for the provision of open spaces, mid-block pathways, and residential entries are provided to ensure that new buildings contribute to creating a public realm of the highest quality in Rincon Hill. Accessory Dwelling Units are permitted within the district pursuant to Section 207.1 of this Code.
No. | Zoning Category | § References | Rincon Hill Downtown Residential Mixed Use District Zoning Controls |
No. | Zoning Category | § References | Rincon Hill Downtown Residential Mixed Use District Zoning Controls |
Building and Siting Standards | |||
.10 | Height and Bulk | Varies 45 - 550 feet. For height limits, see Zoning Map 1H and § 263.19; for bulk controls, see § 270(e). | |
.11 | Lot Size [Per Development] | No limit | |
.12 | Rear Yard/Site Coverage | § 136 | |
.13 | Setbacks | Ground Floor Residential Design Guidelines | Building setback of 3 to 10 ft. for all buildings except towers on Spear, Main, Beale, Fremont, and First Streets. § 827(a)(2) and (6). Upper-story setback of 10 ft. required above a height of 65 feet on both sides of Spear, Main, Beale, Fremont, and First Streets. § 827(a)(5). Sun access plane setback of 50 degrees for all buildings 85' and lower on the south side of east-west mid-block pathways. § 827(a)(5). |
.14 | Street-Facing Uses | ||
.15 | Parking and Loading Access: Prohibition | § 155(r) | Prohibited on Folsom Street from Essex Street to The Embarcadero. § 827 (a)(8) and 155(r) |
.16 | Parking and Loading Access: Siting and Dimensions | No parking permitted aboveground, except on sloping sites. Parking access limited to two openings, max. 11' wide each, loading access limited to one 15' opening. § 825(b)(7) and 827(a)(8). | |
.17 | Awning | § 136.1(a) | P |
.18 | Canopy | §
136.1
(b) | P |
.19 | Marquee | §
136.1
(c) | P |
Non-Residential Standards and Uses | |||
.20 | Required Residential to Non-Residential Use Ratio | § 102 | Non-residential uses limited to occupiable sf per 6 occupiable sf devoted to residential uses. § 825(c)(2). |
.21 | Use Size [Non-Residential] | §§ 890.130, 145.14 | P for non-residential uses up to 25,000 sq. ft., C above. No individual ground floor tenant may occupy more than 75' of frontage for a depth of 25' from Folsom Street. §§ 145.14. |
.22 | Open Space | 1 sq. ft. of publicly-accessible open space for every 50 sq. ft. of non-residential use over 10,000 sq. ft. § 135.3 | |
.23 | Off-Street Parking [Office uses] | None Required. Parking that is accessory to office space limited to 7% of GFA. | |
.24 | Off-Street Parking [Non-Residential, other than office uses] | None Required. Parking limited as described in Section 151.1. | |
.25 | Off-Street Freight Loading | None Required. Loading maximums described in Section 152.2. | |
.26 | All Non-Residential Uses Permitted, except as described below. § 825(c)(1)(A) | ||
.27 | Drive-Up Facility | § 890.30 | NP |
.28 | Walk-Up Facility | § 890.140 | P if recessed 3 ft. C otherwise. |
.29 | Hospital or Medical Center | C | |
.30a | Other Institutions, except Residential Care Facility | § 102 | C |
.30b | Residential Care Facility | § 102 | P |
.31 | Public Use | § 890.80 | C |
.32 | Movie Theater | § 890.64 | C |
.33 | Nighttime Entertainment | C | |
.34 | Adult Entertainment | § 890.36 | NP |
.35 | Massage Establishment | P on the 1st floor, C # on the 2nd floor, and NP on 3rd floor and above, except P on all floors if accessory to a Hotel, Personal Service or Health Service. | |
.36 | Automobile Parking Lot, Community Commercial | NP | |
.37 | Automobile Parking Garage, Community Commercial | §§ 890.10 1 | C, per the criteria of Section 303 |
.38 | Automotive Gas Station | § 890.14 | NP |
.39 | Automotive Service Station | NP | |
.40 | Automotive Repair | § 890.15 | NP |
.40a | Electric Vehicle Charging Location | C | |
.40b | Fleet Charging | § 102 | NP |
.41 | Automotive Wash | § 890.20 | NP |
.42 | Automotive Sale or Rental | § 890.13 | C |
.43 | Mortuary | § 890.62 | C |
.44 | Hours of Operation | § 890.48 | C. 2 a.m. - 6 a.m. |
