SEC. 201. CLASSES OF USE DISTRICTS.

In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts:

P Public Use Districts

RH-1(D) Residential, House Districts, One-Family (Detached Dwellings)

RH-1 Residential, House Districts, One-Family

RH-1(S) Residential, House Districts, One-Family with Minor Second Unit

RH-2 Residential, House Districts, Two-Family

RH-3 Residential, House Districts, Three-Family

RM-1 Residential, Mixed Districts, Low Density

RM-2 Residential, Mixed Districts, Moderate Density

RM-3 Residential, Mixed Districts, Medium Density

RM-4 Residential, Mixed Districts, High Density

RC-1 Residential-Commercial Combined Districts, Low Density

RC-2 Residential-Commercial Combined Districts, Moderate Density

RC-3 Residential-Commercial Combined Districts, Medium Density

RC-4 Residential-Commercial Combined Districts, High Density

Neighborhood Commercial Districts

(Also see Article 7)

General Area Districts

NC-1 Neighborhood Commercial Cluster District

NC-2 Small-Scale Neighborhood Commercial District

NC-3 Moderate-Scale Neighborhood Commercial District

NC-S Neighborhood Commercial Shopping Center District

Individual Area Districts

Broadway Neighborhood Commercial District

Castro Street Neighborhood Commercial District

Inner Clement Street Neighborhood Commercial District

Outer Clement Street Neighborhood Commercial District

Upper Fillmore Street Neighborhood Commercial District

Haight Street Neighborhood Commercial District

Hayes-Gough Neighborhood Commercial District

Inner Sunset Neighborhood Commercial District

Upper Market Street Neighborhood Commercial District

North Beach Neighborhood Commercial District

Polk Street Neighborhood Commercial District

Sacramento Street Neighborhood Commercial District

Union Street Neighborhood Commercial District

Valencia Street Neighborhood Commercial District

24th Street-Mission Neighborhood Commercial District

24th Street-Noe Valley Neighborhood Commercial District

West Portal Avenue Neighborhood Commercial District

Chinatown Mixed Use Districts

(Also see Article 8)

CCB Chinatown Community Business District

CR/NC Chinatown Residential/Neighborhood Commercial District

CVR Chinatown Visitor Retail District

C-1 Neighborhood Shopping Districts

C-2 Community Business Districts

C-M Heavy Commercial Districts

C-3-O Downtown Office District

C-3-R Downtown Retail District

C-3-G Downtown General Commercial District

C-3-S Downtown Support District

M-1 Light Industrial Districts

M-2 Heavy Industrial Districts

South of Market Use Districts

(Also see Article 8)

RED Residential Enclave Districts

SPD South Park District

RSD Residential Service District

SLR Service/Light Industrial/Residential District

SLI Service/Light Industrial District

SSO Service/Secondary Office District

Mission Bay Districts

(Also see Article 9)

MB-R-1 Mission Bay Lower Density Residential District

MB-R-2 Mission Bay Moderate Density Residential District

MB-R-3 Mission Bay High Density Residential District

MB-NC-2 Mission Bay Small Scale Neighborhood Commercial District

MB-NC-3 Mission Bay Moderate Scale Neighborhood Commercial District

MB-NC-S Mission Bay Neighborhood Commercial Shopping Center District

MB-O Mission Bay Office District

MB-CI Mission Bay Commercial-Industrial District

MB-H Mission Bay Hotel District

MB-CF Mission Bay Community Facilities District

MB-OS Mission Bay Open Space District

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91; Ord. 262-00, File No. 001426, App. 11/17/2000)

SEC. 202. USES PERMITTED BY THIS CODE.

(a) The use limitations of this Code shall be set forth in Articles 2, 6, 7, 8 and 9 for the use districts of the City, as established by Sections 201, 701, 801 and 902 of this Code and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. The uses permitted under this Code shall consist of the following:

(1) Principal uses, permitted as of right in each established district where listed for that class of districts in Articles 2, 7, 8 and 9 as regulated herein and elsewhere in this Code;

(2) Conditional uses, permitted in each established district when authorized by the City Planning Commission under Section 303 of this Code, where listed for that class of districts in Articles 2, 7, 8 and 9 and as regulated herein and elsewhere in this Code;

(3) Accessory uses for such permitted principal and conditional uses, as defined and regulated in Sections 204 through 204.5, Section 703.2(b)(1)(C), Section 803.3(b)(1)(C), Section 903(a)(3) and Section 986 of this Code. Any use not qualified under such sections as an accessory use shall be classified as a principal or conditional use.

(b) Permitted uses shall include in each established district such uses not specifically listed in Articles 2, 7 or 8 of this Code as are from time to time determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.

(c) No use shall be permitted in any R District, C District or M-1 District which by reason of its nature or manner of operation creates conditions that are hazardous, noxious or offensive through emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(d) Except as specifically provided herein to thecontrary, the provisions of Articles 2, 7, 8 and 9 of this Code shall apply to all uses, properties and developments, both public and private, including those of the City and County of San Francisco. (Amended by Ord. 262-80, App. 6/9/80; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91)

SEC. 203. EFFECT ON CERTAIN PUBLIC SERVICES.

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)

SEC. 204. ACCESSORY USES, GENERAL.

Subject to the limitations set forth in this Code, and especially as specified in Sections 204.1 through 204.5, a related minor use which is either (a) necessary to the operation or enjoyment of a lawful principal use or conditional use, or (b) appropriate, incidental and subordinate to any such use, and (c) in the case of Internet Services Exchange as defined in Section 209.6(c) which use does not exceed 25,000 gross square feet of floor area or use more than two megawatts of back-up power generators, shall be permitted as an accessory use when located on the same lot; provided, however, that in the Outer Clement Neighborhood Commercial District the storage of materials for a commercial use shall be permitted as an accessory use if the storage occurred prior to 1985, if it is within 200 feet of the use to which it is accessory, if it is accessible to the principal permitted use without the use of a public sidewalk or other public right-of-way, and if the provision of storage would not conflict with the provisions of Section 145.1 relating to street frontage in N-C Districts. (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)

SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN R OR NC DISTRICTS.

No use shall be permitted as an accessory use to a dwelling unit in any R or NC District which involves or requires any of the following:

(a) Any construction features or alterations not residential in character;

(b) The use of more than ¼ of the total floor area of the dwelling unit, except in the case of accessory off-street parking and loading;

(c) The employment of any person not resident in the dwelling unit, other than a domestic servant, gardener, janitor or other person concerned in the operation or maintenance of the dwelling unit;

(d) Residential occupancy by persons other than those specified in the definition of family in this Code;

(e) In RH-1(D), RH-1 and RH-1(S) Districts, the provision of any room for a roomer or boarder with access other than from within the dwelling unit;

(f) Addition of a building manager's unit, unless such unit meets all the normal requirements of this Code for dwelling units;

(g) The maintenance of a stock in trade, or the use of show windows or window displays or advertising to attract customers or clients; or

(h) The conduct of a business office open to the public.

Provided, however, that Subsection (h) of this Section shall not exclude the maintenance within a dwelling unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further, that Subsection (g) shall not exclude the display of signs permitted by Article 6 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87)

SEC. 204.2. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN R DISTRICTS.

No use shall be permitted as an accessory use to a use other than a dwelling in any R District which involves or requires any of the following:

(a) The use of more than ¼ of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading;

(b) The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or

(c) The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by Sections 209.1 through 209.9 of this Code. (Amended by Ord. 443-78, App. 10/6/78)

SEC. 204.3. ACCESSORY USES IN C AND M DISTRICTS.

(a) No use shall be permitted as an accessory use to a lawful principal or conditional use in any C-1 or C-2 District which involves or requires any of the following:

(1) The total employment for such accessory use of more than five persons in a C-1 District, or more than 10 persons in a C-2 District;

(2) The use of any single machine of more than one horsepower in a C-1 District, or more than 2½ horsepower in a C-2 District;

(3) The use of machines in any one establishment in an aggregate of more than five horsepower in a C-1 District, or more than 10 horsepower in a C-2 District;

(4) The use of more than ¼ of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking or loading; or

(5) The production of goods not intended primarily for retail sale or use on the premises.

(b) No use shall be permitted as an accessory use to a lawful principal or conditional use in any C-3 District which involves or requires the use of any single machine of more than five horsepower; or the use of more than ¼ of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading. These limitations shall not apply to equipment or machines pertaining integrally to the lawful principal use itself.

(c) Notwithstanding the provisions of Sections 227(h) and (i) and 260(b)(2)(I) and (M) of this Code, an accessory use to a lawful principal or conditional use in any C or M District which involves or requires the installation of a tower or antenna solely for the reception of radio and television broadcasts for the exclusive benefit of the residents or occupants in the building on which the antenna is placed shall be permitted without regard to the height of such tower or antenna and without regard to the proximity of such tower or antenna to any R District. (Amended by Ord. 111-80, App. 3/28/80)

SEC. 204.4. DWELLING UNITS ACCESSORY TO OTHER USES.

(a) In any R, NC, or C District, one dwelling unit to serve as the residence of a manager and the manager's family shall be permitted as an accessory use for any permitted hotel, motel or group housing structure, without any such structure being classified as a dwelling for purposes of this Code due to the presence of such dwelling unit.

(b) In any NC, C or M District, dwelling units which are integrated with the working space of artists, artisans and other craftspersons shall be permitted as an accessory use to such working space, when such dwelling units are occupied by a group of persons including no more than four adults, and where the occupancy meets all applicable provisions of the Building Code and Housing Code.

(c) In any M District, one dwelling unit or other form of habitation to serve as the residence of a caretaker and the caretaker's family shall be permitted as an accessory use for any permitted principal or conditional use in such district, where the operation of such use necessitates location of such residence in such district. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88)

SEC. 204.5. PARKING AND LOADING AS ACCESSORY USES.

In order to be classified as an accessory use, off-street parking and loading shall meet all of the following conditions:

(a) Such parking or loading facilities shall be located on the same lot as the structure or use served by them. (For provisions concerning required parking on a separate lot as a principal or conditional use, see Sections 156, 159, 160 and 161 of this Code.)

(b) Such parking or loading facilities shall be for use by the occupants, patrons, employees or services of the structure or use to which they are accessory. Accessory parking facilities for any dwelling in any R District shall be limited, further, to storage of private passenger automobiles, private automobile trailers and boats, and trucks of a rated capacity not exceeding ¾ ton.

(c) Accessory parking facilities shall include only those facilities which do not exceed the following amounts for a structure, lot or development: three spaces where one space is required by this Code; four spaces where two spaces are required by this Code; 150 percent of the required number of spaces where three or more spaces are required by this Code; and, in all districts other than NC, 15 spaces or seven percent of the total gross floor area of the structure or development, whichever is greater, or in NC Districts, three spaces, where no off-street parking spaces are required by this Code. For purposes of calculation under the last provision just stated, gross floor area shall be as defined by this Code, and the area considered to be devoted to parking shall be only the parking spaces and aisles, excluding entrance and exit driveways and ramps. Off-street parking facilities which exceed the amounts stated in this Subsection (c) shall be classified as either a principal or a conditional use, depending upon the use provisions applicable to the district in which such facilities are located. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87)

SEC. 205. TEMPORARY USES, GENERAL.

(a) The temporary uses listed in Sections 205.1 through 205.3, where not otherwise permitted in the district, may be authorized as provided herein, up to the time limits indicated. Further time for such uses may be authorized only by action upon a new application, subject to all the requirements for the original application, unless otherwise indicated in Sections 205.1 through 205.3.

(b) Action upon such uses shall be by the City Planning Commission, subject to all the requirements for conditional uses in Sections 303 and 306 through 306.5 of this Code; except that uses listed in Section 205.1, uses listed in Section 205.2 if located in a C or M District, and uses listed in Section 205.3 within the South of Market districts, may be authorized by the Zoning Administrator without a public hearing.

(c) Wherever a use exists at the effective date of this Code or of an amendment thereto under which such use is classified as a temporary use, or wherever a use is being conducted under a temporary use authorization given prior to such a date, such use may be continued for the maximum term specified therefor, calculated from said effective date or date of authorization. No such use shall continue thereafter unless a temporary use authorization shall have been sought and obtained under a new application. Continuance of a temporary use beyond the date of expiration of the period authorized therefor, or failure to remove a structure for such temporary use within 10 days thereafter, shall constitute a violation of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 212-94, 6/2/94))

SEC. 205.1. TEMPORARY USES: SIXTY-DAY LIMIT.

A temporary use may be authorized for a period not to exceed 60 days for any of the following uses:

(a) Neighborhood carnival, exhibition, celebration or festival sponsored by an organized group of residents in the vicinity or, in C or M Districts, sponsored by property owners or businesses in the vicinity;

(b) Booth for charitable, patriotic or welfare purposes;

(c) Open air sale of agriculturally produced seasonal decorations, including, but not necessarily limited to, Christmas trees and Halloween pumpkins. (Amended by Ord. 615-79, App. 12/13/79; Ord. 15-98, App. 1/16/98)

SEC. 205.2. TEMPORARY USES: ONE- OR TWO-YEAR LIMIT.

A temporary use may be authorized for a period not to exceed two years for any of the following uses:

(a) Temporary structures and uses incidental to the construction of a group of buildings on the same or adjacent premises;

(b) Rental or sales office incidental to a new residential development, not including the conduct of a general real estate business; provided, that it be located within the development, and in a temporary structure or part of a dwelling. A temporary use may be authorized for a period not to exceed one year (including any extensions) for the following year.

(c) In any M-1 or M-2 District, an automobile wrecking operation covered by Section 225(p) of this Code, provided, if the operation would be a conditional use in the district in question, that the Zoning Administrator determines the operation will meet within 90 days of commencing operation all conditions applicable to such use in that district. (Amended by Ord. 443-78, App. 10/6/78; Ord. 456-86, App. 11/25/86)

SEC. 205.3. TEMPORARY USES: TWENTY-FOUR-HOUR LIMIT.

Within the South of Market Districts, a temporary use may be authorized for a period not to exceed 24 hours per event once a month for up to 12 events per year per premises for any of the following uses:

(a) A performance, exhibition, dance, celebration or festival requiring a liquor license, dance hall keeper or live entertainment police permit and/or other city permit when sponsored by an organized group of residents and/or business operators in the neighborhood; or

(b) A performance, dance or party requiring a liquor license, dance, live entertainment and/or other city permit, an art exhibit, or other similar exhibition in each case if sponsored by a residential or commercial tenant or group of tenants or owner-occupants of the property or structure in which the temporary use is authorized.

Similar events or exhibitions lasting no more than 24 hours and requiring no City permit shall be permitted without authorization under this Article and without limitation as to frequency, subject to compliance with all other applicable laws.

When multiple events are proposed within the allowable annual time limit and City permits are to be issued to a particular applicant and premises, only one permit need be granted per annual time period. (Added by Ord. 115-90, App. 4/6/90)

SEC. 206. DESCRIPTION AND PURPOSE OF RESIDENTIAL DISTRICTS.

The following statements of description and purpose outline the main functions of the R (Residential) Districts in the zoning plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code. These districts are established for purposes of implementing the Residence element and other elements of the Master Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:

(a) Preservation, improvement and maintenance of the existing housing stock through protection of neighborhood environments and encouragement of sound ownership practices and rehabilitation efforts;

(b) Recognition and protection of the architectural characteristics and densities of existing residential areas;

(c) Maximizing of housing choice by assuring the availability of quality owner and rental housing of various kinds, suitable for a whole range of household types, lifestyles and economic levels;

(d) Encouragement of residential development that will meet outstanding community needs, provide adequate indoor and outdoor spaces for its occupants, and relate well to the character and scale of existing neighborhoods and structures; and

(e) Promotion of balanced and convenient neighborhoods having appropriate public improvements and services, suitable nonresidential activities that are compatible with housing and meet the needs of residents, and other amenities that contribute to the livability of residential areas.

Additional purposes for South of Market R and Mixed Use Districts are listed in Article 8, Sections 813 through 818 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90)

SEC. 206.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.

These districts are intended to recognize, protect, conserve and enhance areas characterized by dwellings in the form of houses, usually with one, two or three units with separate entrances, and limited scale in terms of building width and height. Such areas tend to have similarity of building styles and predominantly contain large units suitable for family occupancy, considerable open space, and limited nonresidential uses. The RH Districts are composed of five separate classes of districts, as follows:

RH-1(D) Districts: One-Family (Detached Dwellings). These districts are characterized by lots of greater width and area than in other parts of the City, and by single-family houses with side yards. The structures are relatively large, but rarely exceed 35 feet in height. Ground level open space and landscaping at the front and rear are usually abundant. Much of the development has been in sizable tracts with similarities of building style and narrow streets following the contours of hills. In some cases private covenants have controlled the nature of development and helped to maintain the street areas.

RH-1 Districts: One-Family. These districts are occupied almost entirely by single-family houses on lots 25 feet in width, without side yards. Floor sizes and building styles vary, but tend to be uniform within tracts developed in distinct time periods. Though built on separate lots, the structures have the appearance of small-scale row housing, rarely exceeding 35 feet in height. Front setbacks are common, and ground level open space is generous. In most cases the single-family character of these districts has been maintained for a considerable time.

RH-1(S) Districts: One-Family with Minor Second Unit. These districts are similar in character to RH-1 Districts, except that a small second dwelling unit has been installed in many structures, usually by conversion of a ground-story space formerly part of the main unit or devoted to storage. The second unit remains subordinate to the owner's unit, and may house one or two persons related to the owner or be rented to others. Despite these conversions, the structures retain the appearance of single-family dwellings.

RH-2 Districts: Two-Family. These districts are devoted to one-family and two-family houses, with the latter commonly consisting of two large flats, one occupied by the owner and the other available for rental. Structures are finely scaled and usually do not exceed 25 feet in width or 40 feet in height. Building styles are often more varied than in single-family areas, but certain streets and tracts are quite uniform. Considerable ground-level open space is available, and it frequently is private for each unit. The districts may have easy access to shopping facilities and transit lines. In some cases, group housing and institutions are found in these areas, although nonresidential uses tend to be quite limited.

RH-3 Districts: Three-Family. These districts have many similarities to RH-2 Districts, but structures with three units are common in addition to one-family and two-family houses. The predominant form is large flats rather than apartments, with lots 25 feet wide, a fine or moderate scale and separate entrances for each unit. Building styles tend to be varied but complementary to one another. Outdoor space is available at ground level, and also on decks and balconies for individual units. Nonresidential uses are more common in these areas than in RH-2 Districts. (Added by Ord. 443-78, App. 10/6/78)

SEC. 206.2. RM (RESIDENTIAL, MIXED) DISTRICTS.

These districts are intended to recognize, protect, conserve and enhance areas characterized by a mixture of houses and apartment buildings, covering a range of densities and building forms according to the individual district designations. Despite the range of densities and building sizes, most structures are of a scale that respects the traditional lot patterns, open spaces and articulation of facades typical of San Francisco neighborhoods. These districts provide unit sizes and types suitable for a variety of households, and contain supporting nonresidential uses. The RM Districts are composed of four separate classes of districts, as follows:

RM-1 Districts: Low Density. These districts contain a mixture of the dwelling types found in RH Districts, but in addition have a significant number of apartment buildings that broaden the range of unit sizes and the variety of structures. A pattern of 25-foot to 35-foot building widths is retained, however, and structures rarely exceed 40 feet in height. The overall density of units remains low, buildings are moderately scaled and segmented, and units or groups of units have separate entrances. Outdoor space tends to be available at ground and upper levels regardless of the age and form of structures. Shopping facilities and transit lines may be found within a short distance of these districts. Nonresidential uses are often present to provide for the needs of residents.

RM-2 Districts: Moderate Density. These districts are generally similar to RM-1 Districts, but the overall density of units is greater and the mixture of building types and unit sizes is more pronounced. Building widths and scales remain moderate, and considerable outdoor space is still available. The unit density permitted requires careful design of new structures in order to provide adequate amenities for the residents. Where nonresidential uses are present, they tend to offer services for wider areas than in RM-1 Districts.

RM-3 Districts: Medium Density. These districts have some smaller structures, but are predominantly devoted to apartment buildings of six, eight, 10 or more units. Most of these districts are close to downtown and have been developed in this manner for some time. The units vary in size, but tend to be smaller than in RM-1 and RM-2 Districts. Many buildings exceed 40 feet in height, and in some cases additional buildings over that height may be accommodated without disruption of the district character. Although lots and buildings wider than 25 or 35 feet are common, the scale often remains moderate through sensitive facade design and segmentation. Open spaces are smaller, but decks and balconies are used to advantage for many units. Supporting nonresidential uses are often found in these areas.

RM-4 Districts: High Density. These districts are devoted almost exclusively to apartment buildings of high density, usually with smaller units, close to downtown. Buildings over 40 feet in height are very common, and other tall buildings may be accommodated in some instances. Despite the intensity of development, distinct building styles and moderation of facades are still to be sought in new development, as are open areas for the residents. Group housing is especially common in these districts, as well as supporting nonresidential uses. (Added by Ord. 443-78, App. 10/6/78)

SEC. 206.3. RC (RESIDENTIAL-COMMERCIAL COMBINED) DISTRICTS.

