SEC. 801. MIXED USE DISTRICT PROVISIONS.

This Article is adopted specifically for Mixed Use Districts, as shown on the Zoning Map of the City and County of San Francisco. The provisions set forth or referenced in Article 8 shall apply to any use, property, structure, or development which is located in a Mixed Use District, unless otherwise provided for within this Code. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 801.1. PURPOSE OF ARTICLE 8.

This Article is intended to provide a comprehensive and flexible zoning system for Mixed Use Districts which is consistent with the objectives and policies set forth in the San Francisco Master Plan. More specifically, the purposes of this Article are:

(a) To provide in one article a complete listing of or cross-reference to all of the zoning categories, definitions, control provisions, and review procedures which are applicable to properties or uses in Mixed Use Districts in the vicinity of Downtown;

(b) To establish a zoning system which will accommodate all classes of Mixed Use Districts including individual districts which are tailored to the unique characteristics of specific areas;

(c) To provide zoning control categories whichembrace the full range of land use issues in neighborhoods in the vicinity of Downtown, in order that controls can be applied individually to each district to address particular land use concerns in that district. (Added by Ord. 131-87, App. 4/24/87)

SEC. 802. CLASSES OF MIXED USE DISTRICTS.

The following classes of use districts are established for mixed use districts. (Added by Ord. 131-87, App. 4/24/87)

SEC. 802.1. MIXED USE DISTRICTS.

The following districts are established for the purpose of implementing the Residence Element, theCommerce and Industry Element, the Downtown Plan, the Chinatown Plan and the South of Market Plan, all of which are parts of the Master Plan. Description and Purpose Statements outline the mainfunctions of each Mixed Use District in this Article, supplementing the statements of purpose contained in Section 101 of this Code.

Description and purpose statements applicable toeach district are set forth in Sections 810 through 820 of this Code. The boundaries of the various Mixed Use Districts are shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of that Section. The following Districts are hereby established as Mixed Use Districts.

Districts Section Number

Chinatown—Community Business District §810

Chinatown—Visitor Retail District §811

Chinatown—Residential Neighborhood Commercial District §812

RED—Residential Enclave District §813

SPD—South Park District §814

RSD—Residential/Service District §815

SLR—Service/Light Industrial/Residential District §816

SLI—Service/Light Industrial District §817

SSO—Service/Secondary Office District §818

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 802.2. SPECIAL USE DISTRICTS.

Portions of the area covered by this Article are also subject to the provisions of Section 236 of this Code. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 803. MIXED USE DISTRICT REQUIREMENTS.

The Mixed Use District zoning control categories are listed in Sections 803.2 and 803.3 of this Code. Related building standards and permitted uses are generally stated, summarized or cross-referenced in those Sections or Sections 810.1 through 819 of this Code, for each of the district classes listed in Section 802.1, or referenced in Section 899 of this Code. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 803.1. BUILDING STANDARDS IN THE CHINATOWN MIXED USE DISTRICTS.

Building standards which regulate the general size, shape, character, and design of development in Chinatown Mixed Use Districts are set forth, or summarized or cross-referenced in Sections 810.10 through 812.1 of this Code for each district class.

Table 803.1 below is set forth for convenience; in the event of any omission from the table or conflict with other provisions of this Code, the remainder of the Code shall govern.

TABLE 803.1
BUILDING STANDARD CATEGORIES IN THE CHINATOWN MIXED USE DISTRICTS

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.

A use is the specific purpose for which a propertyor building is used, occupied, maintained, or leased. Whether or not a use is permitted in a specific Chinatown Mixed Use District is set forth, summarized or cross-referenced in Sections 810.1 through 812.96 of this Code for each district class.

(a) Use Categories. The uses, functions, or activities, which are permitted in each Chinatown Mixed Use District class include those listed in Table 803.2 below by zoning control category and numbered and cross-referenced to the Code Section containing the definition.

TABLE 803.2
USE CATEGORIES PERMITTED IN THE CHINATOWN MIXED USE DISTRICTS

(b) Use Limitations. Uses in Chinatown Mixed Use Districts are either permitted, conditional, accessory, temporary, or are not permitted.

