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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: FOOD PURCHASES AT HOSPITALS OPERATED BY THE DEPARTMENT OF PUBLIC HEALTH AND JAILS OPERATED BY THE SHERIFF’S DEPARTMENT
CHAPTER 21E: GOODS OR SERVICES CONTRACTS FOR INCARCERATED PERSONS
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: APPROVAL OF POWER PLANT; PLANNING CODE SEC. 303(q) CRITERIA
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 37B: MIDTOWN PARK APARTMENTS
CHAPTER 37C: EVICTION PROTECTIONS FOR COMMERCIAL TENANTS DURING COVID-19 PANDEMIC
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 41G: RESIDENTIAL HOTEL COVID-19 PROTECTIONS
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 107C: AMERICAN INDIAN CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 111: HOUSING REPORTS FOR SENIORS AND PEOPLE WITH DISABILITIES
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
CHAPTER 122: CLOSURE OF COUNTY JAIL 4
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: [REPEALED]
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: [REPEALED]
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 29: VACANCY TAX ORDINANCE
ARTICLE 30: CANNABIS BUSINESS TAX
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
ARTICLE 36: COMMERCIAL RENTS TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 11B: HEALTHY BUILDINGS
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
ARTICLE 46: OVERDOSE PREVENTION PROGRAMS
ARTICLE 47: ADULT SEX VENUES
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 33K: RIGHT TO REEMPLOYMENT FOLLOWING LAYOFF DUE TO COVID-19 PANDEMIC
ARTICLE 33L: PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF COVID-19 STATUS
ARTICLE 33M: GROCERY STORE, DRUG STORE, RESTAURANT, AND ON-DEMAND DELIVERY SERVICE WORKER PROTECTIONS
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 36D: GUN VIOLENCE RESTRAINING ORDERS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 53: REGULATION OF THIRD-PARTY FOOD DELIVERY SERVICES
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
ARTICLE 56: MOTOR VEHICLE STUNT DRIVING
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
Comprehensive Ordinance List
San Francisco Building Inspection Commission (BIC) Codes
SEC. 249.90.  BALBOA RESERVOIR SPECIAL USE DISTRICT.
   (a)   Purpose and Boundaries. A Special Use District entitled the “Balboa Reservoir Special Use District” (the SUD) is hereby established, bounded by the City College of San Francisco Ocean Campus to the east, Archbishop Riordan High School to the north, the Westwood Park neighborhood to the west, and a San Francisco Public Utilities Commission parcel containing a water pipeline that is adjacent to a mixed-use multifamily residential development along Ocean Avenue to the south. The precise boundaries of the SUD are shown on Sectional Map SU12 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Balboa Reservoir Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Clerk of the Board of Supervisors File No. 200423. The intent of the SUD is to establish a child- and family-friendly mixed-use residential neighborhood. The Project will provide several benefits to the City, such as a significant amount of new housing, including a high percentage of affordable and educator housing, publicly accessible open space, a child care facility and community room, retail space, and extensive infrastructure improvements, while creating jobs and a vibrant environmentally sustainable community.
   (b)   Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.90. If there is a conflict between other provisions of the Planning Code and this Section 249.90, this Section 249.90 shall prevail.
   (c)   Relationship to Design Standards and Guidelines. The Design Standard and Guidelines (“DSG”), adopted by the Planning Commission by Motion No. 20734 on May 28, 2020, and as may be amended from time to time, sets forth design standards and guidelines applicable within the SUD. A copy of the DSG is on file with the Clerk of the Board of Supervisors in File No. 200423. Any capitalized term in this Section 249.90, and not otherwise defined in this Section or elsewhere in the Planning Code shall have the meaning ascribed to it in the DSG. This Section, the remainder of the Planning Code, and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is a conflict between the DSG and either this Section or the remainder of the Planning Code, this Section or the other provision of the Planning Code shall prevail. Subject to this Section 249.90(c), if a later amendment to any provision of the Planning Code, including this Section 249.90, results in a conflict with the DSG, such amended Planning Code provision shall prevail. Amendments to the DSG may be made by the Planning Commission upon initiation by the Planning Department or upon application by Developer, but if there is a conflict between an amendment to the DSG and this Section or the remainder of the Planning Code, as applicable, this Section or other provision of the Planning Code shall prevail unless and until such time as this Section or the remainder of the Planning Code is amended to be consistent with the amendment to the DSG. The Planning Director may approve minor amendments to the DSG to clarify its provisions. For the purposes of this subsection (c), “minor amendments” shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement.