These districts are intended to recognize, protect, conserve and enhance areas characterized by structures combining residential uses with neighborhood-serving commercial uses. The predominant residential uses are preserved, while provision is made for supporting uses, usually in or below the ground story, which meet the frequent needs of nearby residents without generating excessive vehicular traffic. The RC Districts are composed of four separate classes of districts, as follows:

RC-1 Districts: Low Density. These districts provide for a mixture of low-density dwellings similar to those in RM-1 Districts with certain commercial uses of a very limited nature. The commercial uses are those permitted in C-1 Districts, located in or below the ground story only and designed primarily for walk-in trade to meet the frequent and recurring needs of nearby residents. Open spaces are required for dwelling in the same manner as in RM-1 Districts, except that rear yards are somewhat smaller and front setback areas are not required.

RC-2 Districts: Moderate Density. These districts provide for a mixture of moderate-density dwellings similar to those in RM-2 Districts with supporting commercial uses. The commercial uses are those permitted in C-2 Districts, located in or below the ground story in most instances, and excluding automobile-oriented establishments. Open spaces are required for dwellings in the same manner as in RM-2 Districts, except that rear yards are somewhat smaller and need not be at ground level, and front setback areas are not required.

RC-3 Districts: Medium Density. These districts provide for a mixture of medium-density dwellings similar to those in RM-3 Districts, with supporting commercial uses. The commercial uses are those permitted in C-2 Districts, located in or below the ground story in most instances, and excluding automobile-oriented establishments. Open spaces are required for dwellings in the same manner as in RM-3 Districts, except that rear yards need not be at ground level and front setback areas are not required.

RC-4 Districts: High Density. These districts provide for a mixture of high-density dwellings similar to those in RM-4 Districts with supporting commercial uses. The commercial uses are those permitted in C-2 Districts, located in or below the ground story in most instances, and excluding automobile-oriented establishments. Open spaces are required for dwellings in the same manner as in RM-4 Districts, except that rear yards need not be at ground level and front setback areas are not required. The high-density and mixed-use nature of these districts is recognized by certain reductions in off-street parking requirements. (Added by Ord. 443-78, App. 10/6/78)

SEC. 207. DENSITY OF DWELLING UNITS IN R DISTRICTS.

The density of dwelling units permitted in the various R Districts shall be as set forth in Sections 207.1, 207.2, 207.5 and 209.1 of this Code. The term “dwelling unit” is defined in Section 102.7 of this Code. (Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90)

SEC. 207.1. RULES FOR CALCULATION OF DWELLING UNIT DENSITIES.

The following rules shall apply in the calculation of dwelling unit densities under this Code:

(a) The entire amount of lot area per dwelling unit specified in Sections 207.5 or 209.1 of this Code shall be required for each dwelling unit on the lot. Fractional numbers shall be adjusted downward to the next lower whole number of dwelling units.

(b) Where permitted by the provisions of Sections 207.5, 209.1 and 209.2 of this Code, two or more of the dwelling and other housing uses specified in said sections may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where dwelling units and group housing are combined, the maximum permitted density for dwelling units and for group housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot.

(c) Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density.

(d) No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density.

(e) Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the dwelling units attributable to the district permitting the greater density shall be located in the district permitting the lesser density. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 115-90, App. 4/6/90)

SEC. 207.2. SECOND UNITS.

(a) Second units, as defined and referred to in Government Code Section 65852.2, are precluded in RH-1(D) and RH-1 zoned areas, except where second units are currently permitted under Section 209.1(m) for units designed for and occupied by senior citizens or physically handicapped persons and except as may hereafter be permitted by later amendments to this Code governing second units.

(b) Government Code Section 65852.2 requires a City to adopt either an ordinance permitting or precluding second units within single-family and multifamily zoned areas or, in the alternative, to be subject to certain restrictions set forth in Government Code Section 65852.2(b). The provisions of this ordinance, in light of other provisions of the City Planning Code governing second units, do not result in the total preclusion of second units within single-family and multifamily zoned areas and therefore San Francisco has a legislative scheme which complies with Government Code Section 65852.2(a). In the event that it is determined, however, that San Francisco's legislative scheme does not comply with Government Code Section 65852.2(a), the following findings are made with the intent of complying with Government Code Section 65852.2(c).

(1) San Francisco's total land area is approximately 49 square miles and much of this land is not open to development because of topography or public ownership. San Francisco does not have the option open to many other cities of annexing undeveloped land currently outside its borders.

(2) San Francisco already has higher density development than other cities in California, both in terms of units per square feet of lot area and in terms of units per linear feet of street frontage. The density for housing development in San Francisco ranges from 4,000 square feet of lot area per unit in RH-1(D) (House, One-Family Detached Dwellings) Districts to 200 square feet per unit in RM-4 (Mixed Residential, High Density) Districts. Except for districts which require a lot width of 33 feet and an area of 4,000 square feet, the minimum lot size for housing development is 2,500 square feet in area, following the standard lot size in San Francisco (25 × 100 square feet), or 1,750 square feet for lots within 125 feet of a corner. This density and lot size requirement allows greater density than other jurisdictions in California where the typical density and lot size is about 5,000 square feet per unit for single-family dwellings and 1,500 square feet per unit for multifamily development.

(3) San Francisco is the most densely populated city in California. It is the fourth most densely populated city in the nation following only New York City and two cities in New Jersey (Jersey City and Patterson).

(4) The limited land area and the limited developable land area of San Francisco make it difficult to provide sites to replace single-family houses lost through conversion to a higher density. Once single-family homes are converted into multiple dwelling structures by the addition of a second unit, single-family housing stock is eliminated from the existing supply of single-family homes. The irrevocable loss of the limited supply of single-family housing stock throughout the City will adversely affect the health, safety and welfare of San Francisco residents.

(5) Single-family residences have in recent years been demolished at a faster rate than any other residential structures in the City primarily because new multiple-unit residential development in the City often occurs as the result of the demolition of single-family homes in multiple-unit districts. Single-family homes were 37 percent of the residential units demolished in 1984, and 61 percent of the residential units demolished in 1983. Single-family homes represented an even larger percentage of the residential structures demolished. Single-family homes were 86 percent of the residential structures demolished in 1984, and 74.4 percent of the residential structures demolished in 1983.

(6) Single-family structures represent only 1/3 of all residential structures in San Francisco compared to 60 percent of the residential structures in the State of California. Single-family homes accounted for 18 percent of the new housing units in San Francisco in 1984, and 7 percent of the new units in 1983. Other jurisdictions in California had single-family structures representing approximately 50 percent of their new residential building permits for the same period.

(7) The number of families in San Francisco declined in the years from 1970 to 1980, as evidenced by the school enrollment for the population group under 15 years old. The decline in enrollment was from 106,900 to 83,790. The zoning policy of the City and County of San Francisco should encourage families to live in the City rather than encouraging them to leave the City. A further decline in the number of families living in the City is detrimental to the public health, safety and welfare.

(8) The addition of second units to single-family dwellings usually results in an increase in the cost of those dwellings, and, in addition, to the cost of the remaining smaller supply of single-family homes without second units. An increase in the cost of these types of dwellings will discourage families from living in the City because the cost of dwellings most suitable for families will be beyond the means of many who would otherwise live in the City.

(9) San Francisco will probably face a need for more large units in the future than it did in the past, as the population ages and the new baby boom continues. Many women born between 1945 and 1952 who delayed child-bearing during the 1970's are now having babies at the same rate as women born after 1952.

(10) The addition of second units in single-family houses throughout the City will irrevocably deplete its limited supply of single-family homes and discourage families from living in the City by removing the type and size of dwelling units most suitable for families. Many of the residential parcels in the City are less than 2,500 square feet in size or 1,750 square feet for corner lots and do not meet minimum lot size standards. Many of these parcels were developed without required garages or with minimal garage space, and do not comply with existing off-street parking requirements. The addition of second residential units in these areas could only worsen existing congestion.

(11) Parking problems are severe in a number of areas of the City because of its dense population. The addition of second units in such areas will exacerbate the parking problem. Imposing off-street parking requirements on secondary units would only partially alleviate that problem in that additional units cause increased traffic other than that engaged in by the occupants of the units (such as persons visiting the occupants for social or business purposes) as well as by the occupants of the units.

(12) Increased parking problems in areas of the City already burdened with traffic congestion adversely affects the health, safety and welfare of the residents of such areas by interfering with access to off-street parking spaces, requiring additional police services to control traffic problems and unlawful parking, requiring occupants and visitors to park further from their homes (thereby also exposing themselves to greater inconvenience and, in some instances, threat to safety), and interfering with access by emergency vehicles during an emergency (a problem which is further complicated in areas with narrow streets, winding roads, and other topographical features which make access by vehicles difficult).

(13) A need exists in San Francisco for additional affordable housing. Allowing second units in RH-1(D) and RH-1 Districts is one means of providing such housing. However, to allow second units without restriction in all areas currently zoned RH-1(D) and RH-1 would adversely affect the health, safety and welfare of the public by permitting the conversion of an undue number of single-family houses to multi-family units; by eliminating low-density residential areas in the City and thereby depriving those who desire to live in the City without the stress of living in higher-density areas of their opportunity to do so; and by permitting second units to be added in areas where undue traffic congestion and the attendant difficulties described above, will occur.

(14) A further period of time is needed in order to determine those areas of the City where the traffic congestion problems described above would be least likely to occur and where second units may therefore be permitted without adverse impact to the public.

(15) There are no large districts suitable for the provision of second units, but instead there are small subareas which must be reviewed on a case-by-case basis with community participation in the review process. A case-by-case review is needed in order to determine those areas of the City where the traffic congestion problems described above would be least likely to occur and where second units may therefore be permitted without adverse impact to the public. Furthermore:

(A) The City Planning Code presently permits a secondary unit in all single-family homes in RH-1(S) (House, One-Family with Minor Second Unit), RH-2 (House, Two-Family) and RH-3 (House, Three-Family) Districts no matter what the lot size. Second units in single-family homes are permitted in all other multifamily residential districts (all RM and RC Districts), depending on the size of the lot.

(B) The City Planning Code Section 209.1(c) permits the mapping of the RH-1(S) (House, One-Family with Minor Second Unit) District. These RH-1(S) Zoning Districts provide for a two-family dwelling with the second dwelling limited to 600 square feet of net floor area. The second unit remains subordinate to the owner's unit and the structures retain the appearance of single-family dwellings. The RH-1(S) Zoning District has been mapped in four areas of the City. Additional mapping of the RH-1(S) Zoning District may be used to legalize existing secondary units in single-family homes and to increase the number of secondary units.

(C) Dwellings specifically designed for and occupied by senior citizens and handicapped persons are presently permitted at a density ratio or number of dwelling units not exceeding twice the number of dwelling units otherwise permitted as a principal use in the district by the City Planning Code (Section 209.1(m)).

(16) Restricting second units in single-family homes in San Francisco's RH-1(D) and RH-1 Zoning Districts may limit the housing opportunities of the region. However, over time, applications for RH-1(S) zoning designation may be reviewed on a case-by-case basis by the City Planning Commission and its staff, the Board of Supervisors and the Mayor and where second units would be appropriate and would not adversely affect the public health, safety and welfare of residents of the City and County of San Francisco, such rezoning applications would be approved. Neither the provisions of this Section nor those of Government Code Section 65852.2 preclude the City from hereafter amending this Code in order to permit second units in additional situations designed to address specific housing needs and circumstances unique to San Francisco.

(17) San Francisco has been and will continue to be a major provider of affordable housing opportunities in the region.

(A) Currently (1986) San Francisco administers 6,766 units of public housing and 2,574 Section 8 certificates.

(B) Article 34, Section 1 of the California Constitution requires the approval of the electorate as a condition to the development or acquisition of a low-rent housing project by the local jurisdiction. San Francisco has met the requirement with the City's voters approving the development of a maximum of 3,000 low-income housing units by a vote on Proposition Q on November 2, 1976. Together with the units previously approved, approximately 4,000 low-income housing units may be developed, constructed or acquired.

(C) Between 1981 and 1985, San Francisco's housing production efforts included, but were not limited to the following:

1. San Francisco undertook a major rezoning of underutilized land which will allow the development of 14,000 housing units. Another 1,700 units are underway on vacant publicly owned sites in the City.

2. San Francisco set aside $10,000,000 in general-fund monies for an Affordable Housing Fund. $6,100,000 of this amount is committed to create 443 housing units including the renovation of 82 vacant public housing units into privately managed two- and three-bedroom apartments.

3. San Francisco combined $1,000,000 in federal Community Development Funds with the proceeds of an $8,000,000 bond issue to finance home improvement loans for low- and moderate-income homeowners.

4. The Office Housing Production Program (OHPP), under which high-rise office developers are required to build or contribute to housing on a formula based on the size of their projects was instituted in 1981. The program has resulted in $25,000,000 and over 3,700 housing units to date.

5. The City of San Francisco has sold $84,000,000 in two bond issues since 1982 to provide 30-year, 10¾ percent mortgages to some 900 low-to middle-income first-time homebuyers. In addition a $42,000,000 bond issue was sold to finance up to 400 homes with 9.8 percent mortgages. In June, 1985 the City sold $44,000,000 in mortgage revenue bonds to finance the construction of 563 units of rental housing on five sites.

(D) Between 1980 and mid-1985 community-based nonprofit organizations which receive Community Development Block Grant funding built 1,166 new housing units for low- and moderate-income households. At the time of the 1985 report on their activities they had 200 units under construction, and 426 units planned. During this same time the organizations rehabilitated 1,780 units for lower-income households, had 426 units undergoing rehabilitation, and had plans to rehabilitate 1,285 units. (Added by Ord. 155-84, App. 4/11/84; amended by Ord. 526-85, App. 11/27/85; Ord. 324-86, App. 8/8/86)

SEC. 207.4. DENSITY OF DWELLING UNITS IN NEIGHBORHOOD COMMERCIAL DISTRICTS.

The density of dwelling units in Neighborhood Commercial Districts shall be as stated in the following subsections:

(a) The rules for calculation of dwelling unit densities set forth in Section 207.1 of this Code shall apply in Neighborhood Commercial Districts, except that any remaining fraction of ½ or more of the minimum amount of lot area per dwelling unit shall be adjusted upward to the next higher whole number of dwelling units.

The dwelling unit density in Neighborhood Commercial Districts shall be at a density ratio not exceeding the number of dwelling units permitted in the nearest Residential District, provided that the maximum density ratio shall in no case be less than the amount set forth in the following table. The distance to each Residential District shall be measured from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density.

(b) The dwelling unit density for dwellings specifically designed for and occupied by senior citizens or physically handicapped persons shall be at a density ratio not exceeding twice the number of dwelling units permitted by the limits set forth in Subsection (a). (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 262-00, File No. 001426, App. 11/17/2000)

SEC. 207.5. DENSITY OF DWELLING UNITS IN MIXED USE DISTRICTS.

(a) The dwelling unit density in the Chinatown Mixed Use District shall be at a density ratio not exceeding the amount set forth in the following Table 207.5(a):

Table 207.5(a)
Density of Dwelling Units in Chinatown Mixed Use Districts

(b) Except as indicated in Paragraph (c) below, the dwelling unit density in the South of Market Mixed Use Districts shall not exceed the amount set forth in the following table:

Table 207.5(b)
Density of Dwelling Units in South of Market Mixed Use Districts

(c) There shall be no density limit for single room occupancy (SRO) units in any South of Market Mixed Use District. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94)

SEC. 208. DENSITY LIMITATIONS FOR GROUP HOUSING.

Except for single room occupancy units in the South of Market Special Use District, the density limitations for group housing, as described in Sections 209.2(a), (b), and (c), 790.88(b) and 890.88(b) of this Code, shall be as follows:

(a) The maximum number of bedrooms on each lot shall be as specified in the following table for the district in which the lot is located, except that for lots in NC Districts, the group housing density shall not exceed the number of bedrooms permitted in the nearest Residential District provided that the maxi-mum density not be less than the amount permitted by the ratio specified for the NC District in which the lot is located.

Table 208
MAXIMUM DENSITY FOR GROUP HOUSING

(b) For purposes of calculating the maximum density for group housing as set forth herein, the number of bedrooms on a lot shall in no case be considered to be less than one bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each bedroom, each two beds shall be considered equivalent to one bedroom.

(c) The rules for calculation of dwelling unit densities set forth in Section 207.1 shall also apply in calculation of the density limitations for group housing, except that in NC Districts, any remaining fraction of ½ or more of the maximum amount of lot area per bedroom shall be adjusted upward to the next higher whole number of bedrooms. (Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 262-00, File No. 001426, App. 11/17/2000)

SEC. 209. USES PERMITTED IN R DISTRICTS.

(a) The uses listed in Sections 209.1 through 209.9 are permitted in R Districts as indicated by the following symbols in the respective columns for each district:

P: Permitted as a principal use in this district.

C: Subject to approval by the City Planning Commission as a conditional use in this district as provided in Section 303 of this Code.

NA: This listing not applicable to this district, as the same use is listed subsequently for the District with fewer restrictions.

Blank Space: Not permitted in this district.

(b) The Section titles are intended only as an aid to use of this Code and are not binding as to interpretation of these Sections. Uses listed in this table shall not include any use specifically listed elsewhere in the table.

(c) Determinations as to the classification of uses not specifically listed shall be made in the manner indicated in Sections 202 and 307(a) of this Code.

(d) References should be made to Sections 204 through 204.5 for regulations pertaining to accessory uses permitted for principal and conditional uses listed in Sections 209.1 through 209.9.

(e) Reference should also be made to the other Articles of this Code containing provisions relating to definitions, off-street parking and loading dimensions, areas and open spaces, nonconforming uses, height and bulk districts, signs, historic preservation, and other factors affecting the development and alteration of properties in these use Districts.

(f) Reference should be made to Section 249.1 for provisions pertaining to uses in the Residential Subdistrict of the Rincon Hill Special Use District. (Ord. 532-85 § 6, 1985: Amended Ord. 443-78, App. 10/6/78)

SEC. 209.1. DWELLINGS.

SEC. 209.2. OTHER HOUSING.

SEC. 209.3. INSTITUTIONS.

SEC. 209.4. COMMUNITY FACILITIES.

SEC. 209.5. OPEN RECREATION AND HORTICULTURE.

SEC. 209.6. PUBLIC FACILITIES AND UTILITIES.

SEC. 209.7. VEHICLE STORAGE AND ACCESS.

SEC. 209.8. COMMERCIAL ESTABLISHMENTS.

SEC. 209.9. OTHER USES.

SEC. 210. DESCRIPTION AND PURPOSE OF COMMERCIAL AND INDUSTRIAL DISTRICTS.

The following statements of description and purpose outline the main functions of the C (Commercial) and M (Industrial) Districts in the zoning plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code. The emphasis, in the case of these districts, is upon the allocation of adequate areas in proper locations for the carrying on of business and industry to serve City, regional and national needs and provide San Francisco with a sound and growing economic base.

The description and purpose statement for Neighborhood Commercial Districts are listed in Article 7, Sections 710.1 through 728.1. The description and purpose statements for South of Market Districts are listed in Article 8, Sections 813 through 818 of this Code. (Amended by Ord. 136-68, App. 5/29/68; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90)

SEC. 210.1. C-1 DISTRICTS: NEIGHBORHOOD SHOPPING.

These districts are intended for the supplying ofretail goods and personal services at convenient locations to meet the frequent and recurring needs of nearby residents. These districts are usually surrounded by residential areas of relatively low densityof development, often in outlying areas of theCity, and the size and use of commercial buildingsin these districts are intended to be consistent with those residential densities. Close concentrations of complementary commercial uses are encouraged, with minimum interruption by open uses and nonretail enterprises. (Amended by Ord. 136-68, App. 5/29/68)

SEC. 210.2. C-2 DISTRICTS: COMMUNITY BUSINESS.

These districts serve several functions. On a larger scale than the C-1 Districts, they provide convenience goods and services to residential areas of the City, both in outlying sections and in closer-in, more densely built communities. In addition, some C-2 Districts provide comparison shopping goods and services on a general or specialized basis to a citywide or a regional market area, complementing the main area for such types of trade in downtown San Francisco. The extent of these districts varies from smaller clusters of stores to larger concentrated areas, including both shopping centers and strip developments along major thoroughfares, and in each case the character and intensity of commercial development are intended to be consistent with the character of other uses in the adjacent areas. As in C-1 Districts, the emphasis is upon compatible retail uses, but a wider variety of goods and services is included to suit the longer-term needs of customers and a greater latitude is given for the provision of automobile-oriented uses. (Amended by Ord. 136-68, App. 5/29/68)

SEC. 210.3. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.

Downtown San Francisco, a center for City, regional, national and international commerce, is composed of four separate districts, as follows:

C-3-O District: Downtown Office. This district, playing a leading national role in finance, corporate headquarters and service industries, and serving as an employment center for the region, consists primarily of high-quality office development. The intensity of building development is the greatest in the City, resulting in a notable skyline symbolizing the area's strength and vitality. The district is served by City and regional transit reaching its central portions and by automobile parking at peripheral locations. Intensity and compactness permit face-to-face business contacts to be made conveniently by travel on foot. Office development is supported by some related retail and service uses within the area, with inappropriate uses excluded in order to conserve the supply of land in the core and its expansion areas for further development of major office buildings.

C-3-R District: Downtown Retail. This district is a regional center for comparison shopper retailing and direct consumer services. It covers a compact area with a distinctive urban character, consists of uses with cumulative customer attraction and compatibility, and is easily traversed by foot. Like the adjacent Downtown Office District, this district is well-served by City and regional transit, with automobile parking best located at its periphery. Within the district, continuity of retail and consumer service uses is emphasized, with encouragement of pedestrian interest and amenities and minimization of conflicts between shoppers and motor vehicles. A further merging of this district with adjacent, related districts is anticipated, partially through development of buildings which combine retailing with other functions.