(1) Permitted Uses. All permitted uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an outdoor activity area, as defined in Section 890.71 of this Code; and uses which by their nature are to be conducted in an open lot or outside a building, as described in Sections 890 through 890.140 of this Code.

If there are two or more uses in a structure and none is classified under Section 803.2(b)(1)(C) of this Code as accessory, then each of these uses will be considered separately as an independent permitted, conditional, temporary or not permitted use.

(A) Principal Uses. Principal uses are permitted as of right in a Chinatown Mixed Use District, when so indicated in Sections 810.1 through 812.96 of this Code for each district class.

(B) Conditional Uses.

(i) Conditional uses are permitted in a China-town Mixed Use District when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in Sections 810 through 812. An establishment which sells beer and wine with motor vehicle fuel is a conditional use, and shall be governed by Section 229. Conditional uses are subject to the provisions set forth in Section 303 of this Code.

(ii) Any use or feature which lawfully existed and was permitted as a principal or conditional use on the effective date of these controls which is not otherwise nonconforming or noncomplying as defined in Section 180 of this Code, and which use or feature is not permitted under this Article is deemed to be a permitted conditional use subject to the provisions of this Code.

(C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Usesfor Dwelling Units in R Districts) and 204.5 (Parking and Loading as Accessory Uses) of this Code, a related minor use which is either necessary to the operation or enjoyment of a lawful principal use orconditional use or is appropriate, incidental and subordinate to any such use, shall be permitted in Chinatown Mixed Use Districts as an accessory use when located on the same lot. Any use not qualified as an accessory use shall only be allowed as a principal or conditional use, unless it qualifies as a temporary use under Sections 205 through 205.2 of this Code.

No use in a Chinatown Mixed Use District will be considered accessory to a principal use which involves or requires any of the following:

(i) The use of more than 1/3 of the total floor area occupied by both the accessory use and the principal use to which it is accessory, combined, except in the case of accessory off-street parking;

(ii) Any bar, restaurant, other entertainment, or any retail establishment which serves liquor for consumption on-site;

(iii) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store;

(iv) The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place.

The above shall not prohibit take-out food activitywhich operates in conjunction with a fast-food restaurant. A fast-food restaurant, by definition, includes take-out food as an accessory and necessary part of its operation.

(D) Temporary Uses. Uses not otherwise permitted are permitted in Chinatown Mixed Use Districts to the extent authorized by Sections 205, 205.1 or 205.2 of this Code.

(2) Not Permitted Uses.

(A) Uses which are not listed in this Article are not permitted in a Chinatown Mixed Use District unless determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.

(B) No use, even though listed as a permitted useor otherwise allowed, shall be permitted in a Chinatown Mixed Use District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(C) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 229. (Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 420-97, App. 11/7/97)

SEC. 803.3. USES PERMITTED IN SOUTH OF MARKET USE DISTRICTS.

(a) Use Categories. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Whether or not a use is permitted in a specific South of Market district is generally set forth, summarized or cross-referenced in Sections 813.3 through 818 of this Code for each district class.

(b) Use Limitations. Uses in South of Market districts are either permitted, conditional, accessory, temporary or are not permitted.

(1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as accessory will be considered separately as an independent permitted, conditional, temporary or not permitted use.

(A) Principal Uses. Principal uses are permitted as of right in a South of Market district, when so indicated in Sections 813 through 818 of this Code for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 and other applicable provisions of this Code.

(B) Conditional Uses. Conditional uses are permitted in a South of Market district, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in Sections 813 through 818 of this Code. An establishment which sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Section 229. Conditional uses are subject to the applicable provisions set forth in Sections 178, 179, 263.11, 303, 316 through 316.8, and 803.5 of this Code.

(C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R and NC Districts), 204.2 (Accessory Uses for Uses Other Than Dwellings in R Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an accessory use 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, and shall be permitted as an accessory use in a South of Market district. In order to accommodate a principal use which is carried out by one business in multiple locations within the same general area, such accessory use need not be located in the same structure or lot as its principal use provided that (1) the accessory use is located within 1,000 feet of the principal use; (2) the multiple locations existed on April 6, 1990 (the effective date of this amendment); and (3) the existence of the multiple locations is acknowledged in writing by the Zoning Administrator within 60 days after the effective date of this amendment. Any use which does not qualify as an accessory use shall be classified as a principal use.

