SEC. 150. OFF-STREET PARKING AND LOADING REQUIREMENTS.

(a) General. This Article 1.5 is intended to assure that off-street parking and loading facilities are provided in amounts and in a manner that will be consistent with the objectives and policies of the San Francisco Master Plan, as part of a balanced transportation system that makes suitable provision for use of both private vehicles and transit. With respect to off-street parking, this Article is intended to require needed facilities but discourage excessive amounts of parking, to avoid adverse effects upon surrounding areas and uses, and to encourage effective use of public transit as an alternative to travel by private automobile.

(b) Spaces Required. Off-street parking and loading spaces, according to the requirements stated in this Article 1.5, shall be provided for any structure constructed, and any use established, whether public or private, after the original effective date of any such requirement applicable to such structure or use.

(c) Additions to Structure and Uses.

(1) For any structure or use lawfully existing on such effective date, off-street parking and loading spaces need be provided only in the case of a major addition to such structure or use, and only in the quantity required for the major addition itself. Any lawful deficiency in off-street parking or loading spaces existing on such effective date may be carried forward for the structure or use, apart from such major addition.

(2) For these purposes, a “major addition” is hereby defined as any enlargement, alteration, change of occupancy or increase in intensity of use which would increase the number of off-street parking spaces required for dwelling units by one or more spaces; which would increase the number of off-street parking spaces required for uses other than dwelling units by at least 15 percent or by at least five spaces, whichever is greater; or which would increase the requirement for off-street loading spaces by at least 15 percent.

(3) Successive additions made after the effective date of an off-street parking or loading requirement shall be considered cumulative, and at the time such additions become major in their total, off-street parking and loading spaces shall be provided as required for such major addition.

(d) Spaces to be Retained. Once any off-street parking or loading space has been provided which wholly or partially meets the requirements of this Code, such off-street parking or loading space shall not thereafter be reduced, eliminated or made unusable in any manner; provided, however, that in the Outer Clement Neighborhood Commercial District a maximum of one off-street parking space may be used for the storage of materials for a commercial use if the commercial use is on a lot contiguous to the lot on which the parking space is located and if access between the commercial use and the storage is available without the use of a public sidewalk or other public right-of-way and if the storage occurred prior to 1985.

(e) Conditional Use Cases. When authorizing a conditional use under Section 303 of this Code, the City Planning Commission may require such additional off-street parking and loading spaces, and apply such other standards in addition to those stated in this Article 1.5, as are in its opinion necessary to secure the objectives of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87)

SEC. 151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.

Off-street parking spaces shall be provided in the minimum quantities specified in the following table, except as otherwise provided in Section 161 of this Code. Where the building or lot contains uses in more than one of the categories listed, parking requirements shall be calculated in the manner provided in Section 153 of this Code. Where off-street parking is provided which exceeds certain amounts in relation to the quantities specified in this table, as set forth in Section 204.5 of this Code, such parking shall be classified not as accessory parking but as either a principal or a conditional use, depending upon the use provisions applicable to the district in which the parking is located. In considering an application for a conditional use for any such parking, due to the amount being provided, the City Planning Commission shall consider the criteria set forth in Section 157 of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 537-88, App. 12/16/88; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 32-91, App. 1/25/91; Ord. 368-94, App. 11/4/94)

SEC. 152. SCHEDULE OF REQUIRED OFF-STREET FREIGHT LOADING SPACES IN DISTRICTS OTHER THAN C-3 OR SOUTH OF MARKET.

In districts other than C-3 and the South of Market Districts, off-street freight loading spaces shall be provided in the minimum quantities specified in the following table, except as otherwise provided in Section 161 of this Code. The measurement of gross floor area shall be as defined in this Code, except that nonaccessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90)

SEC. 152.1. REQUIRED OFF-STREET FREIGHT LOADING AND SERVICE VEHICLE SPACES IN C-3 AND SOUTH OF MARKET DISTRICTS.

In C-3 and South of Market Districts, off-street freight loading spaces shall be provided in the mini-mum quantities specified in the following Table 152.1, except as otherwise provided in Sections 153(a)(6) and 161 of this Code. The measurement of gross floor area shall be as defined in this Code, except that non-accessory parking spaces and driveways and maneuvering areas incidental thereto shall not be counted.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 115-90, App. 4/6/90)

SEC. 153. RULES FOR CALCULATION OF REQUIRED SPACES.

(a) In the calculation of off-street parking and freight loading spaces required under Sections 151, 152 and 152.1, the following rules shall apply:

(1) In the case of mixed uses in the same structure, on the same lot or in the same development, or more than one type of activity involved in the same use, the total requirements for off-street parking and loading spaces shall be the sum of the requirements for the various uses or activities computed separately, including fractional values.

(2) Where an initial quantity of floor area, rooms, seats or other form of measurement is exempted from off-street parking or loading requirements, such exemption shall apply only once to the aggregate of that form of measurement. If the initial exempted quantity is exceeded, for either a structure or a lot or a development, the requirement shall apply to the entire such structure, lot or development, unless the contrary is specifically stated in this Code. In combining the requirements for use categories in mixed use buildings, all exemptions for initial quantities of square footage for the uses in question shall be disregarded, excepting the exemption for the initial quantity which is the least among all the uses in question.

(3) Where a structure or use is divided by a zoning district boundary line, the requirements as to quantity of off-street parking and loading spaces shall be calculated in proportion to the amount of such structure or use located in each zoning district.

(4) Where seats are used as the form of measurement, each 22 inches of space on benches, pews and similar seating facilities shall be considered one seat.

(5) When the calculation of the required number of off-street parking or freight loading spaces results in a fractional number, a fraction of ½ or more shall be adjusted to the next higher whole number of spaces, and a fraction of less than ½ may be disregarded.

(6) In C-3 and South of Market Districts, substitution of two service vehicle spaces for each required off-street freight loading space may be made, provided that a minimum of 50 percent of the required number of spaces are provided for freight loading. Where the 50 percent allowable substitution results in a fraction, the fraction shall be disregarded.

(b) The requirements for off-street parking and loading for any use not specifically mentioned in Sections 151 and 152 shall be the same as for a use specified which is similar, as determined by the Zoning Administrator. (Amended by Ord. 414-85, App. 9/17/85; Ord. 115-90, App. 4/6/90)

SEC. 154. MINIMUM DIMENSIONS FOR REQUIRED OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE SPACES.

(a) Parking Spaces.

(1) Every required off-street parking space shall have a minimum area of 160 square feet, except as specified in Paragraph (a)(2) below. Every required space shall be of usable shape. The area of any such space shall be exclusive of driveways, aisles and maneuvering areas. The parking space requirements for the Bernal Heights Special Use District are set forth in Section 242.

(2) In the case of any structure or use for which four or more off-street parking spaces are required, the fourth such space may be a compact car space, and for each two spaces required in excess of four, the second such space may be a compact car space. For this purpose every compact car space shall have a minimum area of 127.5 square feet and shall be specifically marked and identified as a compact car space. For dwelling units or group housing within RED, SPD, RSD, SLR, SLI or SSO Districts, 100 percent compact sizes shall be permitted. Special provisions relating to the Bernal Heights Special Use District are set forth in Section 242.

(3) Ground floor ingress and egress to any off-street parking spaces provided for a structure or use, and all spaces to be designated as preferential carpool or van pool parking, and their associated driveways, aisles and maneuvering areas, shall maintain a minimum vertical clearance of seven feet.

(b) Freight Loading and Service Vehicle Spaces. Every required off-street freight loading space shall have a minimum length of 35 feet, a minimum width of 12 feet, and a minimum vertical clearance including entry and exit of 14 feet, except as provided below.

(1) Minimum dimensions specified herein shall be exclusive of platform, driveways and maneuvering areas except that minimum vertical clearance must be maintained to accommodate variable truck height due to driveway grade.

(2) The first such space required for any structure or use shall have a minimum width of 10 feet, a minimum length of 25 feet, and a minimum vertical clearance, including entry and exit, of 12 feet.

(3) Each substituted service vehicle space provided under Section 153(a)(6) of this Code shall have a minimum width of eight feet, a minimum length of 20 feet, and a minimum vertical clearance of seven feet. (Amended by Ord. 414-85, App. 9/17/85; Ord. 115-90, App. 4/6/90; Ord. 32-91, App. 1/25/91)

SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF- STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE FACILITIES.

