SEC. 202.2. LOCATION AND OPERATING CONDITIONS.

   (a)   Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions:

      (1)   Eating and Drinking Uses. Eating and Drinking Uses, as defined in Section 102, shall be subject to the following conditions:

         (A)   The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Street and Sidewalk Maintenance Standards. In addition, the operator shall be responsible for daily monitoring of the sidewalk within a one-block radius of the subject business to maintain the sidewalk free of paper or other litter associated with the business during business hours, in accordance with Article 1, Section 34 of the San Francisco Police Code.

            For information about compliance, contact the Bureau of Street Use and Mapping, Department of Public Works.

         (B)   When located within an enclosed space, the premises shall be adequately soundproofed or insulated for noise and operated so that incidental noise shall not be audible beyond the premises or in other sections of the building, and fixed-source equipment noise shall not exceed the decibel levels specified in the San Francisco Noise Control Ordinance.

            For information about compliance of fixed mechanical objects such as rooftop air conditioning, restaurant ventilation systems, and motors and compressors with acceptable noise levels, contact the Environmental Health Section, Department of Public Health.

            For information about compliance with construction noise requirements, contact the Department of Building Inspection.

            For information about compliance with the requirements for amplified sound, including music and television, contact the Police Department.

         (C)   While it is inevitable that some low level of odor may be detectable to nearby residents and passersby, appropriate odor control equipment shall be installed in conformance with the approved plans and maintained to prevent any significant noxious or offensive odors from escaping the premises.

            For information about compliance with odor or other chemical air pollutant standards, contact the Bay Area Air Quality Management District (BAAQMD) and Code Enforcement, Planning Department.

         (D)   Garbage, recycling, and compost containers shall be kept within the premises and hidden from public view, and placed outside only when being serviced by the disposal company. Trash shall be contained and disposed of pursuant to garbage and recycling receptacles guidelines set forth by the Department of Public Works.

            For information about compliance, contact the Bureau of Street Use and Mapping, Department of Public Works.

      (2)   Pharmacy. Notwithstanding anything to the contrary in this Code, a pharmacy may operate on a 24-hour basis as a permitted use provided that the following conditions are met during any period between 11:00 p.m. and 6:00 a.m. in which the pharmacy is open for business:

         (A)   A pharmacist licensed by the State of California in accordance with the California Business and Professions Code is on duty on the premises;

         (B)   The pharmacy provides prescription drugs for retail sale; and

         (C)   The pharmacy provides adequate lighting and security for the safety of customers, residents, and the adjoining property, including adequate lighting and security for any parking facilities provided. Such lighting and security may not negatively impact neighborhood character.

      (3)   Motel. The entrance to a motel must be within 200 feet of and immediately accessible from a major thoroughfare as designated in the General Plan.

      (4)   Massage Establishments. Any Massage Establishment found to be operating, conducted, or maintained contrary to this Code or Health Code Article 29 shall be found to be in violation of this Code and will be subject to enforcement as provided in Section 176 of the Planning Code. For three years following closure of a Massage Establishment for violations of this Code or the Health Code no new Massage Establishment or Personal Service shall be approved at the site where the former Massage Establishment was closed.

      (5)   Cannabis Retail. A Cannabis Retail establishment must meet all of the following conditions:

         (A)   A Cannabis Retail establishment must apply for a permit from the Office of Cannabis pursuant to Article 16 of the Police Code prior to submitting an application to the Planning Department.

         (B)   The parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel containing an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall apply. In addition, the parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel for which a valid permit from the City’s Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Cannabis Retail Use may be located in the same place of business as one or more other establishments holding valid permits from the City’s Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Cannabis Retail Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.

         (C)   Cannabis may be consumed or smoked on site pursuant to authorization by the Department of Public Health as applicable.

      (6)   Liquor Stores. Liquor Stores, as defined in Section 102, shall comply with the following requirements:

         (A)   Employees of the establishment shall walk a 100-foot radius from the premises sometime between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

         (B)   The business operator shall provide outside lighting sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residents.

         (C)   The store frontage shall comply with the visibility requirements of Section 145.1(c)(6) and the signage requirements of Article 6 of this Code. In addition, all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.