No use will be considered accessory to a principal use which involves or requires any of the following:

(i) The use of more than one-third of the total occupied floor area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151, 156 and 157 of this Code;

(ii) A hotel, motel, inn, hostel, nighttime entertainment, adult entertainment, massage establishment, large fast food restaurant, or movie theater use in a RED, SPD, RSD, SLR, SLI or SSO District;

(iii) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a restaurant, bar, catering establishment, bakery, retail grocery or specialty food store.

(iv) Any sign not conforming to the limitations of Section 607.2(f)(3).

(D) Temporary Uses. Temporary uses not otherwise permitted are permitted in South of Market Districts to the extent authorized by Sections 205 through 205.3 of this Code. (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001)

SEC. 803.4. USES PROHIBITED IN SOUTH OF MARKET DISTRICTS.

(a) Uses which are not specifically listed in this Article or Article 6 are not permitted unless they qualify as a nonconforming use pursuant to Sections 180 through 186.1 of this Code or are determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code. Uses not permitted in any South of Market District include, but are not limited to, the following: Adult entertainment, bookstore or theater; amusement game arcade or similar enterprise; shooting gallery; general advertising signs, except in the South of Market General Advertising Special Sign District; animal kennel, riding academy or livery stable; automobile, truck, van, recreational vehicle/trailer or camper sales, lease or rental; auto tow of inoperable vehicles; auto wrecking operation; drive-up facility; hotel, motel, hostel, inn, or bed and breakfast establishment; heavy industry subject to Section 226(e) through (w) of this Code; junkyard; landing field for aircraft; massage establishment subject to Section 218.1 of this Code; mortuary; movie theater and sports stadium or arena.

(b) No use, even though listed as a permitted use or otherwise allowed, shall be permitted in a South of Market district which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(c) The establishment of a use that sells alcoholic beverages, other than beer and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 229. (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 420-97, App. 11/7/97; Ord. 74-01, File No. 002218, App. 5/18/2001)

SEC. 803.5. ADDITIONAL PROVISIONS GOVERNING USES IN MIXED USE DISTRICTS.

(a) Bars and Restaurants in South of Market Districts. Within South of Market Districts, bars and restaurants, permitted pursuant to zoning categories .32, .33 and .35 of Sections 813 through 818 of this Code, shall not be allowed except on conditions which, in the judgment of the City agency, board or commission which last exercises jurisdiction to apply this Code to a proposed such use, are reasonably calculated to insure that: (1) the quiet, safety and cleanliness of the premises and its adjacent area are maintained; (2) adequate off-street parking is provided, for which purpose the agency, board or commission may require parking in excess of that required under the provisions of Section 150(c) of this Code and may include participation in a South of Market parking management program if and when such a program exists; (3) proper and adequate storage and disposal of debris and garbage is provided; (4) noise and odors are contained within the premises so as not to be a nuisance to neighbors; and (5) sufficient toilet facilities are made accessible to patrons, including persons waiting to enter the establishment.

(b) Demolition or Conversion of Group Housing or Dwelling Units in South of Market Districts. Demolition, or conversion to any other use, of a group housing unit or dwelling unit or any portion thereof, in any South of Market District shall be allowed only subject to Section 233(a) and only if approved as a conditional use pursuant to Sections 303 and 316 of this Code, notwithstanding any other provision of this Code. This provision shall extend to any premises whose current use is, or last use prior to a proposed conversion or demolition was, in fact as a group housing unit or dwelling unit as well as any premises whose legal use as shown in the records of the Bureau of Building Inspection is that of a group housing or dwelling unit.