Required off-street parking and freight loading facilities shall meet the following standards as to location and arrangement. In addition, facilities which are not required but are actually provided shall meet the following standards unless such standards are stated to be applicable solely to required facilities. In application of the standards of this Code for off-street parking and loading, reference may be made to provisions of other portions of the Municipal Code concerning off-street parking and loading facilities, and to standards of the Bureau of Engineering of the Department of Public Works. Final authority for the application of such standards under this Code, and for adoption of regulations and interpretations in furtherance of the stated provisions of this Code shall, however, rest with the Department of City Planning.

(a) Every required off-street parking or loading space shall be located on the same lot as the use served by it, except as provided in Sections 159, 160 and 161 of this Code.

(b) Every required off-street parking or loading space shall be located in its entirety within the lot lines of private property.

(c) Every off-street parking or loading space shall have adequate means of ingress from and egress to a street or alley. Every required off-street parking or loading space shall be independently accessible, with the exception of a parking space for a minor second dwelling unit in an RH-1(S) District, or as otherwise provided by the Bernal Heights Special Use District set forth in Section 242. In C-3 Districts, if it is found, in accordance with the provisions of Section 309, that independently accessible spaces are infeasible due to site constraints, or in South of Market Districts if it is found, in accordance with the provisions of Section 307(g) of this Code, that independently accessible spaces for nonresidential activities are infeasible due to site constraints or that valet parking would provide a more convenient and efficient means of serving business clients, the substitution of attendant parking spaces for independently accessible spaces may be approved. Access to off-street loading spaces shall be from alleys in preference to streets.

In C-3 Districts, where possible, access to off-street parking and loading spaces shall be from streets and alleys which are identified as base case streets in the Downtown Streetscape Plan and minor streets rather than transit preferential streets or major arterial streets, all as identified in the Downtown Plan, a component of the Master Plan.

Adequate reservoir space shall be provided on private property for entrance of vehicles to off-street parking and loading spaces, except with respect to spaces independently accessible directly from the street.

(1) For residential uses, independently accessible off-street parking spaces shall include spaces accessed by automated garages, or car elevators, provided that no car needs to be moved under its own power to access another car.

(d) All off-street freight loading and service vehicle spaces in the C-3-O, C-3-R, C-3-G, and South of Market Districts shall be completely enclosed and access from a public street or alley shall be provided by means of a private service driveway, which is totally contained within the structure. Such a private service driveway shall include adequate space to maneuver trucks and service vehicles into and out of all provided spaces, and shall be designed so as to facilitate access to the subject property while minimizing interference with street and sidewalk circulation. Any such private service driveway shall be of adequate width to accommodate drive-in movement from the adjacent curb or inside traffic lane but shall in no case exceed 30 feet. Notwithstanding the foregoing, if an adjacent street or alley is determined to be primarily used for building service, pursuant to the provisions of Section 309 in a C-3-O, C-3-R or C-3-G District, or the provisions of Section 307(g) in a South of Market District, up to four spaces may be allowed to be individually accessible directly from such a street or alley.

(e) In a C-3 or South of Market District, where site constraints would make a consolidated freight loading and service vehicle facility impractical, service vehicle spaces required by Sections 153(a)(6) and 154(b)(3) of this Code may be located in a parking garage for the structure or other location separate from freight loading spaces.

(f) In a C-3 or South of Market District, whenever off-street freight loading spaces are provided, freight elevators immediately accessible from the loading dock shall be provided to all floors which contain uses that are included in the calculation of required number of freight loading spaces. If freight loading facilities are subterranean, the location and operation of freight elevators shall be designed, where feasible, to discourage use of freight elevators for deliveries from the ground floor. Directories of building tenants shall be provided at all freight elevators. A raised loading dock or receiving area shall be provided with sufficient dimensions to provide for short-term storage of goods. All required freight loading and service vehicle spaces shall be made available only to those vehicles at all times, and provision shall be made to minimize interference between freight loading and service operations, and garbage dumpster operations and storage.

(g) In order to discourage long-term commuter parking, any off-street parking spaces provided for a structure or use other than residential or hotel in a C-3 District, whether classified as an accessory or conditional use, which are otherwise available for use for long-term parking by downtown workers shall maintain a rate or fee structure for their use such that the rate charge for four hours of parking duration is no more than four times the rate charge for the first hour, and the rate charge for eight or more hours of parking duration is no less than 10 times the rate charge for the first hour. Additionally, no discounted parking rate shall be permitted for weekly, monthly or similar time-specific periods.

(h) The internal layout of off-street parking and loading spaces, driveways, aisles and maneuvering areas shall be according to acceptable standards, and all spaces shall be clearly marked.

(i) For each 25 off-street parking spaces provided, one such space shall be designed and designated for handicapped persons.

(j) Except as provided by Section 155.1 and Section 155.2 below, for each 20 off-street parking spaces provided, one space shall be provided for parking of a bicycle. The most restrictive provisions of 155(j) or 155.4 shall prevail.

(k) Off-street parking and loading facilities shall be arranged so as to prevent encroachments upon sidewalk areas and adjacent properties, in the maneuvering, standing and storage of vehicles, by means of the layout of facilities and by use of bumper or wheel guards or such other devices as are necessary.

(l) Driveways crossing sidewalks shall be no wider than necessary for ingress and egress, and shall be arranged, to the extent practical, so as to minimize the width and frequency of curb cuts, to maximize the number and size of on-street parking spaces available to the public, and to minimize conflicts with pedestrian and transit movements.

(m) Every off-street parking or loading facility shall be suitably graded, surfaced, drained and maintained.

(n) Off-street parking and loading spaces shall not occupy any required open space, except as specified in Section 136 of this Code.

(o) No area credited as all or part of a required off-street parking space shall also be credited as all or part of a required off-street loading space, or used as all or part of an unrequired off-street loading space. No area credited as all or part of a required off-street loading space shall also be credited as all or part of a required off-street parking space, or used as all or part of an unrequired off-street parking space.

(p) Any off-street freight loading area located within 50 feet of any R District shall be completely enclosed within a building if such freight loading area is used in regular night operation.

(q) Rooftop parking shall be screened as provided in Section 141(d) of this Code. (Amended by Ord. 414-85, App. 9/17/85; Ord. 115-90, App. 4/6/90; Ord. 32-91, App. 1/25/91; Ord. 314-95, App. 10/6/95; Ord. 31-96, App. 1/11/96; Ord. 343-98, App. 11/19/98; Ord. 199-00, File No. 001102, App. 8/18/2000; Ord. 193-01, File No. 010488, App. 9/7/2001)

SEC. 155.1. BICYCLE PARKING REQUIREMENTS FOR CITY-OWNED AND LEASED BUILDINGS.

In all City-owned and leased buildings, regardless of whether off-street parking is available, the responsible city official, as defined in Section 155.1(a)(11) below, shall provide bicycle parking according to the schedule in Section 155.1(c) below, except as otherwise provided in Section 155.2. The provisions of this Section shall not apply in any case where the City occupies property as a tenant under a lease the term of which does not exceed six months. In the event that a privately owned garage, as defined in Section 155.2, is in a building in which the City leases space, Section 155.2 and not this Section shall apply. All required bicycle parking shall conform to the requirements of Sections 155.1(b) (Location of Facilities) and 155.1(c) (Number of Spaces) set forth below:

(a) Definitions.

(1) Locker. A fully enclosed, secure and burglar-proof bicycle parking space accessible only to the owner or operator of the bicycle.

(2) Check-In Facility. A location in which the bicycle is delivered to and left with an attendant with provisions for identifying the bicycle's owner. The stored bicycle is accessible only to the attendant.

(3) Monitored Parking. A location where Class 2 parking spaces are provided within an area under constant surveillance by an attendant or security guard or by a monitored camera.

(4) Restricted Access Parking. A location that provides Class 2 parking spaces within a locked room or locked enclosure accessible only to the owners of bicycles parked within.

(5) Personal Storage. Storage within the view of the bicycle owner in either the operator's office or a location within the building.

(6) Class 1 Bicycle Parking Space(s). Facilities which protect the entire bicycle, its components and accessories against theft and against inclement weather, including wind-driven rain. Examples of this type of facility include (1) lockers, (2) check-in facilities, (3) monitored parking, (4) restricted access parking, and (5) personal storage.