      (7)   Outdoor Activity Area. An Outdoor Activity Area shall be principally permitted in any Neighborhood Commercial District or Neighborhood Commercial Transit District, and in the WMUG, WMUO, SALI, and RED-MX Districts, if it meets all of the following conditions:

         (A)   The Outdoor Activity Area is located on the ground level;

         (B)   The Outdoor Activity Area is in operation only between 9:00 a.m. and 10:00 p.m.;

         (C)   The Outdoor Activity Area is not operated in association with a Bar use;

         (D)   Where associated with a Limited Restaurant or Restaurant Use, the Outdoor Activity Area includes only seated, not standing, areas for patrons; and

         (E)   Alcohol is dispensed to patrons only inside the premises or through wait staff services at the patron’s outdoor seat in the Outdoor Activity Area.

         Any Outdoor Activity Area seeking to operate beyond these limitations requires a Conditional Use Authorization, unless such Outdoor Activity Area is permitted by Planning Code Section 145.2.

      (8)   Adult Sex Venue. Notwithstanding anything to the contrary in this Code, a principally permitted Adult Sex Venue may operate on a 24-hour basis as a permitted use provided that the following conditions are met during any period between midnight and 6:00 a.m. in which the venue is open for business:

         (A)   The venue shall provide adequate lighting and security for the safety of customers, residents, and the adjoining property. Such lighting and security may not negatively impact adjacent properties; and

         (B)   The venue shall be adequately soundproofed or insulated for noise and operated so that incidental noise shall not be audible beyond the premises or in other sections of the building and fixed-source equipment noise shall not exceed the decibel levels specified in the San Francisco Noise Control Ordinance, Police Code Article 29.

   (b)   Automotive Uses. The Automotive Uses listed below shall be subject to the corresponding conditions:

      (1)   Prohibition on Sales of Distilled Liquor with Motor Vehicle Fuel. Any establishment that retails motor vehicle fuel and provides retail sale of alcoholic beverages, other than beer and wine, is prohibited.

      (2)   Conditional Use Authorization Required for Establishments that Sell Beer or Wine with Motor Vehicle Fuel. Any establishment that proposes to retail motor vehicle fuel and provide retail sale of beer or wine shall require Conditional Use authorization. The Planning Commission may deny authorization or grant Conditional Use authorization to an applicant based upon the criteria set forth in Section 303(c) of this Code.

         (A)   The Planning Commission shall include each of the following as conditions applicable to establishments at which the concurrent sale of motor vehicle fuel and beer or wine occurs:

            (i)   No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler;

            (ii)   No advertisement of alcoholic beverages, including beer and wine, shall be displayed at motor fuel islands;

            (iii)   No sale of beer or wine shall be made from a drive-in window;

            (iv)    No display or sale of beer or wine shall be made from an ice tub;

            (v)   No self-illuminated advertising for beer or wine shall be located on buildings or windows;

            (vi)   Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least 21 years of age;

            (vii)   No alcoholic beverages, other than beer and wine, shall be sold at any time;

            (viii)   No beer or wine shall be sold for consumption on the premises;

            (ix)   The permittee shall comply with all State statutes, rules, and regulations relating to the sale, purchase, display, possession, and consumption of alcoholic beverages;

            (x)   The permittee shall comply with all local statutes, rules, and regulations;

            (xi)   The permittee shall not operate the establishment in a manner that presents a nuisance, as defined in California Civil Code Sections 3479 and 3480; and

            (xii)   The City may impose sanctions, including suspension or revocation of the Conditional Use authorization, for violation of any of the terms or conditions of the Conditional Use authorization.

         (B)   In acting on any application for Conditional Use authorization, the Commission shall make written findings and such findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision.

         (C)   Where the sale of beer, wine, or motor vehicle fuel are not permitted or conditionally authorized uses, this Subsection shall not be construed to permit or conditionally authorize such sales to be conducted concurrently. Where the sale of beer and wine and motor vehicle fuel are permitted or conditionally authorized uses, this Subsection shall be construed to require Conditional Use authorization to conduct such sales concurrently.

         (D)   Definitions. For purposes of Subsection 202.2(b)(1) and (2), the following definitions shall apply:

            (i)   "Alcoholic beverages" shall be as defined in California Business and Professions Code Section 23004;

            (ii)   "Beer" and "wine" shall be as defined in California Business and Professions Code Section 23006 and Section 23007, respectively;

            (iii)   “Motor vehicle fuel” shall mean gasoline, other motor fuels including electricity at an Electric Vehicle Charging Location, and lubricating oil dispensed directly into motor vehicles; and

            (iv)   "Establishment" shall include an arrangement where a lot containing a business selling motor vehicle fuel provides direct access to another business selling alcoholic beverages on the same or adjacent lot.