(c) Preservation of Landmark Buildings, Significant or Contributory Buildings Within the Extended Preservation District and/or Contributory Buildings Within Designated Historic Districts within the South of Market Base District. Within the South of Market Base District, any use which is permitted as a principal or conditional use within the SSO District, excluding nighttime entertainment use, may be permitted as a conditional use in (a) a landmark building located outside a designated historic district, (b) a contributory building which is proposed for conversion to office use of an aggregate gross square footage of 25,000 or more per building and which is located outside the SSO District yet within a designated historic district, or (c) a building designated as significant or contributory pursuant to Article 11 of this Code and located within the Extended Preservation District. For all such buildings the following conditions shall apply: (1) the provisions of Sections 316 through 318 of this Code must be met; (2) in addition to the conditional use criteria set out in Sections 303(c)(6) and 316 through 316.8, it must be determined that allowing the use will enhance the feasibility of preserving the landmark, significant or contributory building; and (3) the landmark, significant or contributory building will be made to conform with the San Francisco Building Code standards for seismic loads and forces which are in effect at the time of the application for conversion of use.

A contributory building which is in a designated historic district outside the SSO District may be converted to any use which is a principal use within the SSO District provided that: (1) such use does not exceed an aggregate square footage of 25,000 per building; and (2) prior to the issuance of any necessary permits the Zoning Administrator (a) determines that allowing the use will enhance the feasibility of preserving the contributory building; and (b) the contributory building will be made to conform with the San Francisco Building Code standards for seismic loads and forces which are in effect at the time of the application for conversion of use.

(d) Automated Bank Teller Machines Within South of Market Districts. All automated bank teller machines (ATMs), whether freestanding structures or walk-up facilities associated with retail banking operations, shall have adequate lighting, waste collection facilities and parking resources and shall be set back three feet from the front property line.

(e) Open Air Sales. Flea markets, farmers markets, crafts fairs and all other open air sales of new or used merchandise except vehicles, within South of Market districts, where permitted, shall be subject to the following requirements: (1) the sale of goods and the presence of booths or other accessory appurtenances shall be limited to weekend and/or holiday daytime hours; (2) sufficient numbers of publicly-accessible toilets and trash receptacles shall be provided on-site and adequately maintained; and (3) the site and vicinity shall be maintained free of trash and debris.

(f) Low-Income Affordable Housing Within the Service/Light Industrial District. Dwelling units may be authorized in the SLI District as a conditional use pursuant to Sections 303, 316 and 817.14 of this Code provided that such dwellings units shall be rented, leased or sold at rates or prices affordable to a household whose income is no greater than 80 percent of the median income for households in San Francisco (“lower income household”), as determined by Title 25 of the California Code of Regulations Section 6932 and implemented by the Mayor's Office of Housing.

(1) “Affordable to a household” shall mean a purchase price that a lower income household can afford to pay based on an annual payment for all housing costs of 33 percent of the combined household annual net income, a 10-percent down payment, and available financing, or a rent that a household can afford to pay, based on an annual payment for all housing costs of 30 percent of the combined annual net income.

(2) The size of the dwelling unit shall determine the size of the household in order to calculate purchase price or rent affordable to a household, as follows:

(A) For a one-bedroom unit, a household of two persons;

(B) For a two-bedroom unit, a household of three persons;

(C) For a three-bedroom unit, a household of four persons;

(D) For a four-bedroom unit, a household of five persons.

(3) No conditional use permit will be approved pursuant to this Subsection 803.5(f) unless the applicant and City have agreed upon enforcement mechanisms for the provisions of this Subsection which are acceptable to the City Attorney. Such enforcement mechanisms may include, but not be limited to, a right of first refusal in favor of the City, or a promissory note and deed of trust.

(4) The owner(s) of dwelling units authorized pursuant to this Subsection shall submit an annual enforcement report to the City, along with a fee whose amount shall be determined periodically by the City Planning Commission to pay for the cost of enforcement of this Subsection. The fee shall not exceed the amount of such costs. The annual report shall provide information regarding rents, mortgage payments, sales price and other housing costs, annual household income, size of household in each dwelling unit, and any other information the City may require to fulfill the intent of this Subsection.