   (d)   Relationship to the Development Agreement. This Section 249.90 shall be read and construed consistent with the Development Agreement, and all development within the Project Site that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect.
   (e)   Definitions. For purposes of this Section 249.90, the following definitions shall apply. If not expressly superseded by definitions set forth in this subsection (e), all definitions of the Planning Code shall apply.
      “Active Use” means use that consists of a Retail Sales and Service, Entertainment, Arts, Recreation, Child Care, Community Facility, or Residential use.
      “Articulated Roof Form” means roof forms that consist of any shape with a minimum average roof slope of not less than 2:12. Articulated roof forms include wall extensions of the occupied enclosed space of the top floor and unoccupied architectural features, such as parapets, extending above the roof of the topmost floor.
      “Block” means a Building Project block or a Publicly Accessible Open Space block as depicted on Figure 249.90-1.
      “Building Project” or “Building” means the construction of a building or group of buildings within the Project Site.
      “Building Standards” means the standards applicable to Building Projects and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (g) below and the standards and guidelines designated as such in the DSG. It does not mean Building Code requirements under either the California or San Francisco Building Codes, which this Section 249.90 and the DSG do not override.
      “Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours.
      “Design Standards and Guidelines” or “DSG” shall mean the Balboa Reservoir Design Standards and Guidelines adopted by Planning Commission Motion No. 20734, and as may be amended from time to time. The Design Standards and Guidelines is incorporated into this Section 249.90 by reference.
      “Developer” means the BHC Balboa Builders, LLC, a California limited liability company, or its successor(s). Developer also may be an applicant.
      “Development Agreement” means the Development Agreement by and between the City and the Developer, approved by the Board of Supervisors by the ordinance in Board File No. 200423, and as may be amended from time to time.
      “Development Phase Application” means an application for each Building phase of the Project that describes at a minimum, the Block numbers, the Master Infrastructure Plan elements, and vertical improvements proposed in the phase, including number and sizes of affordable housing units, number and sizes of market rate housing units, and square footage of retail, arts activity, community facility and child care square space, and publicly accessible open space. The Development Phase Application also shall include a list of any requested Minor or Major Modifications that are contemplated to be requested in the phase.
      “Frontage” means the vertical exterior face or wall of a Building and its linear extent that is adjacent to or fronts on a street, right-of-way, or open space.
      “Kiosk” means a Building or other structure that is set upon the ground and is not attached to a foundation, such as a shipping container, trailer, or similar structure, from which food service and/or retail business is conducted. A Kiosk may operate in a Publicly Accessible Open Space, and remain in place until the business operation is terminated or relocated.
      “Major Modification” means a deviation of more than 10% from any dimensional or numerical standard in the Planning Code, this Section 249.90, or in the DSG, except as explicitly prohibited per subsection (g) below.
      “Mass Reduction” means one or more breaks in a Building that reduce the horizontal scale of the Building into discrete sections.
      “Master Infrastructure Plan” or “MIP” shall mean the Balboa Reservoir Master Infrastructure Plan approved by the Board of Supervisors as part of the Development Agreement and found in Clerk of the Board of Supervisors File No. 200423, and as may be amended from time to time.
      “Minor Modification” means a deviation of up to 10% from any dimensional or numerical standard in the Planning Code, this Section 249.90, or in the DSG, except as explicitly prohibited per subsection (g) below, or any deviation from any non-dimensional or non-numerical standard in the DSG.
      “Multifamily Housing” means a residential Building where multiple separate housing units for residential inhabitants are contained within one Building.
      “Privately-Owned Community Improvement,” means those facilities and services that are privately-owned and privately-maintained, at no cost to the City (other than any public financing set forth in the Financing Plan, a Development Agreement exhibit), for the public benefit, but not dedicated to the City. Privately-Owned Community Improvements include certain pedestrian paseos, storm drainage facilities, publicly accessible open spaces.
      “Project” means the Balboa Reservoir Project.