         (E)   Application to Existing Uses. Any use lawfully selling motor vehicle fuel and alcoholic beverages (as licensed by the State of California) and existing prior to the effective date of this Section shall be subject to this Subsection 202.2(b) to the extent allowable by Business and Professions Code Section 23790.

      (3)   Automotive Wash. Cleaning and polishing are required to be conducted within an enclosed building having no openings, other than fixed windows or exits required by law located within 50 feet of any R District, and that has an off-street waiting and storage area outside the building which accommodates at least one-quarter the hourly capacity in vehicles of the enclosed operations, provided: (1) that incidental noise is reasonably confined to the premises by adequate soundproofing or other device; and (2) that complete enclosure within a building may be required as a condition of approval, notwithstanding any other provision of this Code; but the foregoing provisions shall not preclude the imposition of any additional conditions pursuant to Section 303 of this Code.

      (4)   Electric Vehicle Charging Location. At Electric Vehicle Charging Locations, the Electric Vehicle Charging Stations, including the charging space for the electric vehicle and all necessary charging equipment and infrastructure, may be located within any setbacks required by the underlying zoning district. Any structures associated with ancillary services, including restrooms or vending machines, must adhere to any underlying zoning setback requirements.

      (5)   Fleet Charging and Electric Vehicle Charging Location Reporting Requirements. Beginning on June 1, 2023, the Planning Department shall submit a report to the Board of Supervisors and the Mayor that includes the number and location of all Electric Vehicle Charging Locations and Fleet Charging locations that have been approved since the ordinance in Board File No. 220036 establishing this reporting requirement became effective. The Planning Department’s report shall include: the address of each such charging location, number of charging stations at each location, prior use of the property, whether the charging location was principally permitted or conditionally permitted, and what percent of each station is dedicated to Fleet Charging. The Planning Department shall submit this report annually for five years, with the last report to be submitted on June 1, 2027.

   (c)   Agriculture Use. The Agricultural Uses listed below shall be subject to the corresponding conditions:

      (1)   Agricultural Uses, General. Any plot of land that exceeds 1,000 square feet and is newly established shall comply with the applicable water use requirements of Administrative Code Chapter 63. Pursuant to Section 63.6.2(b) of the Administrative Code, no permit for any site where the modified land area exceeds 1,000 square feet shall be issued until the General Manager of the Public Utilities Commission has approved the applicable landscape project documentation.

      (2)   Neighborhood Agriculture. Limited sales and donation of fresh food and/or horticultural products grown on site may occur on otherwise vacant property, but such sales may not occur within a Dwelling Unit. Food and/or horticultural products grown that are used for personal consumption are not regulated. The following physical and operational standards shall apply to Neighborhood Agriculture:

         (A)   Compost areas must be setback at least 3 three feet from Dwelling Units and decks;

         (B)   If the farmed area is enclosed by fencing, the fencing must be (i) wood fencing, (ii) Ornamental Fencing as defined by Planning Code Section 102, or (ii) chain-link or woven wire fencing if over half of the fence area that borders a public right-of-way will be covered by plant material or other vegetative screening within three years of the fence installation;

         (C)   Use of mechanized farm equipment is generally prohibited in Residential Districts; provided, however, that during the initial preparation of the land, heavy equipment may be used to prepare the land for Agriculture use. Landscaping equipment designed for household use shall be permitted;

         (D)   Farm equipment shall be enclosed or otherwise screened from sight;

         (E)   Sale of food and/or horticultural products from the use may occur between the hours of 6:00 a.m. and 8:00 p.m.;

         (F)   In all districts, sales, pick-ups, and donations of fresh food and horticultural produces grown on site are permitted. In every district except Residential Districts, value-added products, where the primary ingredients are grown and produced on site, are permitted.

      (3)   Industrial Agriculture. Cannabis must only be grown within an enclosed structure.

   (d)   Industrial Uses. The Industrial and PDR uses listed below shall be subject to the corresponding conditions:

      (1)   Heavy Manufacturing 1, Metal Working, and Agricultural and Beverage Processing 1 and 2. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 50 feet of any R District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.

      (2)   Heavy Manufacturing 2, Junk Yard, Power Plant and Hazardous Waste Facilities. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 200 feet of any R or NC District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.

      (3)   Heavy Manufacturing 3, Livestock Processing 1 & 2, and Volatile Materials Storage. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by law, within 500 feet of any R District or NC District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use.

