Notices for Legislative Amendments

Notice is hereby given to the general public that applications involving the properties and/or issues described below have been filed with the Planning Department for review as set forth in the City Planning Code.

It is strongly recommended that persons submit their comments in writing in advance of the hearing. Written comments may be submitted via email directly to the case planner.

Persons who are unable to attend the scheduled Commission hearing may submit written comments regarding these cases to the individuals listed for each above via email or at the Planning Department, 49 South Van Ness Avenue, Suite 1400, San Francisco, CA 94103. Comments received by 9:30 a.m. on the day of the hearing will be made a part of the official record and will be brought to the attention of the Commission.

Pursuant to Government Code § 65009, if you challenge, in court, the approval of a conditional use, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Commission at, or prior to, the public hearing.

2023-005549PCA [Board File No. 230706]: Eliminating Public Art Requirement for 100% Affordable Housing Projects – Ordinance, introduced by Supervisor Dorsey, amending the Planning Code to eliminate the public art requirement for 100% affordable housing projects and provide for the relocation or removal of existing artwork at such projects subject to certain conditions; affirming the Planning Commission’s determination under the California Environmental Quality Act; and making findings, including findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. For further information, call Audrey Merlone at (628) 652-7534 or email at Audrey.Merlone@sfgov.org and ask about Record No. 2023-005549PCA.

2023-005354PCA [Board File No. 230701]: Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses – Ordinance, introduced by Mayor Breed, amending the Planning Code to 1) permit additional commercial, retail, and restaurant uses on the ground floor in certain neighborhood commercial districts (NCDs) and residential districts; 2) principally permit Flexible Retail on the ground floor in NCDs and Chinatown mixed use districts; 3) create Professional Services as a use category that may provide services to the public and businesses and delete Non-Retail Professional Service and Retail Professional Service use subcategories; 4) create regulations for music entertainment venues and non-profit theaters distinct from regulations for Bars; 5) allow Limited Corner Commercial Uses in certain residential districts; 6) conditionally permit Formula Retail and Restaurant uses in certain commercial and residential districts; 7) amend Section 311 to remove neighborhood notice requirements for changes of use in the Eastern Neighborhoods mixed use districts; 8) expand business types that qualify for the Planning Department priority review program; 9) clarify that multiple allowable uses may co-locate on one site; 10) clarify and modify various other use regulations and processes; 11) establish a process to legalize certain unpermitted outdoor activity areas including restaurant patios; 12) permit additional retail and non-retail uses in specified NCDs; and affirming the Planning Department’s determination under the California Environmental Quality Act, making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. For further information, call Veronica Flores at (628) 652-7525 or email at Veronica.Flores@sfgov.org and ask about Record No. 2023-005354PCA.

2023-005567PCA [Board File No. 230704]: Parcel Delivery Services Definition – Ordinance, introduced by Supervisor Chan, amending the Planning Code to revise the definition of Parcel Delivery Services to include Fleet Charging for freight or Autonomous Vehicles, as defined, that are primarily engaged in or preparing to deliver parcels or goods, and Parking Garages for use by employees of a Parcel Delivery Service use; affirming the PlanningDepartment’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. For further information, call Jenny Delumoat (628) 652-7568 or email at Jenny.Delumo@sfgov.org and ask about Record No. 2023-005567PCA.

2022-001407MAP/PCA [Board File No. 230505] – Wawona St. & 45th Ave. Cultural Center Special Use District. Ordinance amending the Planning Code and Zoning Map to illustrate and create the Wawona Street and 45th Avenue Cultural Center Special Use District (SUD) and facilitate the redevelopment of a cultural center (Irish Cultural Center). The Wawona St. and 45th Ave. Cultural Center SUD outlines permitted land uses and the process for seeking exceptions from specific Planning Code requirements including floor area ratio, rear yard, and bulk; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. For further information, call Gabriela Pantoja at (628) 652-7380 or email at Gabriela.Pantoja@sfgov.org and ask about Case No. 2022-001407MAP/PCA.