.45 | Business Sign | P § 607.2(f) | |
.45a | Tobacco Paraphernalia Establishments | § 890.123 | C |
.45b | Child Care Facility | § 102 | P |
.45c | Adult Sex Venue | § 102 | NP |
Residential Standards and Uses | |||
.46 | Residential Use | § 890.88 | P |
.47 | Residential Density, Dwelling Units | § 890.88(a) | |
.48 | Residential Density, Group Housing | § 890.88(b) | No Limit. § 207.5(d) |
.48b | Residential Density, Homeless Shelters | Density limits per Section 208(a) | |
.49 | Usable Open Space [Per Residential Unit] | ||
.50 | Accessory Off-Street Parking, Residential | ||
.51 | Residential Conversion | § 317 | C |
.52 | Residential Demolition | § 317 | C |
.53 | Fringe Financial Service | ||
.54 | Large-Scale Urban Agriculture | § 102 | C |
Other Uses | |||
.99 | Wireless Telecommunications Services Facility | § 102 | C; P if the facility is a Micro WTS Facility |
SPECIFIC PROVISIONS FOR
RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE
RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE
Section | Zoning Controls | |
§ 827.35 | MASSAGE ESTABLISHMENT Controls: Massage Establishments on the 2nd floor shall generally be subject to Conditional Use authorization. Certain exceptions to the Conditional Use requirement for massage are described in Section 303(n). When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the criteria described in Section 303(n) and 890.60(b). | |
§ 827.47 | § 207.1 | ACCESSORY DWELLING UNITS Boundaries: Within the boundaries of the Rincon Hill Downtown Residential Mixed Use District. Controls: An "Accessory Dwelling Unit," as defined in Section 102 and meeting the requirements of Section 207.1 is permitted to be constructed within an existing building in areas that allow residential use or within an existing and authorized auxiliary structure on the same lot. |
(a) Building Standards.
(1) Development Concept. The development concept is for podium development up to 85 feet in height, with slender residential towers spaced to provide ample light and air to the district. New development will contribute to the creation of a substantial amount of public open space, as well as provide private common areas, courtyards, and balconies. Streets will be improved to provide widened sidewalks with substantial public open space. Ground floor uses will be pedestrian-oriented in character, consisting primarily of retail on Folsom Street, and individual townhouse-style residential units on First, Fremont, Beale, Main, and Spear Streets, as well as on alleys and mid-block pathways. Parking will be located below grade, and building utilities (loading bays, service doors, garage doors) will be located in sidewalk vaults or on secondary frontages.
(2) Street-Facing Use Requirements. Pedestrian-oriented retail, residential, institutional uses, and community services are required ground floor uses on all street facing frontages, except for the minimum frontage required for fire doors, parking and loading access, and other utilities.
(A) Required Ground Floor Retail Spaces. For frontages facing Folsom Street, ground floor space suitable for retail use is required for no less than 75 percent of all frontages, as specified in Section 145.4.
(B) Required Individual Ground Floor Residential Units. For building frontages facing Fremont, First, Main, Beale and Spear Streets more than 60 feet from an intersection with Folsom, Harrison, or Bryant Streets, and for building frontages facing Guy Place and Lansing Street, individual ground floor residential units with direct pedestrian access to the sidewalk are required at intervals of no greater than 25 feet, except where residential lobbies, parking and loading access, utilities, and open space are necessary and provided pursuant to the allowances of Section 827 and other sections of this Code. Individual ground floor residential units are also encouraged along Harrison Street, Bryant Street, and alleys and mid-block pedestrian paths where appropriate.