      “Project Site” means the approximately 16.5 acre site shown on Figure 249.90-1 that is within the SUD. The 80-foot wide strip of land along the southern boundary of the west basin that contains SFPUC pipelines is regulated by the Development Agreement, but is not part of the Project Site or within the SUD and remains within a P (Public) zoning district.
      “Publicly Accessible Open Space” means a usable open space that is accessible to the public, including an unenclosed park or garden at street grade or following the natural topography, improvements to hillsides or other unimproved public areas, an unenclosed plaza at street grade, or an unenclosed pedestrian pathway, or a shared pedestrian/vehicular right-of-way.
      “Residential Use” means uses that provide housing for San Francisco residents, rather than visitors, including Dwelling Units, Group Housing, Senior Housing, and Student Housing.
      “Retail Sales and Services” means the use described in Section 102, except for Retail Automobile Uses, Adult Business, Hotel, Motel, and Self-Storage.
      “Step Back” means a reduction of one or more stories in a portion of one or more upper stories of a Building.
      “Streetwall” means a continuous façade of a Building and/or Buildings along a street Frontage.
      “Townhouse” means a single-family dwelling unit that shares a wall with another dwelling and with direct access into the dwelling unit from a street or Publicly Accessible Open Space that does not require access through a lobby, corridor, or other common indoor space shared with other housing units.
   (f)   Development Controls. This SUD, as established in Section 249.90, and other Planning Code Sections referenced herein establish all zoning controls for the Project Site.
   (g)   Uses.
      (1)   Balboa Reservoir Special Use District Zoning Designations. As shown on the Zoning Map, the SUD is co-terminus with the Balboa Reservoir Mixed Use District (BR-MU). This SUD, as established in Section 249.90, and other Planning Code Sections referenced herein establish all zoning controls for the BR-MU district.
      (2)   Permitted Uses. The following Uses set forth in Table 249.90-1: Balboa Reservoir Land Uses shall be permitted within the different Blocks of the SUD shown in Figure 249.90-1, where P means Permitted Use and NP means Non-permitted Use. All other uses not stated are prohibited.
   Figure 249.90-1 Balboa Reservoir Land Use Map
Table 249.90-1 Balboa Reservoir Land Uses
 
Permitted Use Category
A
B
C
D
E
F
G
H
TH1
TH2
J
K, L, O
Publicly Accessible Open Space
P
P
P
P
P
P
P
P
P
P
P
P
Residential Use
P
P
P
P
P
P
P
P
P(1)
P(1)
NP
NP
Child Care Facility
P
P
P
P
P
P
P
P
P
P
P(4)
P(4)
Community Facility (2), (3)
P
P
P
P
P
P
P
P
NP
NP
NP
NP
Retail Sales and Services (2)
P
P
P
P
P
P
P
NP
NP
NP
NP
NP
Arts Activities (2)
P
P
P
P
P
P
P
NP
NP
NP
NP
NP
Carts and Kiosks (5)
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
Public Parking Garage
P
P
P
P
P
P
P
P
NP
NP
P(6)
NP
 
(1)   Only Townhouse units are allowed
(2)   All non-residential uses except multi-story parking garages are allowed only on the ground floor and below
(3)   As defined in Section 102, except Health Care uses are not allowed
(4)   Child care open space only
(5)   Carts and Kiosks are allowed in Block J subject to Subsection (g)(8)(N)
(6)   Below grade only as shown in Figure 249.90-1
 
      (3)   Temporary Uses. Temporary Uses are permitted consistent with Planning Code Sections 205.1 through 205.4 for Neighborhood Commercial Districts.
      (4)   Interim Uses.
         (A)   Prior to completion of the Project, one or more Public or Private Parking Lots, including construction worker parking lots, shall be permitted without regard to the provisions regulating automobile parking set forth in Sections 155, 156, 303(t) or (u), and other provisions of Article 1.5 of this Code, and such parking lot(s) shall not be required to be surrounded by a fence or wall.
