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No City official, department, board or commission shall issue or approve a building permit or other land use entitlement authorizing a new Live/Work Unit as defined in Section 102 of this Code, except as authorized as an accessory use under Section 204.4. Lawfully approved Live/Work Units are subject to the nonconforming use provisions of Section 181 of this Code.
AMENDMENT HISTORY
Former Sec. 233 redesignated as Sec. 202.6 and amended; Ord. 22-15, Eff. 3/22/2015.
(a) In order to preserve the existing stock of buildings suitable for industrial activities and to create new viable space for Industrial Uses, as defined in Section 102, in PDR Districts, an industrial building that is not unsound and is proposed for demolition must be replaced by a new building that complies with the criteria set forth below:
(1) If the building proposed for demolition represents greater than 0.4 FAR, then the replacement building shall include at least one square foot of Industrial Use for each square foot of Industrial Use in the building proposed for demolition.
(2) If the building proposed for demolition represents 0.4 FAR or less, then the replacement building shall include at least two square feet of Industrial Use for each square foot of Industrial Use in the building proposed for demolition.
(b) Definitions. For the purpose of this Subsection, the following definitions shall apply:
(1) Unsound shall refer to buildings in which rehabilitation would cost 50 percent or more to construct a comparable building.
(2) An industrial building shall mean any building containing any Industrial Use.
AMENDMENT HISTORY
The following controls shall apply in the following Eastern Neighborhoods Plans Areas: Mission; Eastern SoMa; Western SoMa; and, if adopted, Central SoMa. Notwithstanding any other provision of this Code, conversion of building space where the prior use in such space was a Production, Distribution, and Repair (PDR) use of at least 5,000 square feet, an Institutional Community use of at least 2,500 square feet, or an Arts Activities use, all as defined in Section 102, through change in use or any other removal, including but not limited to demolition of a building that is not unsound, shall be subject to the following requirements; except that this Section 202.8 shall not apply to conversions of any use listed above to any other use listed above or to Institutional uses, in buildings under 25,000 ground floor square feet, in the areas that, as of July 1, 2016, were zoned SALI, MUO, SLI, MUG, or MUR:
(a) To preserve the existing stock of building space suitable for PDR, Institutional Community, and Arts Activities uses, such conversion shall, if located within the following zoning districts, require conditional use authorization under Section 303 and the space proposed for conversion shall be replaced in compliance with the following criteria:
(1) In the areas that, as of July 1, 2016, are zoned SALI, the replacement space shall include one square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
(2) In the areas that, as of July 1, 2016, are zoned UMU, MUO, or SLI, the replacement space shall include 0.75 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
(3) In the areas that, as of July 1, 2016, are zoned MUG or MUR, the replacement space shall include 0.50 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion.
(4) For any project located in the areas that, as of July 1, 2016, are zoned SALI, UMU, MUO, SLI, MUG, or MUR, that would convert at least 15,000 square feet of PDR, Institutional Community, or Arts Activities use, and for which an Environmental Evaluation application was submitted to the Planning Department by June 14, 2016, the replacement space shall include 0.4 square foot of PDR, Institutional Community, or Arts Activities use for each square foot of the use proposed for conversion. Notwithstanding the foregoing sentence, should the Board of Supervisors overturn any such project’s environmental review on appeal, such project shall provide replacement space as required by subsections (a)(1), (2), or (3) above, as applicable.
(5) The replacement requirements of subsections (a)(1), (2), (3), and (4) may be reduced by 0.25 square feet (e.g. a 1:1 replacement requirement becomes a 1:0.75 replacement requirement) for any project subject to any contract or agreement meeting the requirements of California Civil Code Section 1954.28(d), including but not limited to a development agreement approved by the City under California Government Code Section 65864 et seq. if, as part of the terms of such agreement, the required replacement space is rented, leased, or sold at 50% below market rate for such commercial space for a period of not less than 55 years and is subject to a deed restriction.
(6) In the UMU, replacement space for PDR and Arts Activities use may be used for either PDR or Arts Activities use, regardless of which of those uses is proposed for conversion. Replacement space for Institutional Community use shall be used for Institutional Community use.
“Prior use” shall mean the prior permanent and permitted use and shall not include any approved temporary uses such as “pop-up” eating establishments, craft fairs, or other seasonal uses.
“Replacement space” shall mean newly developed building space and shall not include building space that was previously used for PDR, Institutional Community, or Arts Activities.
“Unsound” shall mean a building for which rehabilitation to comply with City Codes for continued use as PDR, Institutional Community, or Arts Activities use, as applicable, would cost 50% or more of the cost to construct a comparable building.
(c) The amount of replacement space required under subsection (a) (1) may be reduced by the amount that is necessary to provide building entrances and exits; maintenance, mechanical, and utilities facilities; and on-site open space and bicycle facilities required under this Code; provided that no reduction shall be permitted for non-car-share vehicle parking spaces.
(d) Undeveloped property. The requirements of this Section 202.8 shall only apply to those portions of a site that are developed with building space where the prior use in such space was PDR use of at least 5,000 square feet, an Institutional Community use of at least 2,500 square feet, or an Arts Activities use.