Figure 827(B): Frontages Where Ground Floor Retail Uses Are Required.
Figure 827(C): Frontages Where Ground Floor Residential Uses/Entries Are Required.
(3) Required Streetwall. Building area below 85 feet in height is required to be built to 100 percent of all property lines facing public rights-of-way, except where setbacks are required by this Section and except where publicly accessible open space is provided according to the provisions of this Section. Recesses, insets and breaks between buildings are permitted to provide vertical articulation to the facade, provided the overall integrity of the streetwall is maintained.
(4) Lot Coverage. Lots fronting only on the north side of Guy Place are permitted up to 80 percent lot coverage.
(5) Upper Story Setback. To ensure adequate sunlight to streets, alleys, and pedestrian pathways, upper story setbacks are required as follows:
(A) All buildings are required to set back at least 10 feet above a height of 65 feet along Spear, Main, Beale, Fremont and First Streets. This requirement shall not apply to street frontage occupied by a building taller than 85 feet. This upper story setback requirement shall also not apply to the first 60 linear feet of frontage from corners at Folsom, Harrison, and Bryant Streets.
(B) Buildings greater than 60 linear feet from a major street along Guy Place, Lansing Street, and any proposed or existing private or public mid-block pedestrian pathways, are required to be set back at least 10 feet above 45 feet in height from said right-of-way.
(C) In order to increase sun access to mid-block pathways and uses along such pathways, all building frontage on the southeast side of mid-block pathways not occupied by a building taller than 85 feet must set back upper stories by 10 feet above a building height of 45 feet. For projects on the south side of a mid-block pedestrian pathway taller than 65 feet, an additional upper story setback of 10 feet is required above a building height of 65 feet.
(i) Modifications. For any lot on the north side of a required mid-block pedestrian pathway, a modification from the required upper story setback of 10 feet above a height of 45 feet may be granted according to the provisions of Section 309.1, provided that, in total, the building is set back by a volume equal to what would be required by meeting the standard in (C) above, and the modification would substantially improve the accessibility, design and character of the mid-block pedestrian pathway.
Figure 827(D): Required Upper Story Stepbacks
(6) Ground Floor Residential Units. Where ground floor residential units are required along Spear, Main, Beale, Fremont, and First Streets, the design standards of the Ground Floor Residential Design Guidelines apply. Ground floor residential units along Guy Place and Lansing Street, within the footprint of towers taller than 105 feet, and those that are proposed in locations where they are not required, are encouraged to meet the standards in this subsection to the greatest degree possible.
Figure 827(E): Ground Floor Commercial Frontages
(8) Off-Street Parking and Loading.
(A) Parking and Loading Access.
(i) Width of openings. The maximum permitted width of all combined parking and loading openings on Guy Place and Lansing Street for any single project is 20 feet.
(ii) Folsom Street. Access to off-street parking is not permitted on Folsom Street for lots with frontage on another street. For lots fronting solely on Folsom Street, access to parking on a Folsom Street frontage is permitted only through the processes established by Section 309.1 by demonstrating that every effort has been made to minimize negative impact on the pedestrian quality of the street. Loading may not be accessed from Folsom Street.
(9) Open Space.
(1) In addition to the standards of Section 135, open space intended to fulfill the requirements of off-site or publicly-accessible open space may include streetscape improvements with landscaping and pedestrian amenities on Guy Place and Lansing Street, beyond basic street tree planting or street lighting as otherwise required by this Code, in accordance with the Streetscape Plan of the Rincon Hill Area Plan.
(10) Streetscape Standards.
(A) Sidewalk Treatments.
(i) For all frontages abutting a public sidewalk, the project sponsor is required to install sidewalk widening, street trees, lighting, decorative paving, seating and landscaping in accordance with the Streetscape Plan of the Rincon Hill Area Plan, developed by the Planning Department and approved by the Board of Supervisors.