C-3-G District: Downtown General Commercial. This district covers the western portions of downtown and is composed of a variety of uses: Retail, offices, hotels, entertainment, clubs and institutions, and high-density residential. Many of these uses have a citywide or regional function, although the intensity of development is lower here than in the downtown core area. As in the case of other downtown districts, no off-street parking is required for individual commercial buildings, but in portions of this district automobile parking is a major land use, serving this district and the adjacent office and retail core areas. In the vicinity of Market Street, the configuration of this district reflects easy accessibility by rapid transit.

C-3-S District: Downtown Support. This district accommodates near the intensive downtown core areas important supporting functions such as wholesaling, printing, building services, secondary office space and parking. It also contains unique housing resources. Motor vehicle access from freeway ramps to this district is good, and truck and automobile traffic is heavy; at the same time, the district is within walking distance of rapid transit on Market Street. In its eastern portion, the district also serves in part as an expansion area for offices, at a lesser intensity than in the Downtown Office District. The district has for the most part been underdeveloped in the past, and opportunities exist for major developments of new uses covering substantial areas. (Amended by Ord. 414-85, App. 9/17/85)

SEC. 210.4. C-M DISTRICTS: HEAVY COMMERCIAL.

These districts provide a limited supply of land for certain heavy commercial uses not permitted in other commercial districts. There is an emphasis upon wholesaling and business services, and some light manufacturing and processing are also permitted though limited in most cases to less than an entire building. In recognition of the potentially adverse effects of these heavy uses and the proximity of these districts to residential and other commercial areas, standards are imposed as to enclosure within buildings and screening of outdoor uses. (Added by Ord. 136-68, App. 5/29/68)

SEC. 210.5. M-1 DISTRICTS: LIGHT INDUSTRIAL.

These are one of two types of districts providing land for industrial development. In general, the M-1 Districts are more suitable for smaller industries dependent upon truck transportation, while the M-2 Districts are more suitable for larger industries served by rail and water transportation and by large utility lines. In M-1 Districts, most industries are permitted, but some with particularly noxious characteristics are excluded. The permitted industries have certain requirements as to enclosure, screening and minimum distance from Residential Districts. (Amended by Ord. 443-78, App. 10/6/78)

SEC. 210.6. M-2 DISTRICTS: HEAVY INDUSTRIAL.

These districts are the least restricted as to use and are located at the eastern edge of the City, separated from residential and commercial areas. The heavier industries are permitted, with fewer requirements as to screening and enclosure than in M-1 Districts, but many of these uses are permitted only as conditional uses or at a considerable distance from Residential Districts. (Amended by Ord. 443-78, App. 10/6/78)

SEC. 212. ADDITIONAL REQUIREMENTS FOR USES IN CERTAIN C AND M DISTRICTS.

In the following C and M Districts, the permitted uses indicated in Sections 215 through 227 shall be subject to the additional requirements contained in this Section 212.

(a) In C-1 and C-2 Districts, all permitted uses, and all storage, servicing, fabricating, processing or repair uses accessory thereto, shall be conducted within enclosed buildings, with the exceptions of those uses indicated by an asterisk (*) in the column for the district, and with the exception, also, of the following accessory uses where permitted:

(1) Accessory off-street parking and loading area;

(2) Accessory outdoor dining areas;

(3) Accessory recreation areas.

(b) In C-1, C-3-O, C-3-R and C-3-G Districts, no permitted use shall include an establishment of the“drive-in” type, serving customers waiting in parked motor vehicles, with the exception of automobile service stations and automobile washes where permitted.

(c) In the C-3-R District, along any block frontage that is entirely within such district or partly in such district and partly in the C-3-O District, where such block frontage faces a street 40 feet or more in width, the following requirements shall apply to assure continuity of retail and consumer service uses:

(1) Only those permitted uses listed in Sections 218 and 227 shall be located facing such street in the ground story of any building. At least ½ the total width of any new or reconstructed building, parallel to and facing such street, shall be devoted at the ground story to entrances, show windows or other displays of such uses.

(2) All other permitted uses shall be located either on stories above or below the ground story or at a distance of not less than 20 feet behind the front of the building at the ground story. No more than 1/3 the width of any lot, parallel to and facing such street, shall be devoted to entrances to such other permitted uses.

(d) No use listed as permitted in any C District or M-1 District shall include any use that is hazardous, noxious or offensive for reasons described in Section 202(c) of this Code.

(e) In C-3 Districts, all demolitions of residential buildings and all conversions to nonresidential use of residential uses above the ground floor shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Superintendent of the Bureau of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition or conversion, in lieu of the criteria set forth in Planning Code Section 303, consideration shall be given to the adverse impact on the public health, safety and general welfare of the loss of housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied. (Amended by Ord. 414-85, App. 9/17/85)

SEC. 213. USES PERMITTED IN C AND M DISTRICTS.

(a) The uses listed in Sections 215 through 227 are permitted in C and M Districts as indicated by the following symbols in the respective columns for each district:

P: Permitted as a principal use in this district.

C: Subject to approval by the City Planning Commission as a conditional use in this district as provided in Section 303 of this Code.

NA: This listing not applicable to this district, as the same use is listed subsequently for the district with fewer restrictions.

Blank Space: Not permitted in this district.

(b) The Section titles are intended only as an aid to use of this Code and are not binding as to interpretation of these Sections. In general, but not in all cases, uses that are more widely permitted in C and M Districts are listed in earlier Sections. Uses listed in an earlier Section shall not include any use first specifically listed in a later Section. Where the same use is listed as permitted two or more times for the same district, with different restrictions, the permitted listing with the fewest restrictions shall prevail for that district.

(c) Determinations as to the classification of uses not specifically listed shall be made in the manner indicated in Sections 202 and 307(a) of this Code.

(d) Reference should be made to Sections 204 through 204.5 for regulations pertaining to accessory uses permitted for principal and conditional uses listed in Sections 215 through 227.

(e) Reference should also be made to the other Articles of this Code containing provisions relating to definitions, off-street parking and loading, dimensions, areas and open spaces, nonconforming uses, height and bulk districts, signs, historic preservation, and other factors affecting the development and alteration of properties in these use districts. (Amended by Ord. 443-78, App. 10/6/78)

SEC. 215. DWELLINGS.

SEC. 216. OTHER HOUSING.

SEC. 217. INSTITUTIONS.

SEC. 218. RETAIL SALES AND PERSONAL SERVICES.

SEC. 218.1. MASSAGE ESTABLISHMENTS.

SEC. 219. OFFICES.

SEC. 220. LAUNDERING, CLEANING AND PRESSING.

SEC. 221. ASSEMBLY AND ENTERTAINMENT.

SEC. 222. HOME AND BUSINESS SERVICES.

SEC. 223. AUTOMOTIVE.

SEC. 224. ANIMAL SERVICES.

SEC. 225. WHOLESALING, STORAGE, DISTRIBUTION AND OPEN-AIR HANDLING OF MATERIALS AND EQUIPMENT.

SEC. 226. MANUFACTURING AND PROCESSING.

SEC. 227. OTHER USES.

SEC. 228. FINDINGS.

(a) The recent trend toward conversion of service stations to non-service station use has resulted in the curtailment of essential services, including automobile refueling and emergency services, and is contrary to the public health, safety, peace and general welfare.

(b) To address this problem, the Board of Supervisors adopted Resolution No. 759-89 to impose interim controls on the conversion of service stations and to create a task force to study this problem and make recommendations to this Board regarding how to address this problem.

(c) In the 17 months since Resolution 759-89, 11 more service stations have been converted to other uses. The Service Station Conversion Task Force has recommended that the Board of Supervisors adopt permanent legislation to address this problem.

(d) The Board of Supervisors recognizes that service station operators and those who own property on which such stations are located are entitled to earn a fair rate of return on their investment. Where a fair rate of return is being earned, the Board finds that service stations should be allowed to convert to other uses only where it is determined that the conversion would benefit the public. (Added by Ord. 288-91, App. 7/22/91)

SEC. 228.1. DEFINITIONS.

Whenever used in Sections 228.2 through 228.5 unless a different meaning clearly appears from the context:

(a) “Gasoline service station” shall mean an establishment that sells and dispenses gasoline and other motor fuels and lubricating fluids directly into motor vehicles and which may, in addition, provide the types of services specified in Sections 223(f) or 223(g) of this Code.

(b) “Conversion” shall mean to change the use of a property from a service station use to a different type of use.

(c) Where the property owner does not own the service station business, “return on investment” shall mean the before income tax total annual rent and other compensation received from the service station business for the lease of the land and buildings, less the expenses of the lessor, on a cash basis.

(d) Where the property owner also owns the service station business, “return on investment” shall mean the before income tax profit on the sale of all goods and services at the service station, including the sale of gasoline, less the cost of goods sold and operating costs, on a cash basis.

(e) “Total investment in the property” shall mean the fair market value of the property at the time the application is filed with the Zoning Administrator.

(f) “Demolition” shall mean the physical removal of underground, and/or surface tanks used in storage and dispensing of gasoline and/or any building or canopy without the replacement of such equipment or structures to allow continued operation of the gasoline service station. (Added by Ord. 288-91, App. 7/22/91)

SEC. 228.2. LIMITATION ON CONVERSIONS.

(a) No owner of a property used as a service station shall change the use of the property to a different type of use without first applying for and receiving either a conditional use authorization from the City Planning Commission, or a conversion determination from the Zoning Administrator. Such authorizations shall be in addition to any other permit or authorization required for a proposed service station conversion under any applicable City, State or federal law or regulation. The procedures for service station conversion applications shall be as described in Sections 306 and 306.1 of this Code for conditional use and variance actions.

(b) Either the City Planning Commission or the Zoning Administrator shall determine at a public hearing whether an applicant is entitled to convert the gasoline service station, depending on the grounds on which the permit is sought. The City Planning Commission shall make conditional use authorization determinations based on the criteria set forth in Section 228.3. The Zoning Administrator shall make service station conversion determinations under the grounds set forth in Subsection 228.4(a). An applicant may, but need not, apply to the City Planning Com-mission for a conditional use authorization pursuant to Section 228.3 and apply to the Zoning Administrator for a conversion authorization pursuant to Section 228.4(a), provided that if either one approves the application at the first hearing held on it, no hearing shall be necessary before the other. The procedures for service station conversion hearings shall be as described in Sections 306 through 306.5 and 306.8 of this Code for conditional use action (City Planning Commission hearings) and variance action (Zoning Administrator hearings). (Added by Ord. 288-91, App. 7/22/91)

SEC. 228.3. CRITERIA FOR PLANNING COMMISSION CONDITIONAL USE AUTHORIZATION.

In acting on any application for conditional use authorization for conversion, the Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c) of this Code.

The City Planning Commission shall approve the application and authorize the service station con-version if it determines from the facts presented that the reduction in availability of automotive goods and services resulting from the service station conversion would not be unduly detrimental to the public because either:

(a) Comparable automotive goods and services are available at other reasonably accessible locations; or

(b) The benefits to the public of the service station conversion would outweigh any reduction in automotive goods and services availability because the proposed new use is more necessary or desirable for the neighborhood or community than continued service station use.

(c) In making determinations under Subsection (a), the City Planning Commission shall consider the following factors:

(1) The types of services offered by the gasoline service station sought to be converted and the hours and days during which such goods and services are available;

(2) The volume of gasoline and other motor fuel sold and the number of vehicles serviced at such gasoline service station during each of the 24 months preceding the filing of the conditional use authorization application;

(3) Whether the volume of gasoline and other motor fuel sold and the number of vehicles serviced each month has increased or decreased during the 24-month period immediately preceding the conditional use authorization;

(4) The accessibility of comparable automotive goods and services offered by other gasoline service stations and repair garages which serve the same geographic area and population segments (e.g., neighborhood residents, in-town or out-of-town commuters, tourists) as the service station sought to be converted.

(d) In making determinations under Subsection (b), the Planning Commission shall consider the following factors:

(1) If the proposed use is a residential use, the total number of units to be provided and the number of those units that are affordable units;

(2) If the proposed new use is a commercial use, the types of goods and services to be offered and the availability of comparable products and services in the vicinity;

(3) The relative environmental dangers posed by the current and proposed uses, including but not limited to the quality and character of waste generated, noxious or offensive emissions, fire and explosion hazards and noise, and whether the service station conversion would facilitate the cleanup of existing contamination at the property;

(4) The relative employment opportunities offered by the gasoline service station and the proposed new use;

(5) The relative amount of taxes or other revenues to be received by the City or other governmental bodies from service station use and the proposed new use;

(6) Whether the service station use and the proposed use are permitted principal uses, conditional use or nonconforming use. (Added by Ord. 288-91, App. 7/22/91; Amended by Ord. 185-92, App. 6/22/92)

SEC. 228.4. CRITERIA FOR ZONING ADMINISTRATOR CONVERSION DETERMINATION.

(a) The Zoning Administrator shall approve the application and authorize the service station conversion if the Zoning Administrator determines from the facts presented that the owner of the subject property is not earning a fair return on investment. The owner shall bear the burden of proving that the owner is not earning a fair return on investment. A property owner's application under this Section shall be signed by the owner or an authorized representative of the owner and, under penalty of perjury, declared to contain true and correct information. The application shall be accompanied by:

(1) An independent appraisal of the property stating its value;

(2) A written statement from an independent Certified Public Accountant summarizing the applicant's financial records, including the property appraisal and stating the return on investment calculated pursuant to this ordinance;

(3) A certified statement from the Certified Public Accountant identifying the owner of the property and the owner of the service station business;

(4) Such other financial information as the Zoning Administrator may reasonably determine is necessary to make the determination provided for in this Section.

(b) There shall be a rebuttable presumption that the property owner is earning a fair return on investment if the property owner has earned at least a nine percent return on the property owner's total investment in the property for the 24-month period immediately preceding the filing of the application, or in the case of a service station business that ceased operations after October 12, 1989, for the 24-month period immediately preceding the date the service station ceased operations. The property owner may rebut this presumption by offering evidence demonstrating that because of special facts regarding his or her property the property owner is not earning a fair return on investment or that because of special demonstrated circumstances the applicant would not earn a fair return on investment from service station use during that 12-month period after the filing of the service station conversion application.

(c) Prior to conducting such a hearing, the Zoning Administrator shall provide public notice of the hearing prior to the date of the hearing. Such notice shall include written notice to each property owner within 300 feet in every direction from the gasoline service station as shown in the last equalized assessment roll, such notice to be mailed at least 10 days before the hearing. The applicant also shall provide posted notice in a visible location on the gasoline service site at least 20 days before the hearing.

(d) The Zoning Administrator shall render written determination within 60 days of the hearing.

(e) If necessary, the Zoning Administrator shall have the authority to consult with or retain the assistance of the staffs of the Department of Public Works, Real Estate Department, Mayor's Office of Business and Economic Development, and Office of Community Development in the review of applications for service station conversion. (Added by Ord. 288-91, App. 7/22/91; amended by Ord. 185-92, App. 6/22/92; Ord. 180-95, App. 6/2/95)

SEC. 228.5. DEMOLITION AND TANK REMOVAL.

(a) No service station shall be demolished except to enable a new service station to be constructed on the property, unless:

(1) The property owner has first obtained a conditional use authorization from the Planning Commission pursuant to Section 228.3 or a conversion determination from the Zoning Administrator pursuant to Section 228.4; or

(2) The Bureau of Building Inspection and the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety.

(b) Notwithstanding Subsections (a)(1) and (a)(2) above, if a service station is owned by a lessee of the property and the property lease was signed prior to the effective date of this ordinance, which lease permits or requires the lessee to remove the service station from the property before or after the expiration or termination of the lease, and the lease has expired or terminated or will do so within 60 days, the lessee may cease operation of the service station as permitted or required in the lease. Nothing in this provision, however, shall relieve the property owner from continued use of property as a gasoline service station as defined by Section 228.1(f) or the requirements of Subsection (a)(1) above.

(c) This ordinance shall not limit the removal of any underground storage tank at a service station where removal of the tank is required to comply with any other local, State or federal law or regulation or where the Director of Public Health or a State or federal regulatory agency with jurisdiction over underground storage tanks determines that the tank poses, or removal of the tank is necessary to mitigate, a threat to public health or safety, including but not limited to waters of the State. All appropriate permits (other than the authorizations required by this ordinance for conversions) shall be obtained prior to such authorized tank removals. The removal of an underground tank pursuant to this Section does not otherwise exempt a property owner from the requirement of obtaining conditional use authorization to convert a gasoline service station. (Added by Ord. 288-91, App. 7/22/91)

SEC. 229. ESTABLISHMENTS THAT SELL ALCOHOLIC BEVERAGES CONCURRENT WITH MOTOR VEHICLE FUEL.

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

(b) Conditional Use Authorization Required for Establishments that Sell Beer or Wine with Motor Vehicle Fuel. Any establishment that proposes to retail motor vehicle fuel and provide retail sale ofbeer or wine shall require conditional use authorization.

(1) The Planning Commission may deny authorization or grant conditional authorization to an applicant based upon the criteria set forth in Section 303(c) of this Code.

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

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

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

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

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

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

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

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

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

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

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

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

(L) The City may impose sanctions, including suspension or revocation of the conditional use permit, for violation of any of the terms or conditions of the conditional use permit.

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

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

(c) Definitions. For purposes of this Section, the following definitions shall apply:

(1) “Alcoholic beverages” shall be as defined in California Business and Professions Code Section 23004;

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

(3) “Motor vehicle fuel” shall mean gasoline, other motor fuels and lubricating oil dispensed directly into motor vehicles;

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

(d) Application to Existing Uses. Any use lawfully selling motor vehicle fuel and alcoholic beverages (as licensed by the State of California) and existing prior to the effective date of this Section shall be subject to this Section to the extent allowable by Business and Professions Code Section 23790. (Added by Ord. 420-97, App. 11/7/97)

SEC. 233. LIVE/WORK UNITS.

(a) After the effective date of this ordinance, no City official, department, board or commission shall issue or approve a building permit or other land use entitlement authorizing a new live/work unit as defined in Section 102.13 of this Code, except as authorized as an accessory use under Section 204.4. Lawfully approved live/work units existing on the that date shall comply with the Code provisions in effect at the time they were authorized, as set forth below and in other sections of this Code applicable to live/work units, and shall further be subject to the nonconforming use provisions of Section 181 of this Code

(b) If a live/work unit would occupy any space last used as a dwelling unit or group housing, or whose legal use as shown in the permit records of the City is as a dwelling unit or group housing, the live/ work unit shall not be permitted in any RH or RM District, and shall require conditional use approval in any RC, C, M or South of Market District, notwithstanding Sections 209.9 or 227 of this Code.

(c) Live/work units satisfy the conditions of this subsection if:

(1) They are part of a project which will result in issuance of a certificate or certificates of occupancy for 10 or more new or additional live/work units; and

(2) The project is sponsored by one or more organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, each of whose articles of incorporation state as a principal purpose providing living quarters to artists, and each of whose articles of incorporation require that at least 51 percent of the members of the board of directors must be artists engaging in one or more arts activities falling within the definition of Section 102.2 of this Code; and

(3) The qualified sponsoring organization or organizations will, until completion of the project:

(A) Own the project,

(B) Own an interest of 51 percent or more in a joint tenancy or tenancy in common which owns the project,

(C) Have a right to 51 percent or more of the net income and of all distributions, including distributions on liquidation, of a partnership or joint venture which owns the project, or

(D) Be the only general partner or only general partners, or only managing general partner, in a limited partnership which will qualify the project for complete or partial exemption from property tax under California Revenue and Taxation Code Section 214(g) or a successor provision; and

(4) All permits for the project are issued on the application of, and in the name of, a corporation described in Subsection (2) above or a partnership described in Subsection (3)(C) or (3)(D); and

(5) The project will, under federal or state law, or local legal authority other than this Code, be required to rent, lease or sell at least 20 percent of the live/work units in the project at rates or prices affordable to households whose incomes are no greater than 50 percent of the median income for households in San Francisco as determined under California Administrative Code Section 6932, or its successor provision, or, alternatively, be so required to rent, lease or sell a minimum of 40 percent of the live/work units at rates or prices affordable to households whose incomes are no greater than 60 percent of said median income; and

(6) All non-arts activity other than residential in the project is otherwise permitted in the district, or is otherwise conditional in the district and is approved as a conditional use pursuant to this Code; and

(7) The subject live/work units are marketed on a preferential basis for arts activities as defined in Section 102.2 of this Code. For the purpose of this subsection, “preferential marketing” shall consist of:

(A) Advertising the initial leasing of all newly created units in publications which are oriented to audiences engaged in arts activities for a minimum of three months in advance of other advertising and, for subsequent vacancies, advertising in similar publications promptly after future vacancies are known to the owner or the owner's representatives, but in no event less than one month in advance of other advertising, and

(B) Notification of organizations concerned with arts activities a minimum of three months in advance of initial leasing activities and, for subsequent vacancies, promptly after future vacancies are known to the owner or owner's representative, but in no case less than one month in advance of other advertising.

(d) The location of each live/work unit in a multi-unit structure in a C or M District shall be marked by a plaque, diagram or other device visible to emergency personnel from the exterior building face of the structure containing the unit.