(e) In determining whether to grant Conditional Use authorization, in addition to making the required findings under Section 303, the Planning Commission shall consider the suitability of the replacement space for the use proposed for conversion.
(1) Any property under the jurisdiction of the Port of San Francisco or the Recreation and Park Commission; all Redevelopment Plan Areas in effect as of July 1, 2016; and any parcel zoned P (Public) on or after July 1, 2016.
(2) Any project where the PDR use, Institutional Community use, or Arts Activities use subject to conversion commenced after June 14, 2016.
(3) Any project that has been approved by the Planning Department or Planning Commission by June 14, 2016, provided that, if subsequently appealed, such approval is upheld.
(4) Any project that would convert less than 15,000 square feet of PDR, Institutional Community, or Arts Activities use and for which an Environmental Evaluation application was submitted to the Planning Department by June 14, 2016.
(5) Any public transportation project.
(6) Any project that receives affordable housing credits associated with retention of affordable units at the South Beach Marina Apartments, pursuant to Board of Supervisors Resolution No. 197-16.
(7) Any project where all of the residential units with the exception of the manager’s unit are affordable housing units, as that term is defined in Section 406(b)(1). If feasible, such projects shall make efforts to replace any converted PDR, Institutional Community, and Arts Activities uses.
(8) Any property in the Western SoMa Plan Area if the actual use functioning on the property as of September 8, 2014, as determined by the Zoning Administrator, was principally permitted, and not a PDR, Institutional Community, or Arts Activities use, such that a legal conversion could have been approved prior to October 9, 2014. This exemption applies only to conversions of uses smaller than 25,000 square feet.
(9) Any project that proposes to convert no more than 50% of the property’s PDR, Institutional Community, or Arts Activities space, provided that such space is located within a landmark designated under Article 10 of the Planning Code or individually listed on the National Register of Historic Places as of July 1, 2016 and that no more than 49,999 square feet is converted to office use. Additionally, any such project that is also subject to a contract or agreement meeting the requirements of California Civil Code Section 1954.28(d), which, as part of the terms of such contract or agreement, rents, leases, or sells at 50% below market rate the property’s remaining PDR, Institutional Community, or Arts Activities space, may convert an additional 25% of the property’s PDR, Institutional Community, or Arts Activities space exempt from the requirements of this Section 202.8, for a total of 75% exempted conversion. The City department negotiating the contract or agreement shall determine the market rate using accepted best practices for this purpose. Such below market rate rental, lease, or sale shall be for a period of not less than 55 years and subject to a deed restriction. The exemptions set forth in this subsection 202.8(f)(9) may be approved through multiple project applications so long as no more than a total of 50% (or 75% if restricting the commercial rent of the property as set forth herein) of the property’s PDR, Institutional Community, or Arts Activities space is converted under this exemption.
(g) This Section 202.8 shall not authorize a change in use if the new use or uses are otherwise prohibited.
(h) In Lieu Fee and Off-Site Replacement. The Board of Supervisors may enact an ordinance adopting an in lieu fee and/or regulating off-site replacement. The proceeds from any such in lieu fee shall be used for the preservation and rehabilitation of existing PDR, Institutional Community, and Arts Activities spaces in the area plan area where the project paying the fee is located.
(i) The Board of Supervisors by ordinance and by at least a two-thirds vote of all its members may amend this Section 202.8 at any time after its effective date.
AMENDMENT HISTORY
(b) Requirements.
(1) Underlying Uses incorporated into Flexible Retail. Flexible Retail, as defined in Section 102, incorporates two or more specific uses. Each such use must be Principally Permitted in the underlying zoning district. If a use requires a Conditional Use Authorization in the underlying zoning district, then a Conditional Use Authorization must be obtained before such use may be permitted as part of a Flexible Retail Use.
(2) Minimum of two Uses. A Flexible Retail Use must operate with at least two Uses at any given time.
(c) Abandonment. A Flexible Retail Use must operate with at least two uses at any given time. A Flexible Retail Use that operates only one Use for a period of 90 days or more shall be deemed abandoned, and no new Flexible Retail Use shall be restored without the issuance of a new building permit. However, based on a good faith showing that the operator has diligently attempted to locate and establish a second permitted Use within the Flexible Retail Use, the Zoning Administrator may grant a 90-day extension. If such extension passes without a second permitted Use established within the Flexible Retail Use, then the Flexible Retail Use shall be deemed abandoned.
AMENDMENT HISTORY
(a) Purpose. To encourage the use of Dwelling Units for long-term occupancy by permanent San Francisco residents with initial terms of occupancy of at least one year, the following provisions shall apply to Intermediate Length Occupancy units.
(b) Controls.
(1) Permitting. Intermediate Length Occupancy units shall be permitted as follows:
(A) Any application to establish an Intermediate Length Occupancy Use Characteristic shall:
(i) Specifically identify the unit proposed to be permitted as an Intermediate Length Occupancy unit; and
(ii) Include a proof to the Department’s satisfaction that the proposed Intermediate Length Occupancy unit is located within a building that has no outstanding Notice of Violations.