(g) Good Neighbor Policies for Nighttime Entertainment Activities in South of Market Districts. Within South of Market Districts where nighttime entertainment activities, as defined by Section 102.17 of this Code, are permitted as a principal or conditional use shall not be allowed except on conditions which, in the judgment of the Zoning Administrator or City Planning Commission, as applicable, are reasonably calculated to insure that the quiet, safety and cleanliness of the premises and vicinity are maintained. Such conditions shall include, but not be limited to, the following:

(1) Notices shall be well-lit and prominently displayed at all entrances to and exits from the establishment urging patrons to leave the establishment and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; and

(2) Employees of the establishment shall be posted at all the entrances and exits to the establishment during the period from 10:00 p.m. to such time past closing that all patrons have left the premises. These employees shall insure that patrons waiting to enter the establishment and those existing in the premises are urged to respect the quiet and cleanliness of the neighborhood as they walk to their parked vehicle or otherwise leave the area; and

(3) 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 area nighttime entertainment patrons; and

(4) Sufficient toilet facilities shall be made accessible to patrons within the premises, and toilet facilities shall be made accessible to prospective patrons who may be lined up waiting to enter the establishment; and

(5) The establishment shall provide outside lighting in a manner than would illuminate outside street and sidewalk areas and adjacent parking, as appropriate; and

(6) The establishment shall provide adequate parking for patrons free of charge or at a rate or manner that would encourage use of parking by establishment patrons. Adequate signage shall be well-lit and prominently displayed to advertise the availability and location of such parking resources for establishment patrons; and

(7) The establishment shall provide adequate ventilation within the structures such that doors and/or windows are not left open for such purposes resulting in noise emission from the premises; and

(8) Any indoor and/or outdoor activity allowed as a principal or conditional use and located within 100 feet of a residential or live/work unit shall, during the period from 10:00 p.m. to 6:00 a.m., insure that sound levels emanating from such activities do not exceed the acceptable noise levels established for residential uses by the San Francisco Noise Ordinance; and

(9) The establishment shall implement other conditions and/or management practices, including the prohibition of dancing to recorded music (disco dancing), as determined by the Zoning Administrator, in consultation with Police Department and other appropriate public agencies, to be necessary to insure that management and/or patrons of the establishments maintain the quiet, safety, and cleanliness of the premises and the vicinity of the use, and do not block driveways of neighboring residents or businesses.

(h) Good Neighbor Policies for Programs Serving Indigent Transient and Homeless Populations Within the South of Market Base District. Within the South of Market districts where social service and shelter/housing programs serving indigent transient and/or homeless populations are allowed as a Conditional Use pursuant to Sections 813.15 through 816.15 (Group Housing) and Sections 813.21 through 818.21 (Social Services), some or all of the following conditions shall, when appropriate for specific cases, be placed upon any applicable City permits for the proposed establishment:

(1) Service providers shall maintain sufficient monetary resources to enable them to satisfy the following “good neighbor” conditions and shall demonstrate to the Department prior to approval of the conditional use application that such funds shall be available for use upon first occupancy of the proposed project and shall be available for the life of the project; and

(2) Representatives of the Southern Station of the San Francisco Police Department shall be apprised of the proposed project in a timely fashion so that the Department may respond to any concerns they may have regarding the proposed project, including the effect the project may have on Department resources; and

(3) Service providers shall provide adequate waiting areas within the premises for clients and prospective clients such that sidewalks are not used as queuing or waiting areas; and

(4) Service providers shall provide sufficient numbers of male and female toilets/restrooms for clients and prospective clients to have access to use on a 24-hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings; and

(5) Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; and

(6) Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where s/he may seek similar services; and

(7) Service providers shall maintain the side-walks in the vicinity in a clean and sanitary condition and, when necessary, shall steam clean the sidewalks within the vicinity of the project. Employees or volunteers of the project shall walk a 100-foot radius from the premises each morning or evening and shall pick up and properly dispose of any discarded beverage and/or food containers, clothing, and any other trash which may have been left by clients; and

(8) Notices shall be well-lit and prominently displayed at all entrances to and exits from the establishment urging clients leaving the premises and neighborhood to do so in a quiet, peaceful and orderly fashion and to please not loiter or litter; and

(9) Service providers shall provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises; and

(10) The establishment shall implement other conditions and/or measures as determined by the Zoning Administrator, in consultation with other City agencies and neighborhood groups, to be necessary to insure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

(i) Housing Requirement in the Residential/ Service District.