(e) Each person, other than a person applying as owner of a fee interest, who applies to erect or alter a live/work unit, or to change use or occupancy in order to authorize a live/work unit, shall submit on a form approved by the Department of Public Health, a disclosure signed by a fee owner of the property in question stating what hazardous materials, if any, are known to exist in the vicinity of the unit. (Added by Ord. 412-88, App. 9/10/88; amended by Ord. 115-90, App. 4/6/90; Ord. 56-02, File No. 012127, App. 4/29/2002)

SEC. 234. P DISTRICTS.

In addition to the use districts otherwise established by this Code, there shall also be in the City a Public Use District herein referred to as a “P District,” to apply to land that is owned by a governmental agency and in some form of public use, including open space.

The purpose of designating such land as a P District on the Zoning Map is to relate the Zoning Map to actual land use and to the Master Plan with respect to such land. Any lot in a P District may be occupied by a principal use listed in Section 234.1, or by a conditional use listed in Section 234.2, subject to applicable regulations of this Code including the limitations of Section 290 for OS (Open Space) Districts; provided, however, that on any lot in a P District, which lot is within ¼ mile of the nearest NC-1 or Individual Area Neighborhood Commercial District as described in Article 7 of this Code, no accessory nonpublic use shall be permitted, unless such use or feature complies with the controls which are applicable in any NC-1 or Individual Area Neighborhood Commercial District or Restricted Use Subdistrict located within ¼ mile of the lot, excluding the provisions of zoning category .83, as defined in Section 790.80 of Article 7. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87)

SEC. 234.1. PRINCIPAL USES PERMITTED, P DISTRICTS.

(a) Structures and uses of governmental agencies not subject to regulation by this Code.

(b) Public structures and uses of the City and County of San Francisco, and of other governmental agencies that are subject to regulation by this Code, including accessory nonpublic uses, when in conformity with the Master Plan and the provisions of other applicable codes, laws, ordinances and regulations; provided, however, that on any lot in a P District, which lot is within ¼ mile of the nearest NC-1 or Individual Area Neighborhood Commercial District or Restricted Use Subdistrict described in Article 7 of this Code, no accessory nonpublic use shall be permitted, unless such use or feature complies with the controls which are applicable in any NC-1 or Individual Area Neighborhood Commercial District located within ¼ mile of the lot, excluding the provisions of zoning category .82, as defined in Section 790.80 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)

SEC. 234.2. CONDITIONAL USES, P DISTRICTS.

The following uses shall be subject to approval by the City Planning Commission, as provided in Section 303 of this Code:

(a) Those uses listed in Sections 209.3(d), (e), (f), (g), (h), (i), (j); 209.4(a); 209.5(a), (b); 209.6(b); 209.6(c); 209.9(c); and 234.2(c) and (d) of this Code.

(b) With respect to any lot in a P District, which lot is within ¼ mile of the nearest NC-1 or Individual Area Neighborhood Commercial District as described in Article 7 of this Code, no accessory nonpublic use shall be permitted, unless such use or feature complies with the controls which are applicable in any NC-1 or Individual Area Neighborhood Commercial District or Restricted Use Subdistrict located within ¼ mile of the lot, excluding the provisions of zoning category .82, as defined in Section 790.80 of Article 7.

(c) Parking lot or garage uses listed in Sections 890.7 through 890.12 of this Code when located within any P district within the South of Market Base District and within the right-of-way of any state or federal highway.

(d) In any P District which is within the South of Market Base District, if the use is located within the right-of-way of any state or federal highway, the following uses:

(1) Retail and personal service uses primarily meeting the needs of commuters on nearby streets and highways or persons who work or live nearby, provided that:

(A) The space is on the ground floor of a publicly-accessible parking garage;

(B) The total gross floor area per establishment does not exceed 2,500 square feet;

(C) The space fronts on a major thoroughfare; and

(D) The building facade incorporates sufficient fenestration and lighting to create an attractive urban design and pedestrian-oriented scale.

(2) Open-air sale of new or used merchandise, except vehicles, located within a publicly- accessible parking lot, provided that:

(A) The sale of goods and the presence of any booths or other accessory appurtenances are limited to weekend and/or holiday daytime hours;

(B) Sufficient numbers of publicly-accessible toilets and trash receptacles are provided on-site and are adequately maintained; and

(C) The site and vicinity are maintained free of trash and debris. (Amended by Ord. 443.78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 115-90, App. 4/6/90; Ord. 77-02, File No. 011448, App. 5/24/2002)

SEC. 235. SPECIAL USE DISTRICTS.

In addition to the use districts that are established by Section 201 of this Code, there shall also be in the City such special use districts as are established in this Section and Sections 236 through 249.5, in order to carry out further the purposes of this Code. The designations, locations and boundaries of these special use districts shall be as provided in Sections 236 through 249.5, and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. The original of the numbered sectional maps of the Zoning Map for Special Use Districts referred to in Sections 236 through 249.5 is on file with the Clerk of the Board of Supervisors under File No. 191-67-2. and No. 273.80. In any special use district the provisions of the applicable use district established by Section 201 shall prevail, except as specifically provided in Sections 236 through 249.5. (Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85)

SEC. 236. GARMENT SHOP SPECIAL USE DISTRICT.

In order to provide for garment shops of limited size in a recognized area of the City, there shall be a Garment Shop Special Use District as designated on Sectional Map No. 1 SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) A garment shop equipped with single-head power or hand sewing machines and specialty machines, where the total number of such single-head machines does not exceed 25, shall be permitted as a principal use on any lot in an NC District, C District or Residential-Commercial Combined District therein at a location where commercial uses are permitted. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87)

SEC. 237. AUTOMOTIVE SPECIAL USE DISTRICT.

In order to provide for a major automotive area with a citywide and regional market, there shall be an Automotive Special Use District as designated on Sectional Map No. 2 SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Wholesaling of automotive parts and any automotive use listed in Section 223 of this Code when connected with and incidental to the sale of new or used automobiles, shall be permitted as principal uses. In addition, any automotive use listed in Section 223 that is not connected with and incidental to the sale of automobiles, and not otherwise permitted, may be permitted as a conditional use by the City Planning Commission under Section 303 of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 154-88, App. 4/7/88)

SEC. 238. NOB HILL SPECIAL USE DISTRICT.

In order to provide for an established area with a unique combination of uses and a special identity, there shall be a Nob Hill Special Use District as designated on Sectional Map No. 1 SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) A hotel, inn or hostel, as described in Section 209.2(e) of this Code, may be permitted by the City Planning Commission as a conditional use under Section 303 of this Code.

(b) In connection with any permitted principal or conditional use located in such special use district, incidental commercial uses may be permitted by the City Planning Commission as a conditional use under Section 303 of this Code, if designed primarily for occupants of and visitors to the use to which they are incidental, accessible to the general public only from within the building, and not identified outside the building by means of any sign or signs.

(c) A private lodge, private clubhouse, private recreational facility or community facility other than as specified in Planning Code Subsection 209.4(a) of this Code, and which is not operated as a gainful (for-profit) business may be permitted by the Planning Commission as a conditional use under Section 303 of this Code.

(d) Eating and drinking uses as defined in Section 790.34 of this Code, with the exception of large fast-food restaurants as defined in Section 790.90 of this Code, may be permitted by the Planning Commission as a conditional use under Section 303 of this Code. The limitations on design, accessibility and identification set forth in Subsection (b) above shall not apply to such uses hereby permitted.

(e) Signage for principal permitted uses or for eating and drinking uses within the Nob Hill Special Use District shall be limited as per Planning Code Section 606 with the exception that projecting signs in the form of sign copy on canopies and awnings shall be permitted for eating and drinking uses in lieu of wall signs unless otherwise limited as a condition of approval of a conditional use authorization.

(f) The various uses provided for in Subsections 238(a) through 238(e) above are not permitted in any portion of a building which is devoted to a dwelling unit or to group housing as defined in Section 209.2(a) of this Code.

(g) Awnings, canopies and marquees, as regulated in Section 136.3 of this Code, shall be permitted in the Nob Hill Special Use District. (Amended by Ord. 443-78, App. 10/6/78; Ord. 329-91, App. 9/11/91)

SEC. 239. WASHINGTON-BROADWAY SPECIAL USE DISTRICTS.

In order to provide for certain areas with special traffic and parking considerations, many existing buildings of small scale and established character which have been and will be retained and converted, and certain wholesaling activities carried on with distinct benefit to the city, there shall be two Washington-Broadway Special Use Districts, Numbers 1 and 2, as designated on Sectional Map No. 1 SU* of the Zoning Map. The following provisions shall apply within such special use districts:

(a) There shall be certain exemptions from off-street parking requirements, as provided in Section 161(d) of this Code.

(b) No permitted use shall include an establishment of the “drive-in” type, serving customers waiting in parked motor vehicles, with the exception of automobile service stations.

(c) A parking lot, or a storage garage open to the public for passenger automobiles if not a public building requiring approval by the Board of Supervisors under other provisions of law, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(d) In Washington-Broadway Special Use District Number 2 only, a wholesale establishment conducted entirely within an enclosed building shall be permitted as a principal use. (Amended by Ord. 443-78, App. 10/6/78)

SEC. 240. WATERFRONT SPECIAL USE DISTRICT.

(a) Purpose. In order to provide for certain areas with unique natural and man-made physical characteristics, distinct maritime character, special traffic, parking and use considerations, recognized development potential, and proximity to residential, public and commercial areas of regional, national and international significance which should be protected from adverse adjacent development, there shall be three Waterfront Special Use Districts, Numbers 1, 2 and 3, as designated on Sectional Map No. 1 SU* of the Zoning Map. The original copy of said Sectional Map with these Special Use Districts indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 171-70-4 and subsequent amendments under File No. _______. The provisions set forth in Sections 240.1 through 240.3 shall apply, respectively, within these Special Use Districts, and shall be applicable to all property, whether public or private, including property under the jurisdiction of the San Francisco Port Commission.

(b) State and Regional Land Use Controls. Much of the property within Waterfront Special Use District Numbers 1 and 3 is subject to land use controls in addition to those set forth in this Code. Most of the land under the jurisdiction of the Port Commission is public trust land and is subject to use limitations as provided in California Statutes of 1968, Chapter 1333, as amended (the “Burton Act”) and the San Francisco Charter. In the event of a conflict between the provisions of the Burton Act and this Code, the State legislation prevails. A portion of the property under the Port Commission's jurisdiction is further subject to use limitations as provided ion the California Government code, Sections 66600 et seq. (the “McAteer-Petris Act”). The San Francisco Bay Conservation and Development Commission is responsible for implementing the provisions of the McAteer-Petris Act. Other property within this Waterfront Special Use District is subject to redevelopment plans adopted by the Board of Supervisors.

(c) Waterfront Design Review Process.

(1) In order to best achieve the public objectives that have been established in law and policy for the property under the jurisdiction of the Port Commission, a waterfront design review process is hereby established to review the urban design of new development on certain land under the Port Commission's jurisdiction within the Waterfront Special Use District, consistent with applicable provisions of the Port's Waterfront Land Use Plan and its Waterfront Design and Access goals, objectives and criteria, as provided below. The purpose of the waterfront design review process is to identify and integrate the State, regional and local objectives pertaining to the urban design of proposed uses in order to optimize the public enjoyment and beneficial use of this public trust resource.

(2) The waterfront design review process shall be conducted by a Design Advisory Committee. The Mayor shall appoint a qualified professional urban planner or architect (general, historic or landscape) who resides or works in San Francisco as one member. The Director of Planning and the Director of the Port of San Francisco shall each appoint two members, consisting of (1) a senior member from their respective staffs and (2) a qualified professional urban planner or architect (general, historic or landscape) who resides or works in San Francisco, not employed within their agency. Of the original appointments, the Mayor's appointment shall serve for a four-year term and the Planning Director and Port Director shall each appoint one member for a two-year term and one member for a four-year term. After expiration of the original terms, all appointments shall be for four-year terms. The Port Commission is granted the authority to increase the number of Committee members by adding representatives appointed by the Director of the Bay Conservation and Development Commission. The Design Advisory Committee shall select a chairperson from among its voting members, and shall establish rules and regulations for its own organization and procedure. The Committee may establish subcommittees to which it may assign Committee design review responsibilities. The Committee shall act by vote of a majority of those present at a meeting with a quorum of Committee members.

(3) The Design Advisory Committee shall review proposed projects to be developed on property of the Port of San Francisco, as set forth in Sections 240.1 and 240.3 of this Code.

(4) The Design Advisory Committee shall be advisory to the Planning Department and Port of San Francisco, and shall provide its design recommendations to the Bay Conservation and Development Com-mission for proposed projects within its jurisdiction. The Port shall convene and provide staff assistance to the Committee and consult with the Committee on non-maritime development projects as set forth in this Code and at such other times as the Port deems appropriate.

(5) The Planning Commission and the Port Commission shall hold a joint hearing within two years from the date of adoption of this ordinance to evaluate the design review process and make recommendations to the Board of Supervisors for its improvement.

(6) The Committee shall hold a public hearing on a proposed project and make design recommendations to ensure that the urban design of the proposed project is consistent with applicable provisions of the Waterfront Land Use Plan's Waterfront Design and Access goals, objectives and criteria. The Committee shall provide public notice for this hearing by mail to the applicant or other person or agency initiating the action and other parties who have requested mailed notice of such hearing on the project in writing.

(7) The Committee, as an advisory board, must review and consider any final environmental documents, or draft documents if final documents are not yet available, prepared pursuant to the California Environmental Quality Act before it makes its final recommendations.

(8) The determination of the Committee on urban design issues related to the proposed project shall be final as to those design issues, except as pro-vided below. The Committee shall transmit the design recommendations to the Planning Department and Port, and to the Bay Conservation and Development Commission for proposed projects within its jurisdiction, within five days following the Committee action for consideration by those agencies prior to any action on the project.

(A) For a project that is permitted as a principal use, the Planning Commission can, by majority vote within 14 days of receipt of the design recommendations of the Committee, make a determination to review the design recommendations. If the item cannot be calendared for Commission consideration within that period due to a canceled meeting, the Commission may consider whether to review the design recommendations at its next available meeting. If the Commission requests review, it shall conduct a public hearing on the matter within 14 days following its determination to review the design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission. The Planning Commission, by majority vote, may adopt, amend or reject the design recommendations of the Committee, subject to the same standards and criteria that govern Committee decisions as provided in Subsection (c)(6) above.

If the Port Commission accepts the design recommendations of the Committee or of the Planning Commission, the Port Commission shall incorporate the design recommendations into the Port action on the project.

If the Port Commission objects to or seeks to modify the design recommendations of the Committee, the Port Commission may request Planning Commission review of the design recommendations of the Committee. The Planning Commission shall schedule a public hearing and review the design recommendations of the Committee within 20 days following receipt of the request, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission.

If the Port Commission objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth above, the Port Commission may appeal the design recommendations to the Board of Supervisors pursuant to the procedures set forth in Section 308.1 of this Code and in Charter Section 4.105 for appeals of conditional uses. The Board of Supervisors may disapprove the decision of the Commission by a vote of not less than of the members of the Board.

(B) For a project that requires a conditional use authorization, the Director of Planning shall incorporate the design recommendations of the Committee on urban design issues related to the proposed project into the recommendation to the Planning Commission. The Director of Planning may recommend specific modifications to the Committee's design recommendations, in which case the Director's recommendation shall specify why the Committee's design recommendations should not be considered final. The Director of Planning shall schedule a public hearing before the Planning Commission within 30 days following receipt of the Committee's design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date.

(d) A project within a Waterfront Special Use District shall be reviewed under the provisions set forth in the Waterfront Special Use District within which boundaries it is located, and shall not be considered, for review purposes under this Code, as including or being part of a project within an adjoining Waterfront Special Use District, notwithstanding the timing of development, the physical proximity or type of uses associated with any other such projects, or the applicant or other person or agency initiating the action. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98)

SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT NO. 1.

The following provisions shall apply within Waterfront Special Use District No. 1:

(a) Maritime Uses and Related Accessory Uses. Maritime uses within Waterfront Special Use District No. 1 include those uses that require access to or use of San Francisco Bay waters in order to function or operate in the normal course of business, including but not limited to those uses associated with waterborne commerce, navigation, fisheries and recreation, and industrial, commercial and other operations directly related to the conduct of waterborne commerce, navigation, fisheries and recreation. A related minor use which is identified as an acceptable, existing or interim land use in the Waterfront Land Use Plan adopted by the Port Commission and which is either necessary to the operation or enjoyment of a maritime use or is appropriate, incidental and subordinate to any such use shall be permitted as an accessory use when located on the same lot, provided that the use does not involve the use of more than 1/3 of the site area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading.

(b) Principal uses shall include:

(1) Maritime uses as defined above in paragraph (a) shall be permitted as principal uses;

(2) Any use which is listed in the Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing or interim land use in the Waterfront Land Use Plan adopted by the Port Commission.

(c) Conditional uses shall include any use which is listed in the Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing or interim land use in the Waterfront Land Use Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and Subsection (d), below.

(d) Any use, other than maritime uses described in Subsection (b)(1) of this Section, which is listed in this Code as a permitted use or conditional use in the use district established by Section 201 applicable to the particular property involved, that involves (1) new construction or (2) substantial exterior alterations visible from the street or other major public site, excluding minor changes including but not limited to maintenance, alterations and repairs involving replacing features with similar features or adding similar features; restoration of preexisting conditions; and signs, awnings or canopies, shall be subject to review of the urban design of the proposed use under the waterfront design review process, as provided under Section 240(c) of this Code.

(e) In considering any application in this special use district under Section 303, the Planning Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c):

(1) That such use or feature as proposed is consistent with the Waterfront Land Use Plan (WLUP) adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(2) That such use or feature as proposed is consistent with the WLUP Waterfront Design and Access goals, policies and criteria adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(3) Provision to the extent feasible, along the sea wall and along the perimeters of piers or platforms, of public access and of open spaces available for public use and suitable for viewing purposes or water-oriented recreation;

(4) Limitation of water coverage in the Northern Waterfront area from the Hyde Street Pier to Pier 46 so as not to exceed the degree of coverage by piers as existing at the effective date of this Section;

(5) Construction of new piers or platforms so that the water's edge shall be maintained at the sea wall where feasible;

(6) Provision or maintenance of view corridors along streets into the Bay, and of panoramic views, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan; and

(7) Development over the water generally on piers or platforms rather than on fill.

(f) Off-street parking requirements may be modified by the Planning Department and Planning Commission, as provided in Section 161(f) of this Code.

(g) The basic floor area ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. To calculate the floor area ratio on piers under the jurisdiction of the Port Commission, all building permit applications shall include a map of the lot or lease area with precise boundaries showing its location on the pier under consideration. The proposed lot shall be reviewed and approved as part of the building permit and be the basis for further alterations or expansions of the structure. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98)

SEC. 240.2. WATERFRONT SPECIAL USE DISTRICT NO. 2.

The following provisions shall apply within Waterfront Special Use District No. 2:

(a) Industrial, commercial and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as principal uses, except in residential zoning districts.

(b) A hotel or motel, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(c) An automobile service station, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(d) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code; provided, however, that this subsection shall not apply in any case where fewer than 10 such spaces are provided.

(e) Any use, whether principal or accessory, not screened from view from adjacent streets and other public areas, with the exception of accessory off-street parking areas for nine or fewer automobiles, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(f) The basic floor area ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98)

SEC. 240.3. WATERFRONT SPECIAL USE DISTRICT NO. 3.

The following provisions shall apply within Waterfront Special Use District No. 3:

(a) Industrial, commercial and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as principal uses.

(b) A wholesale establishment conducted entirely within an enclosed building shall be permitted as a principal use.

(c) Any development on property not under the jurisdiction of the Port Commission which includes an area (excluding the area of public streets and alleys) of at least three acres shall be permitted only upon approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. In considering any application for such a development under Section 303, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c):

(1) Conformance to the Northeastern Waterfront Plan, a part of the General Plan, including streets and roadways as indicated therein;

(2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero;

(3) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay;

(4) Provision of open spaces available to the public; and

(5) Adherence to the character of surrounding areas of the city.

(d) Any new development on property under the jurisdiction of the Port Commission, (excluding alterations to existing development) which includes an area (excluding the area of public streets and alleys) of at least ½ acre shall be subject to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) of this Code.

(e) In considering any application for development on property under the jurisdiction of the Port Commission on which a specific use or uses require a conditional use, the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code. The Planning Commission shall consider the following criteria in lieu of those stated in Section 303(c):

(1) That such use or feature as proposed is consistent with the Waterfront Land Use Plan (WLUP) and its WLUP Waterfront Design and Access goals, policies and criteria, adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero;

(4) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan;

(5) Provision of open spaces available to the public consistent with the Waterfront Design and Access goals, policies and criteria; and

(6) Adherence to the character of surrounding areas of the city.

(f) A hotel or motel, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(g) An automobile service station, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(h) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code; provided, however, that this subsection shall not apply (1) in any case where fewer than 10 such spaces are provided, or (2) for property under the jurisdiction of the Port of San Francisco, to the extent such off-street parking spaces existed as of the effective date of this subsection.

(i) Any use, whether principal or accessory, not screened from view from adjacent streets and other public areas, with the exception of temporary uses pursuant to Section 205.1, accessory off-street parking areas for nine or fewer automobiles, or off-street parking areas on property under the jurisdiction of the Port of San Francisco in existence as of the effective date of this subsection, shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(j) The basic floor area ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code.