(7) Class 2 Bicycle Parking Space(s). Bicycle racks which permit the locking of the bicycle frame and one wheel to the rack and, which support the bicycle in a stable position without damage to wheels, frame or components.

(8) Director. Director of the Department of City Planning.

(9) Landlord. Any person who leases space in a building to the City. The term “landlord” does not include the City.

(10) Employees. Individuals employed by the City and County of San Francisco.

(11) Responsible City Official. The highest ranking City official of an agency or department which has authority over a City-owned building or parking facility or of an agency or department for which the City is leasing space.

(12) Person. Any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may enter into leases.

(b) Location of Facilities.

(1) At locations where the majority of parking spaces will be long-term (e.g., occupied by building employees for eight hours or more), at least ½ of the required bicycle parking spaces shall be Class 1 spaces. The remaining spaces may be Class 2 spaces. The Director may approve alternative types of parking spaces that provide an equivalent measure of security.

(2) Alternative Locations. In the event that compliance with Section 155.1(b)(1) may not be feasible because of demonstrable hardship, the responsible city official may apply to the Director for approval of an alternative storage location. In acting upon such applications, the Director shall be guided by the following criteria: Such alternative facilities shall be well-lighted and secure. The entrance shall be no more than 50 feet from the entrance of the building, unless there are no feasible locations within a 50 foot zone that can be provided without impeding sidewalk or pedestrian traffic. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking space.

(3) Exemptions. If no feasible alternative parking facility exists nearby which can be approved pursuant to Section 155.1(b)(1) or (2) or, securing an alternative location would be unduly costly and pose a demonstrable hardship on the landlord, or on the City, where the City owns the building, the Director may issue an exemption. In order to obtain an exemption, the responsible City official shall certify to the Director in writing that the landlord, or the City, where the City owns the building, will not prohibit bicycle operators from storing bicycles within their office space, provided that they are stored in such a way that the Fire Code is not violated and that the normal business of the building is not disrupted.

(c) Required Number of Bicycle Parking Spaces.

(1) Class 1 Bicycle Parking Spaces. The following standards shall govern the number of Class 1, long-term, bicycle parking spaces a responsible City official must provide:

(A) In buildings with one to 20 employees, at least two bicycle parking spaces shall be provided.

(B) In buildings with 21 to 50 employees, at least four bicycle parking spaces shall be provided.

(C) In buildings with 51 to 300 employees, the number of bicycle parking spaces provided shall be equal to at least five percent of the number of employees at that building, but in no event shall fewer than five bicycle spaces be provided.

(D) In buildings with more than 300 employees, the number of bicycle parking spaces provided shall be equal to at least three percent of the number of employees at that building but in no event shall fewer than 16 bicycle parking spaces be provided.

(2) In addition to the Class 1 bicycle parking spaces required above, a responsible City official shall also provide Class 2 bicycle parking spaces according to the below enumerated schedule:

(A) In buildings with one to 40 employees, at least two bicycle parking spaces shall be provided.

(B) In buildings with 41 to 50 employees, at least four bicycle parking spaces shall be provided.

(C) In buildings with 51 to 100 employees, at least six bicycle parking spaces shall be provided.

(D) In buildings with more than 100 employees, at least eight bicycle parking spaces shall be provided. Wherever a responsible City official is required to provide eight or more Class 2 bicycle parking spaces, at least 50 percent of those parking spaces shall be covered.

(3) In public buildings where the City provides a public service to members of the public who are patrons or users of the buildings, such as libraries, museums, and sports facilities, the responsible City official shall provide the number of bicycle parking spaces as set out in Section 155.1(c)(1) and (2), except that the average patron load in a building during peak use hours as determined by the Director, rather than the number of employees, shall determine the number of spaces required. This Section shall not apply where a public building has a “garage” (as such term is defined in Section 155.2(a)) that is open to the general public, in which case Section 155.2 shall apply.

(4) The Director shall annually survey the amount, location, and usage of provided bicycle parking spaces in all buildings subject to the requirements of this Section in order to ascertain whether current requirements are adequate to meet demand for such parking spaces. If current requirements are inadequate, the Director shall draft and submit to the Board of Supervisors proposed legislation that would remedy the deficiency.

(5) Reductions. The Director may grant a reduction from the number of bicycle parking spaces required by this Section where the applicant shows based upon the type of patronage, clientele, or employees using the building that there is no reason to expect a sufficient number of bicycle-riding patrons, clientele or employees to justify the number of spaces otherwise required by the Section.

(d) Layout of Spaces. Class 1 and Class 2 bicycle parking spaces or alternative spaces approved by the Director shall be laid out according to the following:

(1) An aisle or other space to enter and leave the facility shall be provided. The aisle shall provide a width of five feet to the front or rear of a standard six-foot bicycle parked in the facility.

(2) Each bicycle parking space shall provide an area at least two feet wide by six feet deep. Vertical clearance shall be at least 78 inches.

(3) Bicycle parking shall be at least as conveniently located as the most convenient nondisabled car parking. Safe and convenient means of ingress and egress to bicycle parking facilities shall be provided. Safe and convenient means include, but are not limited to stairways, elevators and escalators.

(4) Bicycle parking and automobile parking shall be separated by a physical barrier or sufficient distance to protect parking bicycles from damage.

(5) Class 2 bicycle racks shall be located in highly visible areas to minimize theft and vandalism.

(6) Where Class 2 bicycle parking areas are not clearly visible to approaching bicyclists, signs shall indicate the locations of the facilities.

(7) The surface of bicycle parking spaces need not be paved, but shall be finished to avoid mud and dust.

(8) All bicycle racks and lockers shall be securely anchored to the ground or building structure.

(9) Bicycle parking spaces may not interfere with pedestrian circulation.

(e) Lease Provisions.

(1) All City leases of buildings that are subject to the requirements of this Section and under which the City is a tenant shall specifically provide that the landlord agrees to make space available in the building for the term of the lease within which the responsible City official may install, at no cost to the landlord, bicycle parking facilities that are in compliance with this Section.

(2) This Subsection (e) does not in any way limit the ability of the Director to approve alternative storage locations under Subsection (b)(2) or exemptions under Subsection (b)(3). In the event that an exemption is granted or an alternative location is approved allowing the installation of bicycle parking facilities on property that is not included (i) in a building leased by the responsible city official or (ii) on property that belongs to the landlord, Subsection (e)(1) does not apply. If the alternative location is on property that is owned by the landlord, but is not inside the building to be leased by the responsible city official, the lease provision of Subsection (e)(1) is required and shall identify that property as the location of the bicycle parking spaces.

(f) Enforcement. Article 1.5, Section 1551.1 shall be enforced by the Zoning Administrator. Upon complaint, the Zoning Administrator shall investigate. If the Zoning Administrator concludes that a violation exists, he or she shall provide written notice to the responsible City official offering thirty days to cure the violation. The written notice shall inform the responsible City official of the grounds for the Zoning Administrator's conclusion that this Section has been violated. The notice shall afford the responsible City official an opportunity to meet with the Zoning Administrator to explain why penalties should not be assessed. The Zoning Administrator shall assess penalties upon the responsible City official's agency or department according to the following provisions:

(1) If the responsible City official's violation hasnot been cured within the 30 days, a penalty of$50/day shall be assessed by the Zoning Administrator, commencing with the first date of the violation.

(2) All fines collected for violations of this Section shall be deposited with the Department of Parking and Traffic for expenditure by and for the Department's Bicycle Program.

(g) Miscellaneous Requirements.

(1) The responsible City official shall not, and shall encourage landlords not to, establish or enforce any building policy that restricts or discourages building tenants, employees, or visitors from utilizing their bicycle storage spaces.

(2) In any building that contains more than the required number of bicycle parking spaces as set forth in Article 1.5, Section 155.1, the responsible City official shall not remove such additional bicycle parking spaces without petitioning the Director. Such a petition may not be filed until at least one year has elapsed following the effective date of this Section. That petition shall demonstrate that the spaces the responsible City official seeks authority to remove have not been necessary to meet the demand of employees and other building users.

(3) The responsible City official shall be responsible for full compliance with this Section. The Board of Supervisors does not intend to impose requirements of this Section on any responsible City official where such application would impair obligations of contract.