(ii) Prior to approval by the Board of Supervisors of a Streetscape Plan for Rincon Hill, the Planning Commission, through the procedures of Section 309.1, shall require an applicant to install sidewalk widening, street trees, lighting, decorative paving, seating, and landscaping in keeping with the intent of the Rincon Hill Area Plan of the General Plan and in accordance with subsections (iii) - (vi) below.
(iii) Sidewalk treatments shall comply with any applicable ordinances and with any applicable regulation of the Art Commission, the Department of Public Works and the Bureau of Light, Heat and Power of the Public Utility Commission regarding street lighting, sidewalk paving, and sidewalk landscaping.
(iv) The Streetscape Plan and any Commission requirement pursuant to subsection (ii) shall require the abutting property owner or owners to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act.
(v) Notwithstanding the provisions of this Section, an applicant shall apply for all required permits for changes to the legislated sidewalk widths and street improvements and pay all required fees.
(vi) The owner of the property is required to maintain all those improvements other than lighting.
(B) Mid-Block Pedestrian Pathways. For developments on Assessor's Blocks 3744 - 3748, the Commission may require, pursuant to Section 309.1, the applicant to provide a mid-block pedestrian pathway for the entire depth of their property where called for by the Rincon Hill Area Plan of the General Plan. This pathway shall be designed in accordance with the standards of this Section.
(i) Design. The design of the pathway shall meet the following minimum requirements:
(AA) Have a minimum width of 20 feet from building face to building face;
(BB) Have a minimum clear walking width of 10 feet free of any obstructions.
(CC) Be open to the sky and free from all encroachments for that entire width, except for those permitted in front setbacks by Section 136 of this Code;
(DD) Provide such ingress and egress as will make the area easily accessible to the general public;
(EE) Be protected from uncomfortable wind, as called for elsewhere in this Code;
(FF) Be publicly accessible, as defined elsewhere in this Section;
(GG) Be provided with special paving, furniture, landscaping, and other amenities that facilitate pedestrian use;
(HH) Be provided with ample pedestrian lighting to ensure pedestrian comfort and safety;
(II) Be free of any changes in grade or steps not required by the natural topography of the underlying hill; and
(JJ) Be fronted by active ground floor uses, such as individual townhouse residential units, to the greatest extent possible.
(ii) Prior to issuance of a permit of occupancy, informational signage directing the general public to the pathway shall be placed in a publicly conspicuous outdoor location at street level stating its location, the right of the public to use the space and the hours of use, and the name and address of the owner or owner's agent responsible for maintenance.
(iii) The owner of the property on which the pathway is located shall maintain it by keeping the area clean and free of litter and keeping in a functional and healthy state any street furniture, lighting and/or plant material that is provided.
(iv) Notwithstanding the provisions of this subsection, an applicant shall obtain all required permits for changes to the legislated sidewalk and street improvements and pay all required fees.
(v) The property owner or owners must hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act.
(b) Uses.
(B) No less than fifty percent (50%) of the fees that are paid due to development in the Rincon Hill Area Plan under Section 415 et seq. (formerly Section 315.4(e)(2) and 315.6) shall be paid into the Citywide Affordable Housing Fund, but the funds shall be separately accounted for and designated exclusively to increase the supply of affordable housing in the SOMA area.
(C) The Mayor's Office of Housing must submit a resolution to the Board of Supervisors with a plan for the use of all Affordable Housing Fee payments generated from the Rincon Hill Area Plan prior to any expenditure of the Funds.