(1) Amount Required. Nonresidential uses subject to Sections 815.26, 815.28, 815.30, 815.31 through 815.47, and 815.59 through 815.65 of this Code shall be permitted in new construction in the Residential/Service District only if the ratio between the amount of occupied floor area for residential use to the amount of occupied floor area of the above-referenced nonresidential use is three to one or greater.

(2) Means of Satisfying the Housing Requirement. (A) Live/work units may satisfy the residential requirement pursuant to this Subsection and, when applicable, shall be subject to Sections 124(j) and/or 263.11(c)(3) of this Code; or (B) The residential space required pursuant to this Subsection may be satisfied by payment of a one-time in-lieu fee equal to $30 per square foot of residential space required by this Subsection and not provided on-site payable to the City's Affordable Housing Fund administered by the Mayor's Office of Housing; or (C)The residential space requirement may be satisfied by providing the required residential space elsewhere within the South of Market Base District where housing is permitted or conditional and is approved as a conditional use.

(j) Legal and Government Office Uses in theVicinity of the Hall of Justice. Within an approximately 300-foot radius of the 800 Bryant Street entrance to the Hall of Justice, and Assessor's Block 3780, Lots 1 and 2, as shown on Sectional Map 8SU of the Zoning Map, the offices of attorneys, bail and services, government agencies, union halls, and other criminal justice activities and services directly related to the criminal justice functions of the Hall of Justice shall be permitted as a principal use. There shall be a Notice of Special Restriction placed on the property limiting office activities to uses permitted by this Subsection.

(k) Work Space of Design Professionals. The work space of design professionals, as defined in Section 890.28 of this Code, shall be permitted as a principal use within the SLR, RSD and SLI Districts provided that, as a condition of issuance of any necessary permits, the owner(s) of the building shall agree to comply with the following provisions: (1) The occupied floor area devoted to this use per building is limited to the third story or above; (2) The gross floor area devoted to this use per building does not exceed 3,000 square feet per design professional establishment; (3) The space within the building subject to this provision has not been in residential use within a legal dwelling unit at any time within a five-year period prior to application for conversion under this Sub-section; and (4) The owner(s) of the building comply with the following enforcement and monitoring procedures: (i) The owner(s) of any building with work space devoted to design professional use as authorized pursuant to this Subsection shall submit an annual enforcement report to the Department of City Planning with a fee in an amount to be determined periodically by the City Planning Commission to pay for the cost of enforcement of this Subsection. The fee shall not exceed the amount of such costs. The report shall provide information regarding occupants of such space, the amount of square footage of the space used by each design professional establishment, amount of vacant space, compliance with all relevant City codes, and any other information the Zoning Administrator may require to fulfill the intent of this Subsection; (ii)The owner(s) of any building containing work space of design professionals authorized pursuant to this Subsection shall permit inspection of the premises by an authorized City official to determine compliance with the limitations of this Subsection. The City shallprovide reasonable notice to owners prior to inspecting the premises; (iii) The owner(s) of any building containing work space of design professionals authorized pursuant to this Subsection shall record a Notice of Special Restriction, approved by the City Planning Department prior to recordation, on the property setting forth the limitations required by this Subsection. The Department of City Planning shall keep a record available for public review of all space for design professionals authorized by this Subsection. (Added by Ord. 115-90, App. 4/6/90; amended by Ord. 207-02, File No. 020782, App. 10/18/2002)

SEC. 809. GUIDE TO UNDERSTANDING THE MIXED USE DISTRICT ZONING CONTROLS.

Mixed Use District controls are set forth in the Zoning Control Tables in Sections 810 through 818 or referenced in Section 899 of this Code.

(a) The first column in the Zoning Control Table, titled “No.” provides a category number for each zoning control category.

(b) The second column in the table, titled “Zoning Control Category,” lists zoning control categories for the district in question.

(c) The third column, titled "§References,” contains numbers of other sections in the Planning Code and other city codes, in which additional relevant provisions are contained.