      (4)   Automobile Wrecking. Automobile Wrecking operations are subject to the following operating conditions:

         (A)   There shall be sufficient working space on the property to permit proper functioning of the operation without use of any public right-of-way for storage of inoperable vehicles or parts;

         (B)   The operation shall be clearly separated from adjacent properties and public rights-of-way; and

         (C)   the operation be conducted not less than 500 feet from any R or NC District. No automobile wrecking operation lawfully existing at the effective date hereof shall be continued more than three years from said date unless a conditional use authorization for such operation has been granted pursuant to this Code, provided, however, that no such automobile wrecking operation eligible for governmental payments to assist relocation shall be continued more than one and one-half years from said effective date unless a conditional use authorization for such operation has been granted pursuant to this Code.

      (5)   Truck Terminal. A Truck Terminal Facility must be located not less than 200 feet from any R District.

   (e)   Institutional Uses. The Institutional Uses listed below shall be subject to the corresponding conditions:

      (1)   Medical Cannabis Dispensaries. Medical Cannabis Dispensary Uses are required to meet all of the following conditions:

         (A)   A Medical Cannabis Dispensary Use shall apply for a permit from the Office of Cannabis pursuant to Article 16 of the Police Code prior to submitting an application to the Planning Department;

         (B)   The parcel containing the Medical Cannabis Dispensary Use shall not be located within a 600-foot radius of a parcel containing: an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall apply. In addition, the parcel containing the Medical Cannabis Dispensary shall not be located within a 600-foot radius of a parcel for which a valid permit from the City’s Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Medical Cannabis Dispensary Use may be located in the same place of business as one or more other establishments holding valid permits from the City’s Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Medical Cannabis Dispensary Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.

         (C)   Cannabis may be consumed or smoked on site pursuant to authorization by the Department of Public Health as applicable.

         (D)   Regardless of whether medical cannabis is smoked on the premises, the parcel containing the Medical Cannabis Dispensary shall not be located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health;

         (E)   Alcohol shall not be sold or distributed on the premises for on- or off-site consumption; and

         (F)   Any permit issued for a Medical Cannabis Dispensary shall contain the following statement in boldface type: “Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law.”

      (2)   Social Service Uses in South of Market Mixed Use Districts Serving Indigent Transient and Homeless People. Social Service uses in South of Market Mixed Use Districts serving indigent transient and homeless people shall maintain the following operating conditions:

         (A)   Service providers shall satisfy the following operating conditions, upon first occupancy of the proposed project and going forward;

         (B)   Service providers shall provide adequate waiting areas within the premises for clients and prospective clients such that sidewalks are not used as queuing or waiting areas;

         (C)   Service providers shall provide sufficient numbers of restrooms for clients and prospective clients, and provide access during all hours of operation. For Group Housing and Homeless Shelter programs, adequate private showers shall be provided along with lockers for clients to temporarily store their belongings;

         (D)   Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment;

         (E)   Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where they may seek similar services;

         (F)   Service providers shall maintain the sidewalks in the vicinity in a clean and sanitary condition and, when necessary, shall steam-clean the sidewalks within the vicinity of the project. Employees or volunteers of the project shall walk a 100-foot radius from the premises each morning or evening and shall pick up and properly dispose of any discarded beverage and/or food containers, clothing, and any other trash which may have been left by clients;

         (G)   Notices shall be well-lit and prominently displayed at all entrances to and exits from the establishment urging clients leaving the premises and neighborhood to do so in a quiet, peaceful, and orderly fashion and to please not loiter or litter; and

         (H)   The establishment shall implement other conditions and/or measures as determined by the Zoning Administrator, in consultation with other City agencies and neighborhood groups, to be necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

   (f)   Residential Uses. The Residential Uses listed below shall be subject to the corresponding conditions:

      (1)   Senior Housing. To qualify as Senior Housing, as defined in Section 102 of this Code, the following definitions shall apply and shall have the same meaning as the definitions in California Civil Code Sections 51.2, 51.3, and 51.4, as amended from time to time. These definitions shall apply as shall all of the other provisions of Civil Code Sections 51.2, 51.3, and 51.4. Any Senior Housing must also be consistent with the Fair Housing Act, 42 U.S.C. §§ 3601-3631 and the Fair Employment and Housing Act, California Government Code Sections 12900-12996.

         (A)   "Designed to meet the physical and social needs of senior citizens" shall mean a development that meets the requirements of Civil Code Section 51.2(d), is constructed on or after January 1, 2001, and includes all of the following elements:

            (i)   Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.

            (ii)   Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.

            (iii)   Walkways and hallways in the common areas shall have lighting conditions that are of sufficient brightness to assist persons who have difficulty seeing.