(B) Additional requirements for specific buildings sizes:
(i) Intermediate Length Occupancy units are prohibited in buildings with three or fewer Dwelling Units.
(ii) For buildings with four to nine Dwelling Units, requests to authorize the establishment of an Intermediate Length Occupancy Use Characteristic shall be principally permitted, provided that no more than 25% of the Dwelling Units in the building may be permitted as Intermediate Length Occupancy units.
(iii) For buildings with 10 or more Dwelling Units, Intermediate Length Occupancy units shall be prohibited, unless authorized pursuant to a conditional use authorization, provided that the Planning Commission shall find, in addition to compliance with the criteria of Section 303, that the following criteria are met:
a. No more than 20% of the Dwelling Units in the building may be permitted as Intermediate Length Occupancy units.
b. That not less than two thirds of the total allowable Intermediate Length Occupancy units be in the downtown core, with the policy goal of keeping such uses near corresponding hotel and tourism districts, and job centers.
c. That not more than one third of the total allowable Intermediate Length Occupancy units be permitted in Census Tracts in sensitive communities, as defined by the UC Berkeley Urban Displacement Project Sensitive Communities map.
(2) Maximum Amount. No more than 1,000 Intermediate Length Occupancy units shall be permitted in the City.
(A) Any Dwelling Unit that is defined as Student Housing in Section 102;
(B) A Residential Hotel unit subject to the provisions of Administrative Code Chapter 41; or
(C) An organization with tax-exempt status under 26 United States Code Sections1
501(c)(3) providing access to the unit in furtherance of its primary mission to provide housing, provided that any organization that provides a Dwelling Unit offered for occupancy by a natural person for an initial stay, whether through lease, subscription, license, or otherwise, for a duration of greater than 30 consecutive days but less than one year must comply with the reporting requirements in subsection (d).
(4) Ineligible units. The following shall not be eligible to be permitted as Intermediate Length Occupancy units:
(A) Dwelling Units that are subject to the City’s Inclusionary Affordable Housing Program set forth in Sections 415.1. et seq., or otherwise designated as below market rate or income-restricted under City, state, or federal law;
(B) Dwelling Units that are subject to the rent increase limitations in Administrative Code Section 37.3 shall not be eligible to be Intermediate Length Occupancy units.
(c) Compliance.
(1) Abandonment. Any Dwelling Unit permitted as an Intermediate Length Occupancy unit pursuant to this subsection (b) may be offered for an initial term of occupancy of one year or greater without losing the Use Characteristic, provided that the Use Characteristic shall be considered abandoned if discontinued or otherwise abandoned for the time periods specified in Article 1.7.
(2) Compliance Schedule. Within six months of the Effective Date of this ordinance in Board File No. 191075, the Department shall develop and publish procedures for evaluating requests to establish Intermediate Length Occupancy units. The owner or operator of each Intermediate Length Occupancy unit must submit a complete application within 24 months of the Effective Date of this ordinance in Board File No. 191075.
(d) Annual Reports. No later than March 1 of each year, the owner or operator of each Intermediate Length Occupancy unit shall submit to the Department an Annual Unit Usage Report for the prior calendar year containing the following information:
(1) The address and location of the Intermediate Length Occupancy unit.
(2) The number of times the unit was occupied by a natural person for an initial stay, whether through lease, subscription, license, or otherwise, for a duration of greater than 30 consecutive days but less than one year, including the duration and dates of each of those stays.
(3) The average duration of each stay.
(4) The average vacancy between each stay.
(5) The nature of the services, if any, that are provided to occupants of the Intermediate Length Occupancy units, including furnishings, or other amenities, and whether there has been an increase or decrease in the services since the last report.
(Added by Ord. 78-20, File No. 191075, App. 5/22/2020, Eff. 6/22/2020)
CODIFICATION NOTE
Editor’s Note:
Section 202.14 was originally designated 202.11 when enacted by Ord. 149-21, effective 10/30/2021, and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.
Notwithstanding any other provision of this Article 2, for the three years following the effective date of the ordinance in Board File No. 210808 adopting this Section 202.12, a change in use or demolition of a Laundromat use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303. In acting on any application for Conditional Use authorization for changes in use or demolition of a Laundromat use, the Commission may consider the following criteria in addition to the criteria set forth in Section 303(c) and (d) of this Code:
(a) Whether comparable Laundromat uses and services are available in the immediate vicinity that are accessible to seniors, people with disabilities, and other residents;
(b) Whether, in the three years immediately prior to the date of the application for Conditional Use authorization, the rate of Laundromat closures in the immediate vicinity of the proposed change of use and/or citywide exceeds the rate of new Laundromat uses or equally accessible alternatives;
(c) Whether the proposed change in use would serve the essential needs of lower-income residents; and
(d) Whether the proposed change in use is in a census tract where at least 17% of the households had income at or below the federal poverty level.
(Added by Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/2021)
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