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; 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. 287-13
, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 20-15
, File No. 110548, App. 2/20/2015, Eff. 3/22/2015; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 166-16
, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 189-17, File No. 170693, App. 9/15/2017, Eff. 10/15/2017; Ord. 14-18, File No. 171097, App. 2/9/2018, Eff. 3/12/2018; Ord. 303-18, File No. 180915, App. 12/21/2018, Eff. 1/21/2019; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022; Ord. 75-22, File No. 220264, App. 5/13/2022, Eff. 6/13/2022; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 187-24, File No. 240173, App. 7/26/2024, Eff. 8/26/2024)
AMENDMENT HISTORY
Zoning Control Table: .54 added; Ord. 66-11
, Eff. 5/20/2011. Zoning Control Table: .35 amended; Specific Provisions: 827.35 added; Ord. 56-13
, Eff. 4/27/2013. Former division (b)(1)(A) deleted; former divisions (b)(1)(B), (C), and (D) redesignated as (b)(1)(A), (B), and (C); Ord. 62-13
, Eff. 5/10/2013. Zoning Control Table: .51 and .52 amended; Ord. 287-13
, Eff. 1/25/2014. Specific Provisions: 827.35 amended; Ord. 235-14
, Eff. 12/26/2014. Zoning Control Table: .48b added; Ord. 14-15
, Eff. 3/15/2015. Zoning Control Table: .17, .18, and .19 amended; Ord. 20-15
, Eff. 3/22/2015. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 73-15, Eff. 6/27/2015. Introductory material amended; Zoning Control Table: .47 amended; Specific Provisions: 827.47 added; Ord. 162-16
, Eff. 9/3/2016. Zoning Control Table: .99 added; Ord. 166-16
, Eff. 9/10/2016. Zoning Control Table: .23, .24, .36, .37, and .50 amended; Ord. 99-17, Eff. 6/18/2017. Zoning Control Table: .45b added; Ord. 189-17, Eff. 10/15/2017. Division (a)(3) amended; Ord. 14-18, Eff. 3/12/2018. Zoning Control Table: .30 redesignated as .30a and amended; b2 added; Ord. 303-18
, Eff. 1/21/2019. Zoning Control Table: No. b corrected to .30b and amended; Ord. 136-21, Eff. 9/4/2021. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 233-21, Eff. 1/22/2022. Zoning Control Table: .35 amended; Specific Provisions: 827.35 amended; Ord. 37-22, Eff. 4/14/2022. Zoning Control Table: .45c added; Ord. 75-22, Eff. 6/13/2022. Zoning Control Table: .40a and .40b added; Ord. 190-22, Eff. 10/17/2022. Introductory material amended; Specific Provisions: 827.47 amended; Ord. 62-24, Eff. 4/28/2024. Zoning Control Table: .10, .17, .18, .19, .20, .33, and .54 amended; Ord. 187-24, Eff. 8/26/2024.
CODIFICATION NOTE
The Transbay Downtown Residential District, which is wholly within the Transbay Redevelopment Project Area, comprises mostly publicly owned parcels containing infrastructure or underutilized land related to the Transbay Terminal and former Embarcadero Freeway. This district generally extends along the north side of Folsom Street from Spear to Essex Streets, and between Main and Beale Streets to the north side of Howard Street. Laid out in the Transbay Redevelopment Plan and its companion documents, including the Design for the Development and the Development Controls and Design Guidelines for the Transbay Redevelopment Project, is the comprehensive vision for this underutilized area as a high-density, predominantly residential, district within walking distance of the downtown core, transit facilities, and the waterfront. The plan for the district includes: a mix of widely-spaced high-rises, mixed with a street-defining base of low- and mid-rise buildings with ground floor townhouses; a public open space on part of the block bounded by Folsom, Beale, Howard, and Main Streets; ground-floor retail along Folsom Street; and several new alleyways to break up the size of the blocks.
(a) Basic Controls. Development controls for this district are established in the Transbay Redevelopment Plan as approved by the Planning Commission on December 9, 2004, and January 13, 2005, specifically the Development Controls and Design Guidelines for the Transbay Redevelopment Project. On matters to which these Redevelopment documents are silent, controls in this Code pertaining to the C-3-O District shall apply. The C-3-O District permits construction of Accessory Dwelling Units pursuant to Section 207.1 of this Code.
AMENDMENT HISTORY
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