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(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)
Notwithstanding any other provisions of this Code, any Automotive Use, including Retail or Non-Retail uses, as defined in Section 102, shall be principally permitted to convert to an Electric Vehicle Charging Location, also as defined in Section 102, regardless of the underlying zoning district. Further, such conversion shall not be subject to the notification requirements outlined in Section 311.
(Added by Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
Notwithstanding any other provision of this Article 2, a change in use or demolition of a Residential Care Facility use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303, including the specific conditions in that Section for conversion of such a use. This Section 202.14 shall not authorize a change in use if the new use or uses are otherwise prohibited.
(Added by Ord. 149-21, File No. 210535, App. 9/29/2021, Eff. 10/30/2021)
Editor’s Note:
This section originally was designated 202.11 when enacted by Ord. 149-21 and was redesignated at the direction of the Office of the City Attorney in order to avoid conflicting with previously existing material.
This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way.
(Amended by Ord. 443-78, App. 10/6/78)
(See Interpretations related to this Section.)
This Section 204 and Sections 204.1 through 204.6
, shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.
(Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)
AMENDMENT HISTORY
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