(k) Off-street parking requirements may be modified by the Planning Department or Planning Commission, as provided in Section 161(f) of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98)

SEC. 241. DOLORES HEIGHTS SPECIAL USE DISTRICT.

In order to preserve and provide for an established area with a unique character and balance of built and natural environment, with public and private view corridors and panoramas, to conserve existing buildings, plant materials and planted spaces, to prevent unreasonable obstruction of view and light by buildings or plant materials, and to encourage development in context and scale with established character and landscape, there shall be a Dolores Heights Special Use District as designated on Section Map No. 7 SU of the Zoning Map. In this district, all provisions of the City Planning Code applicable in RH-1 Districts shall continue to apply except that rear yard and height limit provisions of this Section 241 shall be substituted for rear yard and height limit provisions found elsewhere in this Code.

(a) The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot on which building is situated, but in no case shall the rear yard be less than 25 feet deep.

(b) No portion of a building shall exceed a height of 35 feet above the existing grade of the lot, with the intent that the building shall be contained within an envelope that slopes upward or downward with the slope of the property. The “height of a building” for purposes of this Section, shall be measured in the manner described in Section 102.12 of the City Planning Code, whether the lot being measured slopes upward or downward from the street.

(c) Variances may be granted from the rear yard and height limit provisions in Paragraphs (a) and (b) above in accordance with procedures specified in Section 305 of the City Planning Code provided that no such variance shall permit a building to have a height in excess of that otherwise permitted in an RH-1 District. (Added by Ord. 286-80, App. 6/17/80)

SEC. 242. BERNAL HEIGHTS SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Bernal Heights Special Use District, the boundaries of which are shown on Sectional Map. Nos. 7SU, 8SU, and 11SU of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purposes. In order to reflect the special characteristics and hillside topography of an area of the City that has a collection of older buildings situated on lots generally smaller than the lot patterns in other low-density areas of the City, and to encourage development in context and scale with the established character, there shall be a Bernal Heights Special Use District.

(c) The provisions of this Section 242 shall not apply to building permit applications or amendments thereto, or to conditional use, variance or environmental evaluation applications filed on or before January 7, 1991. Such applications shall be governed by the ordinances in effect on January 7, 1991, unless the applicant requests in writing that an application be governed by the provisions of this Section 242.

(d) Definitions. For purposes of this Section 242, the following definitions apply:

(1) “Adjacent building” shall mean a building on a lot adjoining the subject lot along a side lot line. Where the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the street or alley, such nearest building shall be deemed to be an “adjacent building,” but a building on a lot so separated for a greater distance shall not be deemed to be an “adjacent building.” A corner lot shall have only one adjacent building located along its side lot line.

(2) “Usable floor area” is the sum of the gross areas of the several floors of a building, measured from the exterior walls or from the center lines of common walls separating two buildings. “Usable floor area” shall not include that floor area devoted to off-street parking or any space or area which is not readily accessible and which has not more than five feet vertical clearance at any point.

(e) Controls. All provisions of the Planning Code applicable to an RH-1, RH-1(S), RH-2, and RH-3 District shall apply to applicable portions of the Special Use District except as otherwise provided in this Section.

(1) Height Limits. No portion of a dwelling in any portion of this district shall exceed a height of 30 feet except as provided below.

(A) The height of a dwelling on a downslope lot shall not exceed 30 feet above grade, subject to averaging or offset by an equal height reduction. Any portion of a dwelling exceeding a height of 30 feet must be offset by at least an equal amount of dwelling having a height of less than 30 feet, provided that the maximum height above grade at any point cannot exceed 40 feet, and the rearmost eight feet of length cannot exceed 32 feet above grade.

(B) The height of a dwelling on an upslope lot shall not exceed 30 feet above grade, with no averaging or stepping over the 30 feet limit, and no part of the dwelling, unless otherwise permitted by this Section, may be higher than 38 feet above curb level, except if the rear of the lot is 30 feet or more higher than the front grade, the rear half of the dwelling may go up to 43 feet above curb level.

(C) The height of a dwelling in an RH-2 or RH-3 lot may exceed the limits described above based upon the average height of the adjacent buildings.

(D) Except for chimneys, radio and television antennas, excluding parabolic antennas, nothing other-wise permitted by Section 260(b) of this Code may extend above the additional height limit established in this Code section by more than 42 inches.

(2) Rear Yards. The requirements applicable to rear yards are as follows:

(A) RH-1 and RH-1(S). For lots which have a depth of 70 feet or less, the minimum rear yard depth shall be equal to 35 percent of the total depth of the lot on which the building is located. Buildings on lots which have a depth greater than 70 feet may not be deeper than 45.5 feet measured from the front property line; the remainder of the lot shall be used for rear yard.

(B) RH-2 and RH-3. The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot in which the building is located.

(C) All Lots. The following provisions relating to rear yards shall apply to all lots in the Special Use District:

(i) A building may intrude into the required rear yard up to the extent that an adjacent building intrudes, provided the intrusion is no wider than half of the width of the lot, and 25 percent of the total lot depth is provided as rear yard open space. The intrusion must be placed in a manner that the Zoning Administrator finds will provide optimal light and air to the subject and adjacent properties. The coverage resulting from the intrusion must be offset by otherwise permitted coverage in the rear of the subject property.

(ii) Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the rear yard requirements.

(iii) No part of any building may be within 25 percent or 15 feet, whichever is greater, of the rear property line.

(iv) Those obstructions into rear yards otherwise permitted by Section 136(c)(2), (3), and (25) of this Code shall not be permitted. In addition to the obstructions permitted in Section 136(c), improvements may be constructed underneath a room or deck located in the rear yard area if said room or deck is otherwise permitted pursuant to Section 136(c) and was constructed pursuant to a building permit issued prior to December 11, 1987. In those instances, the Zoning Administrator may place appropriate conditions on the approval of the building permit to protect the light, air and view of the adjacent properties.

(3) Mass Reduction Requirement for RH-1 and RH-1(S) Buildings. After calculation of the maximum permissible height and lot coverage in an RH-1 or RH-1(S) district, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. On lots that exceed 100 feet in depth, the mass reduction shall be a minimum of 400 square feet of usable floor area. Any area to be deleted must have a minimum clearance of three feet from the side property line. The reduction must be taken from the front, the rear, or the top of the building above grade; however, such reduction along the side of the property line will be allowed under this section so that adjacent properties will benefit from the provision of greater light and air or the reduction of shadows. Where an area to be deleted is along the side property line and is in the form of an inner court, the inner court shall have a minimum area of 90 square feet.

(4) Parking. The number of off-street parking spaces required for new construction shall be as follows:

If more than one parking space is required, the first off-street parking space must have a minimum area of 160 square feet; second and subsequent spaces may be a compact car space and have a minimum area of 127.5 square feet. In the RH-2 and RH-3 district, the parking requirement is the greater of the number of spaces required by the above table, or one parking space per dwelling unit.

All alterations resulting in an increase in usable floor area shall be considered cumulatively from the effective date of this ordinance.

No tandem parking spaces are permitted for the first two required parking spaces for new construction. All other required parking spaces for new construction may be tandem parking spaces.

Tandem parking spaces are permitted for alterations in the RH-1 and RH-1(S) districts, and are not permitted for alterations in the RH-2 and RH-3 districts.

(A) RH-1 or RH-1(S) District Building Alterations. The following parking requirements shall apply to alterations of existing structures in an RH-1 or RH-1(S) district:

(i) If one or more alterations add 400 square feet or less of usable floor area to an existing building, no additional parking space is required to be added to the existing spaces.

(ii) If one or more alterations add over 400 square feet of usable floor area but do not cause the total usable floor area of the building to exceed 1,650 square feet, no additional parking space is required to be added to the existing spaces.

(iii) If one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is between 1,651 and 2,250 square feet, a total of two parking spaces is required. One or both of these required spaces may be waived by the Zoning Administrator if the Zoning Administrator finds that (1) the off-street parking space(s) would result in a new curb cut, or the proposed driveway would result in the loss of one parking space while adding one private space; or (2) the structure has an unaltered historic facade as determined by the Department of Planning and the owner has conveyed a facade easement to the San Francisco Architectural Heritage foundation.

(iv) If one or more alterations add over 400 square feet of usable floor area and the total usable floor area is over 2,250 square feet, a total of three parking spaces or more is required, as provided by the above table. One additional parking space is required for each additional 1,000 square feet.

(B) RH-2 and RH-3 Building Alterations. The following parking requirements shall apply to alterations of existing structures in an RH-2 or RH-3 district:

(i) If one or more alterations add 200 square feet or less of usable floor area, no additional parking space is required.

(ii) If one or more alterations add over 200 square feet of usable floor area, the parking standards for new construction set forth above shall apply to the entire building.

(5) Curb Cuts and Garage Door Width. The maximum width of curb cuts allowed for new construction shall be 10 feet; the maximum width of a garage door opening shall be 12 feet.

(6) Design. In addition to meeting applicable standards provided in this Section and elsewhere in this Code, residential development subject to this Section shall be subject to the review and notification procedures provided by Subsection 311(c) of this Code. Requests for Planning Commission review shall be governed by Subsection 311(d) of this Code. In addition to applicable guidelines cited by Section 311, the Elsie Street Plan and the East Slope Building Guidelines shall be used as guidelines to determine neighborhood compatibility of new construction and alterations in the respective areas covered by those guidelines.

(7) Demolition.

(A) Demolition Generally Prohibited. Other than as specified in this subsection, no demolition permit for structures containing one or more residential units may be approved unless:

(i) The Superintendent of the Bureau of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation to the extent feasible with the Department of Planning, that an imminent safety hazard exists and the Superintendent determines that demolition of the structure is the only feasible means to secure the public safety; or

(ii) The structure is under an abatement order and the Superintendent of the Bureau of Building Inspection determines, after consultation with the Department of Planning and the San Francisco Fire Department, that repairs rendering the structure safe and habitable as defined in the San Francisco Housing Code would cost 50 percent or more of the cost to replace the structure pursuant to the standards published periodically by the Superintendent. An owner's deliberate damage, in the opinion of the Superintendent of the Bureau of Building Inspection, to the property or failure to maintain it shall not be included in the calculation of replacement costs; or

(iii) The Department determines, based on facts presented, that the structure proposed to be demolished retains no substantial remaining value or reasonable use.

(B) Demolition of Historic or Architecturally Significant Residential Buildings. Unless demolition is approved pursuant to Subsections (A)(i) or (A)(iii) above, no demolition permit may be approved for a residential building (1) which is a designated landmark or contributing building in an historic district; or (2) which the Landmarks Preservation Advisory Board determines is qualified to be designated as a landmark or contributing building in an historic district under the standards of Article 10 of this Code; or (3) is recommended by the Department of Planning for historic designation under Article 10 of this Code.

(C) Replacement Structure Required. Unless demolition is approved pursuant to Subsection (A)(i) or (A)(iii) above, no application authorizing the demolition of a residential building within the scope of this Section shall be approved until the City has finally approved a building permit for construction of the replacement building which meets the requirements of this ordinance. A building permit is finally approved if the Board of Permit Appeals has taken final action on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed.

(i) This Section shall not apply to the demolition of a second structure on a single lot that (1) does not exceed 500 square feet, (2) meets the requirements of Subsection (A)(ii) above, and (3) is not a historic residential building under Subsection (B) above. (Added by Ord. 32-91, App. 1/25/91; amended by Ord. 145-00, File No. 000796, App. 6/16/2000)

SEC. 243. VAN NESS SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Van Ness Special Use District, the boundaries of which are shown on Sectional Map No. 2SU of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purposes. In order to implement the objectives and policies of the Van Ness Avenue Plan, a part of the Master Plan, which includes (i) creation of a mix of residential and commercial uses on the boulevard, (ii) preservation and enhancement of the pedestrian environment, (iii) encouragement of the retention and appropriate alteration of architecturally and historically significant and contributory buildings, (iv) conservation of the existing housing stock, and (v) enhancement of the visual and urban design quality of the street, the following controls are imposed in the Van Ness Special Use District.

(c) Controls. All provisions of the City Planning Code applicable to an RC-4 District shall apply except as otherwise provided in this Section.

(1) Basic Floor Area Ratio. The basic floor area ratio limit shall be 7.0 to 1 in the 130-foot height district and 4.5:1 in the 80-foot height district. These limits shall apply to dwellings notwithstanding Section 124(b) of this Code, but shall not apply to floor space used for nonaccessory off-street parking and driveways and maneuvering areas incidental thereto provided such parking is located entirely below curb level at the centerline of the building containing such parking and replaces parking spaces displaced by the building or buildings. For definitions of floor area ratio and gross floor area, see Sections 102.11 and 102.9, respectively. The provisions allowing a floor area premium set forth in Section 125(a) shall not apply in the Van Ness Special Use District.

(2) Housing Density. The restrictions on density set forth in Sections 207, 207.1, 208, 209.1 and 209.2 of this Code shall not apply.

(3) Height and Bulk Restrictions. See Height and Bulk Map No. 2H. See Section 270 of this Code for bulk limits.

(4) Awnings, canopies and marquees, as defined in Sections 790.20, 790.26 and 790.58 of this Code, and further regulated by the Building Code and Sections 243(c)(5), 136.2 and 607.3 of this Code, are permitted.

(5) Signs.

(A) Signs located within the Van Ness Special Use District, with the exception of the Civic Center Special Sign District as described in Section 608.3 of this Code and as shown in Sectional Map SSD, shall be regulated as provided in Article 6, including Section 607.3 which governs signs located in the Van Ness Special Sign District.

(B) Signs on structures designated as landmarks under the provisions of Section 1004 shall be regulated as provided in Section 607.3(d).

(6) Rear Yards. The requirements of this Code applicable to rear yards may be modified or waived by the Zoning Administrator pursuant to Section 307(g) if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of abutting properties will not be adversely affected; and

(B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to residents; and

(C) The access of light and air to abutting properties will not be significantly impeded.

This provision shall be administered pursuant to the procedures which are applicable to variances, as set forth in Sections 306.1 through 306.5 and 308.2 of this Code.

(7) Required Setbacks. Setbacks for buildings exceeding a height of 40 feet shall be regulated as provided in Section 253.2 of this Code.

(8) Limitation of Nonresidential Uses.

(A) Residential Uses; Ratio Established. In newly constructed structures, nonresidential uses shall only be permitted if the ratio between the amount of net additional occupied floor area for residential uses, as defined in this paragraph below, to the amount of occupied floor area for nonresidential uses in excess of the occupied floor area of structures existing on the site at the time the project is approved is 3 to 1 or greater. In additions to existing structures which exceed 20 percent of the gross floor area of the existing structure, nonresidential uses shall be permitted in the addition in excess of 20 percent only if the ratio between the amount of occupied floor area for residential use, as defined in this paragraph below, to the area of occupied floor area for nonresidential use is 3 to 1 or greater. This residential use ratio shall not apply to development sites in the Van Ness Special Use District which have less than 60 feet of street frontage on Van Ness Avenue and have no street frontage other than the Van Ness Avenue frontage. For purposes of this Section, “nonresidential uses” shall mean those uses described in Sections 209.2(d) and (e) (hotel, inn, hostel), 209.3(a) (hospital, medical center or other medical institution with in-patient care facilities), 209.4 (community facilities), 209.6 (public facilities and utilities), 209.7 (vehicle storage and access) and 209.8 (commercial establishments); in the Automotive Special Use District nonresidential uses include automotive uses as described in Section 237; “residential use” shall mean those uses described in Sections 209.1 and 209.2(a), (b) and (c) (dwelling units and group housing).

(B) Reduction of Ratio of Residential Uses forAffordable Housing. The City Planning Commission may modify the Van Ness Special Use District residential to nonresidential use ratio between Golden Gate Avenue and California Street as a conditional use in one of the following ways:

(i) In-Lieu Fee. By conditional use, the developer may elect to fulfill the obligation to build housing by paying an in-lieu fee to the Affordable Housing Fund as provided in Section 313 of this Code. No more than a 50 percent reduction of the required housing for a specific project can be fulfilled by paying an in-lieu fee. Use of these funds shall provide affordable housing within 2,000 feet of the Van Ness Special Use District. The in-lieu fee shall be determined by the following formula:

(1) (Lot Area × FAR) / 4) × 3 = Residential SQFT Requirement

(2) Residential SQFT Requirement — Residential SQFT Developed = LOSS

(3) LOSS × $15 = In-Lieu Fee

(ii) Providing Affordable Housing. By condition-al use, the developer may reduce up to 50 percent of the required amount of on-site housing by maintaining a portion of that housing as permanently affordable for the life of the project. Affordable units shall be managed by a nonprofit housing agency through a duly executed agreement between the project sponsor, the nonprofit agency and the Planning Department. The mix of affordable units retained in the project shall conform to the overall dwelling unit size mix of the project. The portion of retained residential which shall be affordable will be determined by calculating the number of market rate units which could be subsidized by the amount of “in-lieu fee” calculated in Paragraph (i) above. The number of square feet of affordable housing shall be calculated in the following manner:

(1) In-Lieu Fee / $30/square foot subsidy = Square Feet of Affordable Housing Retained in the Project

(iii) Annual Reporting, Evaluation and Adjustments to Affordability and Fee Calculations. The Department shall report annually to the Planning Commission on the activity and utilization of Section 243(c)(8)(B). Based on an evaluation of this report, the Planning Commission may initiate a modification or deletion of Section 243(c)(8)(B).

The dollar amounts used in the calculation for Paragraphs (i) and (ii) of this Subsection shall be subject to annual adjustments in accord with Section 313.6(1) of this Code. Affordability shall be defined by rents or sale prices affordable by households with no more than 80 percent of median income standards developed by HUD.

(iv) If the Commission finds that taking into consideration projects constructed since the effective date of the Van Ness Special Use District and the housing development potential remaining in the District the overall objective of adding a substantial increment of new housing on Van Ness Avenue will not be significantly compromised, the Commission may by conditional use modify the 3:1 housing ratio or may modify the rules regarding the timing and location of linked projects if in addition to Section 303(c) standards of this Code it finds that:

(1) The project is to provide space for expansion of an established business from an adjacent site (for this purpose two sites separated by an alley shall be deemed to be adjacent) or,

(2) The project is to provide space for an institutional, hotel, medical, cultural or social service use meeting an important public need which cannot reasonably be met elsewhere in the area, and

(3) Housing cannot reasonably be included in the project referred to in (1) and (2) above.

The Commission shall consider the feasibility of requiring the project to be constructed in such a manner that it can support the addition of housing at some later time.

(C) Off-Site Provision of Required Residential Space. For the purpose of calculating the 3 to 1 ratio between residential and nonresidential use, two or more projects for new construction within the Van Ness Special Use District may be considered and ap-proved together as linked projects. The requirements of Paragraph (A) above may be satisfied if the aggregate amount of occupied floor area for residential use in two or more linked projects is at least three times greater than the aggregate amount of occupied floor area for nonresidential use.

(i) Those building permit applicants who wish to link two or more projects for the purpose of meeting the 3 to 1 residential to nonresidential ratio shall file with the Department of City Planning a statement of intent identifying the applications covering the projects that are to be considered and approved together;

(ii) When the Department of City Planning approves an application for a project containing only nonresidential use and the project is linked to one or more other projects pursuant to the statement of intent filed with the Department, it shall include as a condition of approval a requirement prohibiting the project sponsor from commencing any work on the site until the Zoning Administrator issues a written determination that such work may proceed. The Zoning Administrator shall not issue such a determination until those permits authorizing the projects containing residential use have been issued and foundations have been completed at each such site;

(iii) If a permit for a project containing nonresidential use expires because of delays in the completion of foundations for linked projects containing residential uses, new permits may be approved for the nonresidential project within three years of such expiration without regard to the 3 to 1 residential ratio requirement if a Temporary Certificate of Occupancy or a Permit of Occupancy has been issued for each project containing residential use;

(iv) No building or portion of a building approved as a linked project that contains residential use required to meet the 3 to 1 residential to nonresidential ratio requirement shall be used for any nonresidential purposes; provided, however, that this restriction shall no longer apply if 50 percent or more of the non-residential occupied floor area in the linked projects has been converted to residential use, or has been demolished, or has been destroyed by fire or other act of God;

(v) The Zoning Administrator shall impose as a condition of approval of a permit authorizing the residential uses of linked projects the requirement that the owner record in the land records of the property a notice of restrictions, approved as to form by the Zoning Administrator, placed on the use of the property by this Section.

(D) Nonconforming Uses. A use which existed lawfully at the effective date of this Section and which fails to conform to the use limitation of Section 243(c) (8)(A) above, shall be considered a nonconforming use and subject to the provisions of Sections 180 through 188 of this Code, including the provisions of Section 182 regarding change of use, except as follows:

(i) In calculating the cost of structural alterations pursuant to Section 181(b)(4), the cost of reinforcing the building to meet the standards for seismic loads and forces of the 1975 Building Code shall not be included; and

(ii) Notwithstanding the provisions of Section 181(b), the structure occupied by the nonconforming use may be enlarged by an amount equal to 20 percent of the gross floor area of the existing structure.

(E) Ground Story Uses. Parking shall not be permitted on the ground story of lots abutting Van Ness Avenue to a depth of 25 feet from Van Ness Avenue. At least ½ the total width of structures at the ground story on lots abutting Van Ness Avenue shall be devoted to entrances, windows or display space. Every window located at the ground story shall use clear, untinted glass, except for decorative or architectural accent. Any decorative railings or grillwork, other than wire mesh, shall be at least 75 percent open to view and no more than six feet in height above grade. For the purposes of this Section, “ground story” shall be defined as the portion of a building included between the upper surface of the lowest floor and the upper surface of the floor next above, pro-vided such floor level is not more than four feet below grade for more than 50 percent of the total perimeter, or more than eight feet below grade at any point.