(4) Buildings with existing traditional-type racks which support only one wheel shall have two years from the effective date of this Section to replace them with conforming racks.

(5) In addition to imposing requirements pursuant to this Section, the Board of Supervisors declares it the official policy of the City and County of San Francisco that all property owners and responsible City officials in control of buildings housing employees or members of the public who use bicycles shall provide bicycle parking spaces and shall encourage and facilitate bicycle usage.

(h) In adopting this Section, the Board of Supervisors intends that General Fund Revenues not be used to pay for the purchase of bicycle storage facilities or for installation of bicycle storage facilities, that private building owners not be required to use their own funds to implement the requirements of this Section, and that the implementation of this Section be funded primarily through the use of public and private donations, grants and other available programmatic funding. (Added by Ord. 31-96, App. 1/11/96; amended by Ord. 343-98, App. 11/19/98)

SEC. 155.2. BICYCLE PARKING REQUIRED IN CITY-OWNED PARKING GARAGES AND PRIVATELY OWNED PARKING GARAGES.

In all City-owned parking garages and all privately-owned parking garages (but not parking lots), the owner and operator shall provide bicycle parking according to the schedule set forth in Section 155.2(c). With respect to City-owned parking garages which are not open to the general public, Section 155.1 and not this Section shall apply. If a privately owned garage is in a building in which the City leases space for more than six months, this Section and not Section 155.1 shall apply.

(a) Definitions.

(1) All definitions set forth in Section 155.1(a) are incorporated into this Section.

(2) Garage. Any public or private facility for the indoor parking of automobiles. It may be a stand-alone facility or may be located in a building also used for other purposes. It includes facilities which offer spaces for rent or other fee to the general public, and facilities which offer automobile parking space solely to building tenants, or a combination of both. It excludes garages which offer fewer than 10 automobile spaces.

(b) Duties of Responsible City Officials andGarage Owners. Where this Section imposes requirements on the City, the responsible City official shall be responsible for fulfilling such requirements. Where this Section imposes duties on private garages, the owners of such garages shall be responsible for fulfilling such requirements.

(c) Number of Spaces.

(1) Every garage will supply a minimum of six bicycle parking spaces regardless of the number of automobile spaces available.

(2) Garages which offer between 120 and 500 automobile spaces shall provide one bicycle space for every 20 automobile spaces.

(3) Garages which offer more than 500 automobile spaces shall provide 25 spaces plus one additional space for every 40 automobile spaces over 500 spaces, up to a maximum of 50 bicycle parking spaces.

(d) Type of Bicycle Parking. Garages offering automobile parking to the general public shall offer either Class 2 bicycle parking, as defined in Section 155.1(a) or Class 1 bicycle parking, as defined in Section 155.1(a). Garages may offer a combination of Class 1 and Class 2 bicycle parking. Garages offering automobile parking to the general public on an hourly basis shall offer bicycle parking on the same basis. Garages offering automobile parking to the general public on a weekly or longer basis shall provide bicycle parking on the same basis.

(e) Implementation. Garages shall be required to comply with these requirements within six months of the enactment of this legislation. Garages shall install bicycle parking for half of the number of required bicycle parking spaces within six months of the effective date of this legislation, but in no case fewer than six bicycle spaces. Garages shall fully comply with the requirements of Section 155.2(c) within 18 months of the date of enactment of this legislation. However, if demand for the bicycle parking facilities provided under the “first six months” interim provision is less than 80 percent of the spaces provided on 20 consecutive non-holiday weekdays, the garage may apply to the Director for permission to delay full compliance with Section 155.2(c) for a reasonable period of time and the Director shall have the discretion to permit such a delay where the garage demonstrates that achieving full compliance within the required period presents an undue burden. In the case of a garage which is not predominantly used during the regular work week (for example, a garage near an event venue), the Director may designate an alternative period other than “non-holiday weekdays” for purposes of evaluating an exemption from the full requirements of Section 155.2(c), including, but not limited to, 10 consecutive weekends or 20 days on which the garage primarily serves customers attending an event at a nearby venue.

(f) Safety Waiver. The Director may grant a waiver of the requirements of this Section where a garage establishes that compliance with the provisions of this Section would seriously jeopardize the safety of the garage patrons. In order to obtain such a waiver, a garage must submit a written waiver application to the Director. The Planning Department shall establish more definitive guidelines for the granting of a safety waiver. During the first year after the effective date of this legislation, the Planning Commission shall quarterly review safety waivers granted and denied under this subsection (f). Thereafter, the Planning Commission shall annually review safety waivers granted and denied under this subsection (f). If after such review the Planning Commission determines that a safety waiver was improperly granted or denied, the Planning Commission may then reverse the decision of the Director with respect to that safety waiver.

(g) Fees for Bicycle Parking. This Section shall not interfere with the rights of private garage owners to charge rent or other fees for bicycle parking.

(h) Notice of Bicycle Parking. Garages subject to this Section must provide adequate signs or notices in or near garage entrances to advertise the availability of bicycle parking.

(i) Layout of Spaces. Garages subject to this Section are encouraged to follow the requirements set forth in Section 155.1(d) (Layout of Spaces) in installing Class 1 and Class 2 bicycle parking.

(j) Enforcement. Article 1.5, Section 155.2 shall be enforced by the Zoning Administrator. Upon complaint, the Zoning Administrator shall investigate. If the Zoning Administrator concludes that a violation exists in a city-owned garage, he or she shall provide written notice to the responsible City official, offering 30 days to cure the violation. If the Zoning Administrator concludes that a violation exists in a privately owned garage, he or she shall provide written notice to the garage owner, offering 30 days to cure the violation. The written notice shall state the grounds for the Zoning Administrator's conclusion that this Section has been violated. The notice shall afford the responsible City official or private garage owner an opportunity to meet with the Zoning Administrator to explain why they are not in violation of this Section.

(1) Where a violation of this Section occurs in either a privately owned garage or a City- owned garage, if such violation has not been cured within the allotted 30 day period, the Zoning Administrator shall add the name and address of such garage and the name of the garage owner or responsible City official's agency or department to a list or garages currently in violation of this Section. Upon request, the Zoning Administrator shall provide a copy of this list to members of the public.

(k) Contractual Limits on Liability. This Section shall not interfere with the rights of a garage owner to enter into agreements wish garage patrons or take other lawful measures to limit the garage owner's liability to patrons with respect to bicycles parked in their garage, provided that such agreements or measures are in accordance with the requirements of this Section. (Added by Ord. 343-98, App. 11/19/98)

SEC. 155.3. SHOWER FACILITIES AND LOCKERS REQUIRED IN NEW COMMERCIAL AND INDUSTRIAL BUILDINGS AND EXISTING BUILDINGS UNDERGOING MAJOR RENOVATIONS.

(a) Definitions.

(1) New Building. A commercial or industrial building for which a building permit is issued at least six months after the effective date of this legislation.

(2) Major Renovations. Any construction or renovation project (i) for which a building permit is issued commencing at least six months after the date of enactment of this legislation (ii) which involves an enlargement of an existing public or privately owned commercial or industrial building, and (iii) which has an estimated cost of at least $1,000,000.00. For purposes of this Section, the term “enlargement” shall mean an increase in the square footage of the ground story of a building.

(3) The term “commercial building” shall include, but is not limited to, public or privately owned buildings containing employees working for City government agencies or departments.

(b) Requirements for New Buildings and Buildings With Major Renovations. New buildings and buildings with major renovations shall provide shower and clothes locker facilities for short-term use of the tenants or employees in that building in accordance with this Section. Where a building undergoes major renovations, its total square footage after the renovation is the square footage that shall be used in calculating how many, if any, showers and clothes lockers are required.

(c) For new buildings and buildings with major renovations whose primary use consists of medical or other professional services, general business offices, financial services, City government agencies and departments, general business services, business and trade schools, colleges and universities, research and development or manufacturing, the following schedule of required shower and locker facilities applies:

(1) Where the gross square footage of the floor area exceeds 10,000 square feet but is no greater than 20,000 square feet, one shower and two clothes lockers are required.

(2) Where the gross square footage of the floor area exceeds 20,000 square feet but is no greater than 50,000 square feet, two showers and four clothes lockers are required.