         (B)   Prior to completion of the Project, certain other interim uses may be authorized for a period not to exceed five years by the Planning Director, without a public hearing if the Planning Director finds that such Interim Use will not impede orderly development consistent with this Section 249.90, the DSG, and the Development Agreement. Any authorization granted pursuant to this subsection 249.90(g)(4)(B) shall not exempt the Developer from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application for the proposed Interim Use. Permitted Interim Uses shall include, but are not limited to:
            (i)   Retail Sales and Services;
            (ii)   Entertainment, Arts, and Recreation, including but not limited to temporary art installations, exhibits, and sales, recreational facilities and uses (such as play and climbing structures and outdoor fitness classes), and temporary structures to accommodate events (such as stages, seating, and support facilities for patrons and operations);
            (iii)   Institutional Education Use, including but not limited to after-school day camp and activities;
            (iv)   Site management service, administrative functions, and customer amenities and associated loading;
            (v)   Rental or sales offices incidental to new development; and
            (vi)   Trailers, recreational vehicles, or other temporary housing for construction workers, seasonal labor, or other workforce employment needs.
      (5)   Residential Density. The dwelling unit and group housing density limits applicable in the RM-3 District, as it may be modified pursuant to Section 304, shall govern residential density within the SUD. However, greater residential density than permitted in an RM-3 District may be provided on individual Blocks, as long as the overall density of the SUD does not exceed the density allowed in a RM-3 District, as it may be modified pursuant to Section 304, for the entire SUD.
      (6)   Minimum Dwelling Unit Mix. No less than 30% of the total aggregate number of proposed dwelling units in the SUD shall contain at least two bedrooms, and no less than 10% of the total aggregate number of proposed dwelling units in the SUD shall contain at least three bedrooms, for a total of 40% of units with two bedrooms or more. The minimum dwelling unit mix may be less on any individual Block than otherwise required provided the total dwelling unit mix in the SUD shall not be less than the minimum dwelling unit mix upon completion of the Project.
      (7)   Floor Area Ratio. There shall be no floor-area-ratio limit within the SUD.
      (8)   Building Standards.
         (A)   Building Height. For purposes of the SUD, the height limits shall be as set forth in Section Map HT12 of the Zoning Map and as further limited and detailed in Figure 249.90-2: Building Height Maximums, and as further governed by this Section 249.90 (g)(8)(A). Section 260(b) applies to the SUD, except that those listed in this subsection 8(A) may extend above the maximum allowable height. The sum of the horizontal areas of all features do not exceed 20 percent of the horizontal area of the roof above which they are situated as set forth in Section 260(b)(1):
            (i)   Rooftop enclosed utility sheds designed exclusively for the storage of landscaping, gardening supplies, and related equipment for living roofs are allowed to extend above the maximum allowable height by not more than 10 feet, provided they do not exceed 100 square feet of gross area.
            (ii)   Projections to accommodate additional ceiling height at common amenity spaces located on the floor immediately below the roof are allowed to extend above the maximum allowable by not more than two feet.
            (iii)   Articulated Roof Forms are allowed to exceed the maximum allowable height by a maximum of 6 feet, measured to the average height of rise as set forth in Planning Code Section 260(a), provided that the sum of the horizontal areas of articulated roof forms and features listed in Section 260(b)(1) and this subsection (8)(A) do not exceed 40 percent of the horizontal area of the roof above which they are situated. Additionally, Articulated Roof Forms shall comply with the standards and guidelines set forth in the DSG Chapter.
   Figure 249.90-2 Height Limit Map
         (B)   Building Bulk. There are no bulk limits in this SUD.
         (C)   Setbacks. Minimum setbacks of the façade of Buildings from street rights of way and from publicly accessible open space shall be provided in the locations and depth shown in Figure 249.90-3.
   Figure 249.90-3 Minimum Building Setbacks
         (D)   Streetwall. A streetwall is required at all Building frontages facing public right of ways, publicly accessible open spaces, and paseos. The required streetwalls shall be located at the setback line or at the property line where there is no setback control. Streetwalls may be offset from the setback line or property line by not more than two feet towards the interior of the Block. Streetwalls shall be provided at not less than 60% of the total area of the Building facade area. Openings to interior courtyards and other breaks in the streetwall that are required under Mass Reduction shall not count towards the required streetwall.
         (E)   Mass Reduction. Buildings taller than 48 feet with a frontage exceeding 180 feet in length shall incorporate at least one of the following Mass Reduction strategies:
            (i)   Exterior Recess. Provide a recess at Building exterior with a minimum width of 15 feet and minimum depth of 10 feet from the Building wall extending vertically for height at least 75% of the height of the facade. The recess may start at second floor or may terminate at the top floor.