            (iv)   Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.

            (v)   The development shall be designed to encourage social contact by providing at least one common room and at least some common open space.

            (vi)   Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.

            (vii)   The development shall comply with all other applicable requirements for access and design imposed by law including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601, et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws.

         (B)   "Qualifying Resident" or "Senior Citizen" means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.

         (C)   Definition. “Senior Citizen Housing Development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 Dwelling Units. Any Senior Citizen Housing Development that is required to obtain a public report under Section 11010 of the Business and Professions Code and that submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a Senior Citizen Housing Development under Section 11010.05 of the Business and Professions Code. No housing development constructed prior to January 1, 1985, shall fail to qualify as a Senior Citizen Housing Development because it was not originally developed or put to use or occupancy by senior citizens.

         (D)   Requirements. To qualify as Senior Housing, the proposed project must meet all of the following conditions:

            (i)   Design and Construction. The project must be designed to meet the physical and social needs of senior citizens as defined herein.

            (ii)   Occupancy. Each proposed Dwelling Unit must be initially put to use by senior citizens and shall be limited to the occupancy of senior citizens or other qualifying residents under Civil Code Section 51.3 for the actual lifetime of the building, regardless of whether the units will be owner-occupied or renter-occupied. The project must meet all of the requirements of Civil Code Section 51.3 including, but not limited to, the requirement that the covenants, conditions, and restrictions shall set forth limitations on occupancy, residency, and use based on age. Any such limitation shall not be more exclusive than to require that one person in residence in each Dwelling Unit may be required to be a senior citizen and that each other resident in the same Dwelling Unit may be required to be a qualified permanent resident as defined in Civil Code Section 51.3(b), a permitted health care resident as defined in Civil Code Section 51.3(b), or a person under 55 years of age whose occupancy is permitted under Civil Code Section 51.3 or Section 51.4(b). That limitation may be less exclusive but shall at least require that the persons commencing any occupancy of a Dwelling Unit include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The application of the rules set forth in this Section and in State law may result over time in less than all of the Dwellings being actually occupied by a senior citizen.

            (iii)   Inclusionary Housing Requirements. If the project must meet the requirements of the Residential Inclusionary Affordable Housing Program, Planning Code Sections 415 et seq., the inclusionary units must be constructed on site and, like the other units in the project, will be limited to occupancy as stated above.

            (iv)   Recording. The project sponsor must record a Notice of Special Restriction with the Assessor-Recorder that states all of the above restrictions and any other conditions that the Planning Commission or Department places on the property; and

            (v)   Covenants, Conditions, and Restrictions. If the property will be condominiumized, the project sponsor must provide the Planning Department with a copy of the Covenants, Conditions, and Restrictions (“CC&R”) that will be filed with the State.

         (E)   Density. For the purpose of qualifying for and receiving additional density at a density ratio or number of Dwelling Units not exceeding twice the number of Dwelling Units otherwise permitted, the project sponsor shall enter into a contract with the City acknowledging that the additional density received under Section 207(c)(3) is a form of assistance specified in California Government Code Sections 65915 et seq. for purposes of Civil Code Section 1954.52(b) of the Costa-Hawkins Rental Housing Act. All such contracts must be reviewed and approved by the Mayor’s Office of Housing and approved as to form by the City Attorney. All contracts that involve 100% affordable housing projects in the residential portion shall be executed by the Director of the Mayor’s Office of Housing and Community Development (MOHCD). Any contract that involves less than 100% affordable housing in the residential portion, may be executed by either the Director of MOHCD or, after review and comment by the MOHCD, the Director of Planning.

   (g)   Small Enterprise Workspace (S.E.W.).

      (1)   An S.E.W. building must meet the following requirements:

         (A)   Each unit may contain only uses principally or conditionally permitted in the subject zoning district, or Office Uses as defined in Sections 102 and 890.70;

         (B)   Any non-accessory Retail Uses are subject to any per parcel size controls of the subject zoning district;

         (C)   No Residential Uses shall be permitted;

         (D)   Each of the units in the building must contain no more than 1,500 gross square feet each; an exception to this rule applies for larger PDR spaces on the ground floor, as described in subsection (g)(1)(E) below

         (E)   An S.E.W. building may contain units larger than 1,500 square feet on the ground floor as long as each such unit contains a principal PDR Use. Such PDR units may be independently accessible from the street.