(3) Where the gross square footage of the floor area exceeds 50,000 square feet, four showers and eight clothes lockers are required.

(d) For new buildings and buildings with major renovations whose primary use consists of retail, eating and drinking or personal services, the following table of shower and locker facilities applies:

(1) Where the gross square footage of the floor area exceeds 25,000 square feet but is no greater than 50,000 square feet, one shower and two clothes lockers are required.

(2) Where the gross square footage of the floor area exceeds 50,000 square feet but is no greater than 100,000 square feet, two showers and four clothes lockers are required.

(3) Where the gross square footage of the floor area exceeds 100,000 square feet, four showers and eight clothes lockers are required.

(e) Exemptions. An owner of an existing building subject to the requirements of this Section shall be exempt from Subsections (c) and (d) upon submitting proof to the Director of the Department of City Planning that the owner has made arrangements with a health club or other facility, located within a four-block radius of the building, to provide showers and lockers at no cost to the employees who work in the owner's building.

(f) Exclusion for Hotels, Residential Buildings and Live/Work Units. This Section shall not apply to buildings used primarily as hotels or residential buildings. In addition, this Section shall not apply to “live/work units” as defined in Section 102.13 of the San Francisco Planning Code.

(g) Owners of Existing Buildings Encouraged to Provide Shower and Clothes Locker Facilities. The City encourages private building owners whose buildings are not subject to this Section to provide safe and secure shower and clothes locker facilities for employees working in such buildings.

(h) The Department of City Planning may establish more definitive requirements for shower and locker facilities in accordance with this Section. (Added by Ord. 343-98, App. 11/19/98)

SEC. 155.4. BICYCLE PARKING REQUIRED IN NEW AND RENOVATED COMMERCIAL BUILDINGS.

(a) Definitions.

(1) All definitions set forth in Section 155.1(a) and Section 155.3(a) are incorporated into this Section.

(2) New Commercial Building. A commercial or industrial building for which a building permit is issued on or at least six months after the effective date of this Section.

(3) Major Renovation. Any construction or renovation project (i) for which a building permit is issued commencing on or at least six months after the effective date of this Section (ii) which involves an enlargement of an existing commercial building and (iii) which has an estimated construction cost of at least $1,000,000.00.

(b) Requirements for New Commercial Buildings and Commercial Buildings with Major Renovations. New commercial buildings and commercial buildings with major renovations, as a condition of approval, shall provide bicycle parking in that building in accordance with this Section. Where a building undergoes major renovations, its total square footage after the renovation shall be used in calculating how many, if any, bicycle parking spaces are required.

(c) Types of Bicycle Parking. New commercial buildings and commercial buildings with major renovations shall offer either Class 1 bicycle parking, as defined in Section 155.1(a)(6), or Class 2 bicycle parking, as defined in Section 155.1(a)(7), or a combination of Class 1 and Class 2 bicycle parking.

(d) Bicycle Parking Spaces - Professional Services. For new commercial buildings and commercial buildings with major renovations whose primary use consists of medical or other professional services, general business offices, financial services, general business services, business and trade schools, colleges and universities, research and development or manufacturing, the following schedule of required bicycle parking applies:

(1) Where the gross square footage of the floor area exceeds 10,000 square feet but is no greater than 20,000 feet, 3 bicycle spaces are required.

(2) Where the gross square footage of the floor area exceeds 20,000 square feet but is no greater than 50,000 feet, 6 bicycle spaces are required.

(3) Where the gross square footage of the floor area exceeds 50,000 square feet, 12 bicycle spaces are required.

(4) Bicycle Parking Spaces—Retail. For new commercial buildings and commercial buildings with major renovations whose primary use consists of retail, eating and drinking or personal service, the following schedule of required bicycle parking applies:

(1) Where the gross square footage of the floor area exceeds 25,000 square feet but is no greater than 50,000 feet, 3 bicycle spaces are required.

(2) Where the gross square footage of the floor area exceeds 50,000 square feet but is no greater than 100,000 feet, 6 bicycle spaces are required.

(3) Where the gross square footage of the floor area exceeds 100,000 square feet, 12 bicycle spaces are required.

(f) Notice of Bicycle Parking. New commercial buildings and commercial buildings with major renovations subject to this Section must provide adequate signs or notices to advertise the availability of bicycle parking.

(g) Layout of Spaces. Owners of new commercial buildings and commercial buildings with major renovations subject to this Section are encouraged to follow the requirements set forth in Section 155.1(d) (Layout of Spaces) in installing Class 1 and Class 2 bicycle parking.

(h) Owners of Existing Buildings Encouraged to Provide Bicycle Parking Spaces. The City encourages building owners whose buildings are not subject to this Section to provide bicycle parking spaces in such buildings.

(i) Exemption. Where a new commercial building or building with major renovations includes residential uses, the building's total non-residential square footage shall be used in calculating how many, if any, bicycle parking spaces are required.

(j) This Section shall not be interpreted to interfere with the Department of Planning's authority to require more than the minimum bicycle parking spaces required by this Section as a condition of approval of a project, where appropriate.

(k) For the purposes of this Section, commercial shall mean commercial and industrial. (Added by Ord. 193-01, File No. 010488, App. 9/7/2001)

SEC. 156. PARKING LOTS.

(a) A “parking lot” is hereby defined as an off-street open area or portion thereof solely for the parking of passenger automobiles. Such an area or portion shall be considered a parking lot whether or not on the same lot as another use, whether or not required by this Code for any structure or use, and whether classified as an accessory, principal or conditional use.

(b) Where parking lots are specified in Articles 2 or 7 of this Code as a use for which conditional use approval is required in a certain district, such conditional use approval shall be required only for such parking lots in such district as are not qualified as accessory uses under Section 204.5 of this Code. The provisions of this Section 156 shall, however, apply to all parking lots whether classified as accessory, principal or conditional uses.

(c) In considering any application for a conditional use for a parking lot for a specific use or uses, where the amount of parking provided exceeds the amount classified as accessory parking in Section 204.5 of this Code, the City Planning Commission shall consider the criteria set forth in Section 157.

(d) Any parking lot for the parking of two or more automobiles which adjoins a lot in any R District, or which faces a lot in any R District across a street or alley, shall be screened from view there-from, except at driveways necessary for ingress and egress, by a solid fence, a solid wall, or a compact evergreen hedge, not less than four feet in height.

(e) Any parking lot for the parking of 10 or more automobiles within the C-3-O, C-3-R, C-3-S, or C-3-G Districts shall be screened from view from every street, except at driveways necessary for ingress and egress, by a solid fence, a solid wall, or a compact evergreen hedge, not less than four feet in height.

(f) All artificial lighting used to illuminate a parking lot for any number of automobiles in any R, NC, C, or South of Market District shall be so arranged that all direct rays from such lighting fall entirely within such parking lot.

(g) No parking lot for any number of auto-mobiles shall have conducted upon it any dead storage or dismantling of vehicles, or any repair or servicing of vehicles other than of an emergency nature.

(h) No permanent parking lot shall be permitted in C-3-O, C-3-R, and C-3-G Districts; temporary parking lots may be approved as conditional uses pursuant to the provisions of Section 303 for a period not to exceed two years from the date of approval; permanent parking lots in C-3-S Districts shall be permitted only as a conditional use.

(i) Any parking lot approved pursuant to zoning categories .25, .27 and .29 of Sections 813 through 818 of this Code shall be screened from views from every street, except at driveways necessary for ingress and egress, by a solid fence or a solid wall not less than four feet in height, except where this requirement would prevent otherwise feasible use of the subject lot as an open space or play area for nearby residents. (Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90)

SEC. 157. CONDITIONAL USE APPLICATIONS FOR PARKING EXCEEDING ACCESSORY AMOUNTS: ADDITIONAL CRITERIA.