            (ii)   Vertical Elements. Provide a combination of elements consisting of recess and/or projection with a minimum width of 10 feet, minimum depth of five feet, and extending vertically for a height equal to at least 75% of the height of the facade. The cumulative base footprint area of all vertical elements on a frontage shall equal a minimum of 150 square feet to qualify as a mass reduction strategy. Balconies at vertical elements are allowed if the railings are visually differentiated from the main facade.
            (iii)   Alternative means of satisfying the mass reduction requirement for all Blocks shall be as set forth in the DSG.
         (F)   Step Backs at Upper Floors. Each of the Buildings on Blocks A, B, C, D, E, F, and G shall provide one or more step backs at the top floor. The intent of the step backs is to articulate Building silhouettes and to provide potential locations for roof terraces overlooking the shared open space. The required height reduction along West Street shall not count towards the required step back.
            (i)   Blocks A, C, and E shall provide a one-story contiguous step back equal to 15% of the roof area or one-story non-contiguous step backs equal to 25% of the roof area. The contiguous step backs shall have a minimum horizontal dimension of not less than 10 feet.
            (ii)   Blocks B, D, F, and G shall provide a top floor step back equal to 10% of the roof area. These step backs may be located in a single contiguous element or may be comprised of multiple elements provided each step back area has a minimum horizontal dimension of not less than 10 feet in all directions.
         (G)   Obstructions. At multifamily buildings, obstructions into setback areas and/or public right of ways are allowed subject to compliance with Planning Code Section 136, in accordance with the following exceptions: Obstructions into required setback areas and/or public right of ways may be up to four feet in horizontal depth, subject to the other limitations set forth in Section 136.
         (H)   Setback Requirements; Waiver of Planning Code Sections 132, 133, and 134. Rear yard, side yard, or front yard setback requirements shall be set forth in the SUD and DSG in lieu of the provisions of Section 132, 133, and 134.
         (I)   Unit Exposure. For all residential units, the required window (as defined by Section 504 of the San Francisco Housing Code) of at least one room that meets the requirement of Section 503 of the Housing Code shall face directly onto an open area of one of the following types:
            (i)   A public street, public alley, or paseo at least 25 feet in width in Blocks A, B, C, D, E, F, and G, and 20 feet in width in Blocks TH1, TH2, and H.
            (ii)   An open area, an inner court, or a space between separate Buildings on the same Block, which is unobstructed (except for obstructions listed in Planning Code Section 136) and is no less than 25 feet in every horizontal dimension in Blocks A, B, C, D, E, F, and G or 20 feet in every horizontal dimension in Blocks TH1, TH2, and H.
         (J)   Usable Open Space. The usable open space requirement for dwelling units shall be 40 square feet of private or common usable open space per unit. For Group Housing, the minimum usable open space requirements shall be one-third the amount specified in this subsection (I) for a dwelling unit. Required usable open space shall be on the same Block as the unit it serves. Publicly Accessible Open Space, streets, and paseos on Blocks J, K, L, M, N, O, and P shall not count towards the required on-site usable open space.
            (i)   Any space credited as private usable open space shall have a minimum horizontal dimension of five feet and a minimum area of 35 square feet.
            (ii)   Any space credited as common usable open space shall have a minimum horizontal dimension of 10 feet and a minimum area of 150 square feet and 30 percent of the common usable open space shall be planted.
            (iii)   Inner courts in which the enclosing Building walls are four stories or more in height shall be large enough to inscribe a rectangular area 30 feet by 40 feet within the enclosing walls.
            (iv)   Outer courts in which enclosing Building walls are four stories or more shall be large enough to inscribe a rectangular area 25 feet by 25 feet within the enclosing walls.
            (v)   Space that is accessible for automobiles shall not count towards usable open space in any Block.
         (K)   Ground Floor Floor-to-Floor Height. The minimum ground floor floor-to-floor height of non-residential uses, lobbies and residential common areas shall be 15 feet in Blocks A, B, C, and D and 12 feet in Blocks E and F. The minimum ground floor floor-to-floor height for residential uses shall be 10 feet, except for townhouse units which shall have no minimum floor-to-floor height.
         (L)   Ground Floor Activation. The ground floor activation standards set forth in the DSG Chapter 7 shall apply in the SUD.