         (F)   After the issuance of any certificate of occupancy or completion for the building, any merger, subdivision, expansion, or other change in Gross Floor Area of any unit shall be permitted only as long as the provisions of subsections (D) and (E), above, are met.

      (2)   S.E.W. units may be established only in new buildings or in buildings for which a first certificate of occupancy or completion was issued after January 19, 2009.

      (3)   Where permitted, S.E.W. Buildings are exempt from the controls in Section 202.7 limiting demolition of industrial buildings.

      (4)   S.E.W. projects shall provide a PDR Business Plan in accordance with the requirements of Section 210.3C of this Code.

      (5)   In considering the approval of a S.E.W. project, the Planning Commission should consider the likely viability of the new PDR space that the development creates, as influenced by such facts as the content of the project sponsor’s PDR Business Plan and whether the project sponsor has the commitments of established PDR tenants and/or a demonstrated relationship with organizations established in the PDR community.

   (h)   Cannabis-Related Uses. Except as otherwise specified in the Code, there shall be no minimum radius from a cannabis-related Use to an existing School, public or private; day care center; or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply.

   (i)   Non-Retail Sales and Service Use; Design Professional. In order to preserve and enhance active commercial frontage in the City’s Neighborhood Commercial Districts, a Design Professional use located on the First Story or below within any Neighborhood Commercial or Neighborhood Commercial Transit District must provide its services to the general public.

   (j)   Multiple Uses. Multiple Uses may exist simultaneously on one Lot or in one Structure. If there are two or more Uses on a Lot, any Use classified under this Code as an Accessory Use will be subject to applicable provisions concerning Accessory Uses. Any Use not classified as an Accessory Use will be considered separately as an independent Principal, Conditional, or temporary Use, subject to applicable provisions of this Code concerning each independent Use.

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 182-19, File No. 190248, App. 8/9/2019, Eff. 9/9/2019; Proposition H, 11/3/2020, Eff. 12/18/2020; 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. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024)

AMENDMENT HISTORY

Division (a)(4) added; Ord. 73-15, Eff. 6/27/2015. Division (e)(1)(B) amended; other nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (e)(1)(B), (f), (f)(1), (f)(1)(C)-(D), (f)(1)(D)(ii), (f)(1)(D)(iv), (f)(1)(E), and (g)(1)(D) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)(5)-(a)(5)(C), (c)(3), and (h) added; divisions (c)(1), (d), (d)(1), (e)(1)-(e)(1)(C) amended; Ord. 229-17, Eff. 1/5/2018. Divisions (e)(1)(F)-(H) deleted; former division (e)(1)(I) redesignated as division (e)(1)(F); division (g) deleted; divisions (g)(1)-(g)(1)(E) redesignated as divisions (g)-(g)(5); current divisions (g), (g)(1)- (g)(1)(F), and (g)(3) amended; division (i) added; Ord. 202-18, Eff. 9/10/2018. Divisions (a)(6)-(a)(6)(C) added; Ord. 182-19, Eff. 9/9/2019. Divisions (a)(6)- (a)(6)(C) added; Ord. 182-19, Eff. 9/9/2019. Divisions (a)(7)-(a)(7)(E) added; Proposition H, 11/3/2020, Eff. 12/18/2020. Division (a)(4) amended; Ord. 233-21, Eff. 1/22/2022. Division (a)(4) amended; Ord. 37-22, Eff. 4/14/2022. Divisions (a)(8)-(a)(8)(B) added; Ord. 75-22, Eff. 6/13/2022. Division (b)(2)(D)(iii) amended; divisions (b)(4) and (b)(5) added; Ord. 190-22, Eff. 10/17/2022. Division (a)(7) amended; divisions (e)(2)-(e)(2)(H) added; Ord. 70-23, Eff. 6/3/2023. Divisions (f)(1) and (f)(1)(D) amended; former division (f)(1)(D)(iv) deleted; former divisions (f)(1)(D)(v)-(vi) redesignated as (f)(1)(D)(iv)-(v); Ord. 248-23, Eff. 1/14/2024. Division (j) added; Ord. 249-23, Eff. 1/14/2024.

Editor's Note:
   Prior to the addition of this section to the Code as part of the substantial revision effected by Ord. 22-15, portions of this section were codified under other section numbers as follows: division (b) was codified as Sec. 229, division (c)(1) was codified as Sec. 102.35(c), divisions (c)(2)(A)-(F) were codified as Sec. 102.35(a), and division (f)(1) was codified as Sec. 102.6.1. See those former sections for prior legislative history relating to those provisions.