The Planning Commission intends to hold a PUBLIC HEARING on these items and on other matters on Thursday, July, 20, 2023, at City Hall, 1 Dr .Carlton B. Goodlett Place, Room 400 beginning at 12:00 a.m. or later.

2023-005238PCA: Planning Code – Conditional Use for Residential Projects in RM, RC, and RTO Districts [Board File No. 230596]. Ordinance, introduced by Supervisor Peskin, amending the Planning Code to require conditional use authorization for residential housing developments that do not maximize residential density, as defined, in Residential-Mixed (RM), Residential Commercial (RC), and Residential Transit Oriented (RTO) Districts except for Residential-Transit Oriented - Mixed (RTO-M) Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. For further information, call Audrey Merlone at (628) 652-7534 or email at audrey.merlone@sfgov.org and ask about Case No. 2023-005238PCA.

2023-005431PCA: Planning and Building Codes – Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization [Board File No. 230732] Ordinance amending the Planning Code to 1) facilitate residential uses Downtown by authorizing the conversion of non-residential uses to residential use in C (Commercial) zoning districts, and exempting such projects from requirements for rear yard, open space, streetscape improvements, dwelling unit exposure, bike parking, transportation demand management, dwelling unit mix, and Intermediate Length Occupancy controls, permitting live work units in such projects, streamlining administrative approvals for projects in the C-3 zoning district, and modifying the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses; 2) economically revitalize Downtown by adding Flexible Workspace as a defined use, authorizing large scale retail uses in the C-3 zoning district, allowing window displays in the C-3 zoning district, allowing Flexible Workspace as an active ground floor commercial use along certain street frontages in C-3 zoning districts, allowing accessory storage in any C zoning district, allowing the temporary installation for 60 days of certain signs in the C-3-R district, allowing temporary non-residential uses in vacant spaces for up to one year, including formula retail, reducing density limits for Residential Dwelling Units and Senior Housing in the C-2 zoning districts east of or fronting Franklin Street/13th Street and north of Townsend Street, principally permitting Laboratory, Life Science, Agricultural and Beverage Processing, and Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing, Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools in the C-3 zoning district, allowing formula retail as a ground floor use on Market Street, principally permitting office and design professional uses on the second floor and higher in the C-3-R zoning district, and requiring consideration of office vacancy in consideration of granting exceptions in the Transit Center Commercial Special Use District; 3) streamline sign permitting citywide and in the C-3 districts by allowing for the repair and rehabilitation of certain neon signs, and exempting existing business signs in the C-3 zoning district from certain zoning controls; 4) streamline Historic Preservation review of administrative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission; 5) increase threshold for large projects subject to commercial to residential ratios in the C-3-O district, and provide alternatives to on-site open space in certain C-3 districts by allowing for payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive reuse by amending the Building Code to add standards for adaptive reuse of non-residential buildings; and 7) principally permit formula retail and waive size limitations for such uses on a portion of Showplace Square Area (555-9th Street, Assessor’s Parcel Block No. 3781, Lot No. 003); affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. For further information, call Lily Langlois at (628) 652-7472 or email at lily.langlois@sfgov.org and ask about Case No. 2023-005431PCA.

2023-005422PCA: Planning, Building, Administrative Codes – Temporary Reduction in Development Impact Fees, Reduction in Development Impact Fees. Ordinance amending the Planning Code to 1) reduce Inclusionary Housing Program requirements of the Planning Code, for projects exceeding a stated unit size that have been approved prior to November 1, 2023 and that receive a first construction document within a specified period; 2) adopt a process for those projects to request a modification to conditions of approval related to development impact fees, subject to delegation by the Planning Commission; 3) reduce Article 4 development impact fees, including Inclusionary Affordable Housing fees, for projects approved before November 1, 2026 that receive a first construction document within 30 months of entitlement; and, 4) modify the Inclusionary Housing Program Ordinance effective November 1, 2026 to reduce applicable fees, and on-site or off-site unit requirements, for projects that exceed a stated unit size; amending the Building Code to temporarily allow for the collection of reduced development impact fees for certain projects that receive a first construction document within 30 months of entitlement; amending the Administrative Code to update the Inclusionary Housing Technical Advisory Committee member requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. For further information, call Kate Conner at (628) 652-7535 or email at kate.conner@sfgov.org and ask about Case No. 2023-005422PCA.