         (M)   Parking Garages. The standards and guidelines for the location, depth, and exterior frontages of parking garages set forth in the DSG Chapter 7 shall apply in the SUD. With the exception of space allowed for parking and loading access, Building egress, and Building services, above grade parking on any Block shall be wrapped at all stories with a liner of Active Use not less than 20 feet in depth from all facades facing streets and Publicly Accessible Open Spaces.
         (N)   Signage. One identifying sign shall be permitted for each residential Building, except for townhouse Blocks, where one identifying sign shall be permitted per Block. Sign controls set forth in Section 607.1 for RC Districts shall apply to signs for non-residential uses.
         (O)   Carts and Kiosks. The standards and guidelines for Kiosks and Carts set forth in the DSG shall apply in the SUD.
      (9)   Off-Street Automobile Parking and Loading. The location and design standards for off-street automobile parking shall be governed by the DSG. There is no minimum off-street parking or loading requirement for any use in the SUD, except that there shall be a minimum of 200 off-street parking spaces in the SUD, and that Buildings in Blocks A, B, C, D, E, F, and G containing 100,000 gross square feet or more of residential space and a parking garage shall provide at least one off-street loading space meeting the dimensional requirements of standard 7.24.2 of the DSG.
         (A)   Maximum Off-Street Parking. The number of off-street parking spaces within this SUD shall not exceed the following:
Table 249.90-2: Maximum Off-Street Parking Spaces per Land Use
 
Land Use
Off-Street Parking Ratio
Dwelling Units
0.5 space per unit
Group Housing
1 space per three bedrooms
All Non-Residential Uses
1 space per 500 gross square feet of Occupied Floor Area
Public Parking
450 spaces
 
Parking amounts for dwelling units, group housing, and non-residential uses may be greater on any individual Block than otherwise allowed by Table 249.90-2 provided the total number of spaces in the SUD shall not exceed the maximum upon completion of the Project. The maximum number of spaces for the Public Parking Garages shown in Table 249.90-2 shall be reduced by the number of parking spaces for dwelling units or group housing that are allowed to be used as public parking during any part of the day. In the event the Developer enters into an agreement with the adjacent property owner(s) to fund or build off-site public parking on the property adjacent to the eastern edge of the Project site, the maximum number of spaces for the Public Parking Garages also shall be reduced by the number of such off-site parking spaces that the Developer provides. The Planning Director shall determine whether these conditions are met pursuant to Transportation Exhibit, Exhibit J, of the Development Agreement. Car share parking spaces shall be provided in the amounts set forth in Section 166. The width and location of vehicular openings shall be as set forth in the DSG.
         (B)   Driveway and Loading Operations Plan. The purpose of a Driveway and Loading Operations Plan (DLOP) is to reduce potential conflicts between driveway and loading operations, such as passenger and freight loading activities, and pedestrians, bicycles, and vehicles. The goal of the plan is to maximize utilization of off-street space to accommodate loading demand, and to ensure that off-street loading is considered and attempted, to the extent physically and feasibly possible, in the design of new Buildings. The Developer shall prepare a DLOP in accordance with the Planning Code, Planning Department guidelines, and any standard environmental conditions.
      (10)   Bicycle Parking. Developer shall provide bicycle parking as required by the Planning Code, except that there shall be a minimum of 30 Class I spaces that are designed to accommodate oversized bicycles in the SUD.
      (11)   Waiver of Planning Code Section 138.1. The streetscape design set forth in the Master Infrastructure Plan and DSG sets forth the standards for pedestrian and streetscape improvements in the SUD.
      (12)   Waiver of Planning Code Section 169. The provisions of the Transportation Demand Management Program shall apply as required under Sections 169et seq. and any successor Sections, except that Section 169.4(a)-(d) shall not apply to the Project because the Project has already completed a Transportation Demand Management Plan and it is included as part of the Development Agreement, Exhibit J.
      (13)   Compliance with Article 4 of the Planning Code.
         (A)   Inclusionary Housing Requirements. The provisions of Sections 415et seq. shall not apply, except as otherwise stipulated in the Development Agreement.
         (B)   Other Impact Fees. For so long as the Development Agreement remains in effect, the Developer impact fees payable for any Building Project will be determined in accordance with the Development Agreement.