(d) In the fourth column, the controls applicable to the various Mixed Use Districts are indicated either directly or by reference to other Code Sections which contain the controls.

The following symbols are used in this table:

P — Permitted as a principal use.

C — Permitted as a conditional use, subject to the provisions set forth in this Code.

— A blank space on the tables in Sections 810 through 812 indicates that the use or feature is not permitted within the Chinatown Mixed Use Districts. Unless a use or feature is permitted or required in the Chinatown Mixed Use Districts as set forth in the Zoning Control Tables or in those sections referenced in Section 899 of this Code, such use or feature is prohibited, unless determined by the Zoning Administrator to be a permitted use.

NP — Not Permitted. Section 803.4 lists certain uses not permitted in any South of Market district. NP in the Article 8 control column of Tables 813 through 818 also indicates that the use or feature is not permitted in the applicable South of Market District.

# — See specific provisions listed by section and zoning category number at the end of the table.

1st — 1st story and below, where applicable.

2nd — 2nd story, where applicable.

3rd+ — 3rd story and above, where applicable.

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 810.1. CHINATOWN COMMUNITY BUSINESS DISTRICT.

The Chinatown Community Business District, located in the northeast quadrant of San Francisco, extends along Broadway from the eastern portal of the Broadway Tunnel to Columbus Avenue and along Kearny Street from Columbus to Sacramento Street. This district also includes portions of Commercial Street between Montgomery Street and Grant Avenue and portions of Grant Avenue between Bush and California Streets. It is part of the larger core area of Chinatown.

The portions of Broadway, Kearny and Commercial Streets and Grant Avenue in this district are transitional edges or entries to Chinatown. North and east of the two blocks of Broadway contained in this district are North Beach and the Broadway Entertainment Districts. Kearny and Columbus Streets are close to intensive office development in the Downtown Financial District. Both Grant Avenue and Commercial Street provide important pedestrian entries to Chinatown. Generally, this district has more potential for added retail and commercial development than other parts of Chinatown.

This zoning district is intended to protect existing housing, encourage new housing and to accommodate modest expansion of Chinatown business activities as well as street-level retail uses. The size of individual professional or business office use is limited in order to prevent these areas from being used to accommodate larger office uses spilling over from the financial district.

Housing development in new buildings is encouraged at upper stories. Existing housing is protected by limitations on demolitions and upper-story conversions.

Table 810
CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE

SPECIFIC PROVISIONS FOR CHINATOWN COMMUNITY BUSINESS DISTRICT

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 811.1. CHINATOWN VISITOR RETAIL DISTRICT.

The Chinatown Visitor Retail Neighborhood Commercial District extends along Grant Avenue between California and Jackson Streets. This district contains a concentration of shopping bazaars, art goods stores and restaurants which attract visitors and shoppers and contribute to the City's visual and economic diversity. Grant Avenue provides an important link between Downtown retail shopping and the Broadway, North Beach and Fisherman's Wharf areas.

This district is intended to preserve the street's present character and scale and to accommodate uses primarily appealing to visitors (e.g tourist gifts shops, jewelry stores, art goods, large restaurants. In order to promote continuous retail frontage, entertainment, financial services, medical service, automotive and drive-up uses are restricted. Most commercial uses, except financial services are permitted on the first two stories. Administrative services, (those not serving the public) are prohibited in order to prevent encroachment from downtown office uses. There are also special controls on fast-food restaurants and tourist hotels. Building standards protect and complement the existing small-scale development and the historic character of the area.

The height limit applicable to the district will accommodate two floors of housing or institutional use above two floors of retail use. Existing residential units are protected by prohibition of upper-story conversions and limitation on demolition.

Table 811
CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE

SPECIFIC PROVISIONS FOR CHINATOWN VISITOR RETAIL DISTRICT

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 812.1. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.

The Chinatown Residential Neighborhood Commercial District extends along Stockton Street between Sacramento and Broadway and along Powell Street between Washington Street and Broadway. It is generally west and uphill from Grant Avenue and is close to the relatively intensely developed residential areas of lower Nob and Russian Hills. Stockton Street is a major transit corridor which serves as “Main Street” for the Chinatown neighborhood. Both Stock-ton and Powell Streets contain a significant amount of housing as well as major community institutions supportive to Chinatown and the larger Chinese community. This daytime-oriented district provides local and regional specialty food shopping for fresh vegetables, poultry, fish and meat. Weekends are this area's busiest shopping days.