2023-005461PCA: Planning, Building Codes – Development Impact Fee Indexing, Deferral, and Waivers; Adoption of Nexus Study. Ordinance amending the Planning Code to 1) modify the annual indexing of certain development impact fees, with the exception of inclusionary housing fees; 2) provide that the type and rates of applicable development impact fees, with the exception of inclusionary housing fees, shall be determined at the time of project approval; 3) exempt eligible development projects in PDR (Production, Distribution, and Repair) Districts and the C-2 (Community Business) District from all development impact fees for a three-year period; 4) allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy; and 5) adopt the San Francisco Citywide Nexus Analysis supporting existing development impact fees for recreation and open space, childcare facilities, complete streets, and transit infrastructure and making conforming revisions to Article 4 of the Planning Code; amending the Building Code to allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy and repealing the fee deferral surcharge; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. For further information, call Aaron Starr at (628) 652-7533 email at aaron.starr@sfgov.org and ask about Case No. 2023-005461PCA.

The Planning Commission intends to hold a PUBLIC HEARING on these items and on other matters on Thursday, June 15, 2023, at City Hall, 1 Dr .Carlton B. Goodlett Place, Room 400 beginning at 1:00 p.m. or later.

2023-003461PCA: Planning Code – Polk Street and Haight Street Neighborhood Commercial Districts [Board File No. 230410] – Ordinance amending the Planning Code to permit Health Services uses on the ground floor for specified areas of the Polk Street Neighborhood Commercial District (NCD), to clarify that in the Polk Street NCD and within a quarter-mile of its boundaries Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed are not permitted, to clarify that in the Haight Street NCD such Tobacco Paraphernalia Establishments require conditional use authorization, and to clarify that Tobacco Paraphernalia Establishments do not include medicinal and adult-use cannabis retail uses; and affirming the Planning Department’s determination under the California Environmental Quality Act, making findings of consistency with the General Plan, and the eight priority policies of the Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare pursuant to the Planning Code, Section 302. For further information, call Veronica Flores at (628) 652-7525 or email at veronica.flores@sfgov.org and ask about Case No. 2023-003461PCA.

2023-003676PCAMAP: Constraints Reduction Ordinance [BF 230446]. A proposed Ordinance, introduced by Mayor Breed, amending the Planning Code to encourage housing production, by 1) streamlining construction of housing citywide, but outside of Priority Equity Geographies, as defined; 2) streamlining development of housing on large lots 3) allowing construction of buildings to the allowable height limit; 4) streamlining review of State Density Bonus projects; 5) streamlining construction of additional units in lower density zoning districts; 6) streamlining process for senior housing; 7) exempting certain affordable housing projects from development fees; 8) amending rear yard, front setback, lot frontage and minimum lot size requirements; 9) amending residential open space requirements; 10) allowing additional uses on the ground floor in residential buildings; 11) allowing homeless shelters and group housing in residential districts; 12) expanding the eligibility for the Housing Opportunities Mean Equity - San Francisco (HOME - SF) program and density exceptions in residential districts; and 13) allowing administrative review of reasonable accommodations; amending the Zoning Map to create the Priority Equity Geographies Special Use District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. For further information, call Aaron Starr at 628-652-7533 or email at Aaron.Starr@sfgov.org and ask about Record No. 2023-003676PCA.