(F) Fast Food Uses. A large fast food restaurant as defined in Section 790.90 of this Code shall be permitted only as a conditional use.

A small self-service restaurant, as defined in Section 790.91 of this Code, shall be permitted only as a conditional use unless such restaurant is a related minor use which is either necessary to the operation or enjoyment of a lawful principal use or conditional use, or is appropriate, incidental and subordinate to any such use, in which case it shall be permitted as an accessory use.

(G) Drive-Up Facilities. Drive-up facilities are not permitted. For the purposes of this Section, “drive-up facilities” shall be defined as structures designed primarily for drive-to or drive-through trade which provides service to patrons while in private motor vehicles.

(H) Demolitions. All demolitions of buildings containing residential use and all conversions from residential uses to nonresidential uses above the ground floor shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Superintendent of the Bureau of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition or conversion, in lieu of the criteria set forth in Planning Code Section 303, consideration shall be given to the adverse impact on the public health, safety and general welfare of the loss of housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied. The definition of residential use shall be as set forth in Section 243(c)(8)(A), but shall not include any guest room in a building classified as a residential hotel subject to the Residential Hotel Unit Conversion and Demolition Ordinance.

A conditional use permit shall not be required if the demolition permit is sought in order to comply with a court order directing or permitting the owner to demolish a building because it is unsafe. No person shall be permitted to construct anything on the site of a demolished building subject to such an order for a period of two years unless (a) the proposal is for at least the same number and size of dwelling units and guest rooms and the same amount of nonresidential floor area as that which was demolished or (b) the applicant requests and is granted an exemption from this requirement on the ground that the applicant has demonstrated that (1) the need for demolition did not arise because of the deliberate or unreasonable neglect of the maintenance of the building, or that (2) the restrictions would cause undue hardship to the property owner or that (3) the restrictions would leave the property without any substantial remaining market value or reasonable use.

(I) Parking. Pursuant to Table 151 in Article 1.5 of this Code, the residential parking requirement shall be one space for each dwelling unit; provided, however, that the parking requirement may be reduced to not less than one space for each four dwelling units, if the Zoning Administrator determines that the reduced parking requirement is sufficient to serve the reasonably anticipated auto usage by residents and visitors to the project. The procedures and fee for such review shall be the same as those which are applicable to variances, as set forth in Sections 306.1 through 306.5 and 308.2.

(J) Adult Entertainment Enterprises. The uses described in Section 221(k) of this Code are not permitted.

(9) Reduction of Ground Level Wind Currents.

(A) New buildings and additions to existing buildings shall be shaped, or other wind baffling measures shall be adopted, so that the development will not cause year-round ground level wind currents to exceed, more than 10 percent of the time, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. When pre-existing ambient wind speeds exceed the comfort levels specified above, the building shall be designed to reduce the ambient wind speeds in efforts to meet the goals of this requirement.

(B) An exception to this requirement may be permitted but only if and to the extent that the project sponsor demonstrates that the building or addition cannot be shaped or wind baffling measures cannot be adopted without unduly restricting the development potential of the building site in question.

(i) The exception may permit the building or addition to increase the time that the comfort level is exceeded, but only to the extent necessary to avoid undue restriction of the development potential of the site.

(ii) Notwithstanding the above, no exception shall be allowed and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level of 26 m.p.h. for a single hour of the year.

(C) For the purposes of this Section, the term “equivalent wind speed” shall mean an hourly wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians. (Added by Ord. 537-88, App. 12/16/88; amended by Ord. 79-89, App. 3/24/89; Ord. 312-92, App. 10/9/92; Ord. 161-96, App. 4/24/96; Ord. 327-96, App. 8/21/96)

SEC. 244. RESIDENTIAL CHARACTER DISTRICTS.

In order to provide for certain areas with special building forms and natural characteristics, there shall be residential character districts as designated on Special Use Districts Sectional Maps of the Zoning Map. In these residential character districts, all provisions of the City Planning Code applicable to the underlying R (Residential) District shall continue to apply to residential character districts except as otherwise provided in the sections for the specific districts which follow or as shown on the Zoning Map. A residential character district may include residential design guidelines for that district, to supplement the “1989 Residential Design Guidelines” published by the Department of City Planning, as amended from time to time. (Added by Ord. 32-96, App. 1/11/96)

SEC. 244.1. WESTWOOD PARK RESIDENTIAL CHARACTER DISTRICT.

The following provisions shall apply within the Westwood Park Residential Character District:

(a) Residential Design Guidelines. The construction of new residential buildings and alterations of existing residential buildings in the Westwood Park Residential Character District shall be consistent with the design policies and guidelines of the Master Plan and with the previously adopted “Residential Design Guidelines” as amended by portions of “The Westwood Park Association Residential Design Guidelines,” adopted by City Planning Commission Resolution Number 13992. The Zoning Administrator may require modifications to the exterior of a pro-posed new residential building or proposed alteration of an existing residential building in order to bring it into conformity with the Master Plan and with the “Residential Design Guidelines” as amended. These modifications may include, but are not limited to, changes in siting, building envelope, scale, texture and detailing, openings, and landscaping. (Added by Ord. 32-96, App. 1/11/96)

SEC. 248. DOWNTOWN OFFICE SPECIAL DEVELOPMENT DISTRICT.

(a) Purpose. In order to provide for an orderly expansion of the financial district in a way that will maintain a compact downtown core, and to create an area in which to direct unused development potential of lots containing Significant or certain Contributory Buildings, there shall be a special use district known as the “Downtown Office Special Development District” (also referred to as the “C-3-O (SD) District”) as designated on Sectional Map No. 1 of the Zoning Map. Development at densities above the base floor area ratio in this area is appropriate only if there is a commensurate reduction in the allowable density of development on other sites in the downtown by the transfer of development rights from eligible sites as provided in Section 128.

(b) Requirements. The basic floor area ratio within the C-3-O (SD) District shall be 6.0 to 1. All other provisions of this Code applicable to the C-3-O District shall apply in the C-3-O (SD) District. (Added by Ord. 414-85, App. 9/17/85)

SEC. 249.1. RINCON HILL SPECIAL USE DISTRICT.

(a) Purpose. In order to convert an under-utilized and outmoded industrial area to a unique residential neighborhood close to downtown which will contribute significantly to the City's housing supply, create tapered residential buildings, provide an appropriate mixture of retail sales and personal services to support new residential development, provide a buffer of office and parking use between the bridge and freeway ramps and the housing sites, and allow the existing industrial, service and office uses to remain, there shall be the Rincon Hill Special Use District containing a Residential Subdistrict and a Commercial/Industrial Subdistrict as designated on Sectional Map 1SU^b of the Zoning Map.

(b) Controls. The following zoning controls are applicable in the Rincon Hill Special Use District.

(1) Site Coverage.

(A) To promote a residential atmosphere in the Residential Subdistrict and an environment compatible with the adjacent residential development in the Commercial/Industrial Subdistrict, site coverage for new buildings shall not exceed 80 percent.

(B) On a sloping site the site-coverage restriction may be modified by conditional use authorization to account for changes in elevation, provided that site coverage above 50 feet does not exceed 80 percent.

(C) The provisions of Section 134 governing rear yard requirements shall not apply.

(D) The portion of a site that is not covered pursuant to Section 249.1(b)(1)(A) shall not be used for parking, open storage, or service activities, including the loading and unloading of freight and refuse receptacles.

(2) Sidewalk Treatment.

(A) When a conditional use permit is granted for any development abutting a public sidewalk, the Commission may impose a requirement that the applicant install lighting, decorative paving, seating and landscaping in accordance with guidelines developed by the Planning Department, and shall further require that the owner of the property maintain those improvements other than lighting.

(B) The guidelines developed by the Planning Department shall be approved by the Inter- departmental Staff Committee on Traffic and Transportation and shall comply with any applicable ordinances and with any applicable regulation of the Art Commission, the Department of Public Works and the Bureau of Light, Heat and Power of the Public Utility Commission regarding street lighting, sidewalk paving, and sidewalk landscaping. Such guidelines shall require the abutting property owner or owners to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the improvements.

(C) Prior to the development of guidelines by the Planning Department, the Commission may require an applicant to install lighting, decorative paving, seating and landscaping on public sidewalks, provided that the conditions imposed by the Commission meet any applicable ordinances and applicable requirements of the Department of Public Works, the Bureau of Light, Heat and Power of the Public Utilities Commission and the Art Commission pertaining to street lighting, sidewalk paving and sidewalk landscaping. The Commission, prior to the issuance of guidelines by the Department of City Planning, shall require the owner or owners of property abutting the public sidewalk to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner or owners or subsequent owner or owners of the respective property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the sidewalk improvements.

(D) Street trees shall be installed by the owner or developer in the case of construction of a new building, relocation of a building, or addition of floor area equal to 20 percent or more of an existing building when such construction, relocation or addition occurs on any site in the special use district. The provisions of Section 143(b), (c) and (d) shall apply.

(E) Notwithstanding the provisions of this Subsection, an applicant shall obtain all required permits for sidewalks and street improvements and pay all required fees.

(3) Reduction of Ground-Level Wind Currents.

(A) Requirement. New buildings and additions to existing buildings shall be shaped, or other wind-baffling measures shall be adopted, so that the developments will not cause ground-level wind currents to exceed, more than 10 percent of the time year-round, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of substantial pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. The term “equivalent wind speed” shall mean an hourly mean wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.

When preexisting ambient wind speeds exceed the comfort level, or when a proposed building or addition may cause ambient wind speeds to exceed the comfort level, the building shall be designed to reduce the ambient wind speeds to meet the requirements. The provisions of this Section 249.1(b)(3) shall not apply to any buildings or additions to existing buildings for which a draft EIR has been published prior to January 1, 1985.

(B) Exception. The Zoning Administrator may allow the building or addition to add to the amount of time the comfort level is exceeded by the least practical amount if (1) it can be shown that a building or addition cannot be shaped and other wind-baffling measures cannot be adopted to meet the foregoing requirements without creating an unattractive and ungainly building form and without unduly restricting the development potential of the building site in question, and (2) it is concluded that, because of the limited amount by which the comfort level is exceeded, the limited location in which the comfort level is exceeded, or the limited time during which the comfort level is exceeded, the addition is insubstantial.

The Zoning Administrator shall not grant an exception and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level of 26 miles per hour for a single hour of the year.

(C) Procedures. Procedures and methodologies for implementing this Section shall be specified by the Office of Environmental Review of the Department of City Planning.

(4) Nonconforming Uses. The provisions of Section 182(b) of this Code relating to governing changes in nonconforming uses shall not apply.

(5) Existing Signs. The provisions of Section 608.13 of this Code shall apply.

(6) Residential Subdistrict. In the Residential Subdistrict, the controls specified in Section 249.1(c) shall apply.

(7) Commercial/Industrial Subdistrict. In the Commercial/Industrial Subdistrict, the controls specified in Section 249.1(d) shall apply.

(c) Residential Subdistrict. The provisions applicable to an RC-4 Use District shall prevail within the Residential Subdistrict except as specifically provided in this Section.

(1) Uses.

(A) Permitted uses are (i) those listed in Sections 209.1 and 209.2 of this Code and (ii) those permitted in an RC-4 District other than those referred to in Subsection (i) if at least six net square feet of the uses described in Subsection (1) are provided for each one net square foot of other uses.

(B) A nonconforming use may be changed to any use permitted in an RC-4 District if at least six net square feet of the uses described in Subsection (A)(i) are provided for each net square foot of other uses.

(C) Uses along a street frontage at grade level shall be confined to residential lobbies, parking entrances and exits, and office and retail uses. At least ½ of the total width of any new building parallel to and facing the street shall be devoted at grade level to building entrances or display windows.

(2) Density. The provisions of Sections 123 and 124 of the Code relating to floor area ratio limitations and Sections 207, 207.1, 208, 209.1 and 209.2 of this Code relating to density limitations shall not apply.

(3) Setback. Above 50 feet in height, a minimum of 50 percent of the building frontage shall be set back a minimum of 25 feet from the front property line.

(4) Open Space.

(A) Open space shall be provided at the ratio of one square foot per 13 square feet of gross floor area of dwelling units.

(B) The open space requirement may be met by providing one or more of the following types of open space: “private usable open space” as defined in Section 135(a) of this Code, “common usable open space” as defined in Section 135(a) of this Code, or “publicly accessible open space” which is defined as open space situated in such locations and which provides such ingress and egress as will make the area accessible to the general public and which is open to the public daily at least eight daylight hours; provided, however, that no more than 40 percent of the open space requirement shall be met with private usable open space. Security gates may be provided.

(C) Open space that will satisfy the definition of publicly accessible open space includes but is not limited to: A sidewalk widening, a pedestrian overpass, a recreation facility on the roof of a parking garage, a pedestrian street, and a publicly accessible area with a scenic overlook as more particularly defined in the Recreation and Open Space Section of the Rincon Hill Plan, a part of the Master Plan. If a sidewalk widening or a pedestrian overpass is used to meet the open space requirement, the Planning Commission shall require approval of the open space proposal by the Department of Public Works prior to Planning Commission approval of the project.

(D) The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. The Planning Commission shall have authority to require a property owner to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space.

(E) Open space, including publicly accessible open space, may be provided on those portions of the site not developed pursuant to the requirements of Section 249.1(b)(1).

(F) The area of a solarium may be credited as private usable open space if such area is exposed to the sun through openings or clear glazing on not less than 50 percent of its perimeter and not less than 25 percent of its perimeter can be opened to the air. Rooms whose windows meet the requirements of Section 140 but for the fact that they face onto a solarium shall be deemed to comply with Section 140 if the windows of the solarium meet the standards of Section 140.

(5) Parking Requirements.

(A) There shall be at least one parking space for each dwelling unit, and no more than one parking space for each dwelling unit; provided, however, for dwellings specifically designed for and occupied by senior citizens or physically handicapped persons, as defined and regulated by Section 209.1(m) of this Code, there shall be at least one parking space for each five dwelling units. Parking in excess of one parking space for each dwelling unit shall not be classified as an accessory use, notwithstanding the provisions of Section 204.5(c) of this Code.

(B) Parking for all other uses shall be provided at a ratio of one space for each 1,500 occupied square feet of office or retail space.

(C) Within 25 feet horizontal distance from a street grade, parking cannot occupy the first two stories above grade. However, parking for dwelling units on pedestrian streets may be provided at ground level.

(d) Commercial/Industrial Subdistrict. The provisions of this Code applicable to an M-1 Use District shall govern the Commercial/Industrial Subdistrict except as specifically provided in this Section.

(1) Open Space.

(A) Open space shall be provided at the ratio of one square foot per 50 square feet of gross floor area of all uses except dwelling units. The open space provided shall conform to the definition of publicly accessible open space in Subsections (c)(4)(B) and (C). Publicly accessible open space, but no other type of open space, may be provided on those portions of the site not developed pursuant to the requirements of Section 249.1(b)(1).

(B) Open-space requirements for dwelling units shall be governed by Section 135 of this Code.

(C) The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. The Planning Commission shall have authority to require a property owner or owners to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space.

(2) Parking. All uses other than dwelling units shall be provided with one parking space for each 1,000 square feet of occupied floor area of use unless Section 151 imposes a lesser requirement for a particular use in which case the lesser requirement shall apply. For dwelling units, there shall be at least one parking space for each dwelling unit, and no more than one parking space for each dwelling unit; provided, however, for dwellings specifically designed for and occupied by senior citizens or physically handicapped persons, as defined and regulated by Section 209.1(m) of this Code, there shall be at least one parking space for each five dwelling units.

(3) Housing Density. Dwellings may be provided at a ratio not to exceed one dwelling unit for each 200 feet of lot area.

(4) Floor Area Premiums. The provisions of Section 125 allowing floor area premiums shall not apply. (Amended by Ord. 532-85, App. 12/4/85; Ord. 389-95, App. 12/14/95)

SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.

(a) General. A special use district entitled the “North of Market Residential Special Use District,” which includes RC-4 and P Use Districts, the boundaries of which are shown on Sectional Map No. 1SU^b of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purposes. In order to protect and enhance important housing resources in an area near downtown, conserve and upgrade existing low and moderate income housing stock, preserve buildings of architectural and historic importance and preserve the existing scale of development, maintain sunlight in public spaces, encourage new infill housing at a compatible density, limit the development of tourist hotels and other commercial uses that could adversely impact the residential nature of the area, and limit the number of commercial establishments which are not intended primarily for customers who are residents of the area, the following controls are imposed in the North of Market Residential Special Use District.

(c) Controls. The following zoning controls are applicable in the North of Market Residential Special Use District. Certain controls are set forth in other Sections of this Code and are referenced herein.

(1) Conditional Use Criteria. In making determinations on applications for conditional use authorizations required for uses located within the North of Market Residential Special Use District, the City Planning Commission shall consider the purposes as set forth in Subsection (b) above, in addition to the criteria of Section 303(c) of this Code.

(2) Notwithstanding the provisions of Section 209.8 of this Code, commercial establishments shall be limited to the ground floor and the first basement floor, except that such establishments may be permitted on the second story as a conditional use if authorized pursuant to Section 303 and Section 249.5(c)(1) of this Code.

(3) Garment shops that meet the qualifications set forth in Section 236(a) may be permitted on the ground floor and first basement floor as a conditional use if authorized pursuant to Section 303 and Section 249.5(c)(1) of this Code.

(4) The following uses are not permitted: (A) A hotel, inn, hostel or motel; and (B) massage establishments which are not incidental to the institutional uses permitted in Sections 217(a) through (d) of the Planning Code or are not incidental to a health club, gymnasium or other facility with a regular membership or other facility which is used primarily for instruction and training in body building, exercising, reducing, sports, dancing or other similar physical activities.

(5) In the portion of the area designated as Subarea No. 1 of the North of Market Residential Special Use District, as shown on Section Map 1SU^b of the Zoning Map, the density ratio shall be one dwelling unit for each 125 square feet of lot area; in Subarea No. 2, as shown on Section Map 1SU^b of the Zoning Map, the density ratio shall be one dwelling unit for each 200 feet of lot area. The double density provisions of Section 209.1(m) shall not result in greater density than that permitted in an RC-4 District.

(6) Off-street parking requirements may be modified by the City Planning Commission, as provided in Section 161(h) of this Code.

(7) A bulk district “T” shall apply pursuant to the provisions of Section 270, Table 270 of this Code.

(8) Special exceptions to the 80-foot base height limit in height and bulk districts 80-120-T and 80-130-T may be granted pursuant to the provisions of Section 263.7 of this Code.

(9) Building setbacks are required in this district pursuant to Section 132.2; provisions for exceptions are also set forth in Section 132.2 of this Code.

(10) Exceptions to the rear yard requirements for an RC-4 District may be granted pursuant to Section 134(f) of this Code.

(11) Awnings, canopies and marquees, as defined in Sections 790.20, 790.26 and 790.58 of this Code, and further regulated by the Building Code and Sections 249.5(c)(12), 136.2 and 607.4 of this Code are permitted.

(12) Signs located in the RC-4 portion of this district shall be regulated as provided in Section 607.4 of this Code.

(13) All provisions of the City Planning Code applicable in an RC-4 Use District shall apply within that portion of the district zoned RC-4, except as specifically provided above. All provisions of the City Planning Code applicable in a P Use District shall apply within that portion of the district zoned P, except as specifically provided above.

(14) All demolitions of buildings containing residential units shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition, in lieu of the criteria set forth in City Planning Code Section 303(c), consideration shall be given to the purposes of the North of Market Residential Special Use District set forth in Section 249.5(b), above, to the adverse impact on the public health, safety and general welfare due to the loss of existing housing stock in the district and to any unreasonable hardship to the applicant if the permit is denied. Demolition of residential hotel units shall also comply with the provisions of the Residential Hotel Ordinance.

(d) Liquor Establishments. In addition to all other applicable controls set forth in this Code, Liquor Establishments in the North of Market Residential Special Use District shall be subject to the controls set forth in this Section.

(1) No Off-Sale Liquor Establishments shall be permitted in the North of Market Residential Special Use District.

(2) An Off-Sale Liquor Establishment lawfully existing in the North of Market Residential Special Use District and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation may continue operation only under the following conditions, as provided by California Business and Professions Code Section 23790:

(A) The premises shall retain the same type of retail liquor license within a license classification; and

(B) The licensed premises shall be operated continuously without substantial change in mode or character of operation.

(3) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following, provided that the type of California liquor license does not change, the location of the establishment does not change, and the square footage used for the display and sale of alcoholic beverages does not increase:

(A) A change in ownership of an Off-Sale Liquor Establishment or an owner-to-owner transfer of a California liquor license; or

(B) Re-establishment, restoration or repair of an existing Off-Sale Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or

(C) Temporary closure of an existing Off-Sale Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling.