In considering any application for a conditional use for parking for a specific use or uses, where the amount of parking provided exceeds the amount classified as accessory parking in Section 204.5 of this Code, the City Planning Commission shall consider the following criteria in addition to those stated in Section 303(c) and elsewhere in this Code:

(a) Demonstration that trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking classified by this Code as accessory, by transit service which exists or is likely to be provided in the foreseeable future, by car pool arrangements, by more efficient use of existing on-street and off-street parking available in the area, and by other means;

(b) The absence of potential detrimental effects of the proposed parking upon the surrounding area, especially through unnecessary demolition of sound structures, contribution to traffic congestion, or disruption of or conflict with transit services;

(c) In the case of uses other than housing, limitation of the proposed parking to short-term occupancy by visitors rather than long-term occupancy by employees; and

(d) Availability of the proposed parking to the general public at times when such parking is not needed to serve the use or uses for which it is primarily intended. (Added by Ord. 443-78, App. 10/6/78)

SEC. 158. MAJOR PARKING GARAGES IN C-3 DISTRICTS.

(a) Statement of Purpose. It is the purpose of this Section to establish a procedure by which major parking garages proposed for downtown San Francisco may be reviewed as to the appropriateness of their location and arrangement, recognizing the need for continuing development of a unified transportation system conveniently serving the downtown area.

(b) Definition of Major Parking Garage. A “major parking garage” shall be any garage for the parking of passenger automobiles, for short- or long-term periods and for any use, which is not classified as an accessory parking facility under Section 204.5 of this Code.

(c) Review by City Planning Commission. Review of the location and design of any major parking garage in a C-3 District by the City Planning Commission, either as a conditional use under Section 303 of this Code or upon referral by the Board of Supervisors or any other agency, shall be in accordance with the criteria set forth below.

(d) Criteria for Review. The following criteria shall be considered, in addition to those stated in Section 303(c) of this Code, and those stated in Section 157 of this Code when applicable:

(1) Accessibility to the area of the proposed site and to the proposed parking garage itself, from freeway ramps or from major thoroughfares;

(2) Convenient service to areas of concentrated development, particularly those within the C-3-O and C-3-R Districts, by location of the proposed parking garage near or adjacent to but not inside such concentrated areas;

(3) Minimization of conflict of the proposed parking garage with pedestrian movements and amenities, resulting from the placement of driveways and ramps, the breaking of continuity of shopping facilities along sidewalks, and the drawing of traffic through areas of heavy pedestrian concentration;

(4) The service patterns of other forms of transportation;

(5) Establishment of a parking rate structure or fee favorable to short-term parking (four hours or less) and designed to discourage long-term parking, as set forth in Section 155(g) of this Code;

(6) Minimization of conflict of the proposed parking garage with transit operations and loading points, resulting from the location of driveways, ramps and vehicle queuing areas;

(7) The objectives and policies of the Downtown Plan, a component of the Master Plan; and

(8) Such other criteria as may be deemed appropriate in the circumstances of the particular case. (Amended by Ord. 414-85, App. 9/17/85)

SEC. 159. REQUIRED OFF-STREET PARKING NOT ON THE SAME LOT AS THE STRUCTURE OR USE SERVED.

(a) Required off-street parking spaces for one-family and two-family dwellings in R Districts shall be located on the same lot as the dwelling served, or in a community garage as described in Section 209.7(a) of this Code.

(b) Required off-street parking spaces for all other dwellings shall be located on the same lot as the dwelling served, as an accessory use; or within a walking distance of 600 feet, as either a principal or a conditional use, depending upon the use provisions applicable to the district in which such parking is located.

(c) Required off-street parking spaces for all uses other than dwellings shall be located on the same lot as the use served, as an accessory use; or within a walking distance of 800 feet, as either a principal or a conditional use, depending upon the use provisions applicable to the district in which such parking is located.

(d) Walking distance for purposes of Subsections (b) and (c) above shall mean the distance from an outside entrance of a structure or use or part thereof, to each off-street parking space assigned to such structure or use or part thereof, along the shortest, most convenient pedestrian walkway open to the user or users of such off-street parking space.

(e) In order to be credited toward the requirements of this Code, any off-street parking space located as above on a lot other than the lot on which the structure or use to be served is located must be available for the actual lifetime of the structure or use to be served. Such availability shall be assured either by ownership of both the lot containing the structure or use to be served and the lot containing the off-street parking space by at least one common owner, or by a lease or other instrument providing for the availability of the parking space for not less than the actual lifetime of the structure or use to be served; an attested copy of any such instrument shall be filed with the Department of City Planning prior to approval by said Department of any building permit application affected by this arrangement for provision of required off-street parking. In addition, in either case, a document in a form approved by the City Attorney shall be executed by the parties concerned, and by the Zoning Administrator, and recorded in the office of the County Recorder, serving as a notice of the restrictions under this Code applying to both the lot containing the structure or use to be served and to the lot containing the off-street parking space, by virtue of this arrangement for provision of required off-street parking. (Added by Ord. 443-78, App. 10/6/78)

SEC. 160. COLLECTIVE PROVISION AND JOINT USE OF REQUIRED OFF-STREET PARKING.

(a) Collective provision of off-street parking spaces at the same location to meet the requirements of this Code for two or more structures or uses may be permitted, where the total quantity of spaces provided is at least equal to the total of the required spaces for all such structures or uses when computed separately.

(b) Joint use of the same off-street parking spaces to meet the requirements of this Code for two or more structures or uses may be permitted, where the normal hours of operation of such structures or uses are such as to assure the feasibility of such joint use of parking, and where the total quantity of spaces provided is at least equal to the total of the required spaces for the structures or uses in operation at any given time.

(c) In order to be credited toward the requirements of this Code, any off-street parking space made available for collective or joint use and located on a lot other than the lot on which the structure or use to be served is located must be available for the actual lifetime of the structure or use to be served, and such availability shall be assured in the manner provided for in Section 159(e) above. In addition, in the case of joint use of parking, an attested copy of a contract among all the parties concerned setting forth their agreement to such joint use shall be filed with the Department of City Planning prior to approval by said Department of any building permit application affected by the arrangement for joint use of parking, and in any such case a notice of restrictions upon the affected properties shall be executed and recorded in the manner provided for in Section 159(e) above, making specific reference to said contract and describing the arrangement for joint use of parking. (Added by Ord. 443-78, App. 10/6/78)

SEC. 161. EXEMPTIONS FROM OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE REQUIREMENTS.

The following exemptions shall apply to the requirements for off-street parking and loading spaces set forth in Sections 151 through 155 of this Code. These provisions, as exemptions, shall be narrowly construed.

(a) No off-street parking shall be required for a one-family or two-family dwelling where the lot on which such dwelling is located is entirely inaccessible by automobile because of topographic conditions.

(b) No off-street loading shall be required where access to the lot cannot be provided other than by means of a driveway across a sidewalk 25 feet or more in width from the curb to the front lot line which would cause serious disruption to pedestrian traffic.

(c) In recognition of the compact and congested nature of the downtown area and portions of Chinatown, the accessibility of this area by public transit, and programs for provision of public parking facilities on an organized basis at specific locations, no off-street parking shall be required for any use, other than dwellings where a requirement is specified, in any C-3, Chinatown Visitor Retail, or Chinatown Residential Neighborhood Commercial Districts.

(d) In recognition of the small scale of development, the desirability of retention and conversion of many existing buildings of established character, the need to relieve congestion, and the provision of public parking facilities on an organized basis at specific locations, no off-street parking shall be required for any use other than dwellings in the Washington Broadway Special Use District Numbers 1 and 2 as described in Section 239 of this Code and in the Chinatown Community Business District, where the size of the lot does not exceed 20,000 square feet.

(e) In recognition of the close neighborhood orientation of the uses provided for in Residential- Commercial Combined Districts of high density, no off-street parking shall be required for any principal use in an RC-4 District for which the form of measurement is occupied floor area, where the occupied floor area of such use does not exceed 10,000 square feet.

(f) In recognition of the policies set forth in the Northeastern Waterfront Plan, a part of the General Plan, the unique nature of the area and the difficulty of providing vehicular access thereto, the Planning Department or Planning Commission in specific cases may determine an appropriate reduction in off-street parking requirements in Waterfront Special Use District Numbers 1 and 3 as described in Sections 240.1 and 240.3 of this Code, in authorizing any principal or conditional use, respectively, under those sections. In considering any such reduction, the Planning Department for principal uses, and the Planning Commission for conditional uses, shall consider the following criteria:

(1) The anticipated parking demand to be generated by the particular use contemplated;

(2) Accessibility to the proposed site from freeway ramps or from major thoroughfares;

(3) Minimization of conflict of vehicular and pedestrian movements;

(4) The service patterns of forms of transportation other than the automobile;

(5) The pattern of land uses and the availability of parking in the vicinity;

(6) The policies set forth in the Northeastern Waterfront Plan, including policies concerning the relative emphasis that should be given to pedestrian and vehicular movement; and

(7) Such other criteria as may be deemed appropriate in the circumstances of the particular case.