Because Stockton Street is intended to remain principally in its present character, the Stockton Street controls are designed to preserve neighborhood-serving uses and protect the residential livability of the area. The controls promote new residential development compatible with existing small-scale mixed-use character of the area. Consistent with the residential character of the area, commercial development is directed to the ground story. Daytime-oriented use is protected and tourist-related uses, fast-food restaurants and financial services are limited.

Housing development in new and existing buildings is encouraged above the ground floor. Institutional uses are also encouraged. Existing residential units are protected by limits on demolition and conversion.

Table 812
CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE

SPECIFIC PROVISIONS FOR CHINATOWN RESIDENTIAL NEIGHBORHOOD
COMMERCIAL DISTRICT

(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90)

SEC. 813. RED - RESIDENTIAL ENCLAVE DISTRICT.

Residential Enclave Districts (RED) encompass the clusters of low-scale, medium density, predominantly residential neighborhoods located along the narrow side streets of the South of Market SLR district. Within these predominantly residential enclaves lie a number of vacant parcels, parking lots and other properties in open storage use. These properties are undeveloped or underdeveloped and are viewed as opportunity sites for new, moderate-income, in-fill housing.

The zoning controls for this district are tailored to the design needs and neighborhood characteristics of these enclaves and are intended to encourage and facilitate the development of attractive, compatible and economically feasible in-fill housing while providing adequate residential amenities to the site and neighborhood.

Dwelling units are permitted as a principal use. Social services and institutional uses are permitted as conditional uses. Group housing, retail, entertainment, general commercial and services light industrial uses are not permitted. Existing commercial activities in nonresidential structures may continue as nonconforming uses subject to the termination requirements of Sections 185 and 186. Live/work units limited to arts activities are permitted within the district as a principal use. Existing live/work units with other nonresidential uses may continue as nonconforming uses.

Table 813
RED — RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001)

SEC. 814. SPD - SOUTH PARK DISTRICT.

South Park is an attractive affordable mixed-use neighborhood. The South Park District (SPD) is intended to preserve the scale, density and mix of commercial and residential activities within this unique neighborhood. The district is characterized by small-scale, continuous-frontage warehouse, retail and residential structures built in a ring around an oval-shaped, grassy park. Retention of the existing structures is encouraged, as is a continued mix of uses and in-fill development which contributes positively to the neighborhood scale and use mix.

Most retail, general commercial, office, service/ light industrial, arts, live/work and residential activities are permitted. Group housing, social ser-vices, and other institutional uses are conditional uses. Hotels, motels, movie theaters, adult entertainment and nighttime entertainment are not permitted. (Added by Ord. 115-90, App. 4/6/90)

Table 814
SPD — SOUTH PARK DISTRICT ZONING CONTROL TABLE

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 368-94, App. 11/4/94; Ord. 74-01, File No. 002218, App. 5/18/2001)

SEC. 815. RSD - RESIDENTIAL/SERVICE MIXED USE DISTRICT.

The Residential/Service Mixed Use District (RSD) serves as a buffer between the higher-density, predominantly commercial area of Yerba Buena Center to the east and the low-scale, predominantly service/industrial area west of Sixth Street. The RSD serves as a major housing opportunity area within the South of Market District. The district controls are intended to facilitate the development of high-density, mid-rise housing, including residential hotels and live/work units, while also encouraging the expansion of retail, business service and commercial and cultural arts activities.

Residential hotels are subject to flexible standards for parking, rear yard/open space and density. Continuous ground floor commercial frontage with pedestrian-oriented retail activities along major thoroughfares is encouraged.

General office, hotels, nighttime entertainment, adult entertainment, massage establishment, movie theaters and heavy industrial uses are not permitted. (Added by Ord. 115-90, App. 4/6/90)

Table 815
RSD — RESIDENTIAL/SERVICE MIXED USE DISTRICT ZONING CONTROL TABLE