(4) The prohibition on Off-Sale Liquor Establishments shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Section 205.1; or

(B) Establishment of an Off-Sale Liquor Establishment if application for such Off-Sale Liquor Establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of this legislation; or

(C) Re-location of an existing Off-Sale Liquor Establishment in the North of Market Residential Special Use District to another location within the North of Market Residential Special Use District with conditional use authorization from the City Planning Commission, provided that (i) the type of California liquor license does not, change, (ii) the square footage used for the display and sale of alcoholic beverages does not increase, and (iii) the original premises shall not be occupied by an Off-Sale Liquor Establishment unless by another Off-Sale Liquor Establishment that is also relocating from within the North of Market Residential Special Use District. Any such conditional use authorization shall include a requirement that the establishment comes with the “Good Neighbor Policies” set forth in Subsection (d)(6) below; or

(D) A change in liquor license from a Type 21 (Off-Sale General) to a Type 20 (Off-Sale Beer and Wine), provided that the square footage used for the display and sale of alcoholic beverages does not increase.

(5) The prohibition on Off-Sale Liquor Establishments shall be interpreted to prohibit the transfer of any California Alcoholic Beverage Control Board off-sale liquor license from a location outside of the North of Market Residential Special Use District to a location within the North of Market Residential Special Use District or the issuance of any original California Alcoholic Beverage Control Board off-sale liquor license for a location within the North of Market Residential Special Use District.

(6) The following “Good Neighbor Policies” shall apply to all Liquor Establishments in the North of Market Residential Special Use District in order to maintain the safety and cleanliness of the premises and vicinity:

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

(B) The establishment shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences;

(C) No alcoholic beverages shall be consumed on any outdoor property adjacent to the establishment and which is under the control of the establishment, excepting those areas of the property that are enclosed and not visible from the sidewalk. are intended for patron services, are supervised by the establishment, and are not located adjacent to any sidewalk areas;

(D) No more than 33 percent of the square footage of the windows and clear doors of the establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises;

(E) No person under the age of 21 shall sell or package alcoholic beverages;

(F) Employees of the establishment shall regularly police the area under the control of the establishment in an effort to prevent the loitering of persons about the premises; and

(G) The establishment shall promptly remove any graffiti from the exterior of the premises.

(7) For purposes of this Section, the following definitions shall apply:

(A) “Liquor Establishment” shall mean any enterprise selling alcoholic beverages pursuant to a California Alcoholic Beverage Control Board license.

(B) “Off-Sale Liquor Establishment” shall mean any enterprise selling alcoholic beverages pursuant to a California Alcoholic Beverage Control Board License Type 20 (Off-Sale Beer and Wine), Type 21 (Off-Sale General), or any other California Alcoholic Beverage Control Board License which includes the privilege to sell alcoholic beverages for consumption off of the premises. Typical Off-Sale Liquor Establishments may include, but are not limited to, grocery stores, supermarkets and other retail sales and services;

(C) “Alcoholic Beverages” shall mean “alcoholic beverages,” as defined by California Business and Professions Code Sections 23004 and 23025;

(D) “Sell” or “Sale” shall mean and include any retail transaction whereby, for any consideration, an alcoholic beverage is transferred from one person to another. (Added by Ord. 165-85, App. 3/28/85; amended by Ord. 287-85, App. 6/6/85; Ord. 345-87, App. 8/21/87; Ord. 292-98, App. 10/2/98; Ord. 55-99, File No. 982065, App. 4/2/99)

SEC. 249.13. GEARY BOULEVARD/DIVISADERO STREET SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Divisadero Street/Geary Boulevard Special Use District, consisting of Lots 5, 5A, 6, 7, 8, 9, 9A, 10, 11 and 12 of Assessor's Block 1079 is hereby established for the purposes set forth below.

(b) Purposes. The following controls, imposed in the Geary Boulevard/Divisadero Street Special Use District, will advance the policies of the Commerce and Industry Element of the City's Master Plan in that they will encourage the expansion of needed health services, yet manage such expansion ensuring the preservation and integrity of residential neighborhoods in the City, and will promote the provision of adequate health services to all geographical districts and cultural groups within the City.

(c) Controls. The specific controls set forth herein shall apply only to the development of out-patient facilities affiliated with and operated by a health maintenance organization solely for the benefit of its members. Any development which does not meet the purposes set forth herein shall be governed by the underlying zoning controls.

(1) Design Review By Planning Commission. An applicant submitting an application for a proposed development and use pursuant to this Section shall be required to submit an application for design review by the Planning Commission. The design review application may be submitted concurrently with or before a building permit application.

(2) Fees. In addition to the building permit review fee set forth in Section 352, the project sponsor shall pay a fee of fifteen thousand dollars ($15,000.00) per application to compensate the Department of City Planning for compliance with this Section.

(3) Principal Permitted Uses. Ground floor uses shall be limited to those set forth for NC-3 Districts. Upper floor uses shall be limited to out-patient facilities, including physicians' offices needed to providing preventive health-care, and accessory administrative uses affiliated with and operated by a health maintenance organization, provided however that the accessory administrative use shall not occupy more than 15% of the floor area subject to the floor area ratio. For the purposes of interpreting “out-patient facilities” under this section, such facilities shall not be deemed an office use subject to the provisions of Sections 309 through 325 et seq.

(4) Basic Floor Area Ratio. The basic floor area ratio shall be six (6) to one (1). The provisions of Sections 102.9 and 102.10 defining gross floor area shall be used for calculating the floor area ratio. In addition to the floor area excluded from the floor area ratio calculation set forth in Sections 102.9 (b)(1) through 102.9(14) inclusive, and Section 102.10, dwelling units and other residential uses as defined in this ordinance shall be exempted from the floor area calculation.

(5) Dwelling Unit Density and Residential Use. The dwelling unit density shall be governed by the underlying zoning classification as set forth in Sections 207, 207.1, 209.1 and 209.2 of this Code. For the purposes of this section, residential use shall include rooms or beds used by out-patients receiving medical treatment at the health maintenance organization, including but not limited to patients receiving treatment at the AIDS infusion center, or receiving chemo-therapy treatment, regardless of the length of stay of such out-patients.

(6) Height And Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 105-X.

(7) Rear Yards. The requirements of this Code applicable to rear yards and applicable to dwelling units or other residential use may be modified by the Planning Commission as part of the design review, if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of the abutting properties will not be adversely affected;

(B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to the residents; and

(C) The access to light and air for abutting properties will not be significantly impeded.

(8) Required Set-Backs. The Planning Commission may impose a side set-back of up to 15 feet above the building height of 65 feet if it determines that this requirement is necessary to achieve a superior architectural design.

(9) Demolitions. Demolition of any building containing residential uses and any conversion fromresidential to non-residential uses above the ground floor shall be permitted provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (The San Francisco Residential Rent Arbitration and Stabilization Ordinance) are met.

If the Commission determines, during its design review, that the public benefits to be gained do not outweigh the adverse impacts from the demolition of the residential units, the Commission may impose conditions to reduce such adverse impact. The conditions may require that the applicant pay to the City Controller the sum of one hundred thousand dollars ($100,000.00) to mitigate the loss of housing units. Said amount paid to the City shall thereafter be used exclusively for the development of housing affordable to individuals or households with income not to exceed 80% of the median income of the San Francisco Standard Metropolitan Areas as defined by HUD.

(10) Parking. One (1) off-street parking space for every 500 square feet of occupied floor area of out-patient facility space and accessory use space shall be provided. The provisions of Section 151 of this Code shall govern off-street parking requirements for all other allowable uses in this Special Use District. The Planning Commission may reduce the off-street parking requirement if it finds that all or part of the off-street parking requirement is provided by existing off-street parking serving the health maintenance organization, and that such off-street parking is located within one block of the Special Use District.

(11) Appeal. The decision of the Planning Commission may be appealed to the Board of Permit Appeals within fifteen (15) days after action by the Planning Commission on the design review application. The procedure for appeal shall be as described in Section 308.2. The decision of the Planning Commission, or that of the Board of Permit Appeals on appeal shall constitute a final determination on all land use and Planning Code issues, except for review by a court of competent jurisdiction. Review by the Board of Permit Appeals on the issuance of a building or site permit for a proposed structure for this Special Use District shall be limited to issues arising out of the San Francisco Building Code, Health Code and Fire Code. (Added by Proposition K, 11/3/92)

SEC. 249.14. THIRD STREET SPECIAL USE DISTRICT.

(a) Purpose. There shall be a special use district known as the Third Street Special Use District, as designated on Sectional Map No. 10SU of the Zoning Map of the City and County of San Francisco, encompassing the commercially and industrially zoned property fronting Third Street from Army Street to Meade Avenue. The purpose of this special use district is to enhance the social and economic vitality of Third Street as the primary neighborhood commercial district for the Bayview Hunters Points area and encourage a healthier mix of essential neighborhood-serving retail uses by restricting overconcentration of liquor stores on Third Street and by allowing for drive-up facilities as a conditional use.

(b) Controls.

(1) Prohibition of Retail Uses Selling Alcoholic Beverages.

(A) No new off-sale liquor establishment shall be permitted in the special use district. An “off- sale liquor establishment” shall mean any establishment which has obtained the State of California's Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general) selling alcoholic beverages in an open or a closed container for consumption off the premises. Food markets, supermarkets and drug stores are exempted from this prohibition if no more than five percent of their shelf space is devoted to alcoholic beverages.

(B) No expansion of an existing off-sale liquor establishment shall be permitted in the special use district. Any such establishment lawfully existing prior to the effective date of this ordinance may continue in existence, provided such establishment remains in use, as follows:

(i) In the event that any such establishment ceases to operate or discontinues operation for 30 days or longer as set forth in state law, such use shall be deemed abandoned;

(ii) No establishment selling alcoholic beverages may expand the square footage devoted exclusively to the sale of alcoholic beverages, significantly increase the percentage of alcoholic beverage sales as a portion of total sales, or change its type of retail liquor license within a license classification.

(2) A large fast-food restaurant or a small self-service restaurant may have a drive-up facility only with conditional use authorization by the City Planning Commission. In addition to the conditional use criteria set forth in Section 303, the Commission shall find that:

(A) The restaurant does not form a part of any continuous retail frontage (defined for purposes of this subsection as two or more buildings which contain commercial uses and which have a continuous facade line at street level unbroken by any driveway, alley or walkway having a width greater than five feet;

(B) The restaurant is located on a lot that:

(i) Adjoins three city streets,

(ii) Is not within 500 foot walking distance of an elementary or secondary school; and

(C) The restaurant has sufficient off-street queuing space for at least eight cars and has off- street parking as required in Article 1.5 of this Code; and

(D) The proposed building massing and site planning is designed to complement the urban character of the street and respect pedestrian access along Third Street; and

(E) To the extent feasible, the project provides for additional residential development and/or other land use activities on the site. (Added by Ord. 349-95, App. 11/3/95)

SEC. 249.15. RESTRICTED LIGHT INDUSTRIAL SPECIAL USE DISTRICT.

(a) Purpose. There shall be a special use district known as the Restricted Light Industrial Special Use District, consisting of certain portions of the City and County of San Francisco zoned M-1 or P which border residential or recreational areas. The purpose of this district will be to restrict the more intensive light industrial activities in order to reduce conflict between uses adjacent or in close proximity to one another. These uses include: industrial areas, residential areas, recreation areas (both existing and proposed), large sports facilities or other large parking generators.

(b) Controls.

(1) In the Restricted Light Industrial Special Use District, the following uses (otherwise permitted or conditionally permitted in M-1 districts) shall not be permitted:

- Yard for storage or sale of livestock feed or coal;

- Stone or monument yard;

- Storage or transfer of junk, waste, garbage, refuse, secondhand, discarded, or salvaged materials;

- Automobile wrecking operation;

- Rendering or reduction of animal materials;

- Automobile assembling;

- Bottling plant, brewery, dairy products, plant, malt manufacturing or processing;

- Ice manufacturing;

- Concrete products mixing or manufacturing;

- Foundry;

- Metalworking or blacksmith shop;

- Enameling, lacquering, wholesale paint mixing;

- Woodworking mill or manufacturing of wood-fibre, sawdust, or excelsior products.

(2) In the Restricted Light Industrial Special Use District, the following uses shall require conditional use approval pursuant to Section 303(c) and (d) of the Planning Code:

- Parcel delivery services (as set forth in Planning Code Section 223(g) and (r));

- Ambulance services (as set forth in Planning Code Section 223(s));

- Storage for commercial vehicles (as set forth in Planning Code Section 223(t) and (u));

- Cold storage plant (as set forth in Planning Code Section 225(g));

In addition to the criteria for conditional use review already stated in Section 303, conditional use review for any new development in this special use district shall also consider the following issues:

(A) The impact on human health imposed by soil toxicity;

(B) Mitigation of adverse environmental impacts of industry on housing or open space (including but not limited to: noise, trash, dust);

(C) Conflict between industrial vehicular traffic and residential uses;

(D) Impacts of spillover parking from adjacent uses that generate high parking demands;

(E) Compatibility of appearance and landscaping with residential or parks;

(F) Any other related problems or issues resulting from the conflict of different land use activities in this area.

(3) Enforcement. All requirements of Article 1.7 of the City Planning Code with regard to enforcement and compliance with these restrictions shall be monitored by the Zoning Administrator in cooperation with the Department of Building Inspection and the Department of Public Health. Specifically, termination of legal nonconforming uses and abatement of illegal uses will be pursued to the extent permitted by the Municipal Code. (Added by Ord. 349-95, App. 11/3/95)

SEC. 249.16. OAKDALE AVENUE AND QUINT STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide affordable rental housing opportunities for low-income households for elderly or disabled persons there shall be an Oakdale Avenue and Quint Street Affordable Housing Special Use District, consisting of Lots 14 and 15 in Assessor's Block 5320, a rectangular parcel beginning at the southeasterly corner of Oakdale Avenue and Quint Street, thence easterly 50 feet along the southerly line of Oakdale Avenue for a uniform depth of 92.50 feet, as designated on Sectional Map No. SU10 of the Zoning Map. The following provisions shall apply within such special use district.

(a) Any developer of housing who agrees to construct at least 50 percent of the total units of a housing development for elderly or disabled persons or families of low or moderate income shall be entitled to a density double that otherwise permitted for the subject property. “Persons or families of low or moderate income” shall be as defined in Sections 50079.5, 50093 and 50105 of the Health and Safety Code.

(b) In this district all of the provisions of the City Planning Code for residential development shall continue to apply, including setback, rear yard, open space, height and bulk, and off-street parking standards.

(c) The controls of this Section shall remain in effect until December 31, 1999. (Added by Ord. 122-96, App. 3/28/96)

SEC. 249.17. THIRD STREET AND ARMSTRONG AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT.

In order to provide for affordable rental opportunities for very low, lower and/or moderate income households, there shall be a Third Street and Armstrong Avenue Affordable Housing Special Use District, consisting of Lot 6 of Assessor's Block 5419, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct at least (1) 20 percent of the total units of a housing development for lower income households or (2) 10 percent of the total units of a housing development for very low income households, shall be entitled to a density bonus upon approval by the City Planning Commission as a conditional use under section 303 of this Code.

(b) For purposes of this Section, the following definitions shall apply:

(1) “Density bonus” shall mean a density increase of 43 percent over the number of dwelling units otherwise permitted in the district. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units.

(2) “Designated unit” shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of low or very low income.

(3) “Housing development” shall mean five or more dwelling units.

(4) “Lower income households” is defined in Section 50079.5 of the Health and Safety Code.

(5) “Very low income households” is defined in Section 50105 of the Health and Safety Code.

(c) In this district all of the provisions of this Code applicable to residential development in an M-1 Zoning District shall continue to apply, including the requirement that conditional use authorization be obtained to permit residential development, except as specifically provided in Subsection (d).

(d) In this special use district a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval for a housing development subject to this Section may modify or grant the following modifications or exceptions to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code:

(1) A modification of off-street parking requirements of Section 151 of this Code to allow the total number of on-site parking spaces to exceed 150 percent of the Code-required number of parking spaces;

(2) A modification of the rear yard requirements of Section 134 of this Code to substitute at a minimum an equivalent amount of open space situated anywhere within this special use district.

(e) The controls of this Section shall remain in effect until December 31, 2002. (Added by Ord. 395-96, App. 10/21/96)

SEC. 249.18. NORTHEAST CHINA BASIN SPECIAL USE DISTRICT.

A Special Use District entitled the “Northeast China Basin Special Use District,” the boundaries of which are shown on the Zoning Map, is hereby established for the purposes set forth below. The following provisions shall apply within the Northeast China Basin Special Use District:

(a) Purposes. In order to accommodate the development of an open-air ballpark for major league baseball with a maximum of 45,000 seats with related commercial uses, including, but not limited to, general office, shops and other retail, restaurants, live music performances and other forms of live entertainment, in a setting of waterfront public spaces in an area that:

(1) Will enhance public enjoyment of the San Francisco Bay by bringing many people of all ages to a place of public assembly and recreation adjacent to the shoreline;

(2) Will be close to downtown and within walking distance of many thousands of workers, shoppers, visitors and residents;

(3) Will be conveniently served by public transit, including an extension of Muni Metro service from Market Street to the ballpark and beyond, with convenient transfer from and to BART, Muni bus and trolley lines, Caltrain services from the Peninsula to a station near the site, and potential ferry service from various north and east bay points to the ballpark site;

(4) Will be conveniently served by the broad South of Market street grid, a new 150-foot wide King Street boulevard in front of the ballpark and easy access to the 101 and I-280 freeways;

(5) Will have access to approximately 5,000 off-site parking spaces near the ballpark during the first five years, with possible renewal options;

(6) Will have convenient access to a sizable pool of existing and proposed on- and off-street parking which can be made available in the evening and on weekends; and, further, in order to assure that the ballpark is attractively designed and will be a visual asset to the City, there shall be a Northeast China Basin Special Use District.

(b) Controls.

(1) General. The provisions of the M -2 use district established by Section 201 of this Code shall prevail except as provided in paragraphs (2) through (4) below.

(2) Conditional Uses. An open-air ballpark with a maximum seating capacity of 45,000, assembly and entertainment uses under Section 221 of this Code, with associated parking, and various uses accessory to or related to ballpark and assembly and entertainment uses, including sports clubs, restaurants, and retail shops, shall all be permitted as conditional uses.

(3) Parking. In recognition of the public transit anticipated to be available to serve a ballpark in the proposed location, in recognition of the large supply of parking in the vicinity, much of which can be made available for ballpark use in the evening and on weekends, and in recognition of the availability of approximately 5,000 off-site parking spaces near the ballpark during the first five years of the ballpark's operation, there shall be no minimum requirement for off-street parking spaces for the uses permitted in the Northeast China Basin Special Use District. This provision supersedes the parking requirements set forth in Section 151 of this Code applicable to the permitted uses set forth herein.

(4) Architectural Design. In recognition of the prominence of the location and vital importance of the uses described in subsection (b)(2) above, such uses shall be subject to conditional use review and approval by the City Planning Commission. A conditional use may be authorized by the City Planning Commission if the facts presented are such to establish that the architectural design of the structure is appropriate for its intended use, location and civic purpose. This criterion shall be in lieu of the criteria set forth in Section 303(c)(1) through (4) of this Code. (Added by Proposition B, 3/26/96)

SEC. 249.19. CANDLESTICK POINT SPECIAL USE DISTRICT.

A special use district entitled the “Candlestick Point Special Use District,” the boundaries of which are designated on Sectional Map No. 10 SU of the Zoning Maps of the City and County of San Francisco, and which is generally bounded by Jamestown Avenue Extension, Giants Drive, Gilman Avenue, Arelious Walker Drive (Fitch Street), Carroll Avenue, Griffith Street, and San Francisco Bay, is hereby established for the purposes set forth below. The following provisions shall apply within the Candlestick Point Special Use District:

(a) Purposes. The following controls, imposed in the Candlestick Point Special Use District, shall accommodate the development of a stadium suitable for professional football and the National Football League's Super Bowl (“stadium”) and a retail shop-ping and entertainment center (“retail/entertainment center”), together with open space and related parking facilities (collectively, the “combined project”), as principal uses, and other uses as conditional uses.

(b) Controls. The specific controls set forth herein shall apply only to the principal uses and conditional uses described in this Section 249.19(b). Any other development not described herein shall be governed by the underlying zoning controls.

(1) Principal Uses. The following uses shall be permitted as principal uses in this special use district:

(i) Stadium: A stadium, primarily to be used for professional football, but which may also be used for other sporting events or outdoor entertainment events, and which may include other assembly and entertainment uses, and other uses related to the stadium, including retail sales and personal service uses, sports clubs, restaurants and office uses accessory to the stadium (which shall not be deemed an “office development” subject to the provisions of Planning Code Sections 309 through 325 et seq.);

(ii) Retail/Entertainment Center: A retail/ entertainment center which may include any type or size of retail establishment, restaurant, bar, entertainment use (including but not limited to movie theaters), amusement enterprise (including but not limited to arcades, nightclubs, bowling alleys, and skating rinks), and amusement park. Principal uses allowed under this subsection (ii) shall be limited to a total of 1,400,000 square feet of occupied floor area;

(iii) Open Space: Areas devoted to landscaping, shoreline access, shoreline trails, and active or passive recreational uses. The areas used for passive or active recreational uses may also be used as temporary parking areas to support stadium events, provided that such areas shall not be paved and shall include drainage and other improvements appropriate for both open space and temporary parking uses;

(iv) Parking: Off-street vehicle parking, provided by surface parking lots or underground or above-ground parking garages to serve the stadium and retail/entertainment center.