(g) In instances in which all public agencies involved have certified by resolution that the requirements of this Code (i) will be satisfied in whole or in part by public off-street parking facilities constructed or authorized to be constructed for a special assessment district or upon any other basis, or (ii) in C-3 and NC Districts will be satisfied by a requirement of a cash contribution in an amount deemed sufficient to provide for the future construction of the required number of parking stalls, off-street parking required for individual buildings and uses may be correspondingly reduced if the total off-street parking supply in the area will nevertheless meet the requirements of this Code for all buildings and uses in the area.

(h) The off-street parking requirements for dwelling units in the North of Market Residential Special Use District, as described in Section 249.5 of this Code, may be reduced by the Planning Commission pursuant to the procedures for conditional use authorization set forth in Section 303 of this Code. In acting upon any application for a reduction of requirements, the Planning Commission shall consider the criteria set forth below in lieu of the criteria set forth in Section 303(c), and may grant the reduction if it finds that:

(1) The reduction in the parking requirement is justified by the reasonably anticipated auto usage by residents of and visitors to the project; and

(2) The reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity.

(i) In recognition of the fact that site constraints in C-3 Districts may make provision of required freight loading and service vehicle spaces impractical or undesirable, a reduction in or waiver of the provision of freight loading and service vehicle spaces for uses in C-3 Districts may be permitted, in accordance with the provisions of Section 309 of this Code. In considering any such reduction or waiver, the following criteria shall be considered:

(1) Provision of freight loading and service vehicle spaces cannot be accomplished underground because site constraints will not permit ramps, elevators, turntables and maneuvering areas with reasonable safety;

(2) Provision of the required number of freight loading and service vehicle spaces on-site would result in the use of an unreasonable percentage of ground-floor area, and thereby preclude more desirable use of the ground floor for retail, pedestrian circulation or open space uses;

(3) A jointly used underground facility with access to a number of separate buildings and meeting the collective needs for freight loading and service vehicles for all uses in the buildings involved, cannot be provided; and

(4) Spaces for delivery functions can be provided at the adjacent curb without adverse effect on pedestrian circulation, transit operations or general traffic circulation, and off-street space permanently reserved for service vehicles is provided either on-site or in the immediate vicinity of the building.

(j) The off-street parking requirements for dwelling units in NC Districts, as described in Article 7 of this Code, may be reduced by the Planning Commission pursuant to the procedures for conditional use authorization set forth in Section 303 of this Code. In acting upon any application for a reduction of requirements, the Planning Commission shall consider the criteria set forth below in lieu of the criteria set forth in Section 303(c), and may grant the reduction if it finds that:

(1) The reduction in the parking requirement is justified by the reasonably anticipated auto usage by residents of and visitors to the project;

(2) The reduction in the parking requirement will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity;

(3) The project is consistent with the existing character and pattern of development in the area; and

(4) The project is consistent with the description and intent of the neighborhood commercial district in which it is located.

(k) For arts activities in the RED, RSD, SPD, SLR, SLI or SSO Districts which will operate primarily during evenings and weekends, the Zoning Administrator may reduce or waive the off-street parking requirement when he or she determines pursuant to Section 307(g) that within an 800 foot walking distance from the site the anticipated demand from the proposed project, in combination with the existing nighttime and/or weekend demand for parking within the same geographic area at the time of the permit application, would not exceed 90 percent of the on-street or off-street parking spaces available to the public within the subject area. The applicant shall provide to the Zoning Administrator an acceptable parking survey and study which shows evidence of existing parking resources and demand and anticipated demand generated by the proposed project and nearby land uses. The Zoning Administrator may impose conditions on reduction or waiver of the requirement, including, but not limited to, advertising of nearby transit and parking facilities, requiring valet parking services and/or leasing parking spaces on nearby lots during performance or exhibition activities.

(l) Beginning on the effective date of Ordinance No. 412-88 (effective October 10, 1988), within any South of Market District, the Zoning Administrator, upon application pursuant to Section 307(g), may waive or reduce the required off-street parking for any nonresidential use where he or she determines that: (1) sufficient spaces to replace the waived or modified requirement will be provided within a parking facility open to the public sponsored by the San Francisco Parking Authority or the City and County of San Francisco; (2) it is anticipated that the replacement spaces will be available not more than 10 years after the parking would otherwise first be required to be available; (3) the facility in question is within a walking distance, as defined in Section 159(d), of one-half mile; and (4) the applicant agrees to pay a one-time fee of $15,000 (this amount shall be adjusted annually effective April 1st of each calendar year by the percentage of change in the Building Cost Index used by the San Francisco Department of Building Inspection) for each space as to which the requirement is waived or modified, which fee shall be deposited to the Off Street Parking Fund for the purpose of acquiring property or rights to property, through lease, purchase, or other means, and design, improvement and maintenance of property, for the general purpose of providing publicly accessible parking within the South of Market Base District, as defined in City Planning Code Section 820 and identified on Sectional Map 3SU of the Zoning Map of the City and County of San Francisco, which parking is reasonably expected to be used by persons who live, work, shop, do business or visit in the South of Market Base District. Said fee, and any interest accrued by such fee, shall be used for the purposes stated herein unless it is demonstrated that it is no longer needed. This payment shall be paid in full to the City prior to the issuance of any temporary or other certificate of occupancy for the subject property.

(m) Within the South of Market Base District, the required off-street parking for any nonresidential principal or conditional use in structures designated as landmarks, as contributory buildings within a historic district identified in the approved South of Market Plan or as significant or contributory buildings pursuant to Article 11 of this Code, may be modified or waived by the Zoning Administrator pursuant to Section 307(g) of this Code when the Landmark Preservation Advisory Board advises that the pro-vision of parking would adversely affect the landmark, significant or contributory character of the structure orthat modification or waiver would enhance theeconomic feasibility of preservation of the landmark or structure.

(n) With respect to dwelling units in the China-town Mixed Use Districts, the parking requirement may be reduced to not less than one space for each four dwelling units, if the Zoning Administrator determines pursuant to Section 307(g) that the reduced parking requirement is sufficient to serve the reasonably anticipated auto ownership by residents of and auto usage by visitors to the project.

(o) Within the South of Market Base District, upon approval by the Zoning Administrator pursuant to Section 307(g), the required off-street parking for bars, restaurants, arts, nighttime entertainment, pool halls, and neighborhood-serving retail or personal service activities may be modified, reduced or waived through participation in a Parking Management Program approved by the Zoning Administrator which may include, but need not be limited to, participation in a coordinated off-site satellite parking facilities program, shuttle service, specified signage and designated advertising procedures. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 15-98, App. 1/16/98; Ord. 278-00, File No. 001421, App. 12/15/2000)

SEC. 162. TOUR BUS LOADING SPACES IN C-3 DISTRICTS.

(a) Off-street tour bus loading spaces shall be provided for hotel uses in C-3 districts in the minimum quantities as follows:

The dimensions for each space shall be a minimum of 45 feet by nine feet with a minimum vertical clearance of 14 feet. If more than one space is required there shall also be a bypass through lane.

b. In recognition of the fact that site constraints in C-3 Districts may make provision of the required number of tour bus loading spaces impractical, a reduction in or waiver of the provision of such spaces in C-3 Districts may be permitted, in accordance with the provisions of Section 309 of this Code. In considering any such reduction or waiver, the following criteria shall be considered:

(1) The site size is not large enough to permit a configuration of spaces that could satisfy the requirements of Subsection (a);

(2) Provision of the required number and/or size of spaces would result in the use of an unreasonable percentage of ground floor area and thereby preclude more desirable use of the ground floor for retail, pedestrian circulation or open space uses;

(3) Spaces for tour bus loading can be provided at adjacent curbs or in the immediate vicinity without adverse effect on pedestrian circulation, transit operations or general traffic circulation. (Added by Ord. 414-85, App. 9/17/85)

SEC. 163. TRANSPORTATION MANAGEMENT PROGRAMS AND TRANSPORTATION BROKERAGE SERVICES IN C-3 AND SOUTH OF MARKET DISTRICTS.

