§ 803.9.

COMMERCIAL USES IN MIXED USE DISTRICTS

a.

Preservation of Historic Buildings Within the South of Market Mixed Use Districts. Within the South of Market Mixed Use Districts, 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.

b.

Preservation of Historic Buildings within Certain Eastern Neighborhoods Mixed Use Districts. The following controls are intended to support the economic viability of buildings of historic importance within Eastern Neighborhoods.

1.

This subsection applies only to buildings in SPD, MUG, MUO, or MUR Districts that are designated landmark buildings or contributory buildings within a designated historic district per Article 10 of the Planning Code, or buildings listed on or determined eligible for the California Register of Historical Resources by the State Office of Historic Preservation.

A.

All uses are principally permitted, provided that:

i.

The project does not contain any nighttime entertainment use.

ii.

Prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, determines that allowing the use will enhance the feasibility of preserving the building.

iii.

Residential uses meet the affordability requirements of the Residential Inclusionary Affordable Housing Program set forth in Section 415 through 415.9.

B.

The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior’s Standards, (36 C.F.R. § 67.7 (2001)) and any applicable provisions of the Planning Code.

2.

This subsection applies only to buildings in RED and RED-MX Districts that are a designated landmark building per Article 10 of the Planning Code, buildings designated as Category I-IV pursuant to Article 11 of this Code and located within the Extended Preservation District, or a building listed in or determined individually eligible for the National Register of Historic Places or the California Register of Historical Resources by the State Office of Historic Preservation.

A.

Retail and office uses, as defined in Planning Code Sections 890.104 and 890.70, respectively, are permitted only with conditional use authorization, pursuant to Planning Code Section 303, provided that:

i.

The project does not contain any nighttime entertainment use.

ii.

Prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, determines that allowing the use will enhance the feasibility of preserving the building.

B.

The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior’s Standards, (36 C.F.R. § 67.7 (2001)) and any applicable provisions of the Planning Code.

3.

This subsection applies only to buildings in the WMUG District that are a designated landmark building per Article 10 of the Planning Code, buildings designated as Category I-IV pursuant to Article 11 of this Code and located within the Extended Preservation District, or a building listed in or determined individually eligible for the National Register of Historic Places or the California Register of Historical Resources by the State Office of Historic Preservation.

A.

Office uses, as defined in Planning Code Section 890.70, are principally permitted, provided that:

i.

Prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, determines that allowing the use will enhance the feasibility of preserving the building.

B.

The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior’s Standards, (36 C.F.R.. § 67.7 (2001)) and any applicable provisions of the Planning Code.

c.

Preservation of Historic Buildings within and UMU Districts. The following rules are intended to support the economic viability of buildings of historic importance within the UMU District.

1.

This subsection applies only to buildings that are a designated landmark building, or a building listed on or determined eligible for the California Register of Historical Resources by the State Office of Historic Preservation.

2.

All uses are permitted as of right, provided that:

A.

The project does not contain nighttime entertainment.

B.

Prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Landmarks Preservation Advisory Board, determines that allowing the use will enhance the feasibility of preserving the building.

C.

Residential uses meet the affordability requirements of the Residential Inclusionary Affordable Housing Program set forth in Section 415 et seq.

3.

The Landmarks Preservation Advisory Board shall review the proposed project for compliance with the Secretary of the Interior’s Standards, (36 C.F.R. § 67.7 (2001)) and any applicable provisions of the Planning Code.

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 Mixed Use and Eastern Neighborhoods Mixed Use 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.

Legal and Government Office Uses in the Vicinity 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.

g.

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 Subsection; 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 shall provide 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.

h.

Vertical Controls for Office Uses.

1.

Purpose. In order to preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories, additional vertical zoning controls shall govern office uses as set forth in this Section.

2.

Applicability. This Section shall apply to all office uses in the MUG and UMU Districts, where permitted.

3.

Definitions. Office use shall be as defined in Section 890.70 of this Code.

4.

Controls.

A.

Designated Office Story or Stories. Office uses are not permitted on the ground floor, except as specified in Sections 840.65A and 843.65A. Office uses may be permitted on stories above the ground floor if they are designated as office stories. On any designated office story, office uses are permitted, subject to any applicable use size limitations. On any story not designated as an office story, office uses are not permitted. When an office use is permitted on the ground floor per Sections 840.65A and 843.65A, it shall not be considered a designated office story for the purposes of Subsection (h)(4)(D) below.

B.

Timing of Designation. In the case of new construction, any designated office story or stories shall be established prior to the issuance of a first building permit or along with any associated Planning Commission action, whichever occurs first. In the case of buildings that were constructed prior to the effective date of this Section, any such story or stories shall be designated prior to the issuance of any building permit for new or expanded office uses or along with any associated Planning Commission action, whichever occurs first.

C.

Recordation of Designation. Notice of the designation of office stories shall be recorded as a restriction on the deed of the property along with plans clearly depicting the designated story or stories in relation to the balance of the building. A designated office story may only be re-allocated when the designated office story is first returned to a permitted non-office use and associated building modifications to the designated office story are verified by the Zoning Administrator.

D.

Maximum Number of Designated Stories. The maximum number of designated office stories shall correspond to the total number of stories in a given building, as set forth in the table below. The designation of a particular story shall apply to the total floor area of that story and no partial designation, split designation, or other such subdivision of designated floors shall be permitted. For the purposes of the following table, the total number of stories in a given building shall be counted from grade level at curb and shall exclude any basements or below-grade stories.

Table 803.9(h)



Total Number of Stories Maximum Number ofDesignated Office Stories
1-story 0 stories (office use NP)
2 – 4 stories 1-story
5 – 7 stories 2-stories
8 or more stories 3-stories

E.

For projects with multiple buildings, consolidation of permitted office stories may be permitted, pursuant to the controls set forth in 329(d)(8).

i.

Retail Controls in the MUG, MUO, and UMU Districts. In the MUG, MUO, and UMU District, up to 25,000 gross square feet of retail use (as defined in Section 890.104 of this Code) is permitted per lot. Above 25,000 gross square feet, three gross square feet of other uses permitted in that District are required for every one gross square foot of retail. In the UMU District, gyms, as defined in Sec. 218(d), are exempt from this requirement.

AMENDMENT HISTORY

History

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013)

Division (b)(2)(A) amended; former division (b)(3) deleted and former division (b)(4) redesignated as new division (b)(3); division (c)(2)(A) amended; former division (c)(3) deleted and former division (c)(4) redesignated as new division (c)(3); divisions (h)(4)(A) and (i) amended; Ord. 196-11 , Eff. 11/3/2011. Division (a) amended; division (b) amended in its entirety; Ord. 42-13 , Eff. 4/27/2013. Division (h)(4)(A) amended; Ord. 56-13 , Eff. 4/27/2013. Division (c)(2)(C) references corrected; Ord. 62-13 , Eff. 5/10/2013.

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