(2) Conditional Uses. The Planning Commission may authorize the following uses within the special use district as a conditional use:

(i) Any principally permitted uses allowed under Section 249.19(b)(1)(ii) which exceed a total of 1,400,000 square feet of occupied floor area;

(ii) Any use not specified in Subsection (b)(1) above and permitted in any C District, as that term is defined in Planning Code Section 102.5.

(3) Prohibited Uses. Adult entertainment establishments, as defined in Planning Code Section 790.36, massage establishments as defined in Planning Code Section 790.60 and any type of gaming, wagering or gambling establishment, shall not be permitted within the special use district.

(4) Floor Area Ratio. There shall be no floor area ratio limitation for the combined project or any approved conditional use.

(5) Design Review By Planning Commission. Any application for a new structure, or major alteration of an existing structure, to house a use permitted by this Section as a principal use under Section 249.19(b)(1) shall be subject to design review and approval by the Planning Commission. The Planning Commission shall approve such application if it finds that the proposed development meets the applicable height, bulk, floor area limitation and parking standards of this Section 249.19(b), and is consistent with the Priority Policies set forth in Planning Code Section 101.1, and that the architectural design of the structures, the landscaping, and the quantity and design of usable open space are appropriate for the intended use, location and purpose of the structure(s). The Planning Commission shall take final action on any completed application for a development permitted by this Section within 60 days of its first public hearing on the application. The procedures and criteria in this subsection shall govern in lieu of the discretionary review process set forth in Section 26 of Part III of the San Francisco Municipal Code. The fee for review of any application under this subsection shall be based on the cost of the time and materials (calculated at a rate of $77 per hour as may be adjusted by the Consumer Price Index) up to a maximum fee of $14,800.

(6) Parking. Parking shall be governed by Article 1.5 of the Planning Code unless otherwise specified in this subsection.

(i) Planning Code Section 159 and Subsections (a), (b), (h) and (p) of Planning Code Section 155 shall not apply to parking provided within the special use district. Planning Code Sections 155(i) and (j) shall apply only to the amount of parking required under Section 151.

(ii) For the purposes of calculating minimum required parking under Planning Code Section 151, in no case shall the total number of required parking spaces for the combined project exceed the greater of either the parking spaces calculated for the stadium or the parking spaces calculated for the retail/ entertainment center, standing alone.

(7) Appeal. The Planning Commission's determination on the design of the combined project pursuant to Section 249.19(b)(5) shall be a final determination on all design issues, except that the Arts Commission shall review the design, if required by Charter Section 5.103. Notwithstanding the provisions of Section 26 of Part III of the San Francisco Municipal Code, review by the Board of Appeals on the issuance of any demolition permit, building or site permit in this special use district shall be limited to compliance with the San Francisco Building Code, Health Code and Fire Code.

(c) State Park Land. To the extent any land owned or otherwise under the jurisdiction or control of the California Department of Parks and Recreation is included within the boundaries of the special use district, any development on such land shall be consistent with the purpose of the Candlestick Point State Recreation Area and shall continue to make available to the people the recreational opportunities that are offered by the shoreline, waters and environment of San Francisco Bay. To this end, no development shall be permitted within 120 feet of the shoreline of the San Francisco Bay, as measured at mean low tide. (Added by Proposition F, 6/3/97)

SEC. 249.20. SCOTT STREET SENIOR HOUSING SPECIAL USE DISTRICT.

In order to provide for housing for seniors, there shall be a Scott Street Senior Housing Special Use District, consisting of Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 of Assessor's Block 681, as designated on Sectional Map 2SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who (i) agrees to construct at least 50 percent of the total dwelling units of a housing development for occupancy by at least one person 62 years of age or older, and (ii) intends and operates 100 percent of the housing development for occupancy by persons 55 years or older, shall be entitled to a density bonus upon approval by the Planning Commission as a conditional use under Section 303 of this Code. Section 249.20(a)(ii) means that the housing development has at least 80 percent of the total occupied dwelling units occupied by at least one person 55 years of age or older and adheres to policies which demonstrate an intent to house older persons.

(b) For purposes of this Section, the following definitions shall apply:

(1) “Density bonus” shall mean:

(A) A density increase of up to 34 dwelling units in addition to the number of dwelling units otherwise allowable in the underlying districts; provided that:

(i) All density bonus units shall be seniors units; and

(ii) Cooking facilities in all density bonus units shall be limited to microwave ovens, refrigerators and full-sized sinks.

(B) The relocation, within a housing project in the special use district, of any portion of the maximum allowable residential density, including the density bonus provided under Subsection (b)(1)(A), between the area of the project site zoned NC-3 and the area of the project site zoned RH-3.

(2) “Housing development” shall mean 35 or more dwelling units.

(c) In this special use district, all applicable provisions of the Planning Code shall continue to apply, except as otherwise provided in this Section 249.20.

(d) In this special use district, a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the goal of creating senior housing. A conditional use approval for a development subject to this Section may modify or grant the following exceptions from or modifications to the requirements of this Code, if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code:

(1) A modification of or exception to the front setback requirements of Section 132 of this Code;

(2) A modification of or exception to the rear yard requirements of Section 134 of this Code;

(3) A modification of or exception to the unit exposure requirements of Section 140 of this Code:

(4) A modification of or exception to the parking requirements of Section 151 of this Code;

(5) A modification of or exception to the off-street loading requirements of Section 152 of this Code;

(6) A modification of or exception to the use limitations of Section 209 of this Code to permit office (including but not limited to social service) uses in the RH-3 area;

(7) A modification of or exception to the height limitations of Section 260(b)(1)(B) of this Code pertaining to elevator penthouses; and

(8) A modification of or exception to the open space requirements of Section 135 of this Code.

(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code pursuant to this Section, the Planning Com-mission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.

(f) The controls of this Section shall remain in effect until December 31, 2005. (Added by Ord. 472-97, App. 12/23/97)

SEC. 249.21. CALIFORNIA STREET AND PRESIDIO AVENUE - COMMUNITY CENTER SPECIAL USE DISTRICT.

A Special Use District entitled the "California Street and Presidio Avenue-Community Center Special Use District" (also referred to as the "California-Presidio Special Use District") the boundaries of which are shown on Section Map No. 3SU of the Zoning Map, is hereby established for the purposes set forth below.

(a) Purposes. To provide for the development of a Community Facility or Other Institution, Large, on a site that is currently split-zoned, which will serve both the immediate neighborhood and the larger San Francisco community, with related educational, cultural, social and recreational uses, including, but not limited to, retail sales, eating and drinking facilities and parking.

(b) Controls. All provisions of the Planning Code currently applicable to the RM-1 District and Sacramento Street Neighborhood Commercial District ("Sacramento NCD") portions of the California-Presidio Special Use District shall continue to apply to those portions of the site, except as otherwise provided in this Section 249.21.

(1) Permitted Uses. The following uses (including, without limitation, all uses which are principal permitted uses in RM-1 and Sacramento NCD Districts) shall be permitted as principal uses in this Special Use District:

Community Facility or Other Institutions, Large, which may include, but are not limited to, theatre, auditorium, performance, and meeting space, classrooms, art activities, including but not limited to, dance and music studios, health club, fitness center and related uses, including, but not limited to, aerobics and cardiovascular areas, gymnasium, pools, spa and other uses incidental thereto, social services, youth and day camp, teen programs, eating and drinking uses (as defined in Section 790.34 of this Code, with the exception of large fast-food restaurants as defined in Section 790.90 of this Code), other entertainment uses (as defined in Section 790.38 of this Code), on-site catering, child- care, retail, roof top recreation (including, but not limited to, basketball courts, play structures and other related uses), rooftop garden and parking. Such uses shall not be limited by story and may serve both the immediate neighborhood and the larger San Francisco community. The permitted hours of operation of commercial establishments shall be from 5 a.m. to 12 a.m.; any extended hours will require conditional use authorization pursuant to subsection (b)(2) hereunder.

(2) Conditional Uses. The Planning Commission may authorize the following uses within the California-Presidio Special Use District as a conditional use in accordance with the requirements of Section 303 of this Code:

(i) Any principally permitted use under Subsection (b)(1) above where the total floor area exceeds 130,000 gross square feet of floor area, excluding all parking and loading areas, including driveways and maneuvering areas incidental thereto, located entirely below curb level at the center line of the building along its California Street frontage.

(ii) Any use not authorized as a principal permitted use in Subsection (b)(1) which is allowed as a conditional use in either the RM-1 or Sacramento NCD Districts.

(3) Conditional Use and Architectural Design Review by Planning Commission. Any application for any new structure, or significant enlargement of any existing structure to house a use permitted within the California-Presidio Special Use District shall be subject to conditional use review and approval by the Planning Commission in accordance with the requirements in this subsection (b)(3). The Planning Commission shall approve such application if it finds that the proposed project:

(i) Meets the height, bulk, floor area limitation, parking standards and other standards or requirements of the California-Presidio Special Use District set forth below,

(ii) Is consistent with the Priority Policies set forth in Planning Code Section 101.1, and

(iii) With respect to the architectural design that:

(a) The mass and facade of the proposed structure are compatible with the existing scale of the underlying RM-1 and Sacramento NCD Districts,

(b) The facade of the proposed structure is compatible with design features of other non-residential facades and contributes to the positive visual quality of the underlying RM-1 and Sacramento NCD Districts,

(c) The treatment of screening, service areas, lighting and general signage program is compatible with non-residential buildings in the area or with the design and purposes of the proposed project, and

(d) The building is designed in discrete elements which respect the scale of development in the neighborhood.

The criteria in this Subsection (b)(3) shall be in lieu of the criteria set forth in Sections 303(c), Section 121.1 (Development of Large Lots, Neighborhood Commercial Districts) and Section 121.2 (Use Size Limits (Non-Residential), Neighborhood Commercial Districts) and Section 253 (Review of Proposed Buildings and Structures Exceeding a Height of 40 Feet in R Districts) of this Code. In making determinations on applications for conditional use authorization within the California-Presidio Special Use District, the Planning Commission shall consider the purposes set forth in Subsection (a) above, in addition to any other criteria to be applied hereunder.

(4) Floor Area Ratio. The floor area ratio limit shall be 2.5 to 1, provided, however, that the limit shall not apply to floor area used for off-street parking and loading and for driveways and maneuvering areas incidental thereto, where such parking and loading is located entirely below curb level as measured from the property line at the center point of the building along its California Street frontage.

(5) Height and Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 65-X.

(6) Required Setbacks - Site Coverage. The provisions of Sections 132, 134, and 136 of this Code governing setbacks shall not apply.

(7) Parking. The off-street parking requirement may be modified by the Planning Commission pursuant to the procedures for granting conditional use authorization set forth in Section 303 of this Code. In acting upon any application for a modification of parking requirements the Planning Commission shall consider the criteria set forth below in lieu of the criteria set forth in Section 303, or elsewhere in the Code, and shall grant the modification if it finds that:

(i) Modification of the parking requirement is justified by the reasonable anticipated auto usage by visitors of the project, including, without limitation, taking into consideration appropriate link factors due to multiple uses of programs and facilities, the normal hours of operation of such uses, programs and facilities and other factors applicable to the proposed uses; or

(ii) Modification of the parking requirement will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity of the project. In making such finding, the Planning Commission may, among other things, take into consideration (A) the proposed project's net effect on parking demand as compared to the parking demand that is not currently being met because of the absence of off-street parking associated with existing uses, and (B) whether the parking proposed for the project will decrease the deficiency that currently exists with respect to the parking that would normally be required under the Planning Code for the existing structures and uses.

Notwithstanding any other provisions of the Planning Code, parking may be made available to nearby residents, businesses and the general public for use as short-term or evening parking when not utilized by the uses authorized hereunder to which such parking is otherwise accessory.

(8) Demolitions. The demolition of all buildings in this California-Presidio Special Use District containing residential uses shall be authorized pursuant to the procedures for granting authorization set forth in Section 303 of this Code, provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (the San Francisco Residential Rent Stabilization and Arbitration Ordinance) are met. In considering whether to grant a conditional use permit for demolition, in lieu of the criteria set forth in Section 303, consideration shall be given to:

(i) The purposes of this California-Presidio Special Use District set forth in Subsection (a), above;

(ii) The adverse impact on the public health, safety and welfare due to the loss of existing housing stock in the underlying RM-1 and Sacramento NCD Districts, and

(iii) The hardship to the applicant if the permit is denied or a particular mitigation or condition is required.

Conditional Use authorization for demolition of the building at 3272 California Street shall be subject to such conditions, if any, as the Planning Commission may reasonably require.

(9) Signs. Except as provided herein, signage shall be regulated as provided in Article 6 of this Code, subject to review in accordance with the criteria set forth in Subsection (b)(3) herein.

(i) Signs for Businesses or Other Authorized Uses.

A. Window Signs. Window signs shall be permitted. The total area of all window signs shall not exceed 1/3 the area of the window on or in which the signs are located. Such signs may be non-illuminated, indirectly illuminated or directly illuminated.

B. Wall Signs. One wall sign per business or authorized use which fronts and opens on the street is permitted, provided that for a business or authorized use located at the street intersection that fronts on two streets two wall signs shall be permitted. The area of a wall sign shall not exceed 50 square feet and the height of the wall sign shall not exceed 20 feet. The wall sign may be non-illuminated, indirectly illuminated or directly illuminated.

C. Projecting Signs. One projecting sign per business or authorized use that fronts and opens on the street is permitted, provided that for a business or use located at the street intersection that fronts on two streets two signs shall be permitted. In no case shall more than five such projecting signs be permitted within this California-Presidio Special Use District. The area of the projecting signs shall not exceed 32 square feet and the height shall not exceed 30 feet. Projecting signs may be non-illuminated, indirectly illuminated, or directly illuminated.

D. Signs on Awnings. One awning or marquee per business or authorized use which fronts and opens on the street shall be permitted, provided that for a business or use located at a street intersection which fronts on two streets two awnings or marquees may be permitted. The area of the sign copy on such marquee shall not exceed 40 square feet and may be non-illuminated or indirectly illuminated.

Only one wall sign, awning sign, or projecting sign as described in this Subsection is permitted for each business or authorized use fronting on a street, provided that for a business or use at the intersection fronting on two streets, any two of such signs is permitted.

(ii) Projecting Signs (Banner Type). Up to four banner-type projecting signs adjacent to the main entrance are permitted. The area of these projecting signs shall not exceed 32 square feet and the height shall not exceed 50 feet. Such signs shall be non-illuminated or indirectly illuminated non-fluttering fixed banner types (principally used to celebrate holidays or announce events).

(iii) Identifying Sign. One project name identifying sign above the main entrance to the building shall be permitted and the area of the identifying sign shall not exceed 200 square feet and 40 feet in height. The identifying sign may be non-illuminated or indirectly illuminated.

(iv) Directly Illuminated Wall Sign. A directly illuminated digitally programmable sign or signs attached to the building facade at or around the corner of the building at California Street and Presidio Avenue to display announcements about community center events, programs and related matters consistent with the purposes and uses of the project is permitted.

Unless otherwise provided, signs described in this Section shall not exceed 100 square feet. (Added by Ord. 293-00, File No. 001759, App. 12/22/2000)

SEC. 249.22. INDUSTRIAL PROTECTION ZONE SPECIAL USE DISTRICT.

A Special Use District entitled the "Industrial Protection Zone Special Use District," the boundaries of which are shown on the Zoning Maps 8 and 10, is hereby established for the purposes set forth below. The following provisions shall apply within the Industrial Protection Zone Special Use District:

(a) Purposes. In order to protect and preserve production, distribution and repair land uses and activities from competing higher priced land uses and activities an Industrial Protection Zone Special Use District zoning is established that:

(1) Will enhance commercial and industrial land use diversity in San Francisco;

(2) Will be geographically close to other San Francisco land uses that require the goods and services provided by industrial land uses in the City;

(3) Will be conveniently served by street and highway systems and San Francisco Port related waterfront access.

(b) Controls.

(1) General. The provisions of the M-1 and M-2 use districts established by Section 201 of this Code shall prevail except as provided in paragraphs (2) and (3) below.

(2) Housing. In recognition of the need to preserve and protect production, distribution and repair land uses and facilities from competition from housing development, no residential or live/work development or conversion to such uses shall be allowed in the Industrial Protection Zone Special Use District.

(3) Office. In recognition of the need to preserve and protect production, distribution and repair land uses and facilities from competition from office development, no new office development or conversion to office shall be allowed in the Industrial Protection Zone Special Use District except where such office space is determined to be accessory to a permitted industrial use. (Added by Ord. 5-02, File No. 011638, App. 1/25/2002)

SEC. 249.23. FOURTH AND FREELON STREETS SPECIAL USE DISTRICT.

There shall be a special use district known as the Fourth Street, Freelon Street, Zoe Street and Welsh Street, as designated on Sectional Map No. 1SU of the Zoning Map of the City and County of San Francisco. The following controls shall apply within this Special Use District.

(a) Conversion of Previously Approved But Not Yet Constructed Live/Work Units to Market-Rate Housing. The developer of previously approved but not yet constructed live/work units may convert the units to market-rate residential units and construct additional new market-rate residential units on the site provided that (i) the developer, at his, her or its sole expense, constructs affordable housing off-site with square footage equal to 15% of the total residential units proposed to be constructed offsetting the developer's site acquisition costs against the costs of construction, and (ii) the affordable housing is constructed of similar high quality construction to the market rate units on land owned or purchased by the developer and is located in the South of Market Area or the North of Market Residential Special Use District, (iii) the off-site affordable housing building shall contain a minimum of 56 dwellings of no less than 400 square feet each, (iv) the off-site affordable units shall be rental units, (v) the off-site affordable rental units shall be marketed and monitored in accordance with the requirements of the Procedures Manual approved under Section 315.1(33) of the Planning Code, except that the owner shall, to the extent permitted by law, give top priority to current Single Room Occupancy tenants and families with low- and very-low income, (vi) the affordable rental units shall remain subject to the affordability requirements of the Procedures Manual for a period of 50 years from their date of initial occupancy, (vii) upon completion, the land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization, and (viii) the deed to the off-site affordable housing building and the associated land shall be transferred to a non-profit affordable housing organization selected by the Mayor's Office of Housing if the original nonprofit housing organization is dissolved. If no such nonprofit housing organization can be found, the off-site affordable housing building and the associated land shall revert to the City. The off-site affordable housing building and the associated land shall not be sold or transferred without the consent of the Mayor's Office of Housing. The nonprofit housing organization shall be responsible for securing all required City approvals and permits for the affordable housing project, with the cost of securing such approvals and permits borne by the developer as its costs of development.

For purposes of this section, "affordable" shall be defined as affordable to low- and lower-income households with income not exceeding 50% of San Francisco's median income. The developer shall pay to the San Francisco School District School Fees for the new market rate units less the amount of school fees already paid to the District for the previously approved live/work units.

(b) Principal Permitted Uses. The principal permitted uses in this Special Use District shall be a residential and retail mixed-use development. Office use is not allowed, except for office use accessory to a permitted retail use. Live/work is not permitted in this Special Use District. The construction of market-rate residential units is permitted only if the provisions of subsection (a) above are met.

(c) Dwelling Unit Density. The dwelling unit density shall be governed by the allowable building envelope.

(d) Rear Yard. The rear yard requirement shall be 15% of the lot depth. However, the Zoning Administrator may administratively modify the location of the required rear yard, provided that a comparable amount of open space is provided elsewhere in this Special Use District or within the development where it is more accessible to the residents of the development.

(e) Usable Open Space. The usable open space shall be 36 square feet per unit for private usable open space, or 48 square feet per unit for common usable open space.

(f) Sunlight and Dwelling Unit Exposure Requirements. The Planning Commission may grant an exception to Section 135(g)(2) and Section 140 of this Code pursuant to subsection 249.23(j) of this Ordinance.

(g) Off-Street Parking. No more than one off-street parking space shall be provided for each dwelling unit. The off-street parking space shall meet the standards set forth in Section 154 of this Code.

(h) Height and Bulk Restrictions. The base height and bulk applicable to this Special Use District is 50-X. An exception to the height requirement up to a maximum of 85 feet may be approved pursuant to subsection (j) of this Section.

(i) Yards. No front or side yard shall be required in this Special Use District

(j) Project Approval. The Planning Commis-sion shall conduct a duly noticed public hearing on the application for an alteration to the previously approved live/work project. Conditional use authorization is required for a project in this Special Use District meeting the requirements set forth in subsection (a) of this Section. The Planning Commission may grant an exception to the 50 height limit up to 85 feet and may approve the project, provided that the Commission finds that (i) the height of the building or structure does not exceed 85 feet, (ii) the project complies with the provisions of subsection (a) of this Section, (iii) the proposed project meets the additional criteria set forth in Section 303(c) of this Code, and (iv) the project sponsor has provided evidence that a mechanism will be in place to assure completion and maintenance of the off-site affordable housing and insurance against construction defects. The creation of this Special Use District shall not limit the discretion vested in the Planning Commission in its review including but not limited to height, building scale, required setbacks and street frontage treatments of the projects.

(k) Timing of Construction. The project applicant shall insure that the off-site units are constructed, completed, and ready for occupancy no later than the market rate units in the principal project. The off-site inclusionary units requirements shall be met on-site pursuant to the provisions of Section 315.4 of this Code in the event that no off-site project is built by the project applicant.

(l) Notice. Upon receipt of an alteration permit application for a residential development meeting the requirements of subsection (a) of this Section, the Planning Department shall provide notice of the development to property owners and occupants within a 300 foot radius of this Special Use District. (Added by Ord. 27-03, File No. 020549, App. 2/28/2003)

Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.