      (14)   Relationship to State or Local Density Bonus Programs. In exchange for the benefits expressed in the Development Agreement and this Section 249.90, and as set forth in the Development Agreement, any Building Projects within the SUD shall not be eligible for additional density or modifications to development standards allowed in any State or local law allowing additional density or modifications to development in exchange for on-site affordable housing, including but not limited to the State Density Bonus Law (California Government Code Sections 65915 et seq.), the Affordable Housing Bonus Program (Planning Code Sections 206et seq.), and Planning Code Sections 207et seq.
      (15)   Modifications to Building Standards and Use Requirements.
         (A)   No Modifications or Variances. No variances, exceptions, modifications, or other deviations from the requirements and standards of the Planning Code, including the SUD, and of the DSG are permitted except through the procedures for granting of Minor and Major Modifications established in the SUD. No modifications or variances are permitted for maximum Building height or maximum automobile parking spaces.
         (B)   Modification of Other Building Standards and Use Requirements. A dimensional or numerical standard may be modified only as provided in subsection (i), on a project-by-project basis. In order to grant a Minor or Major Modification, the Planning Director or Commission must find that the proposed Minor or Major Modification achieves equal or superior design quality and public benefit as strict compliance with the applicable standard and meets the intent of the SUD and the DSG.
         (C)   Minor Modifications. The Planning Director may approve a Minor Modification administratively in accordance with the procedures set forth in subsection (i).
         (D)   Major Modifications. The Planning Commission may approve an application for a Major Modification in accordance with the procedures set forth in subsection (i).
   (h)   Project Review and Approval. In lieu of the procedures set forth in Planning Code Article 3, the following project review and approval procedures shall apply in the SUD.
      (1)   Purpose. The design review process for this SUD is intended to ensure that new Building Projects are designed to complement the aesthetic quality of the development, exhibit high quality architectural design, and promote the purpose of this SUD.
      (2)   Development Phase Application. Consistent with the Development Agreement, the Developer shall submit a Development Phase Application to the Planning Director for approval, and no development may be approved within a Development Phase until after the Planning Director issues a Development Phase Application approval. The Development Phase Application process, as set forth in the Development Agreement, is to ensure that all Publicly Accessible Open Space and Building Projects within a development phase are consistent with the Development Agreement and the SUD. Planning shall review Development Phase Applications within 30 days of receipt in order to determine completeness. If the Planning Director fails to respond within such 30-day period, the Development Phase Application will be deemed complete. The Planning Director shall act on a Development Phase Application within 60 days after submittal of a complete Development Phase Application. Changes proposed by the Planning Department will be reasonably considered by Developer, and changes proposed by Developer will be reasonably considered by the Planning Department. If there are no objections, or upon resolution of any differences, the Planning Director shall approve the Development Phase Application with such revisions, comments, or requirements as may be permitted in accordance with the terms of the Development Agreement and the phasing plan.
      (3)   Concurrent Submittal of Development Phase Application and Design Review Application. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Application. When submitted concurrently, the time limits for the Planning Department review of completeness and design review described in subsection (i) shall not commence until after the Planning Director has issued a Development Phase Application approval. The Planning Department shall approve only those applications for individual Buildings that are consistent with a Development Phase Application approval. To ensure that Building Projects and Privately-Owned Community Improvements meet the requirements of the Planning Code, including this Section 249.90, and the DSG, Developer shall submit a Design Phase Application and receive approval from the Planning Director, or, if required, the Planning Commission before obtaining any permits for the applicable construction. Standards and limitations on design review approval are set forth in subsection (i) below. Nothing in this Section 249.90 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.
   (i)   Design Review Applications and Process.
      (1)   Applications. Each design review application shall include the documents and other materials necessary to determine consistency with the Planning Code, this Section 249.90, and the DSG, including site plans, floor plans, sections, elevations, renderings, landscape plans, a DLOP, and exterior material samples to illustrate the overall concept design of the proposed Buildings. Design review applications also should contain information on dwelling unit count and type, parking, and other building characteristics typical of Planning Department development applications. If Developer requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, and to the satisfaction of the Planning Director, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed Minor or Major Modification(s). As part of design review application process, the Planning Director shall consult with the San Francisco Municipal Transportation Agency regarding the Developer’s DLOP.
      (2)   Completeness. Planning Department staff shall review the application for completeness and advise the Developer in writing of any deficiencies within 30 days of the date of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section.