(a) Purpose. This Section is intended to assure that adequate measures are undertaken and maintained to minimize the transportation impacts of added office employment in the downtown and South of Market area, in a manner consistent with the objectives and policies of the Master Plan, by facilitating the effective use of transit, encouraging ridesharing, and employing other practical means to reduce commute travel by single-occupant vehicles.

(b) Requirement. For any new building or additions to or conversion of an existing building in C-3 and South of Market Districts where the gross square feet of new, converted or added floor area for office use equals at least 100,000 square feet, or, in the case of the SSO District, 25,000 square feet, the project sponsor shall be required to provide on-site transportation brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of a temporary permit of occupancy (for this purpose Section 149(d) shall apply), the project sponsor shall execute an agreement with the Department of City Planning for the provision of on-site transportation brokerage services and preparation of a transportation management program to be approved by the Director of Planning and implemented by the provider of transportation brokerage services. The transportation management program and transportation brokerage services shall be designed:

(1) To promote and coordinate effective and efficient use of transit by tenants and their employees, including the provision of transit information and sale of transit passes on-site;

(2) To promote and coordinate ridesharing activities for all tenants and their employees within the structure or use;

(3) To reduce parking demand and assure the proper and most efficient use of on-site or off- site parking, where applicable, such that all provided parking conforms with the requirements of Article 1.5 of this Code and project approval requirements;

(4) To promote and encourage project occupants to adopt a coordinated flex-time or staggered work hours program designed to more evenly distribute the arrival and departure times of employees within normal peak commute periods;

(5) To participate with other project sponsors in a network of transportation brokerage services for the respective downtown or South of Market area;

(6) To carry out other activities determined by the Department of City Planning to be appropriate to meeting the purpose of this requirement. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 115-90, App. 4/6/90)

SEC. 164. SAN FRANCISCO RESIDENT PLACEMENT AND TRAINING PROGRAM.

(a) The City has determined in its certification of the Downtown Plan Environmental Impact Report and in its findings and studies leading to the adoption of Section 313 of the Planning Code that San Francisco and regional traffic and transit problems will become more intolerable as the number of nonresident employees increases in San Francisco as a result of new office development. In order to mitigate those adverse traffic and transit impacts, while protecting the City's residential areas from unwanted increases in density, the people determine that a policy of maximizing resident employment training and placement opportunities is needed.

(b) Requirement. For any new building or additions to or conversion of an existing building in C-3 Districts where the gross square feet of new, converted or added floor area for office use equals at least 100,000 square feet, the project sponsor shall be required to provide employment brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of the first permit of occupancy (for this purpose Section 149(d) shall apply), the project sponsor shall: (1) prepare a local employment program to be approved by the Director of Planning, or his or her designee, and to be implemented by the provider of employment broker-age services; and (2) execute an agreement with the Department of City Planning, or its designee, for the provision of employment brokerage services and implementation of the local employment program. The local employment program shall be designed:

(1) To determine the number and nature of jobs that will become available as a result of added downtown office development;

(2) To publicize to San Francisco residents the availability of those jobs;

(3) To work with local schools and job training programs to create a labor pool of San Francisco residents qualified to obtain jobs created by added downtown office development;

(4) To work with employers in the building to encourage their hiring of qualified San Francisco residents;

(5) To carry out other activities determined by the Department of City Planning, or its designee, to be reasonable and appropriate in meeting the purpose of this requirement.

(c) All such agreements required under this Section shall mandate that the project sponsor shall abide by any existing applicable state or local programs and laws designed to both train and place in employment minorities and economically disadvantaged women as defined in this section. For the purposes of this section, the term “minorities” shall include, but not be limited to, blacks, hispanics, Asians (including, but not limited to, Chinese, Japanese, Koreans, Pacific Islanders, Samoans, and Southeast Asians), Filipinos and American Indians. For the purposes of this section “economically disadvantaged women” shall include, but not be limited to, women receiving Aid for Families with Dependent Children (AFDC) or similar state or local aid. Where there are no such training and employment placement programs, or existing programs are found inadequate by the Human Rights Commission, that Commission may recommend to the Director for consideration additional programs to fulfill the goals of this section.

(d) In order to ensure that the maximum number of San Francisco residents are trained and placed inemployment opportunities in our City, the Board ofSupervisors shall hold public hearings and not laterthan January 1, 1988, the City shall adopt legislation to establish a program which will coordinate the job training and placement efforts of the San Francisco Unified School District, the San Francisco Community College District, community-based nonprofit employment and training programs, and other agencies from the public and private sectors, to assure maximum use of existing federal, state and local training and placement programs, and to develop such additional training and placement programs as deemed necessary.

(e) Should the Board of Supervisors determine that additional funds are needed for programs established pursuant to Subsection (d) above, it shall consider the adoption of a San Francisco Resident Training and Placement Fee of not less than $1.50 per square foot as a condition of the approval of any application for an office development project proposing the net addition of 50,000 or more gross square feet of office space. (Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86)

SEC. 165. CHILD CARE PLANS AND CHILD-CARE BROKERAGE SERVICES IN C-3 DISTRICTS.

(a) Purpose. This Section is intended to assure that adequate measures are undertaken and maintained to minimize the child-care impacts created by additional office employment in the downtown, in a manner consistent with the objectives and policies of the Master Plan, by facilitating the development, expansion and maintenance of affordable, quality child-care programs and auxiliary services, the latter including, but not limited to, resource and referral services.

(b) Requirement. For any new building or additions to or conversion of an existing building in the C-3 District where the gross square feet of new, converted or added floor area for office use equals at least 100,000 square feet, the project sponsor shall be required to provide on-site child-care brokerage services for the actual lifetime of the project. For any new building or additions to or conversion of an existing building in the C-3 District where the gross square feet of new, converted or added floor area for office use equals at least 50,000 square feet, the project sponsor shall be required to provide child-care brokerage services for the lifetime of the project, by either: (1) providing such services on-site or, (2) providing such services through a consortium of like- sized sponsors, where such services are made available within a radius of two city blocks from the sponsor's project or (3) subcontracting with a child-care brokerage service already serving a project within a radius of two city blocks from the sponsor's project. Prior to the issuance of the first certificate of occupancy, the project sponsor shall execute an agreement with the Department of City Planning for the provision of child-care brokerage services as provided in this Section 165 and preparation of a child-care plan to be approved by the Director of Planning and implemented by the provider of child-care brokerage services. The procedure set forth in Section 149(b) governing notice to the Zoning Administrator and issuance of the first certificate of occupancy shall also be applicable with respect to the requirements of this Section. The child care plan and child care brokerage services shall be designed:

(1) To promote the provision of on-site child-care resource services and easily accessible child-care referral services, using, to the maximum extent feasible, existing community agencies;

(2) To promote where feasible, the development of on-site child-care facilities, accessible and affordable to all segments of the community; to promote the development, expansion and maintenance of off-site child-care facilities accessible and affordable to all segments of the community;

(3) To promote and coordinate the development and use of open space for child-care programs in the C-3 District;

(4) To promote and coordinate the development of transportation services assisting employees who choose either to bring their children to on-site care or who seek means of transporting their children to off-site care;

(5) To promote and encourage project occupants to adopt flex-time or staggered work hours programs, job-sharing programs, parental leave policies and dependent care assistance programs designed to accommodate the needs of working parents and their children;

(6) To promote the development of parenting resources;

(7) To promote the development of data collection, to document the numbers of worker parents in the project work force, number and ages of their children, supply of child care available to those parents, cost of available care, preferences for child care and need for special services; and coordinate such data collection with the data collection efforts of other project sponsors and the local resource and referral agency;

(8) To carry out other activities determined by the Department of City Planning to be appropriate to meeting the purpose of this requirement.

(c) Notice. The agreement to provide child-care brokerage services and the child-care plan required by Subsection (b) shall each provide for periodic notice reasonably calculated to apprise all persons then employed in the office development who have children under their primary care of the availability of child-care brokerage services and the existence of a child-care plan. Such notice shall be given at least once during each calendar year, and shall state a place at which a copy of the child-care plan for the development may be inspected during regular business hours. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 509-86, App. 12/24/86)

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