      (3)   Design Review of Buildings and Privately-Owned Community Improvements.
         (A)   Building Pre-Application Meeting. Prior to submittal of a design review application for a Building, the Developer shall conduct a minimum of one pre-application public meeting. The meeting shall be conducted at, or within a one-mile radius of, the Project Site, but otherwise subject to the Planning Department’s pre-application meeting procedures, including but not limited to the submittal of required meeting documentation. A Planning Department representative shall be invited to such meeting.
         (B)   Publicly Accessible Open Space Outreach. Prior to submittal of a design review application for a Publicly Accessible Open Space, the Developer shall conduct a minimum of one pre-application public meeting on design of the Publicly Accessible Open Space. The Developer shall conduct a minimum of one additional public meeting prior to any approval action on the application. Additional meetings may be required at the discretion of the Planning Director. The meetings shall be conducted at, or within a one-mile radius of, the Project Site, and the pre-application meeting shall be subject to the Planning Department’s pre-application meeting procedures, including but not limited to, the submittal of required meeting documentation. Developer shall invite a Planning Department representative to such meetings.
         (C)   Design Review Process. Following submittal of the design review application, upon a determination of completeness, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this Section 249.90, the Planning Code, and the DSG, including a recommendation regarding any Minor or Major Modifications sought. The Planning Department staff shall deliver the report to the Developer and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s website for public review within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this Section 249.90, the Planning Code, or the DSG, the Developer may resubmit the application, in which case the requirements of this subsection (i) for determination of completeness, staff review, and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.
      (4)   Approvals and Public Hearings for Buildings and Privately-Owned Community Improvements.
         (A)   Buildings and Privately-Owned Community Improvements Seeking No Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249.90, the DSG, and the General Plan. If the design review application is consistent with the numeric standards set forth in this Section 249.90 and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to the Developer’s consistency with the non-numeric and non-dimensional elements of the DSG and the General Plan.
         (B)   Buildings and Privately-Owned Community Improvements Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application including a Minor Modification, the Planning Director, shall approve or disapprove any Minor Modification based on its compliance with the Planning Code, including this Section 249.90, the DSG, and the General Plan. Notwithstanding any other provisions of this Section 249.90, the Planning Director, at his or her discretion, may refer any application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG or the SUD.
         (C)   Buildings and Privately-Owned Community Improvements Seeking Minor or Major Modifications. If the design review application seeks one or more Major Modifications, or if the Planning Director refers a design review application that proposed a Minor Modification to the Planning Commission, the Planning Commission shall calendar the item for a public hearing, subject to any required noticing. For purposes of this subsection (C), Minor Modifications and Major Modifications shall be collectively referred to as Major Modifications. The Planning Commission’s review shall be limited to the proposed Major Modification. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the granting of any Major Modifications.
         (D)   Notice of Hearings. In addition to complying with the notice requirements of the Brown Act and the Sunshine Ordinance, notice of Planning Commission hearings shall be provided as follows:
            (i)   by mail not less than 20 days prior to the date of the hearing, to the Developer, to residents within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and
            (ii)   by posting on the subject property not less than 10 days prior to the date of the hearing.
   (j)   Building Permits. Each building permit application submitted to the Department of Building Inspection for Buildings shall be forwarded to the Planning Department for review of the application’s consistency with the authorizations granted pursuant to this Section 249.90.
   (k)   Discretionary Review. The Planning Department shall not accept, and the Planning Commission shall not hear, requests for discretionary review for projects subject to this Section 249.90.
   (l)   Change of Use. The Planning Department shall review each building permit application that the Developer submits to the Department of Building Inspection for vertical improvements for consistency with the authorizations granted pursuant to this Section 249.90. The Department of Building Inspection shall not issue a permit for any vertical improvement or for occupancy that would authorize a new use unless the Planning Department determines such permit is consistent with the Building Standards set forth in the DSG.
(Added by Ord. 141-20, File No. 200422, App. 8/28/2020, Eff. 9/28/2020, Oper. 9/28/2020)
Editor’s Note:
This Section 249.90 was enacted as Section 249.88 by Ord. No. 141-20.  Because another section was already designated as Section 249.88, this section has been redesignated as Section 249.90, and all references to this section have